Updated July 16, 2025
These terms of service (the “Terms”) govern the use of www.appalto.ca (the “Site” or “Appalto”). The Site is owned and operated by EllisDon Corporation (“ED”).
“User” for the purposes of these Terms means anyone viewing, accessing and/or submitting information on or to Appalto. "Authorized User" means User's employees, consultants, contractors, and agents who are authorized by User to access and use Appalto under the rights granted to User pursuant to these Terms.
“User Data” means the data or information provided to or uploaded by User or its Authorized Users in connection with the use of Appalto.
By viewing, accessing and/or submitting information on or to Appalto, the User accepts, without modification, the terms, conditions, and notices contained herein. The use of Appalto by the User constitutes the User’s agreement to abide by all such terms, conditions, obligations and notices included in these Terms.
Use of Appalto may be subject to additional terms and conditions presented by ED, which are hereby incorporated by this reference into these Terms.
Appalto provides business project management services for construction projects and offers Users various software services to assist or manage:
• billing and invoicing;
• submission of construction site worker timesheets and daily construction site reports;
• accessing and replying to construction change requests from general contractors;
• submission of construction site worker timesheets and daily construction site reports;
• temporary use of non-downloadable software for invoice management that is integrated with and coordinated with general construction contractor project management systems;
• temporary use of non-downloadable software for providing real-time access to project information and documents directly from the general construction contractors' project management system;
• providing temporary use of online non-downloadable software for managing requests for information in the construction field;
• managing requests for information in the construction field;
• temporary use of online non-downloadable software for the construction project management field that enables users to carry out cash flow analysis and forecasting, invoice management, corporate planning and management, revenue forecasting, staffing analysis, project budgeting and forecasting, and construction planning;
• enablement of users to carry out for cash flow analysis and forecasting, invoice management, corporate planning and management, revenue forecasting, staffing analysis, project budgeting and forecasting, and construction planning.
User is responsible for all use of Appalto resulting from access provided by ED directly or indirectly, whether such access or use is permitted by or in violation of these Terms. Without limiting the generality of the foregoing, User is responsible for all acts and omissions of Authorized Users, and any act or omission by an Authorized User that would constitute a breach of these Terms if taken by User will be deemed a breach of these Terms by User. User shall make all Authorized Users aware of these Terms as applicable to such Authorized User's use of Appalto and shall cause Authorized Users to comply with such provisions. User shall ensure that any Authorized User credentials, including but not limited to usernames and passwords, remain confidential and the User shall not disclose any such Authorized User credentials to any third party without prior authorization from ED. User shall be liable for all acts and omissions of any person who uses such Authorized User credentials unless such use is the result of a breach of this Agreement by ED. In addition, User shall notify ED, in accordance with the Notice requirements of this Agreement, immediately upon discovery of any unauthorized disclosure of any Authorized User credentials or upon any suspected unauthorized access to Appalto.
ED reserves the right to modify, alter or update the terms, conditions, notices, and privacy policy under which Appalto is offered without notice and liability. Any such changes will be posted on Appalto and User agrees to be bound by such modifications, alterations and/or updates as of the date same is posted. If the User does not agree with these modifications, alterations and/or updates, it is the User’s sole responsibility to terminate your use of Appalto or any of its services. The User’s continued use of Appalto or any of its services following the posting of any changes shall constitute User acceptance of the modifications, alterations and/or updates made.
In using Appalto, the User shall not at any time, directly or indirectly, and shall not permit any Authorized Users to:
• use Appalto in any way that breaches any applicable law or regulations;
• use Appalto in any way that is unlawful or fraudulent, or has unlawful or fraudulent purpose or effect;
• use Appalto for the purpose of harming or attempting to harm any individual in anyway;
• interfere with or disrupt the operation of Appalto or the servers or networks used to make Appalto available or violate any requirements, procedures, policies or regulations of such networks;
• transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation(spam);
• transmit or otherwise make available in connection with Appalto any virus, worm or other computer code that is harmful or invasive or may or is intended to damage the operation of, or to monitor the use of, any hardware, software, or equipment; or
• use any information found on Appalto to canvass or solicit any person or entice any person away from the employment of, investment with, seeking funding from or any other commercial relationship or transaction with a User or through Appalto;
• use the Appalto in any manner which could damage, disable, overburden, or impair the Appalto or interfere with any other party's use and enjoyment of it
• use Appalto to obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through Appalto;
• copy, modify, or create derivative works or improvements of the Services or Documentation, in whole or in part;
• rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer, or otherwise make available the use of Appalto to non-Authorized Users;
• reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of Appalto, in whole or in part; and
• use Appalto in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law
All content of Appalto is subject to copyright owned by ED and all corresponding rights are reserved by ED under applicable laws.
