Terms of Service

Effective Date: April 19, 2026
Last Updated: April 22, 2026

1. Acceptance of Terms

These Terms govern access to and use of the Setpoint Automation website at setpointautomation.ca and any services provided by Setpoint Automation (the "Services"). By accessing the Site, submitting the contact form, or engaging as a client, you agree to be bound by these Terms and the Privacy Policy.

If you do not agree with these Terms, you must not access or use the Services.

If you are acting on behalf of a company or other organization, you confirm that you have legal authority to bind that entity, that you are at least eighteen years old, and that you have the legal capacity to enter into a contract.

2. Description of Services

Setpoint Automation is a one-person consulting practice offering:

• Workflow automation design, build, and ongoing support
• CRM setup, cleanup, and integration
• Marketing and conversion websites
• Strategic consulting for trades and service businesses

The specific scope of any engagement is defined in a written proposal, statement of work, or service agreement exchanged before work begins. These Terms supplement, and do not replace, that written agreement.

3. Eligibility

To use the Services you must be at least eighteen years old, have legal capacity to contract, operate a legitimate business not engaged in illegal activity, and comply with all applicable laws. Setpoint Automation reserves the right to refuse service, decline a project, or terminate an engagement at its discretion.

4. Client Responsibilities

4.1 Accurate Information

You agree to provide accurate, complete, and current information about your business, including legal name, contact details, services offered, service area, and the tools you are currently using. Inaccurate information may delay or prevent service delivery.

4.2 Access and Cooperation

Many Setpoint Automation projects involve building on top of tools you already own (Jobber, QuickBooks, HubSpot, Google Workspace, and similar). You agree to provide the access, credentials, or administrative permissions reasonably required to complete the work, and to respond to questions within a reasonable time so work can progress.

4.3 Communications Law Compliance

You are solely responsible for complying with all applicable communications regulations, including Canada's Anti-Spam Legislation (CASL), the Telephone Consumer Protection Act (TCPA), CAN-SPAM, GDPR, PIPEDA, and PIPA as they apply to your business and customers. Setpoint Automation is not liable for fines, penalties, or legal claims arising from your failure to comply with communications laws, including sending messages without valid consent.

4.4 Content Accuracy

You represent that all content you provide (including copy, offers, pricing, service descriptions, reviews, testimonials, and images) is truthful, is not misleading, complies with advertising laws, and does not infringe any third-party rights.

4.5 Business Credentials

You represent that you hold all licences, certifications, and insurance required to operate your business legally in your jurisdiction. Setpoint Automation does not verify credentials and bears no liability for operations conducted without proper licensing.

4.6 Service Fulfillment

You remain solely responsible for delivering the services or products you advertise. Setpoint Automation is a technology consultancy, not a trade or service provider, and has no liability for the quality, timeliness, pricing, safety, or outcomes of services you deliver to your own customers.

5. Fees, Billing, and Refunds

5.1 Fee Structure

Fees are stated in Canadian dollars unless otherwise agreed in writing, and are exclusive of applicable taxes (GST/HST/PST), which are the client's responsibility. Pricing typically consists of a one-time project fee or, for ongoing support, a monthly retainer. Specific terms are defined in the written proposal or service agreement for each engagement.

5.2 Payment

Invoices are typically payable by e-transfer, bank transfer, or Stripe. Payment terms default to net 15 unless otherwise agreed. Overdue invoices may incur interest at 1.5% per month (19.56% per year) and may result in pausing of work until resolved.

5.3 Refunds

Deposits, setup fees, and work already performed are non-refundable. If you believe you have been charged in error, contact jerrid@setpointautomation.ca within thirty days and the matter will be reviewed in good faith.

5.4 Retainers and Cancellation

Monthly retainers auto-renew unless cancelled with at least fifteen days' written notice before the next billing date. Cancellation takes effect at the end of the current paid period. Price changes to ongoing retainers will be communicated with at least thirty days' notice.

6. Acceptable Use

You agree not to use the Services for illegal, fraudulent, deceptive, or harmful activities. Prohibited uses include:

• Violating any law, regulation, or third-party terms of service
• Infringing intellectual property, privacy, or publicity rights
• Transmitting defamatory, obscene, abusive, or threatening content
• Sending unsolicited commercial messages without valid consent
• Attempting to gain unauthorized access to systems or accounts
• Reverse-engineering, decompiling, or using the Services to build a competing product
• Reselling, sublicensing, or transferring the Services without written consent
• Disrupting service operation or supporting infrastructure
• Misrepresenting your identity or qualifications

Setpoint Automation reserves the right to investigate suspected violations, remove offending content or configurations, suspend or terminate engagements, and report violations to law enforcement.

