Terms of Service

1. Acceptance of Terms

By accessing or using ConeStack ("the Service"), operated by ConeStack Inc. ("we", "our", "the Company"), you agree to be bound by these Terms of Service. If you do not agree, do not use the Service.

2. Description of Service

ConeStack is a SaaS platform that generates Ontario Traffic Manual Book 7 compliant Traffic Control Plans (TCPs). The Service includes plan generation, GPS-guided field deployment, municipal filing, crew tracking, and compliance reporting.

3. OTM Book 7 Compliance Disclaimer

ConeStack generates plans based on the OTM Book 7 (April 2022 Edition) tables and rules. However, ConeStack is a tool — not a licensed professional engineer.

All generated Traffic Control Plans must be reviewed by a qualified professional before field deployment. The user is solely responsible for verifying that any TCP meets all applicable regulatory requirements, site-specific conditions, and local municipal bylaws.

ConeStack does not guarantee that generated plans are compliant with all aspects of OTM Book 7 or any other regulatory framework. The automated compliance checks are advisory and do not constitute professional engineering certification.

4. Accounts and Access

You must provide accurate information when creating an account. You are responsible for maintaining the security of your account credentials. You must notify us immediately of any unauthorized access.

Worker accounts created via team invitations are governed by the inviting organization's subscription. Share codes grant temporary field-deploy access and do not constitute account ownership.

5. Subscription and Billing

ConeStack offers a free Starter tier and paid Professional tier ($349 CAD/month). Every new account receives a 14-day free Professional trial. After the trial, accounts revert to Starter unless upgraded.

Professional-tier features (advanced PDF deployment sheet, free filing packets, GPS-guided field deployment) unlock during the trial only after the contractor uploads a valid Commercial General Liability (CGL) insurance certificate. This requirement keeps the platform clean of fraudulent signups and is waived for paying subscribers.

Each contractor business — identified by company name, WSIB number, or business registration — is entitled to one free trial. Multiple signups under different email addresses for the same underlying business are prohibited and may result in account suspension and forfeiture of any free-tier credits.

Municipal filing fees are charged per filing ($150 CAD for Starter/trial users, $100 CAD for paid Professional subscribers). The Filing Packet PDF for non-onboarded municipalities is free for paid Professional subscribers and $75 CAD per packet for Starter accounts (with the first packet free). Revenue is split between the municipality and ConeStack as described on the pricing page.

All payments are processed by Stripe. ConeStack does not store credit card numbers. Subscriptions renew automatically and can be cancelled at any time.

6. Municipal Organizations

Municipal accounts include a 90-day free trial, after which a one-time onboarding fee applies (no recurring license). Filing fee revenue share percentages are agreed upon during onboarding. ConeStack guarantees the municipality's share regardless of contractor subscription tier.

7. GPS and Location Data

The Service collects GPS coordinates during field deployment for sign placement verification. This data is stored securely and is accessible only to the contractor's organization and the municipality the plan is filed to.

Worker location data is broadcast in real-time to managers during active GPS sessions and is not retained after the session ends. Workers must explicitly enable GPS tracking on their device.

8. Data Ownership

You retain ownership of all Traffic Control Plans, placement data, and photos generated through the Service. ConeStack holds a license to store and process this data solely for the purpose of providing the Service.

Municipal filing records and audit trails are shared between the filing contractor and the receiving municipality as part of the regulatory filing process.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CONESTACK SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Injuries, damages, or losses arising from traffic control plan implementation
• Regulatory fines or penalties resulting from non-compliant plans
• Work zone incidents or safety failures
• Data loss or service interruptions
• GPS positioning inaccuracies

ConeStack's total liability shall not exceed the fees paid by you in the 12 months preceding the claim.

10. Indemnification

You agree to indemnify and hold harmless ConeStack, its officers, directors, employees, and agents from any claims, damages, or expenses arising from your use of the Service, your violation of these Terms, or your violation of any law or regulation.

11. Termination

We may suspend or terminate your access for violation of these Terms, non-payment, or at our discretion with 30 days notice. Upon termination, your data will be retained for 90 days before deletion, during which you may request an export.

12. Governing Law

These Terms are governed by the laws of the Province of Ontario, Canada. Any disputes shall be resolved in the courts of Ontario.

13. Contact

For questions about these Terms, contact us at [email protected].