Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your," or "User") and Tradesman ("we," "us," "our," or the "Company") governing your access to and use of Tradesman, including all related websites, mobile applications, APIs, scheduling, dispatching, service requests, estimating, invoicing, payment processing, job communications, photo and document uploads, AI-powered features, reporting, analytics, and all other tools and functionality (collectively, the "Service"). BY CREATING AN ACCOUNT, CLICKING "AGREE," "CONTINUE," OR ANY SIMILAR BUTTON, ACCESSING OR USING THE SERVICE IN ANY WAY, OR ALLOWING ANY PERSON TO ACCESS THE SERVICE THROUGH YOUR ACCOUNT, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THE SERVICE. If you are accepting these Terms on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms.

2. Eligibility

You must be at least 18 years old and capable of forming a binding contract to use the Service. By using the Service, you represent and warrant that you meet these eligibility requirements. If you are using the Service on behalf of an organization, you represent and warrant that you are authorized to accept these Terms on behalf of that organization and to bind that organization to these Terms.

3. Accounts, Access, and Security

You must provide accurate, current, and complete account information and keep your credentials secure at all times. You are solely responsible for all activity that occurs under your account, including but not limited to activity by employees, contractors, agents, and any other users you invite into your organization workspace. You must immediately notify us of any unauthorized use of your account or any other breach of security. We are not liable for any loss or damage arising from your failure to maintain the security of your account credentials. We reserve the right to suspend or terminate any account that we reasonably believe has been compromised, is being used fraudulently, or is in violation of these Terms.

4. Acceptable Use

You will not use the Service for any unlawful, abusive, harassing, threatening, defamatory, or fraudulent purpose. Without limitation, you shall not: (a) attempt to gain unauthorized access to any portion of the Service or any related systems or networks; (b) transmit viruses, worms, malware, or any other harmful or destructive code; (c) interfere with or disrupt the integrity or performance of the Service; (d) use the Service to send unsolicited bulk communications (spam); (e) scrape, data-mine, or reverse-engineer any aspect of the Service; (f) use the Service in any manner that could damage, disable, overburden, or impair our servers or networks; (g) impersonate any person or entity; (h) use the Service to violate any applicable local, state, national, or international law or regulation, including but not limited to labor laws, licensing requirements, consumer protection statutes, and anti-discrimination laws; or (i) use the Service in connection with any high-risk activity where failure of the Service could lead to death, personal injury, or environmental damage. You are solely responsible for obtaining all required consents, licenses, and permits for all communications, data collection, and services you conduct through the Service.

5. Platform Role — Important Disclaimer

Tradesman IS A SOFTWARE PLATFORM ONLY. WE ARE NOT A HOME-SERVICES CONTRACTOR, PLUMBING COMPANY, HVAC PROVIDER, ELECTRICAL CONTRACTOR, GENERAL CONTRACTOR, EMPLOYER OR CO-EMPLOYER OF YOUR FIELD TECHNICIANS, STAFFING AGENCY, COLLECTION AGENT, INSURANCE PROVIDER, BONDING COMPANY, FINANCIAL ADVISOR, TAX ADVISOR, LEGAL ADVISOR, OR A PARTY TO ANY AGREEMENT BETWEEN SERVICE PROVIDERS AND THEIR CUSTOMERS.

You are solely and entirely responsible for: (a) the services you provide or purchase, including all pricing, scope of work, quality, workmanship, materials, and timeliness; (b) compliance with all applicable federal, state, and local laws, regulations, building codes, licensing requirements, permit requirements, and inspection requirements; (c) obtaining and maintaining all necessary contractor licenses, trade licenses, business licenses, bonds, and insurance (including but not limited to general liability, workers' compensation, professional liability, and vehicle insurance); (d) workplace safety, OSHA compliance, and the safety of your employees, contractors, and customers; (e) all employment and labor law compliance, including proper worker classification, wage and hour laws, overtime, payroll taxes, and benefits; (f) handling all customer complaints, disputes, warranty claims, and callbacks; (g) the accuracy of all estimates, invoices, and financial records created using the Service; and (h) all tax obligations, including sales tax collection and remittance. Tradesman DOES NOT VERIFY THE QUALIFICATIONS, LICENSES, INSURANCE, BACKGROUND, OR COMPETENCY OF ANY USER.

Any payroll, time-tracking, or financial reporting features within the Service are tools for your convenience only and DO NOT constitute tax advice, legal advice, or professional accounting services. You are solely responsible for the accuracy of all payroll calculations, tax withholdings, and regulatory filings. We strongly recommend consulting qualified legal, tax, and accounting professionals for all employment and financial matters.

6. Your Data and Content

You retain ownership of the data and content you submit to the Service, including customer records, service requests, estimates, invoices, chat messages, uploaded photos, documents, route details, time-clock entries, and any other content you create or upload ("Your Content"). You grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to host, store, cache, copy, process, transmit, display, and distribute Your Content solely as necessary to provide, maintain, improve, and protect the Service and to develop new features.

You represent and warrant that you have all necessary rights, consents, and permissions to submit Your Content and to grant the license above, and that Your Content does not infringe or violate the rights of any third party. You are solely responsible for the accuracy, quality, integrity, legality, reliability, and appropriateness of Your Content. We do not monitor, endorse, or verify Your Content and shall have no liability related to Your Content.

