Terms of Service

1. The Service

Profactr provides a website for your shop and a shop system to run it: customers, work, quotes, status updates and the other features your plan and components include. What each plan and component includes is described at profactr.com/pricing and in the app.

We may improve, change or retire features over time. If we remove a feature your plan includes in a way that materially reduces what you pay for, we will tell you in advance and you may cancel.

2. Your account

You are responsible for the people you invite to your shop, for what they do in it, and for keeping sign-in details private. Tell us right away at [SUPPORT EMAIL] if you believe your account has been accessed without permission.

The information you give at sign-up must be accurate, and you must keep your billing and contact details current.

3. Price, payment and renewal

There is no setup fee and no free trial. You pay your first month when you sign up, and your subscription renews every month on the same day until you cancel. Prices are in US dollars and exclude any taxes, which are added where they apply.

Payments are processed by Stripe. By signing up, you authorize us, through Stripe, to charge your payment method each month for your plan and any components you have switched on.

Components you switch on are charged from that day, with a prorated charge for the rest of the current month. Components you switch off stay on until the end of the month you have paid for, and are not refunded for that month.

If we raise a price, the new price applies to new sign-ups. Your existing price only changes with at least [30] days' notice, and only from a renewal date after that notice. If we lower a price, it applies to you from your next renewal.

4. Failed payments

If a monthly payment fails, Stripe will retry it and we will email you. Your shop keeps working normally for 14 days. If the payment still has not been made after that, we may suspend your shop: your staff can no longer use the shop system and your website may show that it is unavailable, until the balance is paid. Your data is not deleted while your shop is suspended, except as described in section 9.

5. Cancelling, and refunds

There is no contract or minimum term. You can cancel anytime from Settings › Billing. Cancelling stops the next renewal; your shop keeps working until the end of the month you have already paid for.

Payments are non-refundable, except where the law requires a refund or where we choose to give one. Any refund we give is at our discretion and does not oblige us to give others.

6. Your data

You own the data you and your staff put into Profactr, including your customers' details, your work records, photos and files ("Your Data"). You give us permission to store, process, back up and display Your Data only as needed to provide the Service to you, to keep it secure, and to meet our legal obligations.

We back up every shop nightly. You can ask us for a copy of Your Data at any time while your account is open, and for [30] days after it closes, by writing to [SUPPORT EMAIL].

We do not sell Your Data, and we do not use your customers' details to market anything of our own to them.

7. Your customers and your messages

Profactr sends messages to your customers on your behalf: status updates, quotes, appointment reminders and, if you use them, marketing emails and text messages. Those messages go out in your shop's name, and you are responsible for them.

You are responsible for having your customers' permission to contact them as you choose, and for following the laws that apply to your messages, including the CAN-SPAM Act, the Telephone Consumer Protection Act and carrier rules for business texting. Profactr adds an unsubscribe link and your mailing address to marketing emails, and honors opt-outs, but it cannot obtain consent for you.

8. Acceptable use

You may not use the Service to:

• break any law, or help anyone else break one;
• send spam or messages to people who have not agreed to receive them;
• upload anything you do not have the right to share, or anything that infringes someone else's rights;
• try to reach data or accounts that are not yours, probe or disrupt the Service, or get around its limits;
• copy, resell or build a competing product from the Service.

9. Suspension and termination

We may suspend or close your account if you break these terms, if your payment remains unpaid as described in section 4, or if we must do so to protect the Service, other customers or the public. Where we reasonably can, we will warn you first and give you a chance to fix the problem.

After your account closes, we keep Your Data for [30] days so you can ask for a copy, and then delete it, along with its backups within a further [BACKUP RETENTION PERIOD], except where the law requires us to keep it longer.

10. The AI assistant

Some features use artificial intelligence to answer questions about your shop or to draft text. AI can be wrong. Check its answers before you rely on them, and do not treat them as professional, legal or financial advice. You are responsible for what you choose to send or publish.

11. Availability

We work to keep Profactr running and your data safe, but we do not promise that the Service will be uninterrupted or free of errors. We may take it down briefly for maintenance, and we will try to do that outside business hours.

12. Disclaimer

Except as these terms expressly say, the Service is provided "as is" and "as available". To the fullest extent the law allows, we disclaim all other warranties, express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement.

13. Limit of liability

To the fullest extent the law allows, neither of us is liable to the other for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or data, even if told they were possible.

To the fullest extent the law allows, our total liability for any claim arising from these terms or the Service is limited to the amount you paid us in the [12] months before the event that caused the claim.

[ATTORNEY: confirm the cap, the carve-outs, and whether a mutual indemnity belongs here.]

14. Changes to these terms

We may update these terms. If a change is material, we will email the shop's owner at least [30] days before it takes effect. If you keep using the Service after that date, the new terms apply; if you do not agree, you may cancel before then.

15. Governing law and disputes

These terms are governed by the laws of the State of Texas, without regard to its conflict-of-law rules. Any dispute will be brought in the state or federal courts located in [COUNTY] County, Texas, and both of us agree to those courts' jurisdiction.

[ATTORNEY: consider an informal-resolution step and whether arbitration is wanted.]

16. General

These terms, with the prices shown at sign-up, are the whole agreement between us about the Service. If a part of them is found unenforceable, the rest still applies. Not enforcing a part of them is not a waiver of it. You may not transfer this agreement without our written consent; we may transfer it as part of a merger, acquisition or sale of our business.

Referral partners are covered by the separate Partner Agreement, not by these terms.

17. Contact

Profactr LLC, [COMPANY MAILING ADDRESS]. Email [SUPPORT EMAIL].