Introduction
NGYN Solutions Inc. ("NGYN Solutions," "we," "us," or "our") develops and operates several software applications, including SiteConnect โ a mobile and web-based workforce management platform designed for contracting and field service businesses (the "App" or "Services").
These Terms of Service ("Terms") govern your access to and use of SiteConnect. By clicking "I Accept," registering an account, downloading the App, or otherwise accessing or using the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not access or use the Services.
If you are registering on behalf of a business ("Customer"), you represent that you have authority to bind that entity to these Terms.
We may update these Terms from time to time. Material changes will be communicated by email or in-app notice at least 30 days before taking effect. Continued use after the effective date of any update constitutes your acceptance.
Definitions
"Agreement" means these Terms together with our Privacy Policy and any Order Forms.
"Authorized User" means any individual authorized by a Customer to access or use the Services, including field workers, site managers, and administrators.
"Customer" means the business entity (e.g. a contracting company) that subscribes to SiteConnect to manage its workforce.
"Customer Data" means all content, data, photos, voice recordings, location data, timesheet records, job forms, and other materials submitted by a Customer or Authorized User to the Services.
"Personnel" means the employees, contractors, and subcontractors of a Customer who use the Services as Authorized Users.
"Services" means the SiteConnect software-as-a-service platform and all associated features, updates, and mobile applications made available by NGYN Solutions under this Agreement.
"Subscription Term" means the period during which a Customer is entitled to use the Services, including any renewal periods.
"NGYN Solutions Apps" means SiteConnect and any other applications developed and operated by NGYN Solutions Inc., each governed by their own terms unless stated otherwise.
Access & accounts
3.1 Account registration
To use the Services, a Customer must register an account ("Account") and designate at least one Account Owner. The Account Owner may create profiles for Personnel as Administrators or standard users, each with different permissions. Accurate registration information must be provided and kept current.
3.2 Account owners & administrators
Account Owners and Administrators act as authorized representatives of the Customer. Any action taken through the Customer's Account is deemed an authorized action by the Customer. Administrators may invite Personnel, configure permissions, view all data submitted by their team, and receive reports based on Personnel activity.
3.3 Account security
You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your Account. Notify us immediately of any unauthorized access at [email protected]. NGYN Solutions is not liable for losses resulting from unauthorized use of your Account.
3.4 Ownership disputes
If ownership of an Account is disputed between parties, NGYN Solutions reserves the right, at its sole discretion, to determine rightful ownership or to suspend access until the disputing parties reach a resolution. We may request supporting documentation such as government-issued ID or business registration records.
Use of services
4.1 Permitted use
Subject to your compliance with these Terms, NGYN Solutions grants you a non-exclusive, non-transferable, revocable right to access and use the Services during the Subscription Term solely for your internal business operations.
4.2 Customer responsibilities
Customer is solely responsible for:
- Ensuring all Authorized Users comply with these Terms;
- The accuracy, quality, and legality of all Customer Data;
- Providing required notices and obtaining required consents from Personnel as required by applicable employment and privacy laws (including consent for location tracking, photo capture, voice recording, and biometric authentication);
- Maintaining the confidentiality of account credentials;
- Removing Authorized Users promptly when they leave the organization.
4.3 Beta services
From time to time, NGYN Solutions may offer beta features or early-access functionality at no charge. Beta services are provided "as is," are not guaranteed to be made generally available, and may be discontinued at any time without notice or liability. Standard warranties under these Terms do not apply to beta services.
4.4 Artificial intelligence features
The Services may include features that use artificial intelligence or machine learning, including on-device voice transcription. NGYN Solutions makes no warranties regarding the accuracy or completeness of AI-generated outputs. Customer is solely responsible for reviewing any AI-generated content before relying on it, and for obtaining any notices or consents required by law when AI features process personal information of Personnel.
