Terms of Service

1. Acceptance of terms

By accessing or using the Kymark platform at limosoftware.com or kymark.app (the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use the Service. If you accept these Terms on behalf of a company, you confirm you have authority to bind that company.

2. Description of the Service

Kymark provides a cloud-based reservation, dispatch, fleet, driver and billing platform built for limousine, black car, chauffeur, shuttle and ground transportation companies ("Operators"). The Service includes trip and quote management, dispatch tools, a driver app, customer management, pricing and rate tools, invoicing and payments, reporting, AI assistance features, and related functionality that we may add or change over time.

3. Account registration

To use the Service you must register an account and provide accurate, complete information. You are responsible for keeping your credentials confidential and for all activity that occurs under your account, including activity by users you invite. Notify us immediately at support@limosoftware.com if you suspect unauthorized use.

4. Plans, subscriptions and billing

Plans, features and prices are described on our pricing page. Paid plans renew automatically on the billing cycle you select until cancelled. You authorize us and our payment processor to charge your payment method for all fees, applicable taxes, and any usage-based charges (such as SMS or messaging overages) associated with your plan.

Fees are non-refundable except where required by applicable law. Failure to pay may result in suspension or termination of access. We may change prices for future billing periods with reasonable advance notice.

GNet users discount. If you sign up for a free trial account before the stated deadline, the discount stays attached to your account for as long as your subscription remains active and in good standing, and applies to the plan you are on. Plan contents and list prices may evolve over time; the discount continues to apply to your plan. The discount does not stack with other promotional offers and is void on accounts cancelled for non-payment.

Free trial. Trials are provided as-is. We may modify or discontinue trial offerings at any time.

5. Acceptable use

You agree not to:

• Use the Service for any unlawful purpose or in violation of applicable laws or regulations;
• Attempt to gain unauthorized access to the Service, other customers' data, or related systems;
• Interfere with, overload, or disrupt the Service or the infrastructure it runs on;
• Reverse engineer, decompile, or disassemble any part of the Service;
• Transmit malicious code, viruses, spam, or unlawful, harassing or infringing content;
• Send messaging (SMS or email) that violates anti-spam, consent or telecom rules in your jurisdiction;
• Resell, sublicense, or redistribute the Service without our written authorization;
• Use automated means to scrape or extract data from the Service beyond documented APIs.

6. Your data and privacy

You retain ownership of all data you or your users enter into the Service ("Your Data"). We do not claim ownership of Your Data. You grant us a limited licence to host, process and transmit Your Data solely to provide, secure and support the Service. Our handling of personal information is described in our Privacy Policy.

You are responsible for the accuracy and legality of Your Data and for having the necessary rights and consents to collect and process the passenger, driver and customer information you place in the Service.

7. Intellectual property

The Service — including its software, design, features, documentation, brand and trademarks — is the property of Kymark Innovations Inc. and is protected by intellectual property laws. These Terms grant you only a limited, non-exclusive, non-transferable right to use the Service in accordance with your plan. Feedback you send us may be used to improve the Service without obligation to you.

8. Third-party services

The Service integrates with third-party providers such as payment processors, messaging providers, mapping and email providers. Your use of those integrations may be subject to the third party's own terms. We are not responsible for third-party services or outages outside our control.

9. Service availability and support

We work continuously to keep the Service available, but access may be interrupted by maintenance, updates, third-party failures or events beyond our control. We aim to give advance notice of planned maintenance where practical. The Service is provided "as is" and "as available" without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose and non-infringement.

10. Limitation of liability

To the maximum extent permitted by law, Kymark Innovations Inc. is not liable for any indirect, incidental, special, consequential or punitive damages, including loss of profits, revenue, data, goodwill or business opportunity, arising out of or related to your use of the Service.

Our total aggregate liability for any claim relating to the Service will not exceed the amount you paid to us for the Service in the twelve (12) months preceding the event giving rise to the claim.

11. Indemnification

You agree to indemnify and hold harmless Kymark Innovations Inc., its officers, directors, employees and agents from any claims, damages, losses or expenses (including reasonable legal fees) arising from your use of the Service, Your Data, your violation of these Terms, or your violation of the rights of a third party.

12. Term and termination

You may cancel your subscription at any time from within the Service or by contacting support; cancellation takes effect at the end of the current billing period. We may suspend or terminate access if you materially breach these Terms or fail to pay fees when due. On termination, your right to use the Service ends immediately and we will make Your Data available for export for a reasonable period before deletion, as described in our Privacy Policy.

13. Changes to these Terms

We may update these Terms from time to time. We will notify you of material changes by email or through the Service. Continued use of the Service after changes take effect means you accept the revised Terms.

14. Governing law

These Terms are governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict-of-law rules. The courts located in British Columbia have exclusive jurisdiction over any dispute, subject to any mandatory consumer protections in your jurisdiction.

15. Contact

Questions about these Terms? Email support@limosoftware.com, call 1-888-501-5611, or use our contact page.

Kymark Innovations Inc.
British Columbia, Canada