PLEASE READ THIS END USER LICENSE AGREEMENT (THE “EULA”) CAREFULLY BEFORE  DOWNLOADING THE CORFIX MOBILE APPLICATION (THE “APP”).

This EULA is between you and Corfix Inc. d/b/a Corfix (“Corfix”) and governs your use of the hosted software solution known as Corfix (the “Service”). 

Do not install and use the App unless your employer has a valid subscription agreement with Corfix to use the Service.

This EULA is between you and Corfix and you acknowledge and agree that the third party mobile device platform or service provider (the “App Platform Provider”) is not a party to this EULA.

Privacy: Corfix collects and stores information that you submit to the App, as well as information about your use of the App (the “User Data”). Corfix will store and use the User Data only to fulfill the purpose of the App, which is to provide users with a time and attendance module, scheduling module, to access jobsite information, as well as to complete electronic documents using a mobile device. From time to time, the App may allow your employer to utilize Global Positioning System (“GPS”) monitoring and reporting capabilities generated by or in connection with your use of the App, as well as photo identification features to verify your attendance. If your employer has enabled GPS functionality or photo identification, any consent to the collection and processing of data and liability as it relates to the monitoring and tracking of employees is between you and your employer, not Corfix. You may turn off your location services generally to opt out of such monitoring but should inform your employer if you do so. Photos are automatically stored with your time record and can be reviewed by your employer to ensure the right person logged in for the job but at no time is any facial recognition or artificial intelligence software used or attributed to the collection or use of any photos.

Cookies: Corfix may use cookies and similar technology to collect information about you and your use of the App. Corfix uses this information to enable your use of the App and the Service by your employer to improve the App and the Service and to customize your experience in using the App. Corfix may disclose any of your information to third parties if it believes in good faith that such release is reasonably necessary to ensure adherence to or to enforce this EULA, satisfy any laws or regulations, respond to any allegation of illegal conduct or claimed violation of third party rights, or protect itself or others.  

Use: You may only use the App on devices that are permitted by the App Platform Provider Terms of Service.

Proprietary Rights: The App and any and all related materials, including, without limitation, text, graphics, content, video and audio are the property of Corfix and its licensors and are protected under the copyright laws of Canada and other jurisdictions. None of the content related to the App may be copied, reproduced, republished, distributed, displayed, sold, transferred or modified without the express written consent of Corfix and other related trademarks design marks and logos displayed in the App are the registered and common law trademarks of Corfix. Other trademarks appearing in the App are the trademarks of their respective owners. Nothing contained in this EULA is to be construed as granting, by implication or otherwise, any license or right to use any trade-marks appearing in the App, except with the express written approval of Corfix or such other party that may own the applicable trademark.

Restrictions: You may not copy or modify the App. You may not distribute, share through any network, transfer, transmit, rent or sell the App or any part of it to any other person and you may not change, alter, modify or create enhancements or add-ons to the App, or any part of it; (a) you may not decompile, reverse engineer or disassemble the App, or any part of it; and (b) you shall at all times comply with, and shall not circumvent or attempt to circumvent, any of the restrictions on the use of the App set forth in this EULA. 

Objectionable Content: Content may not be submitted to the App to the extent such content includes any Objectionable Content. “Objectionable Content” includes, but is not limited to: (i) sexually explicit materials; (ii) obscene, defamatory, libelous, slanderous, violent and/or unlawful content or profanity; and (iii) content that infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right, or that is deceptive or fraudulent.

Telecommunications Services: You acknowledge that the use of the App requires a cellular telecommunication service. You are responsible for any applicable data plan fees or other subscription charges or fees of any kind whatsoever that your telecommunications services provider may charge you to access the App, including fees for network access and roaming.  

Maintenance and Support: Corfix provides minimal support and maintenance for the App on a commercially reasonable effort basis only. You acknowledge that the App Platform Provider is not obligated to provide any support or maintenance for the App.

Automatic Updates and Upgrades: The App is available on both iOS, Android and available on the web. By downloading or installing the App, you consent to the installation of the App, further described above, from the App Platform Provider online stores, and to its future updates and upgrades. You can withdraw your consent at any time by uninstalling the App. To request removal or disabling of this App, please contact Corfix at info@corfix.com. YOU ACKNOWLEDGE AND UNDERSTAND AND AGREE that the App (including any updates or upgrades) may (i) cause your device to automatically communicate with the Corfix servers to deliver the functionality described above and to record usage metrics, (ii) affect app-related preferences or data stored in your device, and (iii) collect personal information as set out in our Privacy Policy.

Termination: This EULA is effective until terminated by you or Corfix. Corfix may also wish to stop providing the App to you for any or no reason and may terminate your use of it at any time without giving notice of termination to you. Unless Corfix advises you otherwise, upon termination (a) the rights and license under this EULA will end, and (b) you must stop using the App and delete it from your device.

Disclaimer of Warranties: CORFIX PROVIDES THE APP ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, Corfix MAKES NO WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE APP, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CORFIX DOES NOT REPRESENT OR WARRANT THAT YOUR USE OF THE APP WILL BE UNINTERRUPTED OR ERROR FREE, SECURE OR THAT ANY DEFECTS OR ERRORS IN THE APP WILL BE CORRECTED.

Limitation of Liability: IN NO EVENT IS CORFIX LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL LOSSES OR DAMAGES ARISING OUT OF YOUR USE OR INABILITY TO USE THE APP. IN ANY EVENT CORFIX ’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) SHALL NOT EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00).

Indemnity: To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Corfix, its affiliates, and their respective directors, officers, employees, agents, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to your breach of this EULA, including, but not limited to, your user content, third party sites, any use of the App, its content, services, and products other than as expressly authorized in this EULA and any third party liability related to you uploading your data.

Product Claims: Corfix, not the App Platform Provider, is responsible for addressing any claims by you relating to the App or use of it, including, but not limited to: (i) any product liability claim; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation.

Third Party Intellectual Property Claims:  Corfix shall not be obligated to indemnify or defend you with respect to any third party claim arising out or relating to the App. To the extent that Corfix is required to provide indemnification by applicable law, Corfix, not the App Platform Provider, shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the App or your use of it infringes any third party intellectual property right.

Amendments: This EULA is subject to change by Corfix at any time. Upon any change to this EULA Corfix will publish the amended EULA within the App and such changes shall be effective immediately upon posting. You acknowledge that using the App following such posting shall constitute your affirmative acknowledgement of this EULA, the modification, and agreement to abide and be bound by this EULA, as amended. If at any time you choose not to accept this EULA, including following any such modifications hereto, then please do not use the App and uninstall it from your mobile device.

English Language: The parties confirm that it is their wish that this EULA and any other documents delivered or given under this EULA, including notices, have been and will be in the English language only. Les parties aux présents confirment leur volonté que cette convention de même tous les documents, y compris tous avis, s’y rattachant, soient rédigés en anglais seulement.

Jurisdiction: The laws of the province of Ontario and Canada shall govern. You hereby consent and submit to the exclusive jurisdiction of the courts located in the City of Ottawa, in the Province of Ontario in all disputes arising out of or relating to this EULA or the use of the App.

Contact Information: Questions regarding the App may be submitted to Corfix at info@corfix.com. 

Last updated: April 2024