Terms of Service

Last updated: [DATE]. Effective: [DATE].

Template draft — final review required. This document has been drafted to be comprehensive but has not yet been reviewed by an attorney licensed in your jurisdiction. Before going live, replace every [BRACKETED] placeholder with the corresponding real value (legal entity name, state, address, support email, governing-law venue, etc.) and have an attorney confirm it covers the laws applicable to your business and your customers' locations.

These Terms of Service (the "Terms") form a binding legal contract between you, the business or individual registering an account ("you", "your", or "Customer"), and [LEGAL ENTITY NAME], a [STATE] [LLC/Corp] doing business as MyTradeCrate ("MyTradeCrate", "we", "us", or "our"). By clicking "Create account," checking the box that says you agree to these Terms, or otherwise accessing or using the MyTradeCrate platform, mobile application, web application, APIs, customer portal, public booking widget, and any related services, software, or content (collectively, the "Service"), you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to every provision, you must not access or use the Service.

Important — please read carefully. These Terms include provisions that limit our liability (Section 14), require disputes to be resolved by individual binding arbitration on a non-class basis (Section 18), and waive your right to a jury trial. They also describe a recurring subscription that automatically renews and bills your payment method until you cancel (Section 5). If you do not understand any term, do not click "agree" and instead contact us at [LEGAL EMAIL] before proceeding.

1. Definitions

Account means the MyTradeCrate account opened in your business's name.
Authorized User means a person you authorize to access the Service under your Account using a paid seat.
Customer Content means all data, files, photographs, signatures, text, audio, video, and other materials that you or your Authorized Users upload, transmit, store, or generate using the Service, including information about your own customers, properties, employees, vendors, or jobs.
Documentation means the user guides, help articles, in-app instructions, and policies we make available on the Service.
Subscription Plan means the recurring subscription tier (Basic, Plus, or Pro) and any add-ons (extra seats, extra trades, premium templates, messaging packs, etc.) you select.
Trial Period means the seven (7) day free trial granted when you create your Account, unless we expressly state a different period.
Subprocessors means third-party service providers we use to deliver the Service, listed at /legal/subprocessors.

2. Eligibility and Account Registration

You represent that you are at least eighteen (18) years old and have the legal authority to enter into binding contracts.
If you accept these Terms on behalf of a business or other legal entity, you represent that you have full authority to bind that entity, and "you" refers to that entity.
The Service is intended for use by legitimate, licensed trade and home-service businesses operating in the United States. You must comply with all federal, state, and local licensing, bonding, and insurance requirements for your trade.
You must provide accurate, current, and complete information when registering, and keep it updated. Submitting false or misleading information is a material breach of these Terms and grounds for immediate termination.
You may not create more than one free trial Account, evade prior suspensions by using a different name or email, or register on behalf of a competitor for purposes of benchmarking, scraping, or reverse engineering.

3. Account Security and Acceptable Use

You are solely responsible for safeguarding your login credentials, API tokens, and any device that has an active session. You must notify us immediately at [SUPPORT EMAIL] upon learning of any unauthorized access.
You are responsible for every action taken under your Account, whether or not you authorized it, until you notify us of unauthorized access.
You must not share a single user seat among multiple individuals. Each Authorized User must have their own seat (see Section 6).
We strongly recommend enabling two-factor authentication. We are not liable for losses arising from your decision not to enable it.
You agree to comply with our Acceptable Use Policy, which is incorporated by reference. Violations may result in immediate suspension or termination without refund.

4. License Grant; Reservation of Rights

Subject to your continuous compliance with these Terms and timely payment of all fees, MyTradeCrate grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license during the term to access and use the Service solely for your internal business operations. All right, title, and interest in and to the Service, including all software, code, models, designs, trademarks, logos, service marks, trade dress, user interface, Documentation, and any improvements, derivatives, or feedback, are and remain the exclusive property of MyTradeCrate and our licensors. Nothing in these Terms transfers any intellectual property right to you except the limited license expressly granted in this Section 4.

You will not, and will not allow any third party to:

copy, modify, translate, or create derivative works of the Service;
reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, underlying ideas, algorithms, structure, or organization of the Service, except to the extent expressly permitted by applicable law notwithstanding this restriction;
sell, resell, lease, rent, sublicense, distribute, host as a service for others, or otherwise commercially exploit the Service;
access the Service to build a competing product, to copy any features, or for benchmarking purposes;
remove or alter any proprietary notice on the Service;
use any robot, spider, scraper, or other automated means to access the Service except through the official APIs we publish, in accordance with their usage limits;
circumvent or attempt to circumvent any technical limitations, rate limits, quotas, or security measures of the Service.

