These Terms of Service (the "Terms") govern access to and use of MAXPAH's website, renovation-planning platform, estimator, reports, pilot features and related services (collectively, the "Service"). By using the Service after these Terms become effective, you agree to these Terms.
MAXPAH INC. operates an online renovation-planning platform designed to help homeowners understand, define and prepare for renovation projects. MAXPAH may provide planning budget ranges, project-scope guidance, renovation reports, educational information and tools that help homeowners prepare before contacting contractors.
MAXPAH is not a construction contractor, architect, engineer, building-code consultant, home inspector or financial adviser through its platform services. MAXPAH does not perform construction work through the estimator itself.
MAXPAH may also help homeowners connect with independent contractors or renovation professionals. Those contractors are independent businesses and are not employees or agents of MAXPAH unless expressly stated otherwise.
MAXPAH provides renovation planning budgets and estimated price ranges to help homeowners understand what they may reasonably need to budget for a project.
A MAXPAH Planning Budget is not a contractor quotation, construction contract, guaranteed price, appraisal or offer to perform construction work.
MAXPAH's estimates are based on the project information provided by the homeowner, MAXPAH's pricing data and methodology, and the assumptions shown in the project results or report.
Actual project costs may differ because of site conditions, measurements, concealed conditions, permit or engineering requirements, material selections, changes in scope, regional conditions, contractor availability or other factors that cannot be fully determined through an online planning process.
Before construction begins, the homeowner should receive a final scope and price directly from the contractor after the contractor has reviewed the project and, where appropriate, inspected the property.
Where MAXPAH later displays a Contractor Accepted Range, that range still does not become a final construction quote until the contractor completes any required site verification and issues or accepts the final project agreement.
MAXPAH's planning results depend on the information provided by the homeowner, including project scope, measurements, selections, property information, answers, notes and, where available, photographs.
The homeowner is responsible for providing information that is reasonably accurate and complete. Incorrect, incomplete or estimated information may affect the planning budget and project report.
MAXPAH may use photographs, measurements or other project information to help identify visible project characteristics or estimate certain quantities. These tools are intended to assist with planning and should not be treated as professional measurements, inspections or verification of concealed conditions.
MAXPAH cannot identify every condition that may exist behind walls, ceilings, floors, cabinetry or other finished surfaces. Conditions such as structural issues, plumbing or electrical deficiencies, water damage, mould, asbestos, inadequate framing, subfloor damage, code deficiencies or other concealed conditions may affect the final scope and cost.
Material conditions discovered during a contractor's site inspection or during construction may require changes to the scope, price, schedule, permits or professional services.
MAXPAH may provide tools that allow homeowners to request connections with independent contractors or renovation professionals.
Contractors made available through MAXPAH are independent businesses. Unless MAXPAH expressly states otherwise in writing, they are not employees, partners, representatives or agents of MAXPAH.
A contractor is responsible for conducting any necessary site inspection, confirming measurements and project conditions, determining permit or professional requirements, defining the final scope of work, and providing the homeowner with their final quotation or construction agreement.
MAXPAH does not perform or supervise a contractor's construction work and does not guarantee a contractor's workmanship, schedule, availability, final price or performance.
MAXPAH does not guarantee that any contractor made available through the Service is suitable for your project, will perform work to your satisfaction, or will complete work on time or within the agreed budget. Homeowners are responsible for conducting their own due diligence before hiring any contractor, including verifying licenses, insurance, references and any other qualifications they consider important.
MAXPAH may establish contractor eligibility, screening, verification or participation requirements. Any verification or screening conducted by MAXPAH will be limited to the specific criteria expressly identified by MAXPAH and does not constitute a guarantee of the contractor's fitness, quality or performance.
Homeowners remain responsible for reviewing a contractor's final proposal and contract and deciding whether to hire that contractor.
MAXPAH may provide general planning information about permits, building codes, inspections, engineering, architectural drawings or other professional requirements that may commonly apply to a renovation project.
This information is provided for renovation-planning purposes only. MAXPAH does not replace a municipality, building official, architect, engineer, electrician, plumber, inspector or other qualified professional.
Permit and code requirements can vary depending on the municipality, property, project scope and conditions discovered during inspection or construction.
Unless expressly stated otherwise, a MAXPAH Planning Budget does not guarantee that permit fees, drawings, engineering, inspections or other professional services are included.
Before construction begins, the homeowner and contractor are responsible for determining which permits, approvals, inspections and professional services are required for the actual project.
MAXPAH may make certain features available as part of a free pilot or testing program. During the pilot, MAXPAH may collect feedback, evaluate results and improve its renovation-planning tools, pricing methodology, reports and user experience.
Features, calculations, pricing data, project categories and functionality may be corrected, updated, added or removed as MAXPAH improves the Service.
MAXPAH does not guarantee that the platform will always be available, uninterrupted or error-free. If MAXPAH identifies an error that materially affects a planning result, it may correct or update that result.
Participation in a free pilot does not guarantee continued free access to MAXPAH or any future paid service, feature or contractor program.
MAXPAH and its website, software, estimator structure, renovation-planning methodology, pricing models, project questions, calculations, reports, designs, text, graphics, logos and other platform content are owned by MAXPAH INC. or used under appropriate licence and are protected by applicable intellectual-property laws.
