Terms of Service

1. Eligibility

You must be at least 18 and able to form a binding contract. The Services are for business use, not personal or household use.

2. Accounts

• Customer creates an organization account and may invite users (employees, contractors, administrators). Customer is responsible for its users and for everything done under its account.

• Keep credentials confidential. Tell us right away at [email protected] if you suspect unauthorized access.

• Provide accurate information and keep it current.

• Personal access tokens and API/MCP credentials are treated like passwords.

3. Subscriptions, fees, and payment

• Fees. Customer pays the fees for the plan selected in the Platform or on an order form. Fees are in U.S. dollars and exclude taxes. Customer pays applicable taxes other than taxes on our income.

• Billing. Subscriptions renew automatically for the same term unless canceled before renewal. We may charge the payment method on file.

• Changes. We may change prices with at least 30 days' notice. Changes take effect at the next renewal.

• Late payment. We may suspend the Platform if fees are more than 15 days overdue, after notice.

• Refunds. Fees are non-refundable except where required by law or stated in writing by us.

• Trials. Free trials and beta features are provided "as is" and may end at any time.

4. Customer Data

"Customer Data" is the data Customer or its users submit to the Platform, or that integrations import at Customer's direction. Examples: customer and contact records, properties, photos, proposals, invoices, schedules, employee and payroll information, messages, and vehicle telematics.

• Ownership. Customer owns Customer Data. Customer grants us a worldwide, limited license to host, copy, process, transmit, and display Customer Data only to provide, secure, support, and improve the Services, and as required by law.

• Customer responsibilities. Customer is responsible for the accuracy and legality of Customer Data, and for having the notices, consents, and rights needed for us to process it. This includes consent to contact its own customers by text and email, and notice to employees about GPS/telematics and payroll data.

• Processing role. For Customer Data, we act as Customer's service provider/processor under our Privacy Policy. A Data Processing Addendum is available on request.

• Aggregated data. We may create de-identified, aggregated data from use of the Services (for example, usage statistics). We may use it for any lawful purpose as long as it doesn't identify Customer or any individual.

• Export and deletion. Customer may export Customer Data while subscribed. After termination, we delete Customer Data within 90 days unless law requires otherwise. Backups roll off on their normal schedule.

5. Acceptable use

You will not, and will not let anyone else:

• break the law, infringe others' rights, or send spam or unlawful messages (including texts or emails sent without consent);

• upload malware, or probe, scan, or test the Services' vulnerability without our written permission;

• get around access controls, usage limits, or rate limits; scrape the Services; or access them to build a competing product;

• reverse engineer the Services except where law allows;

• resell, sublicense, or provide the Platform to third parties other than your authorized users;

• upload information that payment-card security rules (PCI DSS), health privacy law (HIPAA), or similar laws regulate, unless we have agreed in writing. Card data must go through our payment processors' fields only.

We may suspend access that violates this section or threatens the Services or others. We will give notice where practical.

6. Messaging (SMS and email)

The Platform lets Customer send texts and emails to Customer's own customers and staff, using Customer's connected accounts (for example, a TrueDialog SMS account, Microsoft 365, or Gmail). Customer is the sender. Customer is responsible for complying with the TCPA, CAN-SPAM, the CTIA Messaging Principles and Best Practices, carrier policies, 10DLC registration requirements, and state laws (including quiet-hour rules). In particular, Customer will:

• Register its own brand and campaign and publish its own messaging terms and privacy policy. Our SMS Terms cover only messages True Pro sends about its own service.

• Obtain and keep records of valid consent before texting any number, and get express written consent before sending marketing messages.

• Honor opt-outs right away, including requests made by phone, email, or in person. STOP replies received through the Platform are recorded on the matching customer record.

• Identify its business in messages and send only the message types in its registered campaign.

• Not send prohibited content (sex, hate, alcohol, firearms, or tobacco; cannabis; illegal content; phishing; or non-compliant debt collection).

Customer will defend and indemnify us against claims arising from Customer's messaging. We may suspend messaging to protect deliverability or comply with carrier requirements.

7. Third-party services and integrations

The Platform can connect to third-party services Customer chooses to enable, such as QuickBooks, Microsoft 365, Google, Azuga, payment processors, and e-signature providers. Their own terms govern Customer's use of them. Once Customer enables an integration, we exchange data with it as Customer directs. We are not responsible for third-party services, their availability, or how they handle data. They may change or end their APIs, which may affect features.