5. Subscription, Trial, Fees, and Renewal

5.1 Free Trial

Each new Account receives one (1) seven (7) day Trial Period at no charge. The Trial Period begins when you create your Account and ends on the date shown in your Account settings (the "Trial End Date"). You must provide a valid payment method before the Trial End Date to continue using the Service. If a valid payment method is on file at the Trial End Date, we will charge it automatically for the Subscription Plan you selected during onboarding and continue to bill monthly thereafter until you cancel.

5.2 Recurring Billing; Authorization to Charge

By providing a payment method, you authorize MyTradeCrate and our payment processor, Stripe, Inc. ("Stripe"), to charge that payment method on a recurring monthly basis, in advance, for: (a) the base price of your Subscription Plan, (b) all add-ons you selected (including, without limitation, extra seats at five dollars ($5.00) per seat per month, extra trades at three dollars and ninety-nine cents ($3.99) per trade per month above the first two trades included, premium templates, and Pro messaging packs at the rate displayed in the Service), and (c) any one-time fees disclosed at checkout. You authorize this charge to continue until you affirmatively cancel as described in Section 5.5. Each charge is final when made.

5.3 Pricing Changes

We may modify pricing for any Subscription Plan or add-on. We will provide at least thirty (30) days' advance notice by email and by in-app banner before any price increase takes effect on your Account. Continued use of the Service after the effective date of a price change constitutes your acceptance of the new pricing. If you do not agree to the new pricing, your sole remedy is to cancel before the effective date.

5.4 Failed Payments; Past-Due Accounts

If a charge is declined, we will retry the payment in accordance with Stripe's standard dunning sequence for up to twenty-one (21) days. During that window your Account will enter past-due read-only mode: you will retain access to your historical data, but many features (sending estimates, invoices, SMS, and email; accepting online payments) will be disabled until payment succeeds. If we cannot collect payment by the end of the dunning window, your Subscription will be cancelled and your Account placed in restricted mode pending data export and deletion (see Section 12). You remain responsible for paying any amounts already accrued.

5.5 Cancellation

You may cancel your Subscription at any time from the Billing page or by contacting [SUPPORT EMAIL]. Cancellation takes effect at the end of the then-current monthly billing period; no partial-month refunds are issued except as required by law or our Refund Policy. After cancellation, your Account moves to limited-access mode for ninety (90) days during which you may export your data, and is then permanently deleted unless you reactivate the Subscription.

5.6 Taxes

Fees are exclusive of all sales, use, value-added, GST, withholding, and similar taxes, all of which are your responsibility. If we are required by law to collect a tax, that amount will be added to your invoice.

5.7 Disputes; Chargebacks

If you believe a charge is incorrect, you must contact us at [SUPPORT EMAIL] within thirty (30) days of the invoice date. Initiating a chargeback or payment-dispute through your card issuer or bank without first contacting us is a material breach of these Terms and grounds for immediate suspension; you agree to reimburse us for any chargeback fees we incur.

6. Seats and Authorized Users

Each Subscription Plan includes a set number of user seats: Basic includes one (1) seat, Plus includes two (2) seats, and Pro includes four (4) seats. You may purchase additional seats at five dollars ($5.00) per seat per month, billed on the same recurring cycle. Each Authorized User must be a natural person; you may not assign seats to groups, distribution lists, or shared inboxes. You are responsible for the actions of all your Authorized Users and for ensuring they comply with these Terms and our Acceptable Use Policy. We may revoke seats associated with users who violate these Terms.

7. Customer Content and Data Ownership

You retain all right, title, and interest in and to your Customer Content. MyTradeCrate claims no ownership over Customer Content.
You grant MyTradeCrate a worldwide, non-exclusive, royalty-free license to host, store, copy, transmit, display, modify (solely for format conversion, indexing, or transmission), and process Customer Content solely as necessary to provide, secure, troubleshoot, and improve the Service for you, to comply with law, and to enforce these Terms.
You represent and warrant that (a) you own or have all rights, consents, and permissions necessary to upload and process Customer Content, including any contact information for your own customers and employees; (b) Customer Content complies with all applicable laws (including the Telephone Consumer Protection Act, CAN-SPAM, state privacy laws, and consumer protection laws); and (c) Customer Content does not infringe, misappropriate, or violate any third party's intellectual property, privacy, or other rights.
You acknowledge that MyTradeCrate is a passive conduit for transmitting messages you compose to recipients you designate. You — not MyTradeCrate — are responsible for the content of every message and for obtaining consent from each recipient before sending.
You are solely responsible for maintaining backups of Customer Content. We provide export tools as a convenience but do not guarantee continuous availability or completeness of any specific backup.

8. Aggregated and Service-Improvement Data

We may collect, generate, and use aggregated, de-identified, or statistical data derived from your use of the Service that does not identify you or any natural person ("Service Data") to operate, analyze, improve, market, and develop our products and services. Service Data is and remains our property. We will not re-identify Service Data nor sell Customer Content.