Restrictions
Customer shall not, and shall not permit others to:
- Sublicense, resell, rent, or otherwise make the Services available to third parties outside the Customer's organization;
- Reverse engineer, decompile, disassemble, or attempt to derive source code from the Services;
- Modify, adapt, or create derivative works based on the Services;
- Use the Services to build a competing product or service, or access the Services for benchmarking or competitive analysis purposes;
- Use automated scripts, bots, scrapers, or crawlers to extract data from the Services without NGYN Solutions' written consent;
- Use the Services to store, transmit, or process unlawful, harmful, abusive, defamatory, or otherwise objectionable content;
- Share Authorized User login credentials across multiple individuals;
- Use the Services to violate any applicable law, regulation, or third-party rights;
- Incorporate any portion of the Services into any large language model, AI training dataset, or generative AI tool;
- Interfere with or disrupt the integrity or performance of the Services or any related infrastructure.
NGYN Solutions may suspend or terminate access immediately and without prior notice if it reasonably believes a restriction has been violated.
Customer data
6.1 Ownership
As between the parties, all Customer Data remains owned by the Customer. NGYN Solutions does not claim ownership of any content you submit to the Services.
6.2 License to NGYN Solutions
Customer grants NGYN Solutions a worldwide, royalty-free license to access, process, and use Customer Data solely to: (a) provide and maintain the Services; (b) improve and develop new features, using only aggregated and de-identified data; and (c) comply with legal obligations. NGYN Solutions will not use Customer Data to identify individuals for unauthorized purposes or sell Customer Data to third parties.
6.3 Data processor role
Where NGYN Solutions processes personal information of Customer's Personnel on Customer's behalf, NGYN Solutions acts as a data processor and Customer acts as the data controller. Customer is responsible for ensuring it has a lawful basis for providing that personal information to NGYN Solutions and for complying with all applicable data protection laws. These obligations are further detailed in our Privacy Policy and, where applicable, our Data Processing Addendum.
6.4 Data moderation
NGYN Solutions does not pre-screen Customer Data. However, we reserve the right to remove or disable access to any Customer Data that we reasonably believe violates these Terms, applicable law, or poses a security risk โ without prior notice and without liability to Customer.
6.5 Data retrieval on termination
For 60 days following the end of the Subscription Term, NGYN Solutions will make Customer Data available for retrieval upon written request. After this period, NGYN Solutions may delete Customer Data in accordance with its data retention practices.
Employee monitoring disclosure
Third-party integrations
The Services may integrate with third-party platforms (such as ERP or payroll systems) at the Customer's direction. These integrations are not part of the Services. Your use of any third-party service is subject to that provider's own terms and privacy policies. NGYN Solutions makes no warranty regarding the availability, accuracy, or continued support of any third-party integration. If Customer enables an integration, Customer authorizes NGYN Solutions to share Customer Data with that third-party provider as configured.
Fees & payment
9.1 Fees
Customer shall pay all fees as set out in the applicable Order Form or subscription plan ("Fees"). All payment obligations are non-cancelable and all Fees paid are non-refundable, except as expressly set out in Section 15 (Term & Termination).
9.2 Auto-renewal
9.3 Cancellation
To cancel your subscription, contact us at [email protected] before the renewal date. Cancellations take effect at the end of the current Subscription Term. No refunds are issued for the current billing period or any previously paid fees.
9.4 Non-payment
If Customer fails to pay any undisputed amount within 10 calendar days after written notice that the account is overdue, NGYN Solutions may suspend access to the Services until payment is received in full. Suspension does not relieve Customer of its payment obligations.
9.5 Taxes
Fees do not include applicable taxes (including GST/HST, sales tax, or VAT). Customer is responsible for all taxes associated with its subscription, except for taxes on NGYN Solutions' own income. If NGYN Solutions is required to collect such taxes, they will be added to Customer's invoice.
Intellectual property
10.1 NGYN Solutions ownership
All intellectual property rights in the Services, including all software, features, designs, updates, and aggregated/de-identified data derived from the Services, are and remain owned exclusively by NGYN Solutions Inc. and its licensors. No rights are granted to Customer except the limited access right described in these Terms.
