Last updated: July 24, 2026
These Terms of Service ("Terms") constitute a binding agreement between you ("Customer," "you," or "your") and Upflexity Technologies Inc. ("Upflexity," "we," "us," or "our"), an Ontario corporation, governing your access to and use of Upflexity's websites, platform, software, tools, and related services (collectively, the "Services"). By registering for an account, accessing the Services, or clicking to accept these Terms, you agree to be bound by them. If you do not agree, do not use the Services.
The Services are intended for use by businesses and professionals in construction, manufacturing, estimation, and related industries. By using the Services, you represent that you are of legal age to enter into a binding agreement and have the authority to bind the organization on whose behalf you are acting. The Services are not directed toward consumers or children.
Access to the Services requires an approved account. Accounts are created by Upflexity following review and approval of a customer request. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.
You agree to notify Upflexity immediately at hello@upflexity.com if you become aware of any unauthorized access to or use of your account. Upflexity is not liable for any loss or damage arising from your failure to maintain account security.
Upflexity provides AI-powered document processing, workflow automation, and operational intelligence tools for construction and manufacturing workflows. The specific tools available to you depend on your approved subscription plan. Upflexity reserves the right to modify, update, or discontinue features of the Services with reasonable notice to customers.
Upflexity is an assistive technology platform. Upflexity does not provide engineering, architectural, structural, quantity surveying, professional estimating, construction management, project management, or any other regulated or professional services.
Nothing in the Services or any Output constitutes professional advice of any kind. The Services are tools to assist qualified professionals in their own review and decision-making workflows. No engineer-client, architect-client, quantity surveyor-client, or other professional relationship is created by your use of the Services.
The Services are provided on a subscription basis. Each subscription plan includes a monthly token allowance. Tokens are the unit of usage on the Upflexity platform and are consumed when you run a job. Token costs vary by product type as disclosed on the platform. Subscription fees, token allowances, and applicable usage limits are those displayed at the time of purchase or specified in the applicable order confirmation.
Unused tokens do not carry over to the next billing cycle. Upflexity reserves the right to modify plan pricing or token allocations with at least 30 days' written notice to existing customers.
Where offered, new customers may receive a free trial period on a selected plan. During the trial period, no charge is made. At the end of the trial period, your payment method will be charged automatically unless you cancel before the trial ends. Upflexity reserves the right to limit, modify, or discontinue trial offerings at any time.
Subscription fees are billed monthly in Canadian dollars. By providing a payment method, you authorize Upflexity to charge your payment method on a recurring monthly basis until you cancel. Payment processing is handled by Stripe. You agree to Stripe's terms of service in connection with payment processing.
If payment fails, Upflexity may suspend or restrict access to the Services until payment is resolved. You are responsible for maintaining accurate billing information. All fees are exclusive of applicable taxes. You are responsible for any applicable taxes in your jurisdiction.
Fees are non-refundable except where required by applicable law or expressly stated in these Terms.
You may cancel or downgrade your subscription at any time through the billing page in your account. Cancellation or downgrade takes effect at the end of the current billing cycle. You will retain access to the Services until the end of the paid period. No partial-month refunds are provided unless required by law.
You agree to use the Services only for lawful purposes and in accordance with these Terms. You agree not to:
Upflexity reserves the right to suspend or terminate accounts that violate these provisions.
You retain ownership of all documents, drawings, data, and other content you upload to the Services ("Customer Content"). By uploading Customer Content, you grant Upflexity a limited, non-exclusive license to process it solely as necessary to provide the requested Services.
Upflexity does not claim ownership of Customer Content and does not use Customer Content to train AI models without your separate express consent. Customer Content is deleted within 30 days of completion of the requested processing, in accordance with our Privacy Policy. You are responsible for ensuring you have the right to upload all Customer Content and that it does not violate third-party rights or applicable law.
The Services use artificial intelligence to generate analysis, data extraction, element detection, quantity estimates, and other output ("Output"). Output is generated by automated AI processing and is provided solely as a preliminary assistive result to support your team's own independent review.
