Terms of Use

Effective Date: June 2, 2017

Welcome to Tread! These terms of use (the “Terms”) describe the terms and conditions for Tread, Inc.’s (“Tread”, “we”, “ us”, or “our”) mobile application (the “App”). These Terms apply to your use of the App and the services it offers, and incorporates our Privacy Policy which explains how we handle your information. You can access our Privacy Policy here.

Please read these Terms carefully. By registering for a Tread account or otherwise using our App and services, you acknowledge that you are at least the age of majority in the province or territory where you live and that you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms or our Privacy Policy, do not use this App.

Our App also offers our users invoicing factoring services; these services may be provided through another company (“Factoring Provider”). If you choose to use this invoice factoring service, you will enter into a separate agreement with the Factoring Provider that has terms and conditions governing your invoice factoring relationship. Tread only offers our App’s platform as a way to simplify your invoice factoring and we are not a party to the agreement between you and the Factoring Provider. These Terms do not govern your relationship with the Factoring Provider. Please see “What can I do on the App” for more details on the invoice factoring services available through our App with the Factoring Provider.

Who can use the App?

The App is not intended for use by individuals under the age of majority in his/her province or territory of residence (a “Minor”), unless a Minor has obtained prior consent by a parent or guardian to use the App. Use of our App by a Minor without such consent is strictly prohibited. We specifically disclaims any and all responsibility or obligation to monitor or verify the age or legal status of any user and Tread will have no liability resulting from any use of our App by any Minor.

What can I do on the App?

After you download the Tread App, you can register and create a Tread account for a variety of your invoicing needs.

In order to use our App, you must register and create a Tread account. In order to create your account you will need to first provide your mobile phone number so we can send you a verification code and link the App to your mobile phone. Creating an account involves the collection of your information. For more details on the types of information we collect, including your personal information, please see our Privacy Policy.

Creating a comprehensive record of jobs

Once you’ve created an account, our App allows you to create new records for each job. The job record will allow you to log your trip using our device location tracker – you simply have to click “Start Logging” when you begin your job and “Done Logging” when you have completed the job. There is also an option to assist you with directions in case you require them.

After you have completed logging your job, you can upload the invoice a photo of the issued to your customer as well as the details (invoice total, rate charged, customer details, notes about the job). The job will then be logged under the “Receipts” tab. You will also have the option to forward the invoice to your customer through our App.

Once your invoice is paid, you can track this in your record under “Receipts”. Alternately, you can get paid within 24 hours if you sign up for invoice factoring.

Invoice Factoring

Using the Tread App simplifies the process of factoring your invoices, allowing you the option to get paid within 24 hours direct to your account (if you have provided direct deposit details) once you sign up with the Factoring Provider. You can also sign up for invoice factoring at any time each time you create a job record.

If you opt to factor your invoices, we will collect additional information from you, such as: the company you work for (e.g. CRA number, incorporation documents, percentage of company ownership), details about the equipment you use (including driver’s license, insurance details, etc.), and direct deposit details so the Factoring Provider can send you the money.

As noted above, you will enter into a separate agreement with the Factoring Provider for invoice factoring. When you sign up for invoice factoring, a separate contract for your invoice factoring services will appear for your review and electronic sign off.

Qualifying or being approved for invoice factoring by the Factoring Provider is not guaranteed. After you submit your application, the Factoring Provider will need to review your information you have submitted and let you know if you are approved. Once you are approved, going forward you will be able to factor the invoices you select.

Mobile Charges and Other Charges

You are responsible for all mobile, cable or other internet service provider charges incurred by you for connecting to the App and using the services. Tread assumes no responsibility or liability for any such charges, including, but not limited to, data charges and/or equipment or line costs, incurred by you while accessing the App and services. Any dispute or problem regarding telephone or internet provider services are strictly between you and your service provider. You may receive text messages in connection with your use of our App. Standard text messaging and data usage rates may apply. You are responsible for all charges incurred by you for text you receive and we assumes no responsibility or liability for any such charges.

What can I not do on the App?

We have established the following rules of use for our App. You agree you will not:

Engaging in prohibited conduct may subject you to civil liability and criminal prosecution under applicable laws and constitutes a breach of these Terms.

Who owns the Content on the App?

Other than the information that you submit to the App (which you retain ownership of), the Content on the App is owned by us or our licensors.

You retain ownership of all the information you submit or upload to our App, including your personal information and account details.

Except for public domain material and the information you submit to the App (including your personal information such as a photo of your driver’s license), all content and material on and/or forming part of our App from time-to-time, including all text, information, links, graphics, audio, video, animation, logos, trademarks service marks and trade names, and the design and arrangement thereof, and all source code and software (collectively referred to as the “Content”), are protected by copyright, trademark and other laws, and are owned or controlled by Tread or its licensors. All rights not expressly granted to you in these Terms are reserved. You agree that any copy of the Content, or any part thereof, which you make shall be solely for your private, non-commercial use or for such other use as may be authorized in writing in advance by us, and shall retain all copyright and other proprietary notices in the same form and manner as on the original.

Except for your use as authorized in these Terms, you may not, directly or indirectly, adapt, republish, display, upload, post, transmit, broadcast, communicate to the public (including by telecommunication), sub-license, sell, reverse engineer, decompile or disassemble, merge with other data, frame in or post on another website, create derivative works from, translate, modify, reproduce, perform, distribute, transfer or otherwise use the Content, or individual sections of the Content, or authorize anyone to do any of the foregoing acts, without our express prior written permission.

