Terms of Service
The short version (the full terms below are what count):
- Wolford Solutions is an early-access product that is still being built. It is provided as-is, and it will change.
- Your data is yours. We will never sell your information or your customers' information. Keep your own copies: you can export everything from Settings at any time.
- You are responsible for your logins, for the data you put in, and for having permission to text and email your customers.
- If something goes wrong, our responsibility is limited to what you paid us in the last 12 months.
- If we ever shut the service down, we will try to give you 30 days' notice and a chance to export, and refund prepaid time you can't use.
- These terms can change at any time. Check this page for updates; the date at the top shows when it last changed.
1. Who we are and what this is
These Terms of Service ("Terms") are an agreement between you and Wolford Solutions Co. ("we", "us", "our"), which operates the Wolford Solutions software and website (the "Service"). By creating an account, clicking "I agree", or using the Service, you accept these Terms and our Privacy Policy. If you do not agree, do not use the Service.
If you use the Service for a business, organization or agency, you accept these Terms on its behalf and confirm you have authority to do so; "you" then means both you and that business. You must be at least 18 years old.
2. Early access
The Service is offered as an early-access product. It is incomplete, it will contain errors, and features may be added, changed, limited or removed at any time, with or without notice. You use it knowing that. Any pricing we have agreed with you in writing for early customers is honored as agreed, but it does not oblige us to keep any particular feature.
If you send us ideas, suggestions or bug reports (for example with the help button), you give us a free, permanent, worldwide right to use them without any obligation to you.
3. Your account and security
- You are responsible for everything that happens under your account and under the logins you create for others, for choosing strong passwords, and for keeping them private.
- You decide who in your business has access and what they can do. We are not responsible for the actions of people you give access to.
- Tell us promptly at the email address on our website if you believe an account has been compromised.
- We may suspend access to protect the Service, other customers or you, including when we suspect unauthorized use.
4. Your data
Ownership. The information you and your team put into the Service, including your customers' details, jobs, quotes, invoices, messages and files ("Your Data"), belongs to you. You give us permission to host, copy, process, transmit and display Your Data only as needed to run, secure, support and improve the Service for you, and as described in the Privacy Policy. We will never sell Your Data.
Your responsibilities. You are solely responsible for Your Data: its accuracy, its legality, and having every right, notice and consent needed to collect it and put it into the Service, including from your own customers and employees. You must not put in payment card numbers, bank account numbers, government ID numbers or health information except in fields built for them, and you do so at your own risk.
Keep your own copies. You can export Your Data at any time from Settings. We take backups to protect the Service, but we do not promise that any backup exists or can be restored for you, and you are responsible for keeping your own copies of anything you cannot afford to lose.
Support access. To help you, our staff may sign in to your account. Every such sign-in is logged. We only do this to provide support, fix problems, secure the Service or meet legal obligations.
5. Messages you send to your customers
The Service can send emails and text messages on your behalf. You are the sender of those messages. You are solely responsible for complying with every law that applies to them, including the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, carrier and messaging-provider rules, state telemarketing and privacy laws, and do-not-call rules. That includes getting and keeping proof of consent, honoring opt-outs, and the content of every message. We may block or stop messages that appear to break these rules.
6. Payments your customers make to you
If you collect payments through the Service, the payment is processed by a third party (such as Stripe) under its own terms, between you, your customer and that processor. We are not a party to those payments and are not responsible for payment disputes, chargebacks, refunds, fraud, holds, fees or anything the processor does.
7. Fees, trials and billing
- Plans and add-ons. Fees are those shown for your plan and add-ons, or those we have agreed with you in writing. Prices do not include taxes; you pay any that apply.
- Trials. A free trial ends on the date shown in the Service. If no payment method is added, the account becomes read-only: you can still see and export Your Data but cannot change it.
- Automatic renewal. Paid plans renew automatically each month or year until cancelled. You authorize us and our payment processor to charge your payment method for each period and for add-ons you choose.
- Cancellation. You can cancel at any time from Settings → Subscription & Billing. Cancellation takes effect at the end of the current period.
- No refunds. Fees are non-refundable, including for partial periods and unused features, except where the law requires otherwise or Section 12 says otherwise.
- Failed payments. If a payment fails and is not fixed within the grace period shown in the Service, the account becomes read-only until it is.
- Price changes. We may change prices with at least 30 days' notice by email or in the Service. The change applies from your next renewal after the notice period. Prices we have agreed with you in writing are honored as agreed.
8. Acceptable use
You must not: break the law or help anyone else break it; send spam or unlawful messages; upload malware; try to get into other customers' data or any part of the Service you aren't authorized to use; test, probe or overload the Service's security or capacity; copy, resell or reverse-engineer the Service except as the law allows; or use it to harass, defraud or harm anyone. We may remove content and suspend or close accounts that do.
9. Other companies' services
The Service connects to services run by other companies, such as Google Calendar, QuickBooks, Stripe, and email and text-message providers. Your use of them is under their terms. We are not responsible for them, for their availability, for changes they make, or for data once it leaves the Service at your direction.
