Terms of Service

By accessing or using Tideway (the “Service”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, do not use the Service.

These Terms constitute a legally binding agreement between you and Tideway (“Tideway”, “we”, “us”, or “our”), governed by the laws of the Province of British Columbia and the applicable laws of Canada.

Tideway is an all-in-one operations platform for freelancers, independent studios, and creative teams. The Service includes tools for project management, client and contact management, invoicing and payments, time and expense tracking, file management and client sharing, scheduling, notes, AI-assisted drafting and insights, and analytics.

Tideway is offered on an evolving basis, and some features are in beta. Features, plans, pricing, and availability may change. We may modify, suspend, or discontinue any part of the Service at any time, and we will give reasonable notice of material changes that affect paid plans.

You must be at least 16 years of age to use Tideway. By using the Service, you represent and warrant that you meet this requirement and that you have the legal capacity to enter into these Terms.

If you are using Tideway on behalf of a business or organization, you represent that you have the authority to bind that entity to these Terms, and “you” refers to that entity.

When you create an account, you agree to provide accurate and complete information. You are responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your account.

You must notify us immediately of any unauthorized use of your account. We are not liable for any loss or damage arising from your failure to safeguard your credentials.

You agree not to use Tideway to:

• Violate any applicable law or regulation
• Infringe the intellectual property, privacy, or other rights of any third party
• Transmit malware, spam, or other harmful or disruptive content
• Send unlawful, unsolicited, or non-compliant messages through the Service’s email or client-sharing features
• Attempt to gain unauthorized access to any part of the Service or its infrastructure
• Reverse engineer, decompile, or disassemble any part of the Service
• Use the Service to build or train a competing product, or to place undue automated load on it
• Resell, sublicense, or otherwise commercially exploit the Service without our written consent

We may suspend or terminate accounts that violate these Terms.

You retain full ownership of all data, content, and information you enter into Tideway (“Your Data”). We do not claim any intellectual property rights over Your Data.

You grant Tideway a limited, non-exclusive, worldwide license to host, store, process, transmit, and display Your Data, and to send communications on your behalf (such as invoices and reminders you choose to send), solely as necessary to provide the Service to you.

Your Data is stored on managed cloud infrastructure (a managed PostgreSQL database, with uploaded files in object storage and authentication handled by an identity provider), encrypted in transit and at rest. You can export Your Data to CSV at any time. See our Privacy Policy for details on how and where it is stored.

Tideway lets you store and process personal information about your own clients, contacts, and other third parties (for example their names, emails, addresses, and project or billing details). With respect to that information, you are the party responsible for it and Tideway acts only as your service provider, processing it on your behalf and under your instructions to operate the Service.

You represent and warrant that:

• you have the necessary rights, permissions, and lawful basis (including any required consent) to collect that information and to enter it into Tideway;
• your use of Tideway, and of any information you upload or share (including through client portals and invoices), complies with all laws that apply to your business, including privacy and anti-spam laws; and
• you are responsible for responding to any request from your clients regarding their information, and for your own privacy notices to them.

You will indemnify Tideway for any claim arising from information about third parties that you provide or share through the Service, as described in the Indemnification section below.

Some features let you share files, deliverables, invoices, or a client portal through a link. You are solely responsible for what you choose to share and with whom, and for the content of anything you send. A share link grants access to whoever holds it, so treat share links as sensitive. You can revoke a share at any time from within the Service.

Tideway includes AI-assisted features that draft text and surface insights from your data. When you use them, the content needed to answer your request is processed through our third-party AI provider, as described in the Privacy Policy. Your content is not used to train the provider’s models.

AI output is generated automatically and may be inaccurate, incomplete, or unsuitable for your situation. It is not professional advice (legal, financial, tax, or otherwise), and you are responsible for reviewing and verifying any output before you rely on it or send it to a client. AI features are provided without warranty, may be subject to fair-use and rate limits, and may change or be discontinued.

