Terms of Service Agreement

Basecrew provides cloud-based software designed to help equipment rental businesses manage their operations. The Services may include features such as:

• rental management workflows
• customer profile management
• equipment inventory tracking
• reservations and bookings
• equipment assignment
• rental history tracking
• customer information management
• operational reporting
• workflow automation
• administrative tools
• integrations with third-party services

Basecrew is designed for businesses across industries including ski and snowboard rentals, bike rentals, outdoor adventure rentals, watercraft rentals, camping equipment rentals, tool and construction equipment rentals, event equipment rentals, technology and AV rentals, and specialty rental businesses.

Basecrew may modify, improve, add, or remove features from time to time to improve the Services.

To use Basecrew, you must be at least 18 years old, have legal authority to enter into this agreement, provide accurate account information, maintain account security, and comply with applicable laws and regulations.

You are responsible for all activity occurring under your account. You must ensure that login credentials are kept confidential, authorized users only access your account, and unauthorized access is reported promptly.

Basecrew provides software tools. You remain responsible for operating your rental business. You are solely responsible for your customers, your rental agreements, equipment safety, inspections, maintenance, compliance requirements, employee training, insurance, customer communications, and collection of legally required consent.

Basecrew does not provide rental equipment, inspect equipment, determine equipment suitability, provide safety certifications, guarantee customer safety, or replace professional judgment.

You retain ownership of all information, records, and data you upload, submit, or store through the Services (“Customer Data”), including customer profiles, rental records, equipment information, inventory information, business information, and operational records.

Basecrew does not claim ownership of Customer Data.

To operate the Services, you grant Basecrew a limited, worldwide, non-exclusive license to host, process, transmit, and display Customer Data, create backups, and perform technical operations necessary to provide the Services.

This license exists only for the purpose of operating, maintaining, securing, and improving the Services. Basecrew does not sell Customer Data.

You agree not to use Basecrew to violate applicable laws, upload unlawful content, infringe intellectual property rights, distribute malware, attempt unauthorized access, interfere with platform operation, reverse engineer the Services, copy or resell the software, bypass security measures, or use the Services for fraudulent purposes.

Basecrew may suspend access where necessary to protect the platform, users, or third parties.

Access to Basecrew may require payment of subscription fees. Subscription pricing may depend on factors including number of locations, number of users, features, rental volume, and selected plan. Fees will be communicated before purchase.

Unless otherwise stated, subscriptions automatically renew, fees are billed according to the selected billing cycle, and payments are non-refundable except where required by law.

You agree to provide accurate billing information. You authorize Basecrew or its payment providers to charge applicable fees.

If payment fails, Basecrew may notify you, restrict certain features, suspend access, or terminate the account. You remain responsible for unpaid charges incurred before termination.

Basecrew may offer free trials, promotional plans, discounted subscriptions, or beta access. Trial access may have limitations. Basecrew may modify or discontinue promotional programs at any time unless otherwise agreed.

Basecrew may integrate with third-party services, such as payment processors, email providers, analytics providers, cloud infrastructure providers, and authentication services. Third-party services are governed by their own terms and privacy policies.

Basecrew is not responsible for third-party outages, third-party security practices, third-party service changes, or third-party content.

Basecrew owns all rights, title, and interest in the Basecrew platform, software code, designs, trademarks, documentation, user interface, technology, and improvements. Except for the limited license granted in these Terms, no ownership rights are transferred.

You may not copy the platform, modify the software, create competing products using Basecrew materials, or remove proprietary notices.

If you provide suggestions, ideas, recommendations, or feedback regarding Basecrew, you grant Basecrew permission to use that feedback without restriction. Feedback does not create ownership rights for you.

Your use of the Services is also governed by the Basecrew Privacy Policy. You acknowledge that rental businesses control the information they enter, Basecrew processes information to provide the Services, and you are responsible for ensuring lawful collection of customer information.

You must not upload information that you do not have authority to process.

Basecrew uses reasonable safeguards designed to protect the Services. However, no software platform is completely secure, and internet transmission carries inherent risks. Customers must maintain appropriate account security.

You are responsible for passwords, user permissions, employee access, and device security.

Basecrew aims to provide reliable access to the Services. However, availability may be affected by maintenance, updates, technical issues, internet failures, third-party providers, and circumstances outside Basecrew’s control.

Basecrew does not guarantee uninterrupted or error-free operation.

Basecrew may offer experimental features marked as beta, preview, early access, or testing features. Beta features may contain errors, may change, may be removed, or may not be supported. Use of beta features is at your discretion.

Basecrew may suspend or terminate access if you breach these Terms, payments are overdue, you misuse the Services, your use creates security risks, or required by law.

You may cancel your account according to your subscription terms. Upon termination, your access may end, outstanding fees remain payable, and applicable data handling obligations continue.

The Services are provided “as is” and “as available.” To the maximum extent permitted by law, Basecrew disclaims warranties including merchantability, fitness for a particular purpose, non-infringement, and guaranteed results.

Basecrew does not guarantee that the Services will meet every business requirement, prevent rental errors, that equipment recommendations will always be correct, that business outcomes will improve, or that revenue will increase. Customers remain responsible for business decisions.

Basecrew provides operational software only. Basecrew does not determine whether equipment is safe, whether equipment fits a customer, whether equipment is appropriate, or whether equipment has been maintained correctly.

Businesses must use qualified employees and appropriate safety procedures.