7. Results and Service Performance

7.1 Results Disclaimer

Setpoint Automation does not guarantee any specific number of leads, conversion rate, revenue outcome, time savings, search ranking, or return on investment. Real-world outcomes depend on many factors outside of Setpoint Automation's control, including your market, pricing, reputation, sales process, operational capacity, and external circumstances. Any figures, case studies, or performance examples shared are illustrative and not promises of similar results for your business.

7.2 Standard of Care

Setpoint Automation warrants that the Services will be performed in a professional manner consistent with industry standards. Except for this express warranty, the Services are provided "as is" and "as available."

8. Intellectual Property

8.1 Pre-Existing Materials

All pre-existing tools, code libraries, templates, frameworks, and know-how brought to an engagement by Setpoint Automation remain its exclusive property. You receive a non-exclusive, worldwide, perpetual licence to use these materials as integrated into your deliverables, for your internal business purposes.

8.2 Custom Deliverables

On full payment of all fees owing for a project, you own the custom-built deliverables produced specifically for your business (such as unique automations, CRM configurations, site content, and documentation), subject to the licence granted in Section 8.1 above for any underlying pre-existing materials.

8.3 Client Content

You retain all rights to content you provide, including your branding, logos, copy, images, customer data, and lead data. You grant Setpoint Automation a limited, non-exclusive, worldwide, royalty-free licence to use, reproduce, modify, display, and transmit your content solely to deliver the Services.

8.4 Portfolio and Case Study Rights

Unless you request otherwise in writing, Setpoint Automation may reference the fact that it completed a project for your business, display your logo in a client list, and anonymize quantitative results (for example, "a landscaping client recovered twenty hours per week") in case studies. Confidential details and identifiable customer data are never shared.

8.5 Feedback

Any feedback, suggestions, or ideas you provide about the Services may be used freely by Setpoint Automation without obligation or compensation.

9. Third-Party Services and Integrations

The Services often involve configuring and integrating with third-party platforms such as Jobber, HubSpot, QuickBooks, Google Workspace, Make, Zapier, Stripe, Twilio, and similar. Your use of those platforms is governed by their own terms and privacy policies. Setpoint Automation is not responsible for third-party service availability, reliability, pricing changes, feature removals, or policy changes. If a third party experiences an outage, changes its terms, raises its prices, restricts API access, or discontinues a feature, Setpoint Automation will use reasonable efforts to mitigate the impact but cannot guarantee uninterrupted service.

10. SMS Messaging

10.1 Program

Setpoint Automation operates an SMS messaging program to communicate with clients and prospective clients about appointments, project updates, invoicing, support, and occasional service announcements.

10.2 Opt-In Consent

By providing your mobile phone number through the consultation booking form, during client onboarding, or by texting a keyword to a Setpoint Automation number when prompted, you expressly consent to receive text messages from Setpoint Automation at the number provided. Consent is not required as a condition of purchasing any service.

10.3 Message Frequency and Costs

Message frequency varies by engagement. Transactional messages are sent as project events occur. Service announcements are infrequent. Message and data rates may apply. Contact your wireless carrier for rate details.

10.4 Opt-Out

Reply STOP to any message to cancel. You will receive one confirmation message and no further texts, except as required to fulfill a prior contractual obligation. Reply START to re-subscribe. Reply HELP for help or contact jerrid@setpointautomation.ca.

10.5 Carrier Disclaimer

Wireless carriers are not liable for delayed or undelivered messages. Setpoint Automation is not responsible for any delays or failures in SMS delivery caused by carrier networks or third-party messaging platforms.

10.6 No Sharing for Marketing

Mobile phone numbers and SMS opt-in data collected by Setpoint Automation will not be shared with or sold to third parties for their marketing or promotional purposes.

11. Privacy and Data Processing

Your use of the Site and Services is subject to the Setpoint Automation Privacy Policy, which is incorporated into these Terms by reference.

Where Setpoint Automation processes personal information on your behalf as part of an engagement (for example, configuring a CRM that stores your customer records), Setpoint Automation acts as a data processor and you act as the data controller under applicable data protection law. A Data Processing Addendum is available on request.

12. Termination

11.1 Client-Initiated

You may end an engagement at any time by emailing jerrid@setpointautomation.ca. Cancellation of a monthly retainer takes effect at the end of the current paid period, subject to the notice requirements in Section 5.4. Fees for work already performed remain due.