7. Subscriptions, Payments, and Billing

Certain features of the Service require a paid subscription. Subscriptions may be offered through various billing methods, including but not limited to direct credit card payments processed by Stripe, Apple In-App Purchases (managed by Apple Inc.), and Google Play billing (managed by Google LLC). By subscribing, you authorize the applicable payment processor to charge the applicable fees to your selected payment method.

SUBSCRIPTIONS AUTOMATICALLY RENEW at the end of each billing period (monthly or annually, as applicable) unless you cancel before the renewal date. Owners may cancel paid subscriptions at any time through the Service dashboard or billing portal. For subscriptions through Apple or Google, cancellation must be performed through the respective app store's subscription management settings — we cannot cancel app store subscriptions on your behalf. For direct Stripe subscriptions, you may cancel through the Service dashboard.

ALL FEES ARE NON-REFUNDABLE except where required by applicable law or the policies of the applicable app store. We reserve the right to change our pricing, subscription plans, included features, usage limits, seat or user-based tiers, add-on pricing, billing methods, Stripe or Stripe Connect-related platform fees, AI Receptionist plan rates, included-minute tiers, and the availability of any free, introductory, beta, promotional, legacy, grandfathered, or discounted tier at any time upon reasonable notice. Any rates, tiered offerings, pricing tables, quotes, or fee disclosures shown in the Service or on our website are subject to change and are not guaranteed for future billing periods unless expressly stated in a separate written agreement signed by us. Introductory, beta, promotional, legacy, grandfathered, or otherwise discounted pricing may be temporary and may be changed, discontinued, or migrated to then-current pricing after notice, including for existing subscribers. Price changes for existing subscriptions will take effect at the start of a future billing period identified in the notice. If you do not agree to a price change, you must cancel your subscription before it renews at the new price.

For invoice payment collection features, payments between you and your customers are processed by Stripe under Stripe's terms of service. Stripe's processing rates, Stripe Connect requirements, payout timing, reserve practices, chargeback fees, payment-method fees, and other Stripe-imposed fees or requirements may change under Stripe's terms and are outside our control. Our own platform fees or take rates for Stripe or Stripe Connect-enabled payments are also subject to change as described above. We are not a party to these transactions, do not hold customer funds, and are not responsible for payment failures, chargebacks, disputes, refund processing, or any aspect of the payment relationship between you and your customers or between you and Stripe.

Stripe charges additional fees on cards issued outside the United States, and may charge currency-conversion fees where the card is not denominated in US dollars. Where a processing fee is added to an invoice, that fee is calculated at Stripe's standard domestic rates, so on an international card the amount you receive may be less than the invoice total. These fees are set by Stripe, are not knowable before your customer enters their card, and are outside our control.

Except as described above, processing fees added to an invoice are calculated so that the invoice total reaches you in full. We do not guarantee any particular net amount, and Stripe fees, refunds, chargebacks, disputes, and reversals may reduce what you ultimately receive.

AI Receptionist plans include monthly minutes. AI Receptionist tier names, monthly rates, included minutes, usage limits, call-handling rules, overage terms, pause behavior, add-ons, and available packages are subject to change upon reasonable notice. Once your included minutes are used, new AI Receptionist calls pause until your next billing period or until the owner upgrades the AI Receptionist tier. A call already in progress may finish and may cause usage to slightly exceed the included minutes; we do not charge automatic overage fees at this time, but that policy may change for future billing periods after notice.

8. AI-Powered Features and AI Receptionist

Tradesman may offer artificial intelligence and machine learning-powered features, including but not limited to AI receptionist, voice transcription, automated responses, and intelligent suggestions (collectively, "AI Features"). AI FEATURES ARE PROVIDED FOR CONVENIENCE AND INFORMATIONAL PURPOSES ONLY. AI-GENERATED CONTENT, RESPONSES, AND RECOMMENDATIONS MAY BE INACCURATE, INCOMPLETE, INAPPROPRIATE, OR MISLEADING.

YOU ACKNOWLEDGE AND AGREE THAT: (a) AI Features may generate errors, hallucinations, or responses that do not accurately reflect your business, policies, services, or pricing; (b) the AI receptionist and any automated communication features may interact with your customers on your behalf, and YOU ARE SOLELY RESPONSIBLE FOR ALL COMMUNICATIONS MADE THROUGH AI FEATURES as if you had made them yourself; (c) AI Features do not constitute professional advice of any kind; (d) you must review, verify, and approve all AI-generated content before relying on it or allowing it to be communicated to third parties; (e) AI Features may use third-party AI providers, and content processed by AI Features may be transmitted to those providers; and (f) we make no warranties regarding the accuracy, reliability, availability, or suitability of AI Features for any purpose.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL LIABILITY FOR ANY LOSS, DAMAGE, CLAIM, OR EXPENSE ARISING FROM OR RELATED TO YOUR USE OF OR RELIANCE ON AI FEATURES, INCLUDING BUT NOT LIMITED TO INCORRECT PRICING, SCHEDULING ERRORS, MISCOMMUNICATIONS WITH CUSTOMERS, LOST BUSINESS OPPORTUNITIES, OR REPUTATIONAL HARM.

