DRAFT – HAVE AN ATTORNEY REVIEWThis is a plain-language starting draft, not legal advice and not yet approved for use. Text in [square brackets] is a placeholder or a decision still to be made. Do not publish or rely on it until a licensed attorney in your jurisdiction has reviewed and edited it.

Terms of Service

DRAFT · Last updated: [date] · Effective: [date]

The short version. You own your job data. We host the app and, if you turn on sync, store a copy for you. Takeoffs and numbers are estimates you must check yourself. We charge a flat price, with no contracts. If something goes wrong our liability is limited, as set out below. The details follow.

1. Who we are and what these terms cover

These terms are an agreement between you and [Your company / legal entity name] (“we”, “us”), which runs Amberchalk (the “Service”), a jobsite management web app for remodelers and contractors. By creating an account or using the Service you agree to these terms. If you use the Service for a company, you confirm you can bind that company, and “you” includes it. If you don’t agree, don’t use the Service.

2. The Service

The Service is a progressive web app (PWA) you open in a browser and can add to your device’s home screen. It includes project tracking, photos and daily logs, scheduling, change orders and owner approval links, estimating and takeoff tools, financial tracking and exports, receipt scanning, and a client Owner’s View and update. Features and limits depend on your plan (Free, Crew or Pro). We may change, add or remove features, and we will try to give notice of changes that materially hurt paying customers.

3. Accounts and users

You must be at least 18 and able to enter a contract.
Give us accurate information and keep your sign-in email secure. You are responsible for activity under your account and for the people you add to it.
Each plan has its own limits on users, active projects and storage: Free is 1 user and 1 active project, Crew is 3 users and 3 active projects, and Pro is unlimited users and projects. Crew can buy extra projects and extra users as add-ons. Some features (financials, QuickBooks export, receipt scanning, estimating and takeoff, branded reports) are part of Pro. See the pricing page.
The optional passcode screen in the app is a convenience that discourages casual snooping on a shared device. It is not strong security and does not encrypt your data. Use your device’s own lock and encryption for real protection.

4. Your content and your data

You own it. Your projects, photos, plans, receipts, logs, contacts and financial entries (“Your Content”) remain yours. We claim no ownership of them.
Licence to run the Service. You give us a limited, non-exclusive licence to store, copy, transmit and display Your Content only as needed to provide the Service to you (for example, syncing it between your devices or showing an approval page to your client).
Your responsibility. You are responsible for Your Content, including having the right to upload it, and for any consent you need from homeowners, employees or others who appear in photos or whose information you enter. You decide what is shared with clients through the Owner’s View, update PDFs and approval links, so check your internal-only and share settings.
Export and deletion. You can export your data at any time, on any plan, including a full backup with photos and CSV, IIF and Excel exports. You can delete data on your device yourself. To delete your cloud account and data, [use the in-app option / email us at support@example.com]. See the Privacy Policy.

5. Data on your device, and backups

The Service is built to work offline, so your data is stored first in your browser on your device. Browsers and operating systems can clear this storage (for example, if you clear site data, or Safari removes data for sites you haven’t used in a while and haven’t added to your home screen), and devices get lost or broken. If you don’t sign in to use cloud sync, the only copy of your data may be on your device. You are responsible for exporting backups regularly. If you do use sync, we store a copy with our database provider, but sync is not a substitute for your own backups.

6. Plans, billing and cancellation

Plans and prices. Free is $0. Crew is $39 per month or $390 per year. Pro is $79 per month or $790 per year. Crew add-ons are $10 per month or $100 per year for each extra project and each extra user. Prices are in US dollars, exclusive of any taxes we are required to collect, and may change, but a price change won’t apply to you until your next renewal, after we’ve told you about it.
Payments by Stripe. Subscriptions are processed by Stripe. We don’t see or store your full card number. Stripe’s terms and privacy policy apply to payments.
Free trial. New paid subscriptions may start with a 14-day trial. A trial is available once per company. If you don’t cancel before it ends, your chosen plan starts and you will be charged. [Attorney: confirm trial and auto-renewal disclosures required in your jurisdictions.]
Renewal. Subscriptions renew automatically each month or year until cancelled. There are no long-term contracts.
Cancel any time from the billing portal. Cancellation takes effect at the end of the period you’ve paid for. You then move to the Free plan; paid features and limits end, but we don’t delete your existing data because of a downgrade, and you can still export it.
Refunds. [Decide: e.g., “Payments are non-refundable except where required by law or at our discretion”, or a 30-day money-back policy.]
Failed payments. If a payment fails we may retry it and may move your account to Free after a grace period.
Plan limits. If you reach a limit on your plan (for example, active projects), the app will stop you from adding more rather than deleting anything you’ve already created.

7. Acceptable use

Don’t misuse the Service. In particular, don’t: break the law or others’ rights; upload content you have no right to upload; send spam or harassing messages through the Service; try to access other customers’ data or probe or disrupt the Service; reverse engineer it except where the law allows; or resell it without our written permission. We may suspend accounts that put the Service or other users at risk.

8. Approval links and electronic signatures

The Service lets you send a client a link to approve, decline or ask a question about a change order or decision, with a typed signature, and keeps a record. This is a tool to help you and your client keep records. We are not a party to your contract with your client, and we don’t promise that a typed approval is legally binding in your location or satisfies any licensing, lien, home-improvement-contract or consumer-protection rules that apply to your work. Check your local requirements, and use your own contract documents where the law requires them. Links can expire or be revoked, and an answer becomes “stale” if the item is changed after it was sent.

9. Estimating and takeoff are estimates, not bids

Takeoffs, quantities, costs, margins and other numbers produced by the Service are estimates only. They are not bids, quotes, proposals, engineering or architectural advice, or a guarantee of any quantity, price or result.

Takeoff is done by you tracing plans by hand. Results depend on the plan you upload, the scale you set and where you tap. The Service does not detect rooms or read dimensions automatically.
Scale presets assume a plan printed or exported at 100%. Always check the scale label and spot-check against a known dimension.
Waste factors, coverage rates and other assumptions are defaults you should review and change.
Receipt scanning uses text recognition that can misread digits and words. Check every field against the receipt before saving.
You are responsible for verifying all quantities, measurements, prices, code requirements, permits and structural or safety considerations before you order materials, price a job, sign a contract or start work.

10. Financial tools and exports

The financial features and the QuickBooks, IIF and Excel exports are record-keeping aids. They are not accounting, tax or legal advice. Exports are files that you import into your own accounting software; review them before importing. We are not affiliated with or endorsed by Intuit or QuickBooks.

11. Third-party services

The Service relies on third parties, including Supabase (database, sign-in and file storage), Stripe (payments), Resend (email delivery), and Cloudflare (hosting the app). [Add any SMS provider when SMS notices launch.] Their terms apply to their services, and outages or changes on their side