10.2 Feedback
If Customer or any Authorized User provides suggestions, ideas, or feedback about the Services ("Feedback"), Customer grants NGYN Solutions a royalty-free, worldwide, perpetual right to use that Feedback for any purpose without restriction or compensation. Feedback will not be attributed to Customer.
10.3 Trademarks
Neither party may use the other's logos, trademarks, or product names without prior written consent. "SiteConnect" and "NGYN Solutions" are trademarks of NGYN Solutions Inc.
Confidentiality
11.1 Obligations
Each party may receive confidential information ("Confidential Information") from the other in connection with the Services. Confidential Information includes: for Customer โ Customer Data; for NGYN Solutions โ the Services, pricing, roadmap, and beta features. Each party agrees to: (a) use the other's Confidential Information only as necessary to fulfill obligations under these Terms; (b) protect it with at least the same care used to protect its own confidential information; and (c) not disclose it to third parties except to employees or contractors who need it and are bound by equivalent confidentiality obligations.
11.2 Exceptions
Confidentiality obligations do not apply to information that: (a) is or becomes publicly known through no breach of these Terms; (b) was already known to the receiving party before disclosure; (c) is received from a third party without restriction; or (d) is independently developed without reference to the other party's Confidential Information.
11.3 Compelled disclosure
A party may disclose Confidential Information if required by law or legal process, provided it gives the other party prompt written notice (where legally permitted) and discloses only what is legally required.
Warranties & disclaimers
12.1 Mutual warranties
Each party represents and warrants that it has the legal authority to enter into these Terms and that doing so does not violate any other agreement to which it is a party.
12.2 Disclaimer
Indemnification
13.1 By NGYN Solutions
NGYN Solutions will defend Customer against any third-party claim alleging that the Services, as provided and used in accordance with these Terms, infringe or misappropriate any copyright, trade secret, patent, or trademark. NGYN Solutions' obligations under this section do not apply to claims arising from: (a) Customer's use of the Services in violation of these Terms; (b) modifications made by Customer; or (c) combination of the Services with third-party products or data not provided by NGYN Solutions.
13.2 By Customer
Customer will defend and indemnify NGYN Solutions and its officers, directors, employees, and agents against any third-party claims, losses, and expenses (including reasonable legal fees) arising from: (a) Customer Data (when used by NGYN Solutions in accordance with these Terms); (b) Customer's or any Authorized User's use of the Services in violation of these Terms or applicable law; (c) Customer's failure to provide required notices or obtain required consents from its Personnel; or (d) any third-party integrations built by or on behalf of Customer.
13.3 Procedure
The indemnified party must: (a) promptly notify the indemnifying party in writing of any claim; (b) give the indemnifying party sole control over defense and settlement; and (c) provide reasonable cooperation. The indemnifying party may not settle any claim that imposes obligations on the indemnified party without prior written consent.
Limitation of liability
14.1 Exclusion of certain damages
To the maximum extent permitted by applicable law, neither party nor its affiliates will be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages โ including loss of profits, revenue, data, goodwill, or business interruption โ however caused and under any theory of liability, even if advised of the possibility of such damages.
14.2 Aggregate cap
Each party's total cumulative liability arising out of or related to these Terms will not exceed the total Fees paid or payable by Customer to NGYN Solutions in the 12 months immediately preceding the event giving rise to the claim.
14.3 Exceptions
The limitations in this section do not apply to: (a) Customer's obligation to pay Fees; (b) either party's indemnification obligations; or (c) either party's gross negligence, willful misconduct, or fraud.
Term & termination
15.1 Term
These Terms commence on the date Customer first accesses or uses the Services and remain in effect until all Subscriptions have expired or been terminated.
15.2 Termination for cause
Either party may terminate these Terms if the other party is in material breach and fails to cure the breach within 30 days of written notice. Termination takes effect immediately upon notice for violations of Section 5 (Restrictions). Either party may also terminate if the other becomes insolvent or subject to insolvency proceedings not dismissed within 60 days.
