Terms of Service

TERMS OF SERVICE These Terms of Service ("Terms") govern access to and use of Got2Dev Business Manager (the "Service"), a business software service operated by GOT2DEV, INC. ("GOT2DEV," "we," "us," or "our"). By creating an account, affirmatively accepting these Terms, or using the Service after being presented with these Terms, the authorized person accepting them agrees on behalf of the applicable business ("Business") and represents that the person has authority to bind that Business. These Terms should be read together with the published Privacy Policy, Acceptable Use Policy, Subscription & Payment Terms, Cookie Policy, and Electronic Communications Notice, each to the extent applicable. 1. BUSINESS ACCOUNTS AND AUTHORITY The person registering or administering a Business workspace represents that the person is legally authorized to act for that Business. The Business is responsible for accurate registration and billing details; establishing appropriate employee and customer-portal permissions; reviewing user activity; safeguarding credentials; and promptly reporting suspected unauthorized access. The Business is responsible for the acts and omissions of users to whom it grants access, to the extent permitted by law. Each person using the Service must comply with applicable laws and these Terms. 2. SERVICE AND LICENSE Subject to these Terms and the applicable subscription, GOT2DEV grants authorized users a limited, non-exclusive, non-transferable right to access and use the Service for the Business's legitimate internal operations, subject to the suspension and termination provisions of Section 12. The Service may include customers, estimates, work orders, appointments, recurring-service scheduling, invoices, payments, reports, workforce administration, customer portals, documents, media, integrations, and other features. Availability and permitted usage vary by subscription plan, configuration, technical constraints, and third-party provider availability. We retain all rights in the Service and its underlying technology not expressly granted here. 3. SUBSCRIPTIONS, FREE TRIALS, BILLING PERIODS, AND CANCELLATION The selected plan, recurring price, billing frequency, trial terms, payment obligations, usage limits, and any applicable online-payment platform fees are those expressly presented during registration, checkout, or in Plan & Billing. Public registration is currently configured for a 14-day trial, subject to eligibility and the displayed checkout policy. A trial does not itself create an obligation to pay for a subscription unless and until a paid subscription is expressly authorized through the applicable checkout flow. FREE TRIAL: The free trial is provided for evaluation only, strictly AS IS and AS AVAILABLE, with no promise of uninterrupted availability, bug-free performance, preservation of records, or suitability for any Business's particular operations. The Business should test the Service with noncritical or independently preserved information and assess its suitability before relying on it in live operations. Subject to the exceptions and applicable-law safeguards in Section 14, GOT2DEV's aggregate contractual monetary liability for covered events arising solely during an unpaid free-trial period is US $0.00. MONTHLY SUBSCRIPTIONS: A monthly subscription provides access for the monthly period purchased. A request to stop future renewal may be scheduled through the supported Plan & Billing workflow. Scheduling cancellation switches off future automatic renewal, but does not terminate the current paid month early; access ordinarily continues through the current paid-through date. No partial-month refund or credit is automatically due merely because the Business stops using the Service or schedules period-end cancellation, except where required by law or expressly agreed in writing. ANNUAL SUBSCRIPTIONS: An annual subscription provides access for the annual term purchased, at the annual price disclosed at checkout, which may reflect a discount relative to purchasing twelve separate monthly terms. The annual subscription is a commitment for that annual term. The Business may schedule nonrenewal before the term ends using the supported cancellation mechanism, but doing so does not immediately terminate the annual service term or ordinarily create a refund for unused months. Access generally continues through the paid-through annual expiration date. No prorated annual-term refund or credit is automatically due merely because the Business elects not to