Agreement
These Terms of Service ("Terms") govern your access to and use of the Markup platform. Markup ("Markup," "we," "our," or "us") is a sole proprietorship registered in Canada and operates the Service. By creating an account or using the Service, you agree to be bound by these Terms.
If you are using Markup on behalf of a business, you represent that you have authority to bind that business to these Terms.
The Service
Markup provides cloud-based software for Canadian trade contractors, including quoting, invoicing, HST/GST/PST calculation, T5018 tracking, and related tools. We reserve the right to modify, suspend, or discontinue any part of the Service with reasonable notice.
Accounts
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately at legal@getmarkup.ca of any unauthorized use.
You must be at least 18 years of age and operating a legitimate business to use Markup. We reserve the right to suspend or terminate accounts that violate these Terms.
Subscription and payment
Paid plans are billed monthly in Canadian dollars (CAD) at the rate displayed on the pricing page at the time of subscription. All prices are exclusive of applicable taxes.
Billing cycle. Subscriptions renew automatically at the end of each monthly billing period. You authorize us to charge your payment method on file.
Failed payments. If a payment fails, we will retry three times over five business days. If payment remains outstanding, access to paid features will be suspended until the balance is cleared.
Price changes. We will provide at least 30 days' notice of any price increase by emailing the address on your account. Continued use after the notice period constitutes acceptance of the new price.
Taxes. You are responsible for any sales taxes, HST/GST, or similar taxes applicable to your subscription based on your province.
Cancellation and refund
How to cancel. You can cancel your subscription at any time from your account settings page or by emailing legal@getmarkup.ca. Cancellations take effect at the end of the current billing period.
No prorated refunds. We do not provide prorated refunds for partial months. You retain access to paid features until the end of the period you have paid for.
Refund exception. If you experience a material service failure caused directly by Markup (not by upstream providers such as Stripe, Brevo, or Supabase), you may request a credit or refund within 14 days of the incident by emailing legal@getmarkup.ca.
Data after cancellation. You can export every record we hold for your account in JSON or PDF format at any time, including after cancellation. Records are retained for seven years for CRA compliance; access is restricted after closure but data is preserved.
Full refund policy: see /refund-policy.
Free plan and trials
The free plan is available indefinitely subject to the feature limits described on the pricing page. Free trial periods for paid plans are 14 days. A payment method is required to start a trial but is not charged until the trial ends. Cancelling before day 14 incurs no charge. At the end of the trial, the subscription activates and billing begins.
Your data
You own all data you enter into Markup. By using the Service, you grant us a limited, non-exclusive licence to store, process, and display your data solely for the purpose of providing the Service.
We do not access your business data except to provide technical support at your request or as required by law.
Acceptable use
You agree not to: use the Service for any unlawful purpose, including filing false tax documents; attempt to gain unauthorized access to any part of the Service; reverse engineer, decompile, or copy any part of the platform; resell or sublicense access to the Service without written permission; or use automated tools to scrape or extract data from the platform.
Tax and financial information
Markup provides tools to help you calculate and track tax obligations and CRA filing deadlines. These tools are informational, not professional advice. Tax rates, filing frequencies, and statutory deadlines can change without notice; we update them when we become aware of changes but cannot guarantee currency at the time you use them.
You are responsible for verifying every tax calculation, holdback amount, T5018 entry, and filing deadline with a qualified accountant or the CRA before filing or remitting. Markup is not liable for any tax penalty, interest, reassessment, or other cost arising from calculations or deadlines displayed in the Service.
AI-assisted features
Markup includes AI-assisted features, including a quote builder that generates suggested line items from a job description. These features are tools, not professional advice.
The AI cannot account for site conditions, hidden work, local market factors, supplier price changes, or material delivery risk. Every line item produced by the AI is a starting point that you are responsible for reviewing, adjusting, and confirming before sending a quote to a client.
Markup is not liable for pricing errors, cost overruns, scope omissions, or other losses arising from quotes generated or assisted by the AI.
Construction Act proper invoices
Markup provides invoice templates designed to satisfy the proper-invoice requirements of section 6.1 of the Construction Act (Ontario) and related regulations.
The legal sufficiency of any specific invoice as a 'proper invoice' under the Act, and the determination of when the 28-day payment period begins on a given project, remains the issuing contractor's responsibility. You are responsible for confirming each invoice includes every field required by the Act for your specific contract, project, trade, and the applicable owner or payer.
Markup is not liable for any failure of an invoice to qualify as a proper invoice, or for any consequent delay or loss of payment, lien deadline miss, or other cost.
Disclaimer of warranties
The Service is provided "as is" and "as available" without warranties of any kind, either express or implied, including merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or that any errors will be corrected.
Limitation of liability
To the maximum extent permitted by Ontario law, Markup's total liability for any claim arising under these Terms shall not exceed the amount you paid to us in the three months preceding the event giving rise to the claim. We are not liable for indirect, incidental, punitive, or consequential damages.
Indemnification
You agree to indemnify and hold harmless Markup and its employees, officers, and agents from any claims, damages, or expenses (including legal fees) arising from your use of the Service or breach of these Terms.
Governing law and disputes
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 dispute arising from these Terms shall be resolved by binding arbitration in Ontario, Canada, under the Arbitration Act (Ontario), except that either party may seek injunctive relief in a court of competent jurisdiction for intellectual property or data security matters.
Changes to these Terms
We will notify you of material changes to these Terms by email at least 30 days in advance. Continued use of the Service after the effective date of changes constitutes acceptance.
Contact
legal@getmarkup.ca