15.3 Termination by NGYN Solutions for convenience
NGYN Solutions may terminate these Terms or suspend any Customer Account at any time, with 30 days' written notice, for any reason or no reason. If NGYN Solutions terminates for convenience, it will refund Customer any prepaid Fees prorated for the unused portion of the Subscription Term.
15.4 Effect of termination
Upon termination: (a) all Authorized User access to the Services ends; (b) all outstanding payment obligations become immediately due; (c) Customer may retrieve its data for 60 days as described in Section 6.5; and (d) each party returns or destroys the other's Confidential Information upon request.
15.5 Surviving provisions
Sections 6 (Customer Data), 10 (Intellectual Property), 11 (Confidentiality), 12 (Warranties & Disclaimers), 13 (Indemnification), 14 (Limitation of Liability), 15 (Term & Termination), and 17 (General Provisions) survive termination of these Terms.
Mobile app license
16.1 License grant
Subject to these Terms, NGYN Solutions grants each Authorized User a limited, revocable, non-exclusive, non-transferable license to download and use the SiteConnect mobile application on a device owned or controlled by that user, solely for the purposes described in these Terms. This license is automatically revoked upon termination of these Terms or if the user violates any of its provisions.
16.2 Restrictions
You may not: (a) copy, modify, or create derivative works of the mobile application; (b) reverse engineer, decompile, or disassemble the application; (c) remove any copyright or proprietary notices; (d) redistribute or make the application available to third parties; or (e) use the application to process data on behalf of third parties outside the Customer's organization.
16.3 Updates & support
NGYN Solutions may release updates to the mobile application from time to time. These Terms apply to all updates. NGYN Solutions is not obligated to provide maintenance or support for the mobile application, but may do so at its discretion.
16.4 App store terms
Your download and use of the mobile application through the Apple App Store or Google Play Store is also subject to the applicable app store's terms of service. In the event of a conflict between those terms and these Terms, these Terms govern to the extent permitted by the app store provider.
General provisions
17.1 Governing law
These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles. Any disputes that proceed to court will be resolved in the courts of Ontario, Canada.
17.2 Dispute resolution
Before initiating any legal proceedings, the parties agree to attempt to resolve any dispute in good faith by sending written notice describing the dispute to [email protected]. If the dispute is not resolved within 30 days of such notice, either party may pursue available legal remedies.
17.3 Force majeure
Neither party is liable for any failure or delay in performance to the extent caused by circumstances beyond its reasonable control, including natural disasters, pandemics, government actions, or third-party infrastructure failures. The affected party will promptly notify the other and use reasonable efforts to resume performance.
17.4 Assignment
Customer may not assign these Terms or any rights under them without NGYN Solutions' prior written consent. NGYN Solutions may assign these Terms without consent in connection with a merger, acquisition, or sale of all or substantially all of its assets. Any purported assignment in violation of this section is void.
17.5 Notices
All notices to NGYN Solutions must be sent by email to [email protected]. Notices to Customer will be delivered by email to the address on file, by in-app notification, or by posting on our website. Email notices satisfy any requirement that notice be in writing.
17.6 Relationship of parties
The parties are independent contractors. These Terms do not create any partnership, joint venture, agency, franchise, or employment relationship between NGYN Solutions and Customer or any of its Personnel.
17.7 Entire agreement
These Terms, together with the Privacy Policy and any Order Forms, constitute the entire agreement between the parties regarding the Services and supersede all prior agreements, representations, and understandings. In the event of a conflict, the order of precedence is: (1) Privacy Policy / Data Processing Addendum, (2) Order Form, (3) these Terms.
17.8 Severability & waiver
If any provision of these Terms is found unenforceable, it will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force. A party's failure to enforce any right under these Terms does not constitute a waiver of that right.
17.9 Multiple NGYN Solutions applications
NGYN Solutions develops multiple applications in addition to SiteConnect. These Terms apply solely to SiteConnect. Other applications developed by NGYN Solutions are governed by their own separate terms of service.
Contact us
All questions, legal notices, and support requests regarding these Terms must be submitted by email. We do not offer phone or in-person support at this time.