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 WORKERS, 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. 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 at any time upon reasonable notice. Price changes for existing subscriptions will take effect at the start of the next billing period following 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. 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.

8. AI-Powered Features

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.

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), 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, or discontinuation of any third-party service.

10. Location Tracking and Geofencing

The Service may include optional location tracking and geofencing features for field workers when enabled by the organization administrator. If enabled, the Service may collect GPS coordinates, movement data, and geofence entry/exit events while a worker is clocked in, including through background location tracking when the mobile application is not actively in use. Organization administrators are solely responsible for: (a) complying with all applicable federal, state, and local laws regarding employee location monitoring, including obtaining any required notices or consents; (b) informing workers about the scope, purpose, and duration of location tracking; (c) ensuring that location tracking complies with applicable labor laws and employment agreements; and (d) configuring location tracking settings appropriately. We provide the technology; you bear full legal responsibility for how you use it.

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 may update, modify, suspend, or discontinue any aspect of the Service at any time, with or without notice, for any reason, including but not limited to adding or removing features, changing pricing, performing maintenance, addressing security issues, or for business reasons. 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 you have no right to rely on the continued availability of any specific feature or functionality. We recommend that you maintain independent backups of Your Content.

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; (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; OR (h) ANY ACTIONS OR INACTIONS OF THIRD-PARTY SERVICE PROVIDERS. 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; (g) your use of location tracking features; (h) any employment dispute, labor law claim, or worker classification issue involving your workers; (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.

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 discretion and without prior notice or liability, suspend or terminate your access to all or any part of the Service for any reason, 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) discontinuation of the Service. Upon termination, your right to use the Service immediately ceases.

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