AI DAILY REPORT AND AI Q&A — NATURE OF THE FEATURES. Tradesman includes AI features that read your organization's own business records and produce a plain-language daily report on your dashboard, and that answer questions you type about your own operations (together, the "AI Insights Features"). The daily report is generated automatically when your dashboard is loaded and may be regenerated when your underlying business data changes; questions are processed when you submit them, subject to a daily question limit. These features are informational aids, not a system of record, not an audit, not accounting, tax, legal, employment, or safety advice, and not a substitute for reviewing the underlying records yourself. Figures, totals, dates, names, and statuses in an AI-generated report or answer may be incomplete, out of date, or wrong, and you must verify anything you intend to rely on against the actual record in the Service.

AI INSIGHTS FEATURES — WHAT IS SENT FOR PROCESSING. To generate a report or answer a question, we transmit a limited extract of your organization's business data to a third-party AI provider. That extract may include: daily counts and totals (jobs scheduled and completed, service requests received, estimates and invoices sent, payments collected, expenses recorded, hours logged, active clock-ins, and calls received); the titles, statuses, urgencies, priorities, due dates, scheduled dates, sent dates, and monetary amounts of your recent and open jobs, service requests, estimates, invoices, and tasks; the names of the customers associated with those records; internal record identifiers used to link you back to the record in the app; your organization's locale and time zone; and the full text of any question you submit. YOU ACKNOWLEDGE THAT FREE-TEXT FIELDS YOU CONTROL — INCLUDING JOB, TASK, REQUEST, AND ESTIMATE TITLES — ARE TRANSMITTED AS YOU WROTE THEM, AND THAT ANY PERSONAL INFORMATION YOU PLACE IN THEM, INCLUDING CUSTOMER NAMES, ADDRESSES, OR OTHER DETAILS, WILL BE TRANSMITTED WITH THEM. Do not enter into those fields, or into a question, any information you are unwilling to have processed as described in this Section.

AI INSIGHTS FEATURES — PROVIDERS AND LOCATION OF PROCESSING. The extract described above is transmitted through Vercel AI Gateway, operated by Vercel Inc., and processed by large language models operated by Google LLC (the Gemini family of models). Processing occurs on infrastructure located in the United States. We send every one of these requests with a no-prompt-training restriction, which instructs the gateway to route the request only to providers that are contractually barred from using the prompt or the response to train or improve their models; if no such provider is available for the model, the request fails rather than being routed to one that may train on it. Vercel states that AI Gateway itself does not retain prompts or outputs and deletes them once the request completes. Beyond those commitments, these providers process the data under their own terms and policies, which we do not control and which they may change, and WE MAKE NO FURTHER REPRESENTATION OR WARRANTY REGARDING HOW LONG THEY RETAIN PROMPTS OR OUTPUTS OR THE SECURITY PRACTICES THEY APPLY. We may change AI providers or models at any time, including to providers not named here, and will update these Terms to reflect a material change.

AI INSIGHTS FEATURES — YOUR DATA STAYS YOURS AND STAYS INSIDE YOUR ORGANIZATION. In plain terms: these features exist only to serve your own business, using your own records, for your own people. A daily report or answer is generated only from the business data belonging to your organization, and is returned only to users of your organization who hold the permissions required to view that data, under the same role-based access controls that govern the rest of the Service. We do not combine your business records with those of another organization, do not use your records to generate reports, answers, suggestions, or any other output for another organization or for any other customer, do not sell or rent your business records or AI prompts or outputs, do not use them for advertising or to build marketing profiles, and do not disclose them to third parties except to the service providers necessary to operate the Service (as described in our Privacy Policy) or where legally compelled. We may use aggregated, de-identified operational metrics about the AI Insights Features — such as request counts, latency, token consumption, and error rates — to monitor cost, reliability, and abuse, and to improve the Service.

AI INSIGHTS FEATURES — WHAT WE STORE. We store the questions you submit and the answers returned, together with the associated organization, the submitting user, the date, and processing metadata such as token counts, timing, and any error. We do this to enforce the daily question limit, to operate and debug the feature, to monitor cost and abuse, and to maintain a record of what the feature told you. These records are part of your organization's data, are subject to the retention practices described in our Privacy Policy, and are deleted or deactivated with your organization's data. Note that a submitted question consumes one of your daily questions even if processing subsequently fails or returns no usable answer.

AI INSIGHTS FEATURES — YOUR OBLIGATIONS AND CONTROLLER RESPONSIBILITIES. As set out in our Privacy Policy, your organization is the controller of the customer and technician data you submit, and Tradesman acts as your processor. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOU HAVE A LAWFUL BASIS TO PROCESS YOUR CUSTOMERS' AND TECHNICIANS' PERSONAL INFORMATION THROUGH AUTOMATED AI SYSTEMS AND THIRD-PARTY AI PROVIDERS, AND FOR MAKING ANY DISCLOSURE OR OBTAINING ANY CONSENT THAT APPLICABLE LAW REQUIRES YOU TO MAKE OR OBTAIN FROM THEM, including under state privacy statutes, the GDPR or UK GDPR where applicable, and any professional or contractual confidentiality obligation you owe. The AI Insights Features are enabled by default, and there is currently no self-service setting to switch them off; if you do not wish your business data processed as described in this Section, contact us at hello@trytradesman.com and we will disable them for your organization. Once disabled, no data from your organization is transmitted to any AI provider for these features: your daily report shows only your own figures with no AI-generated summary, and the AI Q&A becomes unavailable to your users. You further agree not to use the AI Q&A to attempt to extract data belonging to another organization, to probe, reverse-engineer, or manipulate the underlying model or its instructions, or to submit information you are not authorized to disclose.