10. Availability and support
We aim to keep the Service running, but we do not promise any level of uptime or that it will be uninterrupted, timely or error-free. It may be unavailable for maintenance, updates, problems at our hosting or other providers, or events outside our control. Support is provided on a reasonable-effort basis.
11. Security and incidents
We use reasonable technical and organizational measures to protect the Service and Your Data, such as encrypted connections, access controls and backups. No system is completely secure, and we do not promise that Your Data will never be lost, altered or accessed without authorization. If we learn that Your Data has been accessed without authorization, we will notify you as the law requires. To the fullest extent the law allows, we are not liable for any unauthorized access, loss or alteration caused by events beyond our reasonable control, including attacks by third parties, failures at our providers, or compromise of your own logins or devices.
12. Ending the agreement, and if we shut the Service down
By you. You may stop using the Service and close your business in Settings at any time.
By us. We may suspend or end your access immediately if you break these Terms, don't pay, or create risk or legal exposure for us or others. We may also end it for any other reason with 30 days' notice.
If we discontinue the Service. We may discontinue the Service, or any part of it, at any time. When we can, we will give at least 30 days' notice by email or in the Service so you can export Your Data, and we will refund any fees you prepaid for time after the Service ends. That refund is your only remedy if the Service is discontinued.
What happens to Your Data. After your account or business is closed, or the Service ends, we may permanently delete Your Data after 30 days. Copies in backups are deleted as those backups expire, normally within a further 30 days. We have no obligation to keep or return Your Data after that.
Sections 4, 5, 6, 7 (for amounts owed), 9, 11, 13, 14, 15, 16 and 18 survive the end of this agreement.
13. Disclaimer
The Service is provided "as is" and "as available", with all faults. To the fullest extent the law allows, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, and any arising from course of dealing or usage. We do not warrant that the Service will meet your requirements, that calculations, estimates, quotes, tax figures, payroll or commission amounts it produces are correct, or that it will be secure or free of errors or data loss. You are responsible for checking anything you rely on, including every amount you quote, invoice, pay or file.
14. Limitation of liability
To the fullest extent the law allows: (a) we will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, business, goodwill, or data, or the cost of replacement services, however caused and even if we were told they were possible; and (b) our total liability for all claims arising out of or relating to the Service or these Terms, together, will not exceed the greater of the amount you paid us for the Service in the 12 months before the event giving rise to the claim, or one hundred US dollars (US $100).
These limits apply to every kind of claim (contract, warranty, negligence, strict liability or otherwise) and even if a limited remedy fails of its essential purpose. Some places do not allow some of these exclusions; in those places they apply as far as the law allows.
15. Indemnity
You will defend, indemnify and hold harmless Wolford Solutions Co., its owners, employees and contractors from any claims, damages, losses, fines and costs (including reasonable attorneys' fees) arising from Your Data, messages you send through the Service, your use of the Service, payments you collect, your dealings with your own customers and employees, or your breach of these Terms or of any law.
16. Resolving disputes
Talk to us first. Before filing any claim, email us at the email address on our website with a description of the problem. We will try to resolve it informally within 30 days.
Binding arbitration. If we can't, any dispute arising out of or relating to these Terms or the Service will be resolved by final and binding individual arbitration administered by the American Arbitration Association under its applicable rules, instead of in court, except that either of us may bring an individual claim in small-claims court, and either of us may seek an injunction in court to protect intellectual property or stop misuse of the Service. The arbitration will take place in the state where Wolford Solutions Co. is organized or by video, and judgment on the award may be entered in any court with jurisdiction.
No class actions, no jury: claims may only be brought individually, not as a plaintiff or class member in any class, collective or representative action, and you and we each waive any right to a jury trial.
Opting out. You may opt out of this arbitration section by emailing us within 30 days of first accepting these Terms, saying so. Opting out does not affect the rest of the Terms.
Time limit. Any claim must be brought within one year after it arises, or it is permanently barred, where the law allows such a limit.
17. Changes to these Terms
We may change these Terms at any time. When we do, we post the new version here with a new effective date. It is your responsibility to check this page regularly for changes. Your continued use of the Service after a change is posted means you accept it. For changes we consider material, we may also tell you by email or in the Service and ask you to click "I agree" before continuing. If you don't agree to a change, stop using the Service and close your account.
18. General
- Governing law. These Terms are governed by the laws of the state where Wolford Solutions Co. is organized and applicable US federal law, without regard to conflict-of-law rules. Subject to Section 16, the state and federal courts located there have exclusive jurisdiction.
- Events beyond our control. We are not responsible for failures or delays caused by events beyond our reasonable control, including outages at providers, internet failures, attacks, natural disasters, labor disputes, government action and pandemics.
- Assignment. You may not transfer these Terms without our written consent. We may transfer them, including as part of a merger, sale or reorganization.
- Entire agreement. These Terms, the Privacy Policy and any written pricing we have agreed with you are the entire agreement about the Service. If one part is found unenforceable, the rest stays in effect and that part is enforced as far as allowed. Our not enforcing a right is not a waiver of it.
- Notices. We send notices to the email address on your account; you send them to the address below. Email notices count as written.
- Independent parties. Nothing here creates a partnership, employment, agency or fiduciary relationship.
19. Contact
Wolford Solutions Co. · · the email address on our website