1. Introduction
These Terms of Service govern your access to and use of LSP Pro, a cloud-based workforce scheduling platform operated by Stockyard Ventures Inc. (“Stockyard Ventures”, “we”, “us”, or “our”), a corporation incorporated in Ontario, Canada. LSP Pro is accessible at app.lspproapp.com and through any associated mobile applications.
The Platform serves two types of users: Clients who subscribe to manage their shift-based workforces, and Users who are invited to the Platform by those Clients. These Terms apply to both groups.
By creating an account, accepting an invitation, or using the Platform in any capacity, you agree to be bound by these Terms. If you are using the Platform on behalf of a company or organization, you represent that you have the authority to bind that organization.
2. Definitions
- Agreement — These Terms of Service together with the Privacy Policy and any Order Form or commercial agreement entered into between Stockyard Ventures and a Client.
- Client — A company or organization that subscribes to the Platform to manage a shift-based workforce.
- Client Data — Any data, records, or information that a Client or its authorized personnel enter into or transmit through the Platform, including personal information of Users.
- Order Form — The subscription or commercial agreement entered into between Stockyard Ventures and a Client that sets out pricing, billing terms, and subscription details.
- Platform — The LSP Pro workforce scheduling and time tracking software, accessible at app.lspproapp.com and through any associated mobile applications.
- Services — The workforce scheduling, dispatch, time and attendance tracking, timesheet management, and related features provided through the Platform.
- User — An individual who accesses the Platform through an invitation issued by a Client, including workers, coordinators, supervisors, and administrators.
- User Content — Any data, text, records, or other content submitted by a User through the Platform in the course of using the Services.
3. Accounts and Access
Access to the Platform is by invitation only. Users may only create an account after receiving a valid invitation from a Client that holds an active subscription. You are responsible for ensuring that the information you provide when setting up your account is accurate and kept up to date.
You are solely responsible for maintaining the confidentiality of your login credentials. You must not share your account with any other person. You must notify us immediately at legal@lspproapp.com if you become aware of any unauthorized access to your account.
We reserve the right to suspend or terminate accounts where warranted. If your account is suspended or terminated and you believe the action was taken in error, you may submit an appeal within 14 days by contacting us at the address below.
4. Client Responsibilities
Clients are responsible for managing User access within their organization, including issuing and revoking invitations in a timely manner. Clients are responsible for the accuracy of Client Data entered into the Platform.
Clients are responsible for ensuring they have the right to collect and submit to the Platform the personal information of Users they add to the system, including obtaining any consents required under applicable privacy law.
Stockyard Ventures Inc. is a technology vendor. We are not a staffing agency, employment agency, or employer of any User. No employment, agency, or contractor relationship of any kind is created between Stockyard Ventures Inc. and any User. Clients remain solely responsible for all employment obligations owed to their workers.
5. Acceptable Use
You agree to use the Platform only for its intended purpose of managing and participating in shift-based workforce scheduling. You must not:
- Attempt to gain unauthorized access to any account, system, or data within the Platform
- Upload, transmit, or distribute malicious code, scripts, or files of any kind
- Attempt to reverse engineer, decompile, or extract source code from the Platform
- Misrepresent your identity, role, or affiliation
- Use the Platform to harass, threaten, or harm other Users
- Use automated tools, bots, or scripts to interact with the Platform in ways not expressly authorized by us
6. Platform Availability and Changes
We aim to make the Platform available at all times but do not guarantee uninterrupted access. The Platform may be unavailable during scheduled maintenance or as a result of circumstances outside our control.
We reserve the right to modify, update, or discontinue any feature or aspect of the Platform at any time. For changes that remove or substantially alter core functionality, we will provide reasonable advance notice. Some features may be released in a preview or beta state and may be modified or removed at any time without advance notice.
7. Intellectual Property
The Platform and all associated software, design, content, and functionality are owned by Stockyard Ventures Inc. and protected by Canadian and international intellectual property laws. Nothing in these Terms grants you any ownership interest in the Platform.
Client Data and User Content remain the property of the Client or User who submitted them. By submitting data to the Platform, you grant Stockyard Ventures a limited, non-exclusive, royalty-free licence to store, process, transmit, and use that data solely for the purpose of providing the Services. This licence does not permit us to use your data for advertising or to sell it to third parties.
We may use aggregated and de-identified data for the purpose of improving the Platform and understanding usage patterns.