AI RECEPTIONIST — NATURE OF THE FEATURE. The AI Receptionist is an optional, automated, best-effort answering tool. IT IS NOT A GUARANTEED, MONITORED, STAFFED, OR SUPERVISED ANSWERING SERVICE, AND IT IS NOT A SUBSTITUTE FOR A HUMAN ANSWERING YOUR PHONE. WE DO NOT WARRANT ANY LEVEL OF UPTIME, AVAILABILITY, ANSWER RATE, RESPONSE TIME, CALL QUALITY, TRANSCRIPTION ACCURACY, OR CALL COMPLETION, AND WE OFFER NO SERVICE LEVEL AGREEMENT, UPTIME COMMITMENT, OR SERVICE CREDITS OF ANY KIND. The AI Receptionist depends on third-party telephony, carrier, voice, network, and AI model providers (including Retell and their upstream providers), on the public telephone network, and on your own phone equipment, carrier, and call-forwarding configuration, none of which we control.

AI RECEPTIONIST — FAILURE MODES YOU ACCEPT. You acknowledge and agree that, at any time and without notice, the AI Receptionist may: (a) be unavailable, degraded, delayed, or entirely offline due to outages, incidents, maintenance, deploys, capacity limits, rate limiting, provider suspension, expired or reclaimed phone numbers, billing or payment problems, exhausted included minutes, or software defects and bugs; (b) fail to answer a call, ring without answering, answer after a long delay, drop or disconnect a call in progress, produce silence, echo, distortion, or unintelligible audio, talk over the caller, or fail to transfer, route, or escalate a call; (c) mishear, misspell, truncate, or fabricate a caller's name, callback number, address, availability, or description of the problem, including as a result of accents, background noise, poor connections, or languages the AI does not support; (d) misjudge urgency, misidentify the caller, fail to recognize an existing customer, or answer questions about your pricing, availability, scope of work, licensure, or policies inaccurately or in a manner you would not have chosen; (e) fail to create — or create late, duplicated, incomplete, or inaccurate — service requests, bookings, customer records, notes, transcripts, or recordings; (f) fail to notify you at all, or notify you late, by push notification, email, in-app alert, or any other channel; (g) answer calls you expected it not to answer, or not answer calls you expected it to answer, including as a result of business-hours, timezone, answering-mode, area-code, or call-forwarding misconfiguration by you or your carrier; or (h) be changed, limited, repriced, suspended, or permanently discontinued as provided elsewhere in these Terms. THESE ARE KNOWN AND ACCEPTED CHARACTERISTICS OF AN AUTOMATED VOICE SYSTEM, NOT BREACHES OF THESE TERMS.

AI RECEPTIONIST — CALLER CONDUCT AND MINUTE CONSUMPTION. YOU ARE SOLELY RESPONSIBLE FOR ALL CALLS PLACED TO YOUR AI RECEPTIONIST NUMBER AND FOR ALL MINUTES THOSE CALLS CONSUME, REGARDLESS OF WHO PLACED THE CALL OR FOR WHAT PURPOSE. You acknowledge that callers, not we, control the duration and content of their calls, and that any caller — including a customer, a robocaller, a telemarketer, a spam or scam caller, a competitor, a disgruntled person, an automated dialer, or a person deliberately testing or abusing the system — may prolong, repeat, loop, or manipulate calls, hold the line open, keep the conversation going indefinitely, or attempt to elicit off-topic, inappropriate, or inaccurate statements from the AI, and may thereby consume your included minutes, exhaust your plan, and cause new calls to pause. We do not screen, moderate, authenticate, or block inbound callers, do not guarantee spam or robocall filtering, and DO NOT REFUND, CREDIT, OR RESTORE MINUTES CONSUMED BY UNWANTED, ABUSIVE, FRAUDULENT, DUPLICATE, TEST, OR ERRONEOUS CALLS. You are solely responsible for monitoring your usage, for choosing an appropriate tier, and for maintaining an alternative means for customers to reach you when minutes are exhausted or the feature is unavailable.

