Terms of Service and End-User License Agreement

1. Agreement

These terms are an agreement between you and Plankmate LLC ("Plankmate", "we", "us") about the Plankmate service: the website at plankmate.com, the web app, the Plankmate Field app and anything else we offer under the Plankmate name (together, the "Service"). By creating an account, signing in, or using the Service you agree to these terms. If you use the Service for a company, you confirm you may bind that company, and "you" means the company and you.

2. License

We give you a limited, non-exclusive, non-transferable, revocable license to use the Service, and to install and use the Plankmate Field app on devices you control, for your own business purposes while your account is active and in line with these terms. The Service is licensed, not sold. We keep all rights in the Service, including its software, design, text, logos and the Plankmate name. You may not copy, modify, resell or sublicense the Service, reverse engineer it except where the law allows, or use it to build a competing product.

3. Accounts

A company's owner creates the account and decides who else in the company has a login and what they may do. You are responsible for what happens under your logins, for keeping passwords private, and for telling us quickly if you think one has been misused. Information you give us must be accurate. Customers, clients and vendors of a company may be given their own access by that company; the company is responsible for whom it invites.

4. Your Information

You keep ownership of the information you put into the Service ("Your Information"). You give us permission to store, process and show it as needed to provide the Service to you, to keep it secure and to support you. Our privacy policy explains how information is handled. You are responsible for having the right to put Your Information, including your customers' details, into the Service, and for using it, including contacting people by email or text, in line with the law. On request we will help you export Your Information while your account is active.

5. Acceptable Use

You agree not to: break the law or others' rights with the Service; upload malicious code; try to get into accounts, data or systems that are not yours; test or probe the Service's security without our written permission; overload it or interfere with it; send spam; share your login with people outside your company; or use the Service to harm anyone. We may suspend an account that breaks these rules or puts the Service or others at risk.

6. Connected Services (QuickBooks, Stripe and Others)

The Service can connect to other companies' services, such as QuickBooks Online (Intuit), Stripe, Twilio and email providers. Connecting is your choice, and those services are governed by their own terms and privacy policies, which you must follow. When you connect QuickBooks Online, you allow Plankmate to read and send the information described in our privacy policy for the QuickBooks company you choose. You can disconnect at any time. We are not responsible for the other services, for what they do with information you send them, or for changes or outages they cause.

7. Pilots and Fees

We may offer a pilot or trial. A pilot has an end date, may have limits, may change or end sooner, and the Service may be switched off when it ends unless you agree to continue. Paid use is charged as agreed with you, usually monthly by invoice, with the price made clear before you are charged. Invoices are due by the date on them. Charges are not refundable unless we say so or the law requires it. If an invoice is not paid on time, we may suspend the account after notice. You are responsible for taxes on your use.

8. Payments Through Stripe

If you accept card payments through the Service, Stripe processes them under Stripe's terms. Plankmate does not hold card numbers. You are responsible for your dealings with your own customers, including refunds and disputes.

9. Availability and Changes

We work to keep the Service running, but we do not promise it will always be available or error-free. We may change, add or remove features, and we will try to give notice of changes that matter. We back up information, but you should keep your own copies of anything critical, such as by exporting reports.

10. Disclaimer

The Service is provided "as is" and "as available". To the fullest extent the law allows, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement. Plankmate is a business tool: it does not give legal, tax, accounting, safety or compliance advice, and you remain responsible for your own invoices, taxes, licences, insurance and the work you do.

11. Limit of Liability

To the fullest extent the law allows, Plankmate is not liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or goodwill, arising from your use of the Service. Our total liability for any claim relating to the Service is limited to the amount you paid us in the 12 months before the event that gave rise to it (or $100 if you have paid nothing). Some places do not allow these limits, so they apply only as far as the law permits.

12. Your Responsibility

You will defend and cover Plankmate against claims, losses and costs (including reasonable legal fees) brought by someone else because of Your Information, your breach of these terms, or your use of the Service in breach of the law.

13. Ending

You may stop using the Service and close your account at any time. We may suspend or end your access if you break these terms, do not pay, or if we stop offering the Service; where we reasonably can, we will give notice and a chance to export Your Information. When an account ends, your right to use the Service ends, and we handle Your Information as our privacy policy describes. Sections that by their nature should continue (such as ownership, the disclaimer, the limit of liability and this section) continue.

14. Changes to These Terms

We may update these terms. If a change matters, we will say so on this page and change the date at the top, and where we can, tell account owners. Using the Service after a change means you accept it.

15. General

These terms and the privacy policy are the whole agreement between you and us about the Service. If a part cannot be enforced, the rest still applies. Not using a right is not giving it up. You may not transfer your rights under these terms without our written consent; we may transfer ours as part of a sale or reorganization. These terms are governed by the laws of the State of Georgia, without regard to its conflict-of-laws rules, and the courts in Cherokee County, Georgia have exclusive jurisdiction, except where the law of your place says otherwise.

Contact

Plankmate LLC, legal@plankmate.com.