Template for review: this text has not been reviewed by a lawyer. Bracketed items must be completed, and the whole document must be approved by qualified counsel before launch.
1. Agreement
These Terms of Service ("Terms") are an agreement between [Company legal name] ("we", "us") and the business that creates an account ("Customer", "you"). By creating an account or using the service you accept these Terms on behalf of that business and confirm you have authority to do so.
2. The service
We provide a hosted application for quoting, takeoff, invoicing, payments, inventory, purchasing, accounting, and online stores ("Service"). Features available to you depend on your plan. We may improve and change the Service; we will not materially reduce core functionality of a paid plan during a paid term without notice.
3. Accounts and users
You are responsible for the users you invite, for keeping sign-in credentials and second factors secure, and for all activity under your organization. Each user must be an individual; shared logins are not allowed. Store customers who register on your online store are your customers, not users of your subscription.
4. Free trial
New organizations may receive a free trial of [7] days. No payment method is required to start. If no payment method is added before the trial ends, the subscription is paused and the account becomes read-only. Data is not deleted when a trial ends.
5. Subscriptions, fees, and taxes
Paid plans are billed in advance monthly or annually through Stripe. Upgrades take effect immediately and are prorated; downgrades take effect at the end of the current billing period. Fees exclude taxes, which are added where required. Unpaid invoices may lead to suspension after notice. Fees are non-refundable except where required by law or stated otherwise in writing.
6. Payments you accept
Card and bank payments from your customers are processed by Stripe on your own connected Stripe account under Stripe’s terms. You are the merchant of record and are responsible for refunds, disputes, surcharging rules, and compliance with card network and consumer laws that apply to you.
7. Your data
You own the data you and your users put into the Service ("Customer Data"). You grant us the rights needed to host, process, and display it to provide the Service. We process Customer Data as described in the Data Processing Addendum and Privacy Policy. You may request an export of your data at any time while your account is active and for [90] days after cancellation, after which it is deleted.
8. Acceptable use
You must follow the Acceptable Use Policy. We may suspend accounts that put the Service, other customers, or third parties at risk.
9. Cancellation and termination
You can cancel at any time from Plan & billing; access continues until the end of the paid period. We may terminate for material breach that is not cured within [30] days of notice.
10. Warranties and liability
The Service is provided "as is" except as expressly stated. Takeoff, cut-list, and pricing results are tools to assist you; you remain responsible for verifying measurements, quantities, and prices before ordering or quoting. [Limitation of liability, indemnities, and warranty disclaimers to be drafted by counsel.]
11. General
These Terms are governed by the laws of [State], excluding conflict-of-law rules. We may update these Terms with [30] days’ notice for material changes. Contact: [legal@factoryterminal.com], [Company address].