To the maximum extent permitted by applicable law, Basecrew and its directors, officers, employees, contractors, affiliates, and service providers will not be liable for any indirect, incidental, consequential, special, or punitive damages, or loss of profits, revenue, business opportunities, data, or goodwill, or business interruption. This limitation applies regardless of whether Basecrew was advised of the possibility of such damages.

21.1 Maximum Liability — To the maximum extent permitted by law, Basecrew’s total aggregate liability arising out of or related to the Services or these Terms will not exceed the greater of the total fees paid by Customer to Basecrew during the three (3) months immediately preceding the event giving rise to the claim, or one hundred Canadian dollars (CAD $100).

Some jurisdictions do not allow certain limitations of liability. In those jurisdictions, liability will be limited to the maximum extent permitted by law.

You agree to defend, indemnify, and hold harmless Basecrew, its affiliates, officers, directors, employees, contractors, and partners from claims, damages, losses, liabilities, expenses, and costs (including reasonable legal fees) arising from your use of the Services, your violation of these Terms or applicable laws, your handling of customer information, your rental operations, your equipment, products, or services, claims brought by your customers, or your misuse of the platform.

This includes claims related to equipment injury, rental disputes, customer complaints, inaccurate information entered into the platform, and failure to obtain required permissions.

Basecrew will defend Customer against third-party claims alleging that the Services directly infringe a third party’s intellectual property rights. Basecrew may, at its discretion, modify the Services, replace affected functionality, obtain rights for continued use, or terminate affected functionality.

Basecrew has no obligation for claims resulting from Customer Data, customer modifications, combinations with third-party products, unauthorized use, or use outside documented purposes. This section describes Basecrew’s complete responsibility regarding intellectual property infringement claims.

Each party may receive confidential information from the other party, including information that is marked confidential, identified as confidential, or reasonably understood to be confidential, such as business plans, pricing, technical information, customer information, and operational information.

The receiving party agrees to protect confidential information, use it only for permitted purposes, and limit access to authorized individuals.

Confidential information does not include information that becomes publicly available without breach, was already known, is independently developed, or is lawfully received from another source.

Where Basecrew processes personal information on behalf of a Customer, the parties acknowledge that Customer determines the purposes of processing, Basecrew processes information to provide the Services, and Customer remains responsible for its customers and legal obligations.

Basecrew agrees to process information according to Customer instructions, implement reasonable safeguards, restrict access to authorized personnel, and assist with reasonable privacy requests where appropriate.

Customer agrees to collect information lawfully, provide required notices, obtain required permissions, and avoid unnecessary collection.

Customers may create accounts for employees, contractors, or authorized users. Customers are responsible for managing user permissions, removing former employees, monitoring account access, and ensuring authorized use.

Actions performed by authorized users will be treated as actions by the Customer.

Basecrew continuously improves the platform. We may add features, modify functionality, improve security, update technology, or discontinue features. Where practical, Basecrew will provide notice of significant changes.

Basecrew is not required to maintain every feature indefinitely.

Basecrew will not be responsible for delays or failures caused by events outside reasonable control, including natural disasters, internet failures, power outages, cyberattacks, government actions, labour disputes, third-party service failures, acts of war, and emergencies.

During such events, Basecrew will take reasonable steps to restore Services.

These Terms are governed by the laws of the Province of Ontario and the applicable federal laws of Canada. Any disputes arising from these Terms will be resolved under the jurisdiction of the courts located in Ontario, Canada. The parties agree to submit to the jurisdiction of those courts.

Before starting formal legal proceedings, the parties agree to attempt to resolve disputes through good-faith discussions. A party raising a dispute should provide written notice, a description of the issue, relevant details, and requested resolution.

The parties will attempt to resolve disputes within a reasonable period. Nothing prevents either party from seeking urgent legal remedies where necessary.

Notices relating to these Terms may be delivered by email, platform notification, or written communication.

• Basecrew Technologies Inc.
• Legal Department
• Email: legal@basecrew.ca

You may not transfer or assign these Terms without Basecrew’s written permission. Basecrew may assign these Terms in connection with a merger, acquisition, corporate restructuring, or sale of assets.

The parties are independent contractors. Nothing in these Terms creates a partnership, employment relationship, agency relationship, or joint venture. Neither party may represent that it has authority to bind the other.

Failure by either party to enforce any provision of these Terms does not waive that party’s right to enforce it later. A waiver must be written, specific, and signed by an authorized representative.

If any provision of these Terms is found invalid or unenforceable, the remaining provisions remain effective, and the invalid provision will be modified only as necessary to make it enforceable.

These Terms, together with the Basecrew Privacy Policy, subscription agreements, order forms, and applicable service agreements, constitute the complete agreement between Basecrew and Customer regarding the Services.

These Terms replace prior discussions, representations, or agreements regarding the Services.

By creating a Basecrew account, clicking acceptance, signing an order form, or accessing or using the Services, you acknowledge that you have read, understood, and agreed to these Terms. Electronic acceptance has the same legal effect as a written signature.

Basecrew may update these Terms from time to time. Updated Terms will include a revised effective date and be made available through the Services or website, and apply prospectively unless otherwise required by law.

Continued use of the Services after updates become effective constitutes acceptance of the updated Terms.

For questions regarding these Terms:

• Basecrew Technologies Inc.
• Legal Department
• Email: legal@basecrew.ca
• Canada