The contents of Appalto including, but not limited to, publications, information, images, illustrations, audio clips, surveys, special features, graphics, logos, service marks registered and unregistered, and software are subject to all applicable intellectual property rights which are owned and controlled by ED or by third parties who have licensed their material or provided permission to ED for placement on Appalto. Unauthorized use of any content of Appalto is strictly prohibited and may violate copyright, trademark, patents, or other intellectual property laws and be subject to both civil litigation and criminal charges. By furnishing Information, ED does not grant any licenses to or transfer any title rights for any copyrights, patents or any other intellectual property rights.
The User retains the intellectual property rights and ownership in and to its User Data. All User Data shall remain at all times the exclusive property of User and may only be used by ED in accordance this Agreement. Subject to the terms of this Agreement, the User shall grant to ED an irrevocable right and license to use, modify, and/or aggregate User Data as deemed necessary to provide the use of Appalto to the User. The Parties agree that ED and/or ED’s affiliates are explicitly authorized by User to: (1) de-identify and/or aggregate User Data; and (2) use Customer Data in anonymized form (i.e., in a form that cannot be linked to an individual Authorized User) in order to develop, maintain and improve the services and products of ED`s group of companies, to tailor products and services to ED’s needs and for market research purposes.
User herewith grants to ED a royalty-free, worldwide, transferable, sub-licensable, irrevocable, perpetual license to use or incorporate into Appalto any of Customer`s input, suggestions, enhancement requests, recommendations or other feedback relating to Appalto. ED shall have no obligation to implement Customer Input into the Services.
ED shall implement and maintain commercially reasonable an appropriate technical, administrative, and physical safeguards and security methods designed to prevent any unauthorized release, access to or publication of User Data. If ED engages a subcontractor or affiliate to facilitate its obligations under this Agreement, ED shall use commercially reasonable measures to ensure that such subcontractor and/or affiliate implements and complies with reasonable security measures in handling any User Data.
Except as otherwise authorized by the relevant party in writing, ED and User will keep confidential all non-public information reasonably disclosed by or on behalf of, and belonging to, the other party in connection with the use of Appalto, provided however, ED is permitted to use and disclose User Data to the extent permitted by this Agreement.
The receiving party will protect the other party’s confidential information with the same degree of care as it uses to protect its own confidential information and may share the confidential information with its advisors and consultants and authorized affiliates who are bound by confidentiality obligations consistent with the receiving party’s obligations. If the receiving party receives a request pursuant to a court order, governmental body request or other legal process to disclose the other party’s confidential information, the receiving party will promptly notify the other party and provide reasonable assistance to maintain the confidentiality of such information. The receiving party will not be subject to confidentiality obligations for confidential information that (a) at the time of receipt was already known to it without confidentiality obligations; (b) becomes publicly known through no wrongful act of the receiving party; (c) was received from a third party without confidentiality obligations or knowledge that the information was subject to confidentiality obligations; (d) was disclosed to third parties by the other party without confidentiality obligations; (e) is independently developed by the receiving party without use of the confidential information of the other party, or (f) was released pursuant to prior written authorization by the other party.
The User shall only use the information posted on Appalto (hereinafter the “Information”) for the General Purpose described herein. Information, services, and other material available through the Appalto are furnished “As Is”, “at Your Own Risk” and “As Available”, without any warranty whatsoever. Although ED has attempted to provide accurate Information on Appalto, ED assumes no responsibility for the accuracy, merchantability or completeness of the Information, services or other material on Appalto.
All other warranties, express or implied, including any warranties of merchantability, availability, fitness for any particular purpose, a lack or viruses or malware or non-infringement of intellectual property are specifically excluded and disclaimed. ED does not warrant that the Information will meet User’s requirements and that the operation of the services on Appalto will be uninterrupted or error free.