AI RECEPTIONIST — NOT AN EMERGENCY OR TEXT MESSAGING SERVICE. THE AI RECEPTIONIST IS NOT AN EMERGENCY SERVICE AND MUST NOT BE USED, PUBLISHED, OR ADVERTISED AS ONE. It does not support 911 or any other emergency service, cannot dispatch emergency responders, cannot assess danger or risk, and must not be relied upon for any call involving a gas leak, fire, flood, electrical hazard, carbon monoxide, structural failure, medical emergency, or any other circumstance involving a risk to life, health, safety, or property. THE AI RECEPTIONIST HANDLES VOICE CALLS ONLY. IT DOES NOT SEND OR RECEIVE TEXT OR SMS MESSAGES, MMS, PICTURE MESSAGES, VOICEMAIL LEFT WITH A CARRIER, FAXES, OR MESSAGES FROM ANY MESSAGING APPLICATION, and any such message directed to an AI Receptionist number may be rejected or silently discarded and may never be delivered to, stored for, or seen by you or by us. You are solely responsible for how you publish, advertise, forward, and describe your AI Receptionist number, for any expectation you create in your customers about how that number behaves, and for maintaining a monitored, human-answered channel for urgent, emergency, and text-based communications.

AI RECEPTIONIST — YOUR OBLIGATIONS. By enabling the AI Receptionist you further acknowledge and agree that: (a) inbound calls may be recorded, transcribed, stored, and processed by us and by our telephony and AI providers, and YOU ARE SOLELY RESPONSIBLE FOR PROVIDING ALL DISCLOSURES AND OBTAINING ALL CONSENTS REQUIRED BY APPLICABLE LAW, including one-party, two-party, and all-party consent recording and wiretapping statutes and any law or regulation requiring that a caller be told they are interacting with an automated system or artificial intelligence rather than a human being; (b) the AI Receptionist acts as your agent and speaks on your behalf, and every statement it makes — including any statement or implication regarding pricing, quotes, availability, scheduling, scope of work, warranties, guarantees, licensure, insurance, or legal or code compliance — is attributable to you and not to us, and does not bind us in any way; (c) you must promptly and independently review each call, transcript, recording, service request, and booking produced by the AI Receptionist, must confirm all details directly with the customer before performing work or relying on them, and must not treat the AI Receptionist as your sole or authoritative record of any customer interaction; (d) you will not configure, prompt, instruct, or use the AI Receptionist to make unlawful, deceptive, discriminatory, or misleading statements, to give professional, legal, medical, or code-compliance advice, to conduct telemarketing or solicitation in violation of the Telephone Consumer Protection Act or any state analog or do-not-call rule, or in any manner requiring a license, registration, or certification you do not hold; and (e) you are responsible for verifying that call forwarding, business hours, timezone, and answering mode are configured as you intend, and for re-verifying them after any change to your phone service, carrier, or settings.

AI RECEPTIONIST — ALLOCATION OF RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ASSUME ALL RISK OF, AND WE DISCLAIM ALL LIABILITY FOR, ANY MISSED, DROPPED, UNANSWERED, DELAYED, MISHANDLED, MISROUTED, MISTRANSCRIBED, OR ERRONEOUS CALL, ANY OUTAGE, BUG, OR DEFECT IN THE AI RECEPTIONIST, AND ANY AND ALL CONSEQUENCES THEREOF, INCLUDING BUT NOT LIMITED TO MISSED OR LOST LEADS, UNBOOKED, MISBOOKED, DOUBLE-BOOKED, OR MISSED JOBS AND APPOINTMENTS, DELAYED OR ABSENT RESPONSE TO A CUSTOMER, WORK PERFORMED ON INCORRECT INFORMATION, PROPERTY DAMAGE OR PERSONAL INJURY OCCURRING WHILE A CALLER AWAITED A RESPONSE OR AS A RESULT OF ANY STATEMENT MADE OR OMITTED BY THE AI, LOST REVENUE OR PROFITS, LOST, DAMAGED, OR TERMINATED CUSTOMER RELATIONSHIPS, CONTRACTUAL PENALTIES OR LIQUIDATED DAMAGES, NEGATIVE REVIEWS, LOSS OF GOODWILL, REPUTATIONAL HARM, REGULATORY INVESTIGATIONS OR FINES, AND ANY DECLINE, INTERRUPTION, INSOLVENCY, FAILURE, OR CLOSURE OF YOUR BUSINESS. YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISSATISFACTION WITH THE AI RECEPTIONIST IS TO DISABLE THE FEATURE, STOP FORWARDING CALLS TO IT, AND CANCEL THE ADD-ON. ANY LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED REMAINS SUBJECT IN ALL CASES TO THE LIMITATION OF LIABILITY SECTION BELOW. You acknowledge that the AI Receptionist is priced on the express understanding that the risks described in this Section are allocated to you, and that we would not offer the feature at the stated price without this allocation.

9. Third-Party Services and Integrations

The Service integrates with and relies upon third-party services including but not limited to: Clerk (authentication and identity), Stripe (payment processing), Supabase (database and storage hosting), Sentry (error monitoring and diagnostics), PostHog (product analytics and session recording), Retell (AI voice and receptionist), RevenueCat (subscription management), Apple and Google app store services, Expo (mobile push notifications), Google Maps Platform services, Google Places, Google Routes, Google Route Optimization, Google Navigation SDK or Navigation Connect, Waze, Apple Maps, other mapping and geocoding services, email delivery services, and calendar providers. These third-party services are governed by their own terms of service and privacy policies, which you should review. WE HAVE NO CONTROL OVER AND ASSUME NO RESPONSIBILITY FOR THE CONTENT, PRIVACY POLICIES, PRACTICES, AVAILABILITY, ACCURACY, OR FUNCTIONALITY OF ANY THIRD-PARTY SERVICES. Your use of third-party services is entirely at your own risk. We are not liable for any loss or damage caused by your reliance on or interaction with any third-party service, including but not limited to service outages, data breaches at third-party providers, changes to third-party pricing or features, changes to terms, suspension of our account or API keys, quota exhaustion, rate limits, inaccurate data, or discontinuation of any third-party service.

