Terms of Service

These Terms of Service (“Terms”) form a binding agreement between you (“you,” “your”) and Lynkr Inc., a corporation organized under the laws of Canada and based in Toronto, Ontario (“Lynkr,” “we,” “us,” “our”). By accessing tryworkbench.ca, requesting a demo, submitting any form, or otherwise using anything we provide (together, the “Services”), you agree to these Terms.

If you are using the Services on behalf of a company or other legal entity, you represent that you have authority to bind that entity to these Terms, and “you” refers to both you and that entity.

If you do not agree to these Terms, do not use the Services.

The Services are intended for use by businesses and their personnel. You must be at least the age of majority in your jurisdiction to use the Services, and you must not be barred from receiving services under the laws of Canada, the United States, or any other applicable jurisdiction.

This site is a marketing and information resource for Workbench, our AI crew product for construction back-office work. The site lets you learn about the product, request a demo, submit a scoping request, and contact our team.

Access to the Workbench product itself (the software, crew members, and any associated services) is governed by a separate written agreement executed with your organization (the “Master Agreement”). Nothing on this site grants you a right to use the product without such an agreement. Where the Master Agreement conflicts with these Terms, the Master Agreement controls with respect to the product.

If access to any portion of the Services requires credentials, you are responsible for (a) maintaining the confidentiality of your credentials, (b) all activity that occurs under your account, and (c) promptly notifying us at security@lynkr.ca of any unauthorized use or security incident. We may suspend or disable credentials if we reasonably believe they have been compromised or misused.

When using the Services you agree not to:

• Use the Services in a way that violates applicable law.
• Probe, scan, or test the vulnerability of our systems, or breach or circumvent any security measures.
• Scrape, crawl, or extract data from the Services at a volume or rate that places an unreasonable load on our infrastructure.
• Submit false, misleading, or fraudulent information through our forms.
• Transmit malware, spam, or any content that is unlawful, infringing, defamatory, or harmful.
• Reverse-engineer, decompile, or attempt to derive the source code or models underlying the Services, except to the extent that applicable law expressly permits.
• Use the Services to develop a competing product, or to benchmark for publication, without our prior written consent.
• Use the Services to process data that you do not have the legal right to process.

We may investigate and take appropriate action, including suspending or terminating access, in response to any suspected violation.

“Customer Content” means the data, files, credentials, and materials you or your organization provide to, or make accessible by, the Services. As between you and Lynkr, you retain all right, title, and interest in Customer Content.

You grant Lynkr a non-exclusive, worldwide, royalty-free license to host, copy, transmit, display, and process Customer Content solely as needed to provide, secure, and improve the Services for you, and as otherwise permitted by the Master Agreement. You represent and warrant that you have the rights necessary to grant that license.

The Services may connect to third-party systems you designate (for example, ERP, accounting, payroll, project-management, or messaging platforms) and may take automated actions within those systems on your behalf — including reading, writing, categorizing, routing, and messaging.

You are responsible for (a) ensuring you have authority and licenses to connect each integration, (b) configuring permissions, scopes, and guardrails appropriately, and (c) reviewing the outputs of any automation before relying on them for consequential decisions. You acknowledge that third-party systems are controlled by their providers, may change without notice, and may impose their own terms that apply to your use of them through the Services.

Portions of the Services use machine-learning models to generate text, summaries, categorizations, drafts, messages, and other outputs (“Outputs”). Outputs are probabilistic: they can be incomplete, inaccurate, or inappropriate for a given use case, and may produce similar results for similar inputs from other users.

You are responsible for reviewing Outputs before relying on them, and for any decisions, communications, filings, or actions taken based on them. Outputs do not constitute legal, accounting, tax, engineering, safety, or other professional advice. You must not use the Services to generate content that is unlawful, infringing, deceptive, or harmful, or that impersonates a person or entity without authorization.

We do not use Customer Content to train foundation models offered to other customers, except where expressly permitted by the Master Agreement.

Where the Services offer visibility, logging, or audit settings (for example, who on your team can view an automation's activity, or how long logs are retained), your administrators are responsible for configuring those settings in a way that is appropriate for your organization and consistent with applicable law. Default settings are a starting point, not a recommendation.

The marketing site is provided at no cost. Fees for the Workbench product are set out in an order form or similar document referenced by the Master Agreement. Unless stated otherwise, fees are non-refundable, exclusive of taxes, and payable in the currency stated on the invoice.

The Services, including their text, graphics, logos, layout, code, models, and the Workbench and Lynkr names and marks, are owned by Lynkr or its licensors and are protected by Canadian, United States, and international intellectual property laws. Except for the limited rights expressly granted in these Terms or the Master Agreement, we reserve all right, title, and interest in and to the Services.

We grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to view the marketing site for your personal or internal business use. No other rights are granted — including no right to copy, republish, frame, or build derivative works — without our prior written consent.

If you send us ideas, suggestions, or feedback about the Services, you grant Lynkr a worldwide, royalty-free, perpetual, irrevocable, and sublicensable license to use that feedback for any purpose, including improving our products. You will not be entitled to compensation for feedback, and you are responsible for ensuring you have the right to share whatever you send us.

The Services may reference or interoperate with third-party products and companies — for example Procore, Sage, Acumatica, NetSuite, CMiC, Foundation, Viewpoint Vista, Autodesk Build, and others. Those names and marks belong to their respective owners. Their mention does not imply endorsement of, or by, Lynkr. Use of any third-party product is subject to that provider's own terms.