Trademarks

The trademarks, service marks or logos displayed on this website (collectively, the “Marks”) are registered and unregistered trademarks of Tread or of our licensors. Nothing in these Terms should be construed and granting any license to use any Marks without our express permission or permission from the applicable trademark owner. Unauthorized use of any Marks are prohibited, and may be a violation of federal and international trademark laws. You acknowledge that you do not acquire any ownership rights by using our App.

Can I submit Feedback to Tread?

We at Tread would love to hear from you, and welcome any feedback, comments and suggestions you may have to improve our App and the services it offers (“Feedback”). You can submit Feedback by emailing us at support@tread.io.

When you submit your Feedback, you grant us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license (under any and all intellectual property rights that you own or control) to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.

I want to delete my Tread account

You may delete your account by emailing us at support@tread.io.

In the event of your default under these Terms, we reserve the right to terminate or suspend your account or use of the Appat any time. In such event, Tread shall not be required to provide you a refund or other compensation.

Upon termination, discontinuation or cancellation of our App or your account, all provisions of these Terms which should survive will survive, including, without limitation: content rights and ownership provisions, warranty and disclaimers, indemnity, limitations of liability, and governing law provisions.

Legal Terms

Limitation of Liability & Disclaimers

THE APP, THE CONTENT AND THE SERVICES AVAILABLE THROUGH THE APP ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER LAW, TREAD DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, AND IMPLIED WARRANTIES AND CONDITIONS ARISING FROM THE COURSE OF DEALING OR COURSE OF PERFORMANCE. TREAD DOES NOT WARRANT THAT THE APP, OR ANY SERVICES AVAILABLE THROUGH THE APP WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APP OR THE SERVER THAT MAKES THE APP AND SERVICES AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TREAD DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR CORRECTNESS, TIMELINESS, OR USEFULNESS OF ANY OPINIONS, ADVICE, SERVICES, MERCHANDISE OR OTHER INFORMATION PROVIDED THROUGH THE APP OR ON THE INTERNET GENERALLY. IN NO EVENT WILL TREAD BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU OR ANYONE ELSE IN RELIANCE UPON THE INFORMATION PROVIDED THROUGH THE APP.

You agree that Tread and its subsidiaries, affiliates, directors, officers, employees, representatives, licensors and licensees shall not be liable to you for any damages of any kind arising from your use of the App, the services, or any linked websites or your reliance on any Content. You agree that this limitation of liability is comprehensive and applies to all damages of any kind, including, but not limited to, direct, indirect, special, incidental, consequential or punitive damages. In no event shall Tread’s total liability to you for all damages, losses, and causes of action, whether in contract, tort (including but not limited to negligence) or otherwise, exceed the amount paid by you to access and/or use the App.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain warranties and/or liabilities. Accordingly, some of the above limitations or exclusions may not apply to you.

Indemnity

You agree to indemnify, defend and hold Tread and its respective directors, officers, agents, partners, employees, representatives, licensors and licensees harmless from any damages, loss, liability, costs and expenses (including reasonable attorneys' fees), incurred in connection with any third party claim, or demand due to or arising out of your access or use of the App, and/or breach of these Terms or your violation of any law or the rights of such third party.

Governing Law

These Terms and your use of our App shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. Any dispute arising under these Terms shall be resolved exclusively by the courts located in the City of Toronto in the Province of Ontario.

If any provision of these Terms is deemed unlawful by a court of law, then the impugned provision shall be deemed severed and shall not affect the validity and enforceability of any remaining provisions. These Terms constitute the entire agreement between you and Tread in connection with your use of our App.

We reserves the right to seek all remedies available at law and in equity for violations of these Terms, including without limitation the right to block access from a particular mobile device.

These Terms only apply to our App

Like many other mobile applications, our App contains links to other third party websites, which are not governed by these Terms. These links are provided for your convenience only. Please be aware that these third party websites are governed by separate terms of use and privacy policies. We encourage you to be aware when you click these links and leave our site. Your use of these third party links is at your own risk.

Additional Terms for App Store

If you downloaded the Tread App from the Apple AppStore, additional terms apply to you and your use of the App.

  1. Acknowledgement: You acknowledge that these Terms are between You and Tread only, and not with Apple.
  2. Scope of License: The license granted to the you for the use of the Tread App is a non-transferable license to use the App on any iPhone or iPod touch that the you own or control.
  3. Maintenance and Support: You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Tread App.
  4. Warranty: In the event of any failure of the App to conform to the warranty in these Terms, you may notify Apple, and Apple will refund the purchase price for the App to you; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to the warranty in these Terms.
  5. Product Claims: You acknowledge that Tread, not Apple, is responsible for addressing any claims made by you relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
  6. Intellectual Property Rights: You acknowledge that, in the event of any third party claim that your possession and use of that Licensed Application infringes that third party’s intellectual property rights, Tread, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
  7. Legal Compliance: You represent and warrant that (i) you is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you is not listed on any U.S. Government list of prohibited or restricted parties.
  8. Third Party Beneficiary: You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and that, upon the you acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.

Updates to these Terms

We reserve the right to change, modify or amend these Terms, or add or remove portions of our App from time to time. Your continued use of the App following such changes means you agree to be bound by the updated Terms. We will post the current version of these Terms on this page. You can always access the current version of the Terms under the “Settings” tab in our App. Please check back often to see any changes or updates to the Terms.

I have questions about the App

If you have any questions, concerns, or suggestions regarding these Terms, please contact us by emailing us at support@tread.io or mailing us at:

100-862 Richmond St W
Toronto, Ontario M6J 1C9