8. AI features

The Platform includes AI features, such as the assistant, drafting, and automations. These send relevant prompts and Customer Data to AI model providers listed in our Privacy Policy.

• AI output may be inaccurate or incomplete. Review it before you rely on it or send it to anyone. Customer is responsible for decisions and communications based on AI output.

• Our AI providers are contractually prohibited from training their models on Customer Data, and we don't use Customer Data to train third-party foundation models.

• Automations act only within the permissions and approvals Customer configures.

9. Intellectual property

We and our licensors own the Services, including the software, design, content, and trademarks. We grant Customer a limited, non-exclusive, non-transferable right to use the Platform during the subscription for its internal business purposes. If you send feedback or suggestions, we may use them without restriction or payment.

10. Payments processed through the Platform

When Customer accepts payments from its own customers through the Platform, third-party payment processors handle the payment, under their own terms. Customer may need to accept those terms. We do not store full card numbers. We are not a party to transactions between Customer and its customers.

11. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT ALLOWED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED. THIS INCLUDES MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT PROMISE THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. WE DO NOT PROMISE THAT CALCULATIONS (FOR EXAMPLE, PAYROLL, TAX, JOB COSTING, OR WEATHER-BASED SCHEDULING) ARE RIGHT FOR YOUR SITUATION. YOU ARE RESPONSIBLE FOR CHECKING THEM AND FOR COMPLYING WITH EMPLOYMENT, TAX, AND ACCOUNTING LAWS.

12. Limitation of liability

TO THE FULLEST EXTENT ALLOWED BY LAW, NEITHER PARTY IS LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, OR DATA, EVEN IF TOLD THEY WERE POSSIBLE. EACH PARTY'S TOTAL LIABILITY UNDER THESE TERMS IS LIMITED TO THE AMOUNTS CUSTOMER PAID US IN THE 12 MONTHS BEFORE THE EVENT THAT GAVE RISE TO THE CLAIM. FOR WEBSITE-ONLY USE, THE LIMIT IS $100. THESE LIMITS DO NOT APPLY TO CUSTOMER'S PAYMENT OBLIGATIONS, A PARTY'S INDEMNITY OBLIGATIONS, OR LIABILITY THAT LAW DOES NOT ALLOW TO BE LIMITED.

13. Indemnification

Customer will defend, indemnify, and hold us harmless from third-party claims arising from Customer Data, Customer's messaging, Customer's violation of these Terms or the law, or disputes between Customer and its customers or employees. We will defend Customer against third-party claims that the Platform, as we provide it, infringes a U.S. intellectual property right. We will pay the resulting damages awarded or settlements we agree to.

14. Term, suspension, and termination

These Terms apply while you use the Services. Either party may end a subscription at the end of the current term by canceling in the Platform or giving notice. Either party may terminate for a material breach that isn't fixed within 30 days of notice. We may suspend or terminate right away for non-payment beyond the grace period, serious acceptable-use violations, or if the law requires it. Sections 4 (export and deletion), 9, and 11-17 survive termination.

15. Changes to these Terms

We may update these Terms. We will tell you about material changes at least 30 days before they take effect, by email or in the Platform. Using the Services after the effective date means you accept the changes. If you don't agree, stop using the Services and cancel before the change takes effect.

16. Governing law and disputes

The laws of the State of Arizona govern these Terms, without regard to its conflict-of-laws rules. Each party agrees to the exclusive jurisdiction of the state and federal courts in Arizona. Before filing a claim, each party will try in good faith to resolve the dispute informally for 30 days. Either party may seek an injunction to protect its intellectual property or confidential information.

17. General

• Entire agreement. These Terms, plus the policies and order forms they reference, are the entire agreement between the parties.

• Assignment. You may not assign these Terms without our consent, except in a merger or sale of substantially all assets. We may assign them in the same way.

• Force majeure. Neither party is liable for delays beyond its reasonable control.

• Severability and waiver. If any provision is unenforceable, the rest remain in effect. Failing to enforce a provision does not waive it.

• Independent parties. The parties are independent contractors.

• Notices. We send notices to the account email. Send legal notices to [email protected] and 3324 E Ray Rd #655, Higley, AZ 85236.

• Publicity. We may list Customer's name and logo as a customer unless Customer opts out by emailing us.

Contact

True Pro 3324 E Ray Rd #655, Higley, AZ 85236 Email: [email protected]