9. Feedback

Any feedback, suggestions, ideas, or recommendations you submit toMyTradeCrate regarding the Service ("Feedback") is non-confidential. You hereby grant MyTradeCrate a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, transferable, sublicensable license to use, reproduce, modify, distribute, and otherwise exploit the Feedback for any purpose, without compensation to you.

10. Third-Party Services and Integrations

The Service integrates with third-party services including, without limitation, Stripe (payments), Resend (email), Telnyx (SMS), Google (Drive, Calendar, Maps), Intuit (QuickBooks Online), Supabase (infrastructure), Vercel (hosting), Backblaze (off-site backup), and Sentry (error monitoring). Your use of any third-party service is governed by the third party's own terms and privacy policy. We do not control and are not responsible for the availability, accuracy, content, or practices of any third-party service. If a third-party service changes its API, terms, pricing, or availability, we may modify or discontinue the integration with reasonable notice. MyTradeCrate is not liable for downtime, data loss, charges, or damages caused by any third-party service.

11. SMS, Email, and Communications

When you send communications (SMS, MMS, voice, or email) through the Service, you do so under your own business identity. You — not MyTradeCrate — are the "sender" under applicable law including the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, 10DLC carrier requirements, and state "mini-TCPA" statutes. You agree to (a) obtain and maintain documented, opt-in consent from every recipient before sending, (b) honor opt-out requests immediately, (c) include any sender identification required by law, and (d) comply with our SMS Consent Policy. You agree to indemnify and hold MyTradeCrate harmless for any claim arising from messages you send through the Service.

12. Data Retention, Export, and Deletion

While your Subscription is active and during the ninety (90) day grace period after cancellation, you may export your Customer Content from the Account export page at any time.
After the ninety (90) day grace period, Customer Content is permanently deleted from production systems, except (a) where retention is required by law or for legitimate fraud, accounting, audit, or tax purposes; (b) backups, which are overwritten in the ordinary course no later than ninety (90) days following grace-period expiration; and (c) records of Subprocessor transactions retained by those Subprocessors (e.g., Stripe retains payment records for seven (7) years for tax compliance).
We will use commercially reasonable efforts to provide thirty (30) days' advance notice before final deletion, with a one-click export link.
If you require a Data Processing Agreement, see /legal/dpa.

13. WARRANTY DISCLAIMER

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MyTradeCrate EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. MyTradeCrate DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM HARMFUL COMPONENTS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CODE. NO ADVICE OR INFORMATION OBTAINED FROM MyTradeCrate OR THROUGH THE SERVICE CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.

14. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MyTradeCrate, ITS AFFILIATES, OR ITS LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, CUSTOMERS, OPPORTUNITIES, OR DATA, WHETHER OR NOT MyTradeCrate HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE).

IN NO EVENT WILL THE AGGREGATE LIABILITY OF MyTradeCrate AND ITS AFFILIATES UNDER OR IN CONNECTION WITH THESE TERMS OR THE SERVICE, WHETHER IN CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EXCEED THE GREATER OF (A) THE AMOUNT YOU ACTUALLY PAID TO MyTradeCrate IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

THE FOREGOING LIMITATIONS APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU; IN SUCH JURISDICTIONS LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

15. Indemnification

You will defend, indemnify, and hold harmless MyTradeCrate and its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against any and all third-party claims, actions, suits, demands, damages, losses, liabilities, settlements, judgments, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to: (a) your or your Authorized Users' use of the Service in violation of these Terms or applicable law; (b) Customer Content or any communications you send through the Service; (c) your relationships and dealings with your own customers; (d) any allegation that you failed to obtain required consents from message recipients or violated the TCPA, CAN-SPAM, or any state mini-TCPA, "junk fax," or anti-spam statute; (e) any tax, license, regulatory, or insurance obligation associated with your trade; or (f) any allegation that Customer Content infringes, misappropriates, or violates a third party's rights. We may, at our option, assume exclusive control of any matter for which you are required to indemnify us, and you agree to cooperate at your expense in our defense.

16. Suspension; Termination

We may suspend or terminate your Account at any time, with or without notice, for: (a) non-payment; (b) any breach of these Terms or our Acceptable Use Policy; (c) fraud, abuse, or activity that creates risk to MyTradeCrate, other customers, or third parties; (d) extended inactivity (twelve consecutive months); (e) any action required by law, court order, or regulatory authority; or (f) at our reasonable discretion if continued operation would be commercially impracticable.
If we terminate your Account for cause, no refunds will be issued and you remain liable for any amounts already accrued.
You may terminate by cancelling your Subscription as described in Section 5.5.
Sections that by their nature should survive termination (including, without limitation, Sections 4, 7–9, 13–15, 17–22) will survive.