Without limiting the generality of the foregoing, Output may contain errors, omissions, or inaccuracies including but not limited to:
Upflexity does not guarantee the accuracy, completeness, or fitness for any particular purpose of Output. Output must be independently reviewed and verified by a qualified person before being used for any purpose, including bidding, estimating, material procurement, manufacturing, fabrication, engineering, or project decision-making.
The Upflexity platform is designed around a human-in-the-loop workflow: the AI performs the initial detection, analysis, or extraction, and a qualified human reviewer verifies, corrects, and approves the result before it is relied upon.
You are solely and entirely responsible for reviewing and verifying all Output before relying on it for any purpose whatsoever. This obligation cannot be waived, transferred, or delegated to Upflexity.
The customer's authorized and qualified personnel — including but not limited to estimators, engineers, project managers, and procurement professionals — remain solely responsible for the final accuracy of all estimates, quantities, material orders, bids, fabrication specifications, manufacturing instructions, and project decisions, regardless of whether Output was used as an input to those decisions.
All software, algorithms, platform components, documentation, trademarks, and other intellectual property comprising the Services are owned by Upflexity or its licensors. These Terms do not grant you any right, title, or interest in Upflexity's intellectual property other than the limited right to use the Services as set out in these Terms.
Each party agrees to keep confidential any non-public information of the other party that is reasonably understood to be confidential, and to use such information only to fulfill obligations or exercise rights under these Terms. This obligation does not apply to information that is or becomes publicly available through no breach of these Terms, is independently developed, or is required to be disclosed by law.
Upflexity warrants that it will provide the Services with reasonable care and skill and in accordance with these Terms.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND ALL OUTPUT ARE PROVIDED "AS IS" AND "AS AVAILABLE." UPFLEXITY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. UPFLEXITY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT OUTPUT WILL BE ACCURATE, COMPLETE, OR SUITABLE FOR ANY PURPOSE, OR THAT THE SERVICES WILL MEET YOUR SPECIFIC BUSINESS REQUIREMENTS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UPFLEXITY'S TOTAL CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE FEES PAID BY YOU TO UPFLEXITY IN THE THREE MONTHS IMMEDIATELY PRECEDING THE CLAIM.
IN NO EVENT SHALL UPFLEXITY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY OF THE FOLLOWING WHETHER DIRECT OR INDIRECT:
THESE EXCLUSIONS APPLY EVEN IF UPFLEXITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
You agree to indemnify, defend, and hold harmless Upflexity and its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to: (a) your use of the Services or Output; (b) your Customer Content; (c) your failure to independently verify Output before relying on it; (d) your violation of these Terms; or (e) your violation of any third-party rights or applicable law.
Upflexity may suspend or terminate your access to the Services immediately if you violate these Terms, engage in fraudulent activity, fail to pay fees when due, or if required by law. Upflexity may also terminate the Services for any reason with 30 days' written notice.
Upon termination, your right to use the Services ceases immediately. Sections that by their nature should survive termination — including payment obligations, intellectual property, disclaimers, limitation of liability, indemnification, and governing law — will survive.
Upflexity's collection, use, and disclosure of personal information in connection with the Services is governed by our Privacy Policy, which is incorporated by reference into these Terms.
Upflexity may update these Terms from time to time. Material changes will be notified to customers by email at least 30 days before taking effect. Your continued use of the Services after the effective date of updated Terms constitutes acceptance of the changes. If you do not agree to updated Terms, you may cancel your subscription before the effective date.
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 out of or relating to these Terms or the Services shall be resolved by the courts of Ontario, and the parties irrevocably attorn to the exclusive jurisdiction of those courts.
Entire Agreement. These Terms, together with the Privacy Policy and any applicable order confirmations or enterprise agreements, constitute the entire agreement between you and Upflexity with respect to the Services and supersede all prior agreements.
Severability. If any provision of these Terms is found to be unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force.
Waiver. Failure to enforce any provision of these Terms does not constitute a waiver of that provision.
Assignment. You may not assign your rights or obligations under these Terms without Upflexity's prior written consent. Upflexity may assign these Terms in connection with a merger, acquisition, or sale of assets.
For questions about these Terms:
Upflexity Technologies Inc.
Ontario, Canada
Email: hello@upflexity.com