Terms of Service

Agreement

These Terms of Service ("Terms") govern your access to and use of the Trade Books web application, mobile app, websites, and related services (the "Service") provided by Trade Books ("we", "us", "our"). By creating an account, accessing the Service, or clicking "I agree", you agree to these Terms. If you do not agree, do not use the Service.

Accounts

You must be at least 18 years old and able to form a binding contract to use the Service. The Service is intended for businesses; the entity that signs up (the "Customer") is responsible for the actions of every user it invites. You are responsible for keeping your login credentials confidential and for any activity that happens under your account. Notify us immediately if you suspect unauthorized access.

License to use the Service

Subject to these Terms and your timely payment of any applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes. You may not copy, modify, reverse-engineer, sublicense, resell, or create derivative works based on the Service, except as expressly permitted by law.

Acceptable use

You agree not to:

• Use the Service to violate any law or third-party right.
• Send spam, unsolicited bulk messages, or content that is misleading, infringing, defamatory, or abusive.
• Attempt to access another customer's account or data, or probe, scan, or test the vulnerability of the Service.
• Upload viruses, malware, or any other harmful code.
• Interfere with or disrupt the Service, including by exceeding our published rate or volume limits.
• Use the Service to handle data subject to special regulation (such as PHI under HIPAA, payment card data outside our payment partners, or government classified data) unless we have agreed in writing.

Your use is also subject to our Fair Use Policy.

Customer data

You retain all rights to the data you and your users submit to the Service ("Customer Data"). You grant us a worldwide, royalty-free license to host, copy, transmit, display, and process Customer Data only as necessary to operate, maintain, and improve the Service for you. You are responsible for the accuracy and legality of Customer Data, and for obtaining the consents needed from your customers, employees, and other individuals whose information you submit to the Service.

SMS / text messaging terms

The Service includes an SMS text messaging program used to send service-related messages — appointment reminders, technician on-the-way alerts, booking confirmations, job status updates, and post-service review requests — to individuals who have opted in to receive them, either directly or verbally when booking service with a business that uses Trade Books. By opting in, you agree to receive these messages. The following terms apply:

• Message frequency varies based on your service activity.
• Message and data rates may apply. Check with your mobile carrier for details.
• Opt out at any time by replying STOP to any message. You will receive a one-time confirmation and no further messages. Reply START to resubscribe.
• Get help by replying HELP to any message, emailing [email protected], or calling the business that services you directly.
• Carriers are not liable for delayed or undelivered messages.
• Consent to receive text messages is not a condition of purchasing any goods or services. See our Privacy Policy for how phone numbers and SMS consent are handled — they are never shared with third parties for marketing purposes.

Fees, billing, and taxes

Paid plans are billed in advance on a monthly or annual basis. Fees are non-refundable except where required by law or expressly stated in these Terms. We may change our fees on 30 days' written notice; the new price will apply at your next renewal. You are responsible for any taxes or duties that apply, except for taxes based on our net income. Payment processing for your customers is provided by our payment partners and is governed by their terms.

Term and termination

These Terms remain in effect while you use the Service. You may cancel your subscription at any time from your account settings; cancellation takes effect at the end of the current billing period. We may suspend or terminate your access if you materially breach these Terms, fail to pay, or use the Service in a way that risks harm to us or other users. Upon termination, your right to access the Service ends. We will keep a copy of your Customer Data available for export for at least 30 days after termination, after which it may be permanently deleted.

Disclaimer of warranties

The Service is provided "as is" and "as available". To the maximum extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or completely secure. Trade Books is a productivity tool and is not a substitute for professional legal, tax, accounting, or licensing advice.

Limitation of liability

To the maximum extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or goodwill, even if advised of the possibility. Our total aggregate liability arising out of or relating to the Service will not exceed the fees you paid us in the 12 months immediately preceding the event giving rise to the claim.

Indemnification

You agree to defend, indemnify, and hold us harmless from any third-party claims, losses, or expenses (including reasonable attorneys' fees) arising out of or related to your use of the Service, your Customer Data, or your breach of these Terms.

Changes to the Service or Terms

We may modify the Service, including adding or removing features, at any time. We may also update these Terms; material changes will be communicated by email to account administrators or by an in-app notice. Continued use of the Service after the effective date of revised Terms means you accept them.

Governing law

These Terms are governed by the laws of the State of Delaware, USA, without regard to its conflict-of-laws rules. The state and federal courts located in Delaware will have exclusive jurisdiction over any dispute arising out of these Terms or the Service, except that either party may seek injunctive relief in any court of competent jurisdiction.

Contact

Questions about these Terms? Email [email protected].