Homeowners may use their MAXPAH project results and Contractor-Ready Reports for their own renovation project, including sharing them with contractors for the purpose of obtaining quotations and planning the project.
Using MAXPAH does not transfer ownership of MAXPAH's underlying software, pricing methodology, database, calculation logic or other intellectual property to the user.
Users may not systematically copy, scrape, extract, reproduce, reverse engineer, republish, sell or commercially exploit MAXPAH's platform, pricing database, estimator logic or content without written permission from MAXPAH INC.
Information that a homeowner submits about their own property and renovation project remains their information, subject to the rights reasonably necessary for MAXPAH to operate the Service as described in these Terms and the Privacy Policy.
Users may use MAXPAH for legitimate renovation planning and related purposes.
Users must not:
MAXPAH may restrict or suspend access where it reasonably believes the Service is being misused, compromised or used in violation of these Terms.
MAXPAH collects, uses, stores and discloses personal information in accordance with its Privacy Policy.
By using MAXPAH, users acknowledge that they have reviewed the Privacy Policy and understand how personal information is handled in connection with the Service.
Where separate consent or authorization is required—for example, sharing a homeowner's project and contact information with a contractor—MAXPAH will request that authorization separately.
The current Privacy Policy is available at MAXPAH.com/privacy.
MAXPAH provides renovation-planning tools, information and estimated budget ranges to assist homeowners with planning and preparing for renovation projects.
To the extent permitted by applicable law, MAXPAH does not guarantee that planning budgets, price ranges, calculations, reports or other information will exactly match the final cost, scope or outcome of a renovation project.
MAXPAH is not responsible for differences resulting from inaccurate or incomplete information provided by a user, concealed or unknown property conditions, contractor pricing decisions, changes in material or labour costs, permit or engineering requirements, changes in project scope, or conditions discovered during site inspection or construction.
MAXPAH is not responsible for the acts, omissions, workmanship, delays, disputes or contractual obligations of independent contractors or other third-party professionals.
To the extent permitted by applicable law, MAXPAH will not be liable for indirect, incidental, special or consequential losses arising from use of the Service.
To the extent permitted by applicable law, MAXPAH's total aggregate liability arising from or related to these Terms or the Service is limited to the greater of (a) $100 CAD, or (b) the total fees paid by you to MAXPAH in the twelve months preceding the claim. Because the Service is currently offered free of charge during the pilot, this amount will be $100 CAD unless otherwise agreed in writing.
Nothing in these Terms excludes or limits any right or remedy that cannot legally be excluded or limited under applicable Canadian or Ontario law.
Users may stop using MAXPAH at any time and, where account functionality is available, may request closure of their account in accordance with MAXPAH's Privacy Policy and applicable law.
MAXPAH may suspend, restrict or terminate access to the Service where it reasonably believes a user has violated these Terms, misused the platform, attempted unauthorized access, engaged in fraudulent activity, threatened the security or operation of the Service, or used MAXPAH in a manner that could cause harm to MAXPAH or others.
MAXPAH may also discontinue or materially change a pilot feature or service. Where reasonably practical, MAXPAH will provide notice of significant changes affecting existing users.
Termination or account closure does not automatically require MAXPAH to delete information that must reasonably be retained for legal, security, dispute-resolution or regulatory purposes. Personal-information retention and deletion will be handled according to the Privacy Policy and applicable law.
These Terms and the use of MAXPAH are governed by the laws of the Province of Ontario and the applicable federal laws of Canada.
If a dispute arises relating to MAXPAH or these Terms, the user and MAXPAH should first make reasonable efforts to resolve the matter directly and in good faith.
If the dispute cannot be resolved informally, it may be brought before the courts or other appropriate dispute-resolution process having jurisdiction in Ontario, subject to any rights or remedies that cannot legally be limited under applicable consumer-protection or other laws.
If you are using MAXPAH as a consumer under the Consumer Protection Act, 2002 (Ontario), nothing in these Terms limits any rights you may have under that Act or other applicable consumer-protection legislation that cannot be waived or limited by agreement.
MAXPAH may update these Terms from time to time as the Service, features, business model or legal requirements change.
The updated Terms will be posted on the MAXPAH website with a revised effective date.
Where a change is material and reasonably affects existing users' rights or use of the Service, MAXPAH may provide additional notice where appropriate.
Continued use of MAXPAH after updated Terms become effective constitutes acceptance of the updated Terms, subject to any consent or notice requirements imposed by applicable law.
Questions about these Terms or MAXPAH's services may be directed to:
MAXPAH INC.
16 Longfellow Court
Whitby, Ontario L1N 6V7
Canada
Website: MAXPAH.com
Email: info@maxpah.com
These Terms, together with the Privacy Policy and any additional terms expressly presented for a particular MAXPAH service or pilot, form the agreement governing use of the Service.
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue to apply to the extent permitted by law.
If MAXPAH does not immediately enforce a provision of these Terms, that does not mean MAXPAH has waived its right to enforce it later.
These Terms become effective on the date shown at the top of the published Terms. By using the MAXPAH free pilot after these Terms become effective, the user agrees to these Terms.