The Service includes Google Maps features and content. By using any Google Maps, Google Places, routing, geocoding, route optimization, navigation, map display, address autocomplete, place lookup, ETA, distance, traffic, or related feature in the Service, you acknowledge that your use of those Google Maps features and content is also subject to the then-current Google Maps End User Additional Terms of Service at https://maps.google.com/help/terms_maps/ and the Google Privacy Policy at https://policies.google.com/privacy, as they may be updated by Google from time to time.

Google Maps, Google Places, Google Routes, Google Route Optimization, Google Navigation SDK or Navigation Connect, Waze, Apple Maps, and similar providers may supply maps, place names, addresses, geocodes, coordinates, routes, stop sequences, distance estimates, duration estimates, ETAs, traffic information, road-snapped positions, trip states, and other data or content. That content is not created or verified by us. You may not scrape, bulk download, index, cache, store, export, rehost, resell, remove attribution from, modify attribution for, create a competing mapping dataset from, or otherwise misuse Google Maps content or any other provider content except as expressly permitted by the applicable provider terms and the Service. We may suspend, restrict, alter, or remove any mapping, routing, place, navigation, or location feature at any time if required by a provider, applicable law, quota or billing limits, security concerns, or our own operational judgment.

10. Location Tracking and Geofencing

The Service may include optional location tracking and geofencing features for field technicians when enabled by the organization administrator. If enabled, the Service may collect GPS coordinates, movement data, geofence entry and exit events, route and ETA data, and background location data from a technician's mobile device while the technician is clocked in, en route, using dispatch features, or otherwise using a location-enabled workflow. Organization administrators are solely responsible for: (a) complying with all applicable federal, state, and local laws regarding employee, contractor, vehicle, and device location monitoring, including obtaining any required notices, consents, written acknowledgments, collective-bargaining approvals, or policy updates; (b) informing technicians about the scope, purpose, frequency, retention, and duration of location tracking; (c) ensuring that location tracking complies with applicable labor laws, employment agreements, customer privacy obligations, and workplace policies; (d) configuring location, geofence, call-forwarding, routing, and dispatch settings appropriately; and (e) maintaining a lawful basis to process the location data of technicians, customers, and job sites. We provide the technology; you bear full legal responsibility for how you use it.

MAPS, ROUTES, GEOFENCES, ETAS, DISTANCES, TRAFFIC DATA, OPTIMIZED STOP ORDERS, NAVIGATION LINKS, ARRIVAL/DEPARTURE EVENTS, AND LOCATION SNAPSHOTS ARE ESTIMATES AND OPERATIONAL AIDS ONLY. They may be inaccurate, incomplete, delayed, stale, unavailable, or unsuitable for a particular route, job site, customer, vehicle, road, weather condition, traffic condition, legal restriction, or safety situation. Actual conditions may differ from the Service and from third-party mapping results. Drivers and dispatchers must exercise independent judgment, obey all traffic laws and posted signs, verify destinations, avoid unsafe or illegal routes, and disregard any instruction that appears unsafe, unlawful, impractical, or inconsistent with real-world conditions. The Service is not an emergency dispatch system, fleet safety system, autonomous vehicle system, hazardous-material routing system, law-enforcement tool, or safety-critical navigation product.

If Navigation Connect, Google Navigation SDK, Waze, Google Maps, Apple Maps, or a similar navigation handoff is enabled, a trip token, destination, place ID, coordinates, route request, or related trip information may be passed to the third-party navigation provider, and that provider may return or publish trip telemetry such as road-snapped location, remaining distance, remaining duration, ETA, trip state, update time, and related diagnostics. You acknowledge that these features depend on third-party apps, carrier networks, mobile operating systems, device permissions, batteries, background execution, provider accounts, API quotas, experimental or pre-general-availability APIs, and data supplied by Google, Waze, Apple, or other providers. We do not guarantee that any trip will be created, opened, tracked, updated, completed, or accurately reported, and we are not liable for missed, late, wrong, duplicated, or absent location, ETA, route, geofence, arrival, or trip-status information.

11. Communications and Notifications

By using the Service, you consent to receive transactional and service-related communications from us, including but not limited to email notifications, push notifications, in-app alerts, and SMS messages where applicable. These communications may include job updates, schedule changes, invoice and payment notifications, service request alerts, system announcements, and security alerts. You may manage certain notification preferences within the Service, but some transactional and security-related communications cannot be opted out of while you maintain an active account. For marketing communications, we will obtain your consent where required by applicable law and provide an opt-out mechanism.

12. Intellectual Property

The Service, including all software, code, algorithms, designs, graphics, logos, trademarks, trade names, documentation, and all other intellectual property embodied in or associated with the Service, are and shall remain our exclusive property or the property of our licensors. These Terms do not grant you any right, title, or interest in the Service except for the limited right to use the Service in accordance with these Terms. You shall not copy, modify, distribute, sell, lease, sublicense, reverse-engineer, decompile, or disassemble any part of the Service. Any feedback, suggestions, or ideas you provide about the Service may be used by us without any obligation to you.