11.2 Company-Initiated

Setpoint Automation may suspend or terminate access to the Services, with or without notice, for:

• Non-payment of fees
• Violation of these Terms or the Acceptable Use policy
• Conduct that harms others, Setpoint Automation, or any third party
• Extended client inactivity or unresponsiveness
• Legal or regulatory requirements

11.3 Effect of Termination

On termination, any unpaid fees for work performed become immediately due. You may request a handoff of your project files, credentials, and documentation within thirty days of termination. After thirty days, project files may be deleted per the retention policy. Sections dealing with intellectual property, confidentiality, warranties, indemnification, limitation of liability, and dispute resolution survive termination.

13. Warranties and Disclaimers

Setpoint Automation warrants that the Services will be provided in a professional manner consistent with industry standards. This is the only express warranty provided.

Except as expressly stated, the Services are provided "as is" and "as available." Setpoint Automation disclaims all other warranties, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

Setpoint Automation does not warrant that the Services will be uninterrupted, error-free, or free from viruses or other harmful components, that a specific business outcome will be achieved, or that integrations with third-party tools will remain available if those third parties change or discontinue them.

Some jurisdictions do not allow the exclusion of certain implied warranties, so some portions of this section may not apply to you. You retain any statutory consumer rights that cannot be waived under applicable law.

14. Limitation of Liability

To the fullest extent permitted by law, Setpoint Automation will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, lost revenue, lost goodwill, lost data, or other intangible losses, arising out of or relating to your use of the Services, even if Setpoint Automation has been advised of the possibility of such damages.

Setpoint Automation's total aggregate liability arising out of or relating to the Services will not exceed the greater of (a) the amounts actually paid to Setpoint Automation in the three months immediately preceding the event giving rise to the claim, or (b) one hundred Canadian dollars ($100 CAD).

These limitations apply regardless of the legal theory on which the claim is based. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of these provisions may not apply to you.

15. Indemnification

You agree to indemnify, defend, and hold harmless Setpoint Automation and its principal from any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to:

• Your access to or use of the Services
• Your breach of these Terms or any applicable law
• Your violation of any third-party right, including intellectual property, privacy, and publicity rights
• Claims arising from client content you provide
• Your failure to comply with communications laws such as CASL, TCPA, or CAN-SPAM
• Disputes between you and your own customers
• Misrepresentations made by you

Setpoint Automation reserves the right to assume exclusive defence and control of any matter subject to indemnification by you, in which case you agree to cooperate in the defence of such claim.

16. Governing Law and Dispute Resolution

15.1 Governing Law

These Terms and any dispute relating to them or the Services are governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein, without regard to conflict of law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

15.2 Informal Resolution

Before starting any formal proceeding, you agree to contact jerrid@setpointautomation.ca and attempt in good faith to resolve the dispute informally for a period of at least thirty days.

15.3 Jurisdiction

If informal resolution fails, you and Setpoint Automation agree that the courts of the Province of Alberta, located in Calgary, Alberta, have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Services, subject to either party's right to seek injunctive relief from a court of competent jurisdiction where necessary to protect intellectual property or confidential information.

17. General

16.1 Entire Agreement

These Terms, the Privacy Policy, and any signed written service agreement or statement of work form the complete agreement between you and Setpoint Automation and supersede all prior or contemporaneous communications, whether oral or written.

16.2 Assignment

You may not assign or transfer these Terms or any rights under them without prior written consent. Setpoint Automation may assign its rights and obligations under these Terms in connection with a merger, acquisition, or sale of assets without your consent.

16.3 Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions continue in full force and effect, and the invalid provision will be replaced by an enforceable one that most closely reflects the original intent.

16.4 Waiver

No failure or delay in enforcing a right under these Terms is a waiver of that right or of any future right.

16.5 Force Majeure

Setpoint Automation will not be liable for any delay or failure to perform arising out of causes beyond its reasonable control, including acts of God, war, terrorism, civil unrest, fire, flood, earthquakes, pandemics, strikes, internet or infrastructure outages, or actions of third-party providers.

16.6 Independent Contractor

The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, franchise, or employment relationship.

16.7 Notices

Notices to you may be sent by email, via the Site, or by other reasonable means. Notices to Setpoint Automation must be sent to jerrid@setpointautomation.ca.

16.8 Changes to These Terms

These Terms may be updated from time to time. Material changes will be communicated by updating the "Last Updated" date at the top of this page and, where appropriate, by email or a notice on the Site. Continued use of the Site or Services after updates constitutes acceptance. If you do not agree with updated Terms, you must stop using the Services.

18. Contact Information

Setpoint Automation
Email: jerrid@setpointautomation.ca
Subject line: Terms of Service Question
Website: https://setpointautomation.ca