Last updated: [DATE] — DRAFT, pending legal review. This is a first-pass draft and should not be relied on as final legal terms until reviewed by counsel.
These Terms of Service ("Terms") govern access to and use of the ServiTacto platform (the "Service"), operated by [Legal Entity Name] ("ServiTacto," "we," "us," or "our"). By creating an account, accessing, or using the Service, you agree to be bound by these Terms on behalf of yourself and, if applicable, the company you represent ("Customer," "you," or "your"). If you do not agree, do not use the Service.
ServiTacto is a multi-tenant, subscription-based software platform for field service businesses, providing service order management, scheduling, GPS-based employee timeclock, inventory and procurement tracking, customer billing and invoicing, a customer-facing portal, and integrations with third-party services such as payment processing and payroll.
You must provide accurate registration information and keep it up to date. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account, including accounts created for your employees or authorized users. You must notify us promptly of any unauthorized use of your account.
Each Customer’s data is isolated from every other Customer’s data — the Service is architected as a multi-tenant system where each Customer account operates within its own logically separated workspace.
Paid subscriptions are billed on the plan and terms presented to you at signup or as separately agreed in writing. Payment processing for subscription fees and any in-app customer payment features is handled by our third-party payment processor, Stripe — we do not store your full payment card details. Fees are non-refundable except as required by law or as we otherwise state in writing.
We may change our fees on prospective notice. Continued use of the Service after a fee change takes effect constitutes acceptance of the new fees.
You agree not to: (a) use the Service for any unlawful purpose; (b) attempt to gain unauthorized access to any account, system, or network related to the Service; (c) interfere with or disrupt the integrity or performance of the Service; (d) reverse engineer or attempt to extract the source code of the Service, except where applicable law permits; or (e) use the Service to store or transmit infringing, defamatory, or otherwise unlawful material.
As between you and us, you own the data you and your employees or customers submit to the Service, including service order records, customer and employee information, inventory data, and financial records ("Customer Data"). You grant us a limited license to host, process, and transmit Customer Data solely as necessary to provide and support the Service.
You are responsible for the accuracy of Customer Data you input, and for having the necessary rights and permissions to submit any personal information about your employees or customers into the Service.
We rely on third-party service providers to operate the Service, including Stripe (payment processing), Gusto (payroll integration, where a Customer connects it), and Amazon Web Services (cloud hosting and infrastructure). Use of these integrations may be subject to those providers’ own terms, which you are responsible for reviewing where applicable.
The Service includes optional GPS-based verification of employee timeclock punches, configurable by each Customer. If enabled, ServiTacto collects device location data at the moment of a clock-in or clock-out event on behalf of the Customer, for the purpose of confirming the punch occurred at or near an expected job site. Customers are responsible for complying with applicable law regarding notice to, and consent from, their own employees before enabling location-based timeclock features, including any state-specific employee location-tracking disclosure requirements.
These Terms remain in effect while you use the Service. You may cancel your subscription at any time through your account settings or by contacting us. We may suspend or terminate access to the Service for breach of these Terms, non-payment, or if required by law, with notice where reasonably practicable.
Upon termination, we will make Customer Data available for export for a reasonable period, after which it may be deleted in accordance with our data retention practices.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SERVICE TRACKER WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF THESE TERMS WILL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
You agree to indemnify and hold ServiTacto harmless from any claims, damages, or expenses (including reasonable attorneys’ fees) arising from your use of the Service, your violation of these Terms, or your violation of any rights of a third party, including any employee or customer whose data you submit to the Service.
We may assign this Agreement, in whole or in part, including in connection with a change of business structure, merger, reorganization, or sale of substantially all of our assets, without your consent. You may not assign this Agreement without our prior written consent.
These Terms are governed by the laws of [State/Country], without regard to its conflict-of-laws principles. Any dispute arising under these Terms will be resolved in the courts located in [Jurisdiction], and you consent to personal jurisdiction there.
We may update these Terms from time to time. Material changes will be communicated by posting the updated Terms on this page and updating the "Last updated" date above, and, where required by law, by additional notice. Continued use of the Service after changes take effect constitutes acceptance.
Questions about these Terms can be sent to legal@servicetrackerhq.com.