13. Copyright and DMCA

We respect the intellectual property rights of others. If you believe that content on the Service infringes your copyright, please contact us at the email address provided in the Contact section with: (a) a description of the copyrighted work; (b) identification of the allegedly infringing material; (c) your contact information; (d) a statement of good faith belief that the use is not authorized; and (e) a statement under penalty of perjury that the information is accurate and you are the copyright owner or authorized to act on the owner's behalf. We reserve the right to remove allegedly infringing content and to terminate the accounts of repeat infringers.

14. Service Availability, Modifications, and Discontinuation

We reserve the right, in our sole and absolute discretion, to start, launch, update, modify, change, suspend, disable, restrict, or permanently discontinue the entire Service — or any feature, portion, or aspect thereof — at any time, for any reason or for no reason at all, with or without prior notice, and without any liability to you or any third party. This includes the right to permanently shut down the Service in its entirety. WE DO NOT GUARANTEE THAT THE SERVICE WILL BE AVAILABLE AT ALL TIMES OR WITHOUT INTERRUPTION. THE SERVICE MAY BE SUBJECT TO OUTAGES, SLOWDOWNS, ERRORS, BUGS, DATA LOSS, AND OTHER PROBLEMS. You acknowledge that: (a) you have no property right, vested right, or entitlement to continued access to the Service or to any specific feature or functionality; (b) no representations have been made to you regarding the Service's continued existence or availability; and (c) you may permanently lose access to Your Content if the Service is discontinued. We strongly recommend that you maintain independent, regularly updated backups of all Your Content and business data, and that you do not rely exclusively on the Service as your sole record-keeping system.

15. Disclaimers of Warranties

THE SERVICE IS PROVIDED STRICTLY ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, COMPLETENESS, CONTINUOUS AVAILABILITY, OR COMPATIBILITY WITH ANY PARTICULAR HARDWARE OR SOFTWARE. WE DO NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR VIRUS-FREE, OR THAT DEFECTS WILL BE CORRECTED.

WE DO NOT GUARANTEE, REPRESENT, OR WARRANT: (a) THE OUTCOMES OF ANY JOB, PROJECT, OR SERVICE ARRANGED, TRACKED, OR COMMUNICATED THROUGH THE SERVICE; (b) THE PAYMENT, CREDITWORTHINESS, OR RELIABILITY OF ANY CUSTOMER; (c) THE ACCURACY OF ANY ESTIMATE, INVOICE, PAYROLL CALCULATION, TAX COMPUTATION, OR FINANCIAL REPORT GENERATED THROUGH THE SERVICE; (d) THE QUALITY, SAFETY, LEGALITY, OR TIMELINESS OF ANY SERVICES PROVIDED BY ANY USER; (e) THE ACCURACY, RELIABILITY, OR APPROPRIATENESS OF ANY AI-GENERATED CONTENT OR RESPONSE, OR THAT THE AI RECEPTIONIST WILL ANSWER, COMPLETE, RECORD, TRANSCRIBE, OR ACT UPON ANY PARTICULAR CALL; (f) THE ACCURACY OF LOCATION TRACKING, GEOFENCING, OR ROUTING DATA; (g) THE DELIVERY, RECEIPT, OR TIMELINESS OF ANY NOTIFICATION OR COMMUNICATION; (h) THE AVAILABILITY OR PERFORMANCE OF ANY THIRD-PARTY SERVICE; OR (i) THE SECURITY OF ANY DATA TRANSMITTED THROUGH OR STORED BY THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, DATA, USE, OR OTHER INTANGIBLE LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY.

WITHOUT LIMITING THE FOREGOING, OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00). THIS LIMITATION APPLIES REGARDLESS OF THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DAMAGES, LOSSES, OR EXPENSES ARISING FROM: (a) YOUR RELIANCE ON ANY CONTENT, INFORMATION, OR DATA GENERATED BY THE SERVICE, INCLUDING AI FEATURES; (b) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA; (c) THE CONDUCT OF ANY THIRD PARTY ON OR THROUGH THE SERVICE; (d) LOSS OF BUSINESS, CUSTOMERS, OR REVENUE; (e) PROPERTY DAMAGE OR PERSONAL INJURY ARISING FROM SERVICES ARRANGED THROUGH THE SERVICE; (f) INACCURACIES IN LOCATION TRACKING, SCHEDULING, ROUTING, OR TIME TRACKING; (g) ERRORS IN PAYROLL, TAX, OR FINANCIAL CALCULATIONS; (h) ANY ACTIONS OR INACTIONS OF THIRD-PARTY SERVICE PROVIDERS; OR (i) ANY MISSED, DROPPED, UNANSWERED, DELAYED, MISHANDLED, OR MISTRANSCRIBED CALL, ANY OUTAGE OR DEFECT OF THE AI RECEPTIONIST, OR ANYTHING THE AI RECEPTIONIST SAID, FAILED TO SAY, RECORDED, OR FAILED TO RECORD. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

