Terms of Service

1. Acceptance of Terms

By accessing or using the SM-Compare platform ("Platform"), including our website, mobile applications, and APIs, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you must not access or use the Platform.

These Terms constitute a legally binding agreement between you ("User," "you," or "your") and SM-Compare Inc. ("SM-Compare," "we," "us," or "our"), a corporation incorporated under the laws of Ontario, Canada.

If you are using the Platform on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to these Terms, in which case "you" or "your" shall refer to such entity.

You must be at least 18 years of age or the age of majority in your province of residence to use this Platform.

2. Service Description

SM-Compare is a Canadian service marketplace comparison platform that provides:

SM-Compare acts as an information intermediary and does not directly provide any of the services listed by providers on the Platform. We do not endorse, guarantee, or assume responsibility for any provider, their services, or the accuracy of information provided by providers.

3. User Accounts

To access certain features of the Platform, you must create an account. When creating an account, you agree to:

We reserve the right to suspend or terminate accounts that violate these Terms, contain false information, or engage in fraudulent or harmful activity.

You may delete your account at any time by contacting our support team. Upon deletion, we will remove your personal information in accordance with our Privacy Policy and applicable data retention requirements.

4. Provider Responsibilities

Providers who list their services on SM-Compare agree to the following obligations:

SM-Compare reserves the right to modify, suspend, or remove any provider listing that violates these Terms or that we determine, in our sole discretion, is harmful to consumers or the integrity of the Platform.

5. Consumer Rights

As a consumer using SM-Compare, you have the following rights:

When submitting reviews, consumers agree to:

6. Intellectual Property

SM-Compare Property: The Platform, including its software, design, text, graphics, logos, trust score methodology, and all related intellectual property, is owned by SM-Compare Inc. and protected by Canadian and international copyright, trademark, and other intellectual property laws.

User Content: You retain ownership of content you submit to the Platform (reviews, photos, messages). By submitting content, you grant SM-Compare a non-exclusive, worldwide, royalty-free, perpetual license to use, display, reproduce, modify, and distribute your content in connection with the Platform and our marketing.

Restrictions: You may not:

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

Some provinces may not allow limitations of liability for certain types of damages. In such cases, our liability shall be limited to the minimum extent permitted by law.

Nothing in these Terms shall exclude or limit our liability for death, personal injury, fraud, or any other liability that cannot be excluded under applicable Canadian law.

8. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles.

The courts of Ontario, Canada shall have exclusive jurisdiction over any disputes arising from or relating to these Terms or your use of the Platform.

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

9. Dispute Resolution

In the event of any dispute, claim, or controversy arising from or relating to these Terms or the Platform, the parties agree to the following resolution process:

Step 1 - Informal Resolution: Before initiating formal proceedings, you agree to contact us at legal@sm-compare.ca to attempt to resolve the dispute informally within 30 days.

Step 2 - Mediation: If informal resolution fails, the parties agree to participate in mediation administered by the ADR Institute of Ontario before a mutually agreed-upon mediator.

Step 3 - Arbitration or Litigation: If mediation is unsuccessful, either party may pursue binding arbitration under the Arbitration Act, 1991 (Ontario) or commence litigation in the courts of Ontario.

Class Action Waiver: To the extent permitted by applicable law, you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

Nothing in this section prevents either party from seeking injunctive or other equitable relief in court for matters related to intellectual property, data security, or unauthorized access.

10. Changes to Terms

SM-Compare reserves the right to modify these Terms at any time. We will notify users of material changes by:

Your continued use of the Platform after the effective date of any changes constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must discontinue use of the Platform.

We encourage you to review these Terms periodically to stay informed of any updates.