renew, reduces usage, or requests cancellation, except where required by law or expressly agreed in writing. RENEWAL AND CHANGES: Unless automatic renewal is disabled before the applicable renewal deadline, a paid subscription may renew for the billing interval disclosed at checkout, subject to applicable notice, consent, cancellation, and automatic-renewal laws. The Business can request cancellation of automatic renewal through the supported account controls while the subscription is eligible for management. Eligible plan or billing-interval changes are scheduled to take effect at the next billing-period boundary, without automatic mid-period prorated charges, credits, or refunds unless expressly displayed or otherwise required. Renewal and cancellation disclosures must be read with the published Subscription & Payment Terms. No provision in these Terms limits cancellation or refund rights that applicable law requires. 4. PAYMENT PROCESSING When enabled, subscription billing or customer invoice payment features may use Stripe-hosted or tokenized processing. GOT2DEV does not receive or store full card numbers, card verification values, or bank-account credentials submitted directly through those hosted payment interfaces. Provider fees, connected-account eligibility, settlement timing, refunds, disputes, chargebacks, and payment availability may be governed by the processor's terms. A Business remains responsible for reviewing its own invoices, payment allocations, fees, and reconciliations. Amounts the Business's customers pay through invoice-payment processing are not GOT2DEV subscription fees. 5. CUSTOMER DATA, BACKUPS, AND BUSINESS RESPONSIBILITIES The Business controls the content, accuracy, legitimacy, and permitted disclosure of the operational and customer data it enters, generates, or uploads ("Customer Data"). It is responsible for obtaining appropriate permissions and notices, maintaining records required by its industry, checking calculations and outputs, and determining whether materials are appropriate for its authorized users and customer-portal recipients. Business media is internal by default unless an authorized user makes an eligible record relationship customer-visible through supported controls. INDEPENDENT RECORDS AND BACKUPS: The Business is responsible for retaining independent copies of its source documents, customer contacts, financial records, photographs, and other information important to its operations, and for preserving available exports or copies obtainable through supported Service features. The Business should establish reasonable continuity procedures for temporary interruptions or loss of access. The Service is not warranted to be an archival, full-tenant-export, independent-backup, or guaranteed disaster-recovery solution. Not every item of data or associated metadata is necessarily available through a single export feature; these Terms do not represent that a comprehensive tenant-export feature currently exists. DATA LOSS: Electronic records may be lost, corrupted, misfiled, delayed, deleted, or temporarily or permanently unavailable due to bugs, user actions, infrastructure or provider failures, security incidents, or other causes. To the maximum extent permitted by law, GOT2DEV disclaims warranties guaranteeing preservation, restoration, completeness, or recoverability of every item of Customer Data, and liability for covered data-loss damages is subject to Section 14. These disclaimers do not waive statutory data-security, privacy, breach-notification, or other non-waivable duties. 6. PRIVACY AND SECURITY Personal information is handled as described in the published Privacy Policy. We maintain administrative, technical, and application safeguards designed to protect the Service, including identity controls, tenant-scoped authorization, security logging, secure transport, and infrastructure security features where configured. No internet-accessible system is completely secure. The Business is responsible for reasonable device security, authorized account access, credential handling, and its own legal basis for processing Customer Data. Nothing in these Terms excuses GOT2DEV from a security or privacy duty imposed by applicable law, including obligations that cannot be excluded contractually. 7. ACCEPTABLE USE The Business and its users must comply with the published Acceptable Use Policy. Prohibited conduct includes unlawful activity, fraud, unauthorized access, attempts to compromise tenant isolation or security controls, distribution of malicious software, abusive use of automation or infrastructure, and transmission or storage of content without required rights or authority. We may investigate and take proportionate protective measures where permitted by law and these Terms. 