17. Indemnification

You agree to defend, indemnify, and hold harmless the Company and its affiliates, officers, directors, employees, agents, licensors, and service providers from and against any and all claims, demands, actions, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or in connection with: (a) your use of or access to the Service; (b) Your Content or any data you submit to the Service; (c) your violation of these Terms; (d) your violation of any applicable law, regulation, or third-party right; (e) the services you provide to your customers; (f) your use of AI Features and any communications generated thereby, including the AI Receptionist and any call it answered, failed to answer, recorded, or transcribed, and any claim by a caller, customer, or other third party relating to an AI-handled call (including claims under call recording, wiretapping, eavesdropping, automated-system or AI disclosure, telemarketing, or do-not-call laws); (g) your use of location tracking features; (h) any employment dispute, labor law claim, or worker classification issue involving your technicians; (i) any tax liability, including failure to properly withhold, report, or remit taxes; (j) any claim by your customers, employees, or contractors; or (k) any claim that Your Content infringes or violates the intellectual property or other rights of any third party. This indemnification obligation shall survive the termination of these Terms and your use of the Service.

18. Dispute Resolution and Arbitration

PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.

You and the Company agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service ("Dispute") shall first be attempted to be resolved through good-faith informal negotiation for a period of at least thirty (30) days. If the Dispute cannot be resolved through informal negotiation, you and the Company agree to resolve the Dispute through binding individual arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules. The arbitration shall be conducted by a single arbitrator in the English language. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

CLASS ACTION AND JURY TRIAL WAIVER: YOU AND THE COMPANY AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU EXPRESSLY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. YOU ALSO WAIVE YOUR RIGHT TO A TRIAL BY JURY. If this class action waiver is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights. Claims for small claims court relief may also be brought in any court of competent jurisdiction.

LIMITATION PERIOD FOR CLAIMS: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS, THE PRIVACY POLICY, OR THE SERVICE MUST BE FILED WITHIN ONE (1) YEAR AFTER THE DATE THE CLAIM OR CAUSE OF ACTION FIRST AROSE. CLAIMS NOT FILED WITHIN THIS PERIOD ARE PERMANENTLY BARRED, REGARDLESS OF ANY STATUTE OF LIMITATIONS OR OTHER LAW TO THE CONTRARY. You acknowledge that this one-year limitation period is a material part of the consideration for your use of the Service, and you expressly agree that one year is a reasonable and fair limitations period.

19. Termination and Suspension

You may stop using the Service and close your account at any time by contacting us. Cancellation of paid subscriptions must be completed before the next billing cycle to avoid additional charges.

We may, in our sole and absolute discretion and without prior notice or liability to you, immediately suspend, restrict, or permanently terminate your access to all or any part of the Service at any time, for any reason or for no reason at all, including but not limited to: (a) violation of these Terms; (b) fraudulent, abusive, or illegal activity; (c) non-payment of fees; (d) extended periods of inactivity; (e) requests by law enforcement or government agencies; (f) security concerns; or (g) our decision to modify, suspend, or permanently discontinue the Service or any portion thereof. The examples listed are illustrative and do not limit our right to terminate for other reasons or for no stated reason. Upon termination, your right to use the Service immediately and automatically ceases. We shall have no liability whatsoever to you for any suspension or termination of your account or access to the Service, regardless of the reason.

Upon termination or cancellation, we may retain Your Content for a commercially reasonable period to comply with legal obligations, resolve disputes, and enforce agreements. After that retention period, we may delete Your Content without further notice. YOU ARE SOLELY RESPONSIBLE FOR EXPORTING AND BACKING UP YOUR CONTENT BEFORE TERMINATION. We shall not be liable for any loss of Your Content following termination.

20. Governing Law

These Terms and any Dispute shall be governed by and construed in accordance with the laws of the State of Wyoming, United States of America, without regard to its conflict of laws principles. To the extent that arbitration is not applicable, you consent to the exclusive jurisdiction of the state and federal courts located in the State of Wyoming for the resolution of any Dispute.

21. Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms where such failure or delay results from circumstances beyond our reasonable control, including but not limited to: acts of God, natural disasters, pandemics, epidemics, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, power outages, internet outages, telecommunications failures, cyberattacks, failures of third-party services or infrastructure, strikes, labor disputes, governmental actions, or any other event that is beyond our reasonable control.

22. Severability and Waiver

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid, illegal, or unenforceable provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving its original intent. Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.

23. Entire Agreement

These Terms, together with our Privacy Policy and any other policies or agreements referenced herein, constitute the entire agreement between you and the Company regarding the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Service.

24. Assignment

You may not assign or transfer these Terms or any rights or obligations hereunder without our prior written consent. We may assign these Terms and all rights and obligations hereunder, in whole or in part, without restriction and without notice, including in connection with a merger, acquisition, reorganization, or sale of assets.

25. Changes to Terms

We reserve the right to modify these Terms at any time in our sole discretion. If we make material changes, we will provide notice by updating the effective date at the top of these Terms and, where feasible, through additional notification methods such as in-app alerts or email. Your continued use of the Service after the effective date of any modification constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Service and close your account.

26. Contact

For legal notices, questions, or concerns regarding these Terms, contact us at: hello@trytradesman.com