17. Confidentiality

Each party (the "Receiving Party") may receive non-public business, technical, or financial information of the other party (the "Disclosing Party") ("Confidential Information"). The Receiving Party will protect Confidential Information with the same degree of care it uses to protect its own confidential information of like importance (and never less than reasonable care), use it only for purposes of these Terms, and not disclose it to any third party except to its employees, contractors, and advisors who have a need to know and are bound by confidentiality obligations no less protective than these. Confidential Information does not include information that is or becomes publicly known through no fault of the Receiving Party, was rightfully known prior to disclosure, is rightfully obtained from a third party without restriction, or is independently developed without use of Confidential Information.

18. Governing Law; Arbitration; Class-Action Waiver

These Terms and any dispute arising out of or related to them or the Service are governed by the laws of the State of [STATE], excluding its conflict-of-laws rules, and by applicable U.S. federal law.

Mandatory binding arbitration. Except for (a) actions seeking injunctive relief for the protection of intellectual property rights and (b) qualifying claims that may be filed in small-claims court, any controversy, claim, or dispute arising out of or relating to these Terms or the Service will be resolved exclusively by final and binding individual arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules and, where applicable, the Consumer Arbitration Rules. The arbitration will be conducted in [CITY, STATE] before a single arbitrator. Judgment on the award may be entered in any court of competent jurisdiction. The Federal Arbitration Act governs the interpretation and enforcement of this Section 18.

Class-action waiver. You and MyTradeCrate each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You and MyTradeCrate each waive any right to a jury trial. If a court or arbitrator decides that any part of this class-action waiver is unenforceable, then the entire arbitration provision shall be null and void, but the remainder of these Terms shall remain in effect.

You have the right to opt out of arbitration. To opt out, you must send written notice to [LEGAL EMAIL] within thirty (30) days after first accepting these Terms, stating your full legal name, business name, the email associated with your Account, and a clear statement that you wish to opt out of arbitration. Opting out does not affect any other provision of these Terms.

19. Force Majeure

Neither party will be liable for any delay or failure in performance (other than payment obligations) caused by conditions beyond its reasonable control, including acts of God, war, terrorism, riots, epidemics, pandemics, governmental orders, internet or telecommunications outages, third-party service failures, supply-chain disruptions, fires, floods, earthquakes, or labor disputes.

20. Modifications to the Service and to These Terms

We may modify, suspend, or discontinue any feature of the Service at any time, with or without notice. We will use commercially reasonable efforts to give advance notice of materially adverse changes.

We may update these Terms from time to time. If we make material changes, we will provide at least thirty (30) days' advance notice by email and by in-app banner. Non-material changes (such as corrections, clarifications, or changes required by law) may be made effective immediately by updating the "Last updated" date. Your continued use of the Service after the effective date of any change constitutes acceptance of the revised Terms. If you do not agree to a change, your sole remedy is to cancel before the effective date.

21. General

Entire agreement. These Terms, together with the Privacy Policy, Acceptable Use Policy, DPA (if executed), Refund Policy, SMS Consent Policy, Cookies Policy, Subprocessors page, and any order form or quote we accept, constitute the entire agreement between you and MyTradeCrate regarding the Service and supersede any prior or contemporaneous agreements.
Order of precedence. If there is a conflict between these Terms and any incorporated policy, these Terms control unless the policy expressly states otherwise.
Severability. If any provision of these Terms is held unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in full force and effect.
No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.
Assignment. You may not assign or transfer your rights or obligations under these Terms without our prior written consent; any attempted assignment without consent is void. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of all or substantially all of our assets.
Independent contractors. The parties are independent contractors. Nothing in these Terms creates any agency, partnership, joint venture, franchise, or employment relationship.
No third-party beneficiaries. There are no third-party beneficiaries to these Terms.
Notices. We may send notices to you by email to the address on file or by in-app banner. You must send notices to us in writing at [LEGAL EMAIL], with a copy by certified mail to [LEGAL ENTITY NAME], [BUSINESS ADDRESS].
Headings. Section headings are for convenience only and do not affect interpretation.
U.S. government end users. The Service is "commercial computer software" as defined in 48 C.F.R. § 2.101. Government use is subject only to the rights set forth in these Terms.
Export controls. You must comply with all U.S. export-control laws. You represent that you are not located in, or a national of, any country subject to a U.S. embargo or on any U.S. denied-persons list.
Counterparts; electronic signature. Acceptance via click-through or electronic signature has the same legal effect as a handwritten signature.

22. Contact

General support: [SUPPORT EMAIL].
Legal notices and arbitration opt-out: [LEGAL EMAIL].
Mailing address: [LEGAL ENTITY NAME], [BUSINESS ADDRESS].