If you send us ideas, suggestions, or other feedback about the Service, you grant us a perpetual, irrevocable, royalty-free license to use that feedback to improve Tideway, without any obligation to compensate you. You are never required to provide feedback, and doing so does not transfer ownership of Your Data.

Tideway and its original content, features, and functionality, including its design, code, trademarks, and branding, are owned by Tideway and protected by applicable intellectual property laws.

Nothing in these Terms grants you any right to use Tideway’s trademarks, logos, or other proprietary materials without our prior written consent.

Paid plans and their prices are described on our website and in the app, and are subject to change. If we change the price of a paid plan, we will give you at least 30 days’ notice before the change takes effect for existing subscribers, and the change will not affect your current billing period.

Subscriptions are billed in advance on a recurring basis (monthly or annually, as you choose) and renew automatically until cancelled. You can cancel at any time; cancellation takes effect at the end of the current billing period, and you keep access until then. Any free trial converts to a paid subscription at the end of the trial unless you cancel first.

Payments are processed by Stripe, and your use of payment features is subject to Stripe’s terms. All fees are stated in the currency shown at checkout and are exclusive of taxes unless stated otherwise; you are responsible for any applicable taxes. Except where required by law, fees are non-refundable, but we handle refund requests reasonably and on a case-by-case basis. Email us at billing@tideway.co.

If you use Tideway to invoice your own clients, you are responsible for your invoices, the amounts you charge, the taxes you collect and remit, and any payment terms with your clients. Tideway provides the tools but is not a party to your agreements with your clients.

The Service relies on third-party providers for hosting, storage, authentication, payments, email, analytics, and AI, and may let you connect optional integrations. Your use of a third-party service is governed by that provider’s own terms and privacy policy, and we are not responsible for third-party services. Every provider we use is listed by name on our Sub-processors page.

Your use of Tideway is also governed by our Privacy Policy, which is incorporated into these Terms by reference.

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY REGARDING THE ACCURACY OR RELIABILITY OF AI-GENERATED OUTPUT.

We do not warrant that the Service will be uninterrupted, error-free, or free of harmful components, or that any defects will be corrected. You are responsible for maintaining your own copies of Your Data through the export tools we provide.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TIDEWAY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE.

OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIMS ARISING UNDER THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO TIDEWAY IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED CANADIAN DOLLARS ($100 CAD).

Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations may not apply to you.

You agree to defend, indemnify, and hold harmless Tideway and its officers, directors, employees, and agents from and against any claims, damages, obligations, losses, liabilities, costs, or expenses arising from: (a) your use of the Service; (b) Your Data or any information about your clients or other third parties that you provide, upload, or share through the Service; (c) your violation of these Terms; (d) your violation of any law, including privacy or anti-spam law; or (e) your violation of any third-party rights.

You may stop using Tideway at any time. You can permanently delete your account and data yourself from Settings → Account. When you confirm deletion, your account and all associated data are permanently and irreversibly erased, your files are removed from storage, and your sign-in identity is deleted. This cannot be undone, so export anything you want to keep first.

We may suspend or terminate your access to the Service, with or without notice, if we believe you have violated these Terms or if required by law. Upon termination, your right to use the Service ceases and we may delete Your Data in accordance with our Privacy Policy.

These Terms are governed by and construed in accordance with the laws of the Province of British Columbia and the applicable federal laws of Canada, without regard to conflict of law principles.

Any dispute arising out of or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of British Columbia, Canada. You consent to personal jurisdiction in those courts.

We may update these Terms from time to time. When we do, we will revise the “last updated” date at the top of this page. For material changes, we will provide at least 14 days’ notice to registered users by email. Continued use of the Service after the notice period constitutes acceptance of the updated Terms.

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Tideway regarding the Service and supersede all prior agreements. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect. Our failure to enforce any right or provision of these Terms shall not be considered a waiver of those rights.

If you have questions about these Terms, please contact us at:

Tideway
PO Box 1172
Vernon, BC V1T 6N4
Canada
legal@tideway.co