8. Third-Party Services
The Platform relies on certain third-party services including cloud hosting, transactional email delivery, and mapping functionality. These services are governed by their own terms and privacy policies. All primary application data is hosted on cloud infrastructure located in Canada. By using the Platform, you consent to the fact that certain data may be processed outside Canada by our third-party service providers, subject to contractual data protection obligations.
9. Subscriptions and Billing
Billing terms for Clients are established at the time of subscription and set out in the applicable Order Form. In the event of any conflict between these Terms and an Order Form, the Order Form governs on subscription, billing, pricing, refund, and cancellation matters. Individual Users who access the Platform through an employer or Client do not have direct payment obligations to Stockyard Ventures Inc.
10. Limitation of Liability
To the maximum extent permitted by applicable law, Stockyard Ventures Inc. will not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of or inability to use the Platform, including loss of data, loss of revenue, or loss of business opportunity.
Our total aggregate liability to you for all claims will not exceed the greater of: the total fees paid by your organization to Stockyard Ventures Inc. in the twelve months immediately preceding the event giving rise to the claim, or five thousand Canadian dollars ($5,000 CAD).
Nothing in these Terms limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited under applicable law.
11. Indemnification
You agree to indemnify, defend, and hold harmless Stockyard Ventures Inc. and its officers, directors, employees, contractors, and agents from and against any claims, damages, losses, liabilities, costs, and expenses arising out of or in connection with your breach of these Terms, your violation of any applicable law in connection with your use of the Platform, or any claim by a third party arising directly from your unauthorized use of the Platform.
Stockyard Ventures Inc. agrees to indemnify, defend, and hold harmless you from and against any third-party claims arising out of our material breach of these Terms, our negligence or wilful misconduct in the provision of the Platform, or any claim that the Platform itself infringes a third party’s intellectual property rights under Canadian law.
12. Disclaimer of Warranties
The Platform is provided on an “as is” and “as available” basis without warranties of any kind, whether express or implied. To the fullest extent permitted by law, we disclaim all warranties including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You use the Platform at your own risk.
13. Force Majeure
We will not be liable for any failure or delay in performing our obligations under these Terms where that failure or delay results from circumstances beyond our reasonable control, including natural disasters, acts of government, internet or telecommunications failures, power outages, pandemics, failures of third-party infrastructure providers, or cyberattacks that could not have been prevented by reasonable security measures.
14. Termination
We may suspend or terminate your access to the Platform immediately and without notice in cases involving security threats, fraud, or unauthorized access. In other cases we will make reasonable efforts to provide notice before termination.
You may stop using the Platform at any time. Requests to close your account or delete your personal information should be directed to your Client administrator or to us directly. Data deletion requests will be handled in accordance with our Privacy Policy.
Sections 7, 10, 11, 12, 15, and 16 survive termination of these Terms.
15. Dispute Resolution
We encourage you to contact us in the first instance to resolve any dispute informally. If a dispute cannot be resolved informally within 30 days of written notice, the parties agree to attempt resolution through mediation before initiating any formal legal proceedings.
Where mediation is unsuccessful, disputes may be referred to binding arbitration conducted in Toronto, Ontario in accordance with the Arbitration Act, 1991 (Ontario). Each party agrees to bring claims only in an individual capacity and not as a plaintiff or class member in any class or representative proceeding.
Nothing in this section prevents either party from seeking emergency injunctive or equitable relief from a court of competent jurisdiction where necessary to prevent irreparable harm.
16. Governing Law
These Terms are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. Subject to the dispute resolution process in Section 15, you submit to the exclusive jurisdiction of the courts of Ontario.
17. Changes to These Terms
Material changes — including changes that expand our rights, reduce your rights, alter liability provisions, or introduce new obligations — will be communicated by email and through a notice within the Platform before taking effect. You will be required to explicitly confirm acceptance of material changes before continuing to use the Platform.
Non-material changes will take effect upon posting and will be noted through an updated version number and effective date.
18. Severability
If any provision of these Terms is found to be invalid, unlawful, or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible. The remaining provisions will continue in full force and effect.
19. Entire Agreement
These Terms, together with the Privacy Policy, any Data Processing Agreement, and any applicable Order Form, constitute the entire agreement between you and Stockyard Ventures Inc. with respect to your use of the Platform and supersede all prior agreements and understandings on the same subject matter.
20. Contact
Legal — Stockyard Ventures Inc.
Operating as: LSP Pro
legal@lspproapp.com
lspproapp.com · Ontario, Canada