8. INTELLECTUAL PROPERTY GOT2DEV Business Manager, its software, interfaces, documentation, brand elements, and related technology are owned by or licensed to GOT2DEV, INC. and protected by applicable intellectual-property laws. These Terms do not transfer ownership of the Service or its code. Rights in Customer Data remain with the Business or their respective owners. The Business grants us the permissions reasonably necessary to host, process, display, and transmit Customer Data solely to deliver the authorized Service and fulfill applicable obligations. 9. FEEDBACK If a user voluntarily provides suggestions, feature requests, or other feedback about the Service, the Business and user authorize GOT2DEV to consider and use that feedback to operate, improve, and develop the Service without an obligation to adopt the proposal or pay compensation, subject to applicable law and any express confidentiality commitments. Feedback should not include secrets or information the Business is not authorized to disclose. 10. THIRD-PARTY SERVICES The Service may rely on hosting, databases, storage, email, mapping, payment-processing, communications, and other third-party services. Third-party performance, policies, restrictions, and availability are outside our complete control. Unless expressly promised in a separate written agreement, GOT2DEV does not guarantee that any integration or third-party service will be continuously available or free of defects. The applicable provider's terms may independently govern its services. This section does not exclude any GOT2DEV responsibility imposed by applicable law. 11. AVAILABILITY, BUG REPORTS, AND BUSINESS CONTINUITY THE SERVICE, INCLUDING FREE TRIALS AND PAID PLANS, IS PROVIDED AS IS AND AS AVAILABLE. Unless a separate written agreement explicitly establishes a service-level commitment, GOT2DEV does not warrant uninterrupted or error-free availability, any particular uptime percentage, uninterrupted access to records, or the absence of defects. Outages, maintenance, software errors, unexpected behavior, delayed notifications, failed integrations, and third-party interruptions may occur. Users should promptly report reproducible defects and suspected security problems to support@got2dev.com with enough non-sensitive information to permit investigation. GOT2DEV will review reports, assess their severity and impact, and determine whether, when, and how a correction, workaround, or product change should be made. We do not promise that every reported defect will be fixed, that any specific resolution time will be met, or that an update will resolve every issue. Nothing in this paragraph changes duties to investigate, remedy, or report particular issues where the law requires it. Businesses must maintain reasonable alternate operating procedures for essential appointments, customer communications, recordkeeping, invoicing, and other critical processes. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO SECTION 14, GOT2DEV WILL NOT BE LIABLE FOR LOST PROFITS, REVENUE, BUSINESS OPPORTUNITIES, MISSED APPOINTMENTS, INTERRUPTED OPERATIONS, OR OTHER EXCLUDED FINANCIAL LOSSES ARISING FROM ORDINARY OUTAGES, BUGS, DELAYS, OR UNAVAILABILITY. 12. SUSPENSION, RESTRICTIONS, AND TERMINATION Subject to these Terms, the applicable subscription lifecycle, and applicable law, access may be limited, suspended, or ended for nonpayment, expiration, security threats, fraud, abuse, legal requirements, or material breach. When practicable and appropriate, we may provide notice and a reasonable opportunity to resolve an issue. Scheduling nonrenewal of a healthy paid subscription ordinarily preserves service access through the paid-through monthly or annual date; at that date, access may become restricted or end according to the subscription lifecycle. End-of-term nonrenewal is distinct from an immediate termination for serious breach or security reasons. Ending access does not automatically create a refund. Post-termination access, retention, and handling of data are governed by applicable policy, law, and any separate written commitments. 