Notwithstanding anything to the contrary in these Terms, ED may temporarily or permanently suspend User's and any Authorized User's access to any portion or all of Appalto at any time and in its sole discretion (a “Service Suspension”).
Upon the occurrence of a Service Suspension, ED shall use commercially reasonable efforts to provide written notice of any Service Suspension to User and to provide updates regarding resumption of access to Appalto following any Service Suspension. ED shall use commercially reasonable efforts to resume access to Appalto as soon as reasonably possible after the event giving rise to the Service Suspension is cured. ED will have no liability for any damage, liabilities, losses (including any loss of data or profits), or any other consequences that User or any Authorized User may incur as a result of a Service Suspension.
IN NO EVENT WILL ED OR OTHER THIRD PARTIES MENTIONED ON APPALTO BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST SAVINGS, LOST DATA, BUSINESS INTERRUPTION OR OTHER SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES) ARISING OUT OF OR RELATING TO THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF APPALTO, ANY WEBSITES OR OTHER CONTENT LINKED TO APPALTO, OR ANY MATERIALS, INFORMATION, PRODUCT OR SERVICE CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.
IF THE USER’S USE OF THE MATERIALS, INFORMATION OR SERVICES FROM APPALTO RESULTS IN THE NEED FOR SERVICING, REPAIR OF CORRECTION OF EQUIPMENT OR DATA, USER ASSUMES ALL COSTS THEREOF. FOR THE AVOIDANCE OF DOUBT, USER IS RESPONSIBLE FOR MAINTAINING AND PROTECTING ALL OF THE INFORMATION PROVIDED, TRANSMITTED, UPLOADED, IMPORTED OR MADE ACCESSIBLE BY USING APPALTO. ED WILL NOT BE LIABLE FOR ANY LOSS OR CORRUPTION OF SUCH INFORMATION, OR FOR ANY COSTS OR EXPENSES ASSOCIATED WITH BACKING UP OR RESTORING ANY OF SUCH INFORMATION.
The User understands and agrees that they shall hold harmless and indemnify ED and its officers, directors, employees, representatives, agents and assignees against any and all claims and actions arising out of the User’s or any Authorized User’s usage of Appalto. The User understands and agrees that the User shall hold harmless and indemnify ED against any and all expenses, judgments, fines, settlements
and other amounts actually and reasonably incurred in connection with any liability, suit, action, loss, or damage arising or resulting from the User’s or any Authorized User’s usage of Appalto.
The User understands and agrees that ED shall not be responsible or liable to any person or entity whatsoever for any direct, indirect, incidental, punitive, consequential or exemplary damages, including but not limited to, injury, claim by a third party, liability, costs, damages for loss of business and/or profits, data or other intangible losses (even if ED had been advised of the possibility of such damages), resulting from the use of or the inability to use the materials, information, and/or service(s) on Appalto or any misuse of the materials, information, and/or service(s) on the ED Appalto in a manner not in accordance with their intended use.
The User also understands and agrees that ED shall not be held liable for any defamatory, offensive, or illegal conduct of the User or Authorized Users.
In the event of a dispute under these Terms, ED and the User will attempt, in good faith, to settle the dispute. In the event that the ED and the User cannot settle such dispute, either party may refer the dispute to arbitration. Where a Party has referred a dispute to arbitration, such dispute will be determined by a single arbitrator, in accordance with the Arbitrations Act (Ontario). There will be a single arbitrator who will have qualifications relevant and suitable to the issue in dispute, and will be disinterested in the dispute and will be impartial with respect to all parties thereto. The Parties will select the arbitrator by mutual agreement, failing which either may apply to court to have an arbitrator appointed. The determination of the arbitrator will be final and binding upon the Parties. Each Party will bear its own costs in connection with the arbitration, provided that, if the arbitrator finds that any Party has acted unreasonably, the arbitrator may, in his or her discretion, award costs against such Party. Any order of an arbitrator may be entered with a court of competent jurisdiction for the purposes of enforcement. The place of arbitration will be Toronto, Ontario. All aspects of the arbitration will be kept confidential and the determination of the arbitrator shall be final and binding.
When User sends ED e-mails with comments, questions, and/or suggestions, User is communicating with ED electronically and User consents to receive communications from ED electronically. ED will communicate with User by e-mail or by posting notices on Appalto, as deemed appropriate in the sole discretion of ED.
These Terms will be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein.