Each party may receive information that is confidential or proprietary to the other (“Confidential Information”). Each party will use Confidential Information solely to perform under these Terms (or the Master Agreement, as applicable), protect it with at least reasonable care, and not disclose it to third parties other than advisers bound by duties of confidentiality. These obligations do not apply to information that is or becomes public through no fault of the receiving party, was known without restriction prior to disclosure, is independently developed, or is required to be disclosed by law.

Our handling of personal information is described in our Privacy Policy, which is incorporated into these Terms by reference.

These Terms apply for as long as you use the Services. We may suspend or terminate your access at any time, with or without notice, if we reasonably believe you have violated these Terms, created risk or legal exposure for us, or if we discontinue the Services. You may stop using the Services at any time.

Sections that by their nature should survive termination — including Intellectual Property, Feedback, Confidentiality, Disclaimers, No Liability, Indemnity, Governing Law, Dispute Resolution, and the general provisions below — will survive.

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LYNKR AND ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT, ACCURACY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE.

WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED. WE DO NOT WARRANT THAT OUTPUTS WILL BE ACCURATE, COMPLETE, CURRENT, OR SUITABLE FOR ANY PARTICULAR PURPOSE. YOU USE THE SERVICES AT YOUR OWN RISK.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LYNKR AND ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CLAIM, LOSS, COST, OR DAMAGE OF ANY KIND ARISING OUT OF OR RELATED TO THE SERVICES, THESE TERMS, OR ANY OUTPUTS — INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; LOST PROFITS, REVENUE, BUSINESS OPPORTUNITY, GOODWILL, OR ANTICIPATED SAVINGS; LOSS OR CORRUPTION OF DATA; BUSINESS INTERRUPTION; OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES — WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SERVICES AND FOR ANY DECISIONS OR ACTIONS TAKEN ON THE BASIS OF OUTPUTS, INCLUDING BUSINESS, FINANCIAL, OPERATIONAL, LEGAL, AND REGULATORY OUTCOMES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. TO THE EXTENT SUCH A LAW APPLIES TO YOU, THE EXCLUSIONS AND LIMITATIONS ABOVE APPLY TO THE MAXIMUM EXTENT PERMITTED, AND NOTHING IN THESE TERMS IS INTENDED TO EXCLUDE OR LIMIT LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED.

You agree to defend, indemnify, and hold harmless Lynkr and its affiliates, directors, officers, employees, agents, licensors, and service providers from and against any claims, damages, liabilities, losses, and expenses (including reasonable legal fees) arising out of or related to: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of any law or the rights of any third party; (d) Customer Content, including any claim that it infringes or misappropriates intellectual property or privacy rights; and (e) your configuration of integrations or automations, including actions taken by the Services in systems you authorize.

Neither party will be liable for any failure or delay in performance (other than payment obligations) caused by events beyond its reasonable control, including acts of God, war, terrorism, civil unrest, labour conditions, governmental action, epidemics or pandemics, internet or utility outages, denial-of-service attacks, or failures of third-party providers.

The Services may be subject to export-control and sanctions laws of Canada, the United States, and other jurisdictions. You represent that you are not located in, under the control of, or a national or resident of any country or entity subject to applicable embargoes or export restrictions, and that you will not use, export, or re-export the Services in violation of applicable laws.

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-laws rules, and without application of the United Nations Convention on Contracts for the International Sale of Goods. Subject to the Dispute Resolution section below, the courts located in Toronto, Ontario, Canada have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Services, and you consent to the personal jurisdiction of those courts.

Before commencing any formal proceeding, the parties will attempt in good faith to resolve any dispute through written notice and a discussion between senior representatives of each party within thirty (30) days of the notice. Nothing in this section limits either party's right to seek injunctive or equitable relief to protect its intellectual property or confidential information.

You and Lynkr agree that any claim must be brought in your individual capacity, and not as a plaintiff or class member in any class, collective, or representative proceeding, to the maximum extent permitted by applicable law.

You may not assign or transfer these Terms, in whole or in part, without our prior written consent. Any attempted assignment in violation of the foregoing is void. We may assign these Terms at any time, including in connection with a merger, acquisition, reorganization, financing, or sale of assets. These Terms bind and benefit the parties and their permitted successors and assigns.

We may provide notices under these Terms by posting them on the site, emailing the address associated with your account or last communication, or other reasonable means. Notices to us must be sent to legal@lynkr.ca.

We may update these Terms from time to time. When we do, we will update the “Effective” date at the top of this page and, for material changes, provide more prominent notice. Your continued use of the Services after an update constitutes acceptance of the revised Terms.

Entire agreement. These Terms, together with the Privacy Policy and any Master Agreement, constitute the entire agreement between you and Lynkr regarding the Services and supersede any prior or contemporaneous understandings.

Severability. If any provision of these Terms is held unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in full force and effect.

No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.

Relationship. The parties are independent contractors. These Terms do not create any agency, partnership, or joint venture.

Headings. Section headings are for convenience only and have no legal effect.

Language. The parties have requested that these Terms be drawn up in English. Les parties ont demandé que ces Conditions soient rédigées en anglais.

Questions about these Terms can be directed to:

Lynkr Inc.
Attn: Legal
Toronto, Ontario, Canada
legal@lynkr.ca