13. WARRANTY DISCLAIMERS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GOT2DEV BUSINESS MANAGER AND ALL FREE-TRIAL AND PAID FEATURES ARE PROVIDED AS IS AND AS AVAILABLE, WITH ALL FAULTS. GOT2DEV DISCLAIMS ALL WARRANTIES NOT EXPRESSLY PROVIDED IN A SEPARATELY APPLICABLE WRITTEN AGREEMENT, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, TO THE EXTENT SUCH WARRANTIES MAY LAWFULLY BE DISCLAIMED. GOT2DEV DOES NOT WARRANT THAT THE SERVICE WILL BE BUG-FREE, ERROR-FREE, UNINTERRUPTED, SECURE AGAINST EVERY THREAT, COMPATIBLE WITH ALL DEVICES OR PROVIDERS, OR CAPABLE OF PRESERVING OR RECOVERING EVERY RECORD, TRANSACTION, FILE, OR RESULT. REPORTS, CALCULATIONS, AUTOMATED WORKFLOWS, BILLING RECORDS, AND SCHEDULES SHOULD BE REVIEWED BY AUTHORIZED BUSINESS USERS BEFORE THEY ARE RELIED UPON FOR BUSINESS DECISIONS. No disclaimer in these Terms excludes a mandatory warranty, express separately agreed undertaking, or other right that applicable law prohibits us from excluding. 14. LIMITATION OF LIABILITY; FREE-TRIAL AND PAID CAPS EXCLUDED DAMAGES: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GOT2DEV, INC., ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO THE SERVICE, INCLUDING LOST PROFITS, LOST REVENUE, BUSINESS INTERRUPTION, MISSED WORK OR APPOINTMENTS, LOST OPPORTUNITIES, LOSS OF GOODWILL, AND COSTS OF RECONSTRUCTING OR REENTERING LOST OR CORRUPTED DATA, EVEN IF ADVISED SUCH LOSSES WERE POSSIBLE. THIS EXCLUSION IS SUBJECT TO THE NON-WAIVABLE-RIGHTS EXCEPTIONS BELOW. FREE-TRIAL CAP: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FOR CLAIMS ARISING SOLELY FROM EVENTS DURING AN UNPAID FREE TRIAL, GOT2DEV'S TOTAL AGGREGATE MONETARY LIABILITY FOR CLAIMS THAT MAY LAWFULLY BE LIMITED SHALL NOT EXCEED US $0.00. THIS IS AN ATTEMPTED CONTRACTUAL ALLOCATION OF RISK FOR COVERED CLAIMS, NOT A WAIVER OF RIGHTS OR DUTIES THAT THE LAW DOES NOT PERMIT TO BE WAIVED. PAID-SUBSCRIPTION CAP: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FOR CLAIMS ARISING FROM EVENTS DURING A PAID SUBSCRIPTION, GOT2DEV'S TOTAL AGGREGATE MONETARY LIABILITY FOR ALL COVERED CLAIMS SHALL NOT EXCEED EIGHTY PERCENT (80%) OF THE SUBSCRIPTION FEES ACTUALLY PAID BY THE CLAIMING BUSINESS TO GOT2DEV, INC. FOR GOT2DEV BUSINESS MANAGER DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT FIRST GIVING RISE TO THE CLAIM. For this calculation, the applicable date is the date of the event first giving rise to the claim, rather than the later date a claim is reported or decided. Subscription fees include paid amounts for Got2Dev Business Manager subscription access but exclude sales or similar taxes, refunded or reversed amounts, separately imposed payment-processing fees, and customer invoice-payment funds handled for a Business through Stripe or another processor. The cap is cumulative across covered claims by the Business arising under these Terms; claims cannot be divided into separate incidents or legal theories to multiply the same applicable cap. Separate, independent events may require independent application of the agreed measurement rules, subject to applicable law and any controlling court decision. The 80% formula is not a pro rata refund and does not decline automatically with each month of usage after an annual payment; for example, a $1,200 annual subscription payment falling within the applicable preceding 12-month measurement window produces a covered-claims cap of $960, not an unused-month balance. SECURITY AND CONFIDENTIALITY: Claims involving ordinary software or security failures, including alleged accidental loss, corruption, or unauthorized disclosure of Customer Data, are subject to the exclusions and applicable monetary cap above only to the extent that applicable law permits those limitations. The cap does not diminish GOT2DEV's statutory obligations to implement legally required security measures, investigate and give legally required breach notices, or comply with governmental orders. Whether a particular claim may legally be limited depends on its facts, the governing law, and any separate binding agreement. EXCEPTIONS: These exclusions and caps do not apply to fraud, intentional or willful misconduct, or any liability, statutory remedy, or category of conduct to the extent applicable law prohibits its exclusion or limitation. They do not restrict lawful regulatory enforcement, penalties imposed by competent authorities, mandatory privacy or data-security responsibilities, or legally required repayment of money that GOT2DEV has no right to retain. If applicable law requires a broader exception for gross negligence, a particular security event, or another category, that mandatory exception controls. Any separately signed agreement that expressly provides a different limitation controls to the extent stated. The caps are maximum potential contractual exposure for covered claims, not an automatic payment owed to a Business and not a substitute for an applicable refund, chargeback, or repayment rule. This section shall be interpreted only to the maximum extent permitted by applicable law. 15. INDEMNIFICATION To the extent permitted by applicable law, the Business agrees to defend and indemnify GOT2DEV, INC. against third-party claims and reasonable associated expenses arising from the Business's unlawful Customer Data, unauthorized disclosure of records or media by the Business, infringement of a third party's rights through Business-supplied materials, misuse of the Service, or material breach of these Terms. This obligation does not require indemnification for losses caused by GOT2DEV's own conduct to the extent such indemnification is prohibited by law, and does not override mandatory rights of a Business or third party. The parties will provide reasonable notice of a claim and cooperate on its defense as appropriate. 16. FORCE MAJEURE Neither party is responsible for delay or failure to perform nonpayment obligations caused by events beyond its reasonable control, including natural disasters, war, civil disorder, widespread utility or communications failures, large-scale internet or hosting outages, governmental restrictions, labor disruptions, or failures of independent providers. The affected party shall use reasonable efforts to mitigate the effects and resume performance when practicable. This section does not excuse payment obligations already lawfully due or duties that applicable law does not permit the parties to avoid. 17. ASSIGNMENT The Business may not assign these Terms or its subscription without our prior consent except where applicable law requires otherwise. GOT2DEV may assign these Terms in connection with a merger, acquisition, corporate reorganization, or sale of substantially all relevant assets, subject to applicable law and the rights afforded under the Privacy Policy or a separately signed agreement. 18. GOVERNING LAW AND DISPUTE FORUM Unless a separately executed agreement controlling a particular relationship specifies otherwise, these Terms and disputes arising from or related to the Service are governed by the laws of the State of Florida, without applying conflict-of-laws principles that would require another jurisdiction's law. Subject to any mandatory rights concerning venue, jurisdiction, arbitration, or dispute resolution that cannot lawfully be waived, the parties consent to the jurisdiction of the state and federal courts located in or serving Miami-Dade County, Florida, and agree that covered disputes shall be brought in those courts. Nothing in these Terms prevents a party from seeking temporary or injunctive relief where legally available or restricts rights that applicable law makes non-waivable. 19. CHANGES TO THESE TERMS Published revisions are identified by version and effective date. We may revise the Terms to reflect product, provider, operational, or legal changes. Material changes will be communicated through the Service or an available contact method when required by law or an applicable agreement. Where a revision is configured to require renewed acceptance, affected users may be asked to affirmatively accept the revised version before continuing to access protected business functionality. A published version is not silently rewritten by subsequent configuration changes. A change cannot retroactively eliminate a right or remedy that applicable law protects. 20. GENERAL TERMS If any provision is invalid or unenforceable, the remaining provisions remain effective to the extent permitted by law. A delay or failure to enforce a provision is not a waiver. These Terms, together with incorporated published policies and any separately applicable signed order form or agreement, form the agreement concerning the Service on the topics they cover. If an express provision of a separately signed agreement conflicts with these Terms, the separately signed agreement controls to the extent stated in that agreement. No provision waives any right or remedy that applicable law prohibits the parties from waiving. 21. CONTACT Questions about these Terms, defects, billing, or Service availability may be sent to support@got2dev.com. Questions about the legal terms may be sent to legal@got2dev.com or by mail to GOT2DEV, INC., 8520 SW 133 AVE. RD., APT. 122, Miami, FL 33183. Telephone: (786) 975-3187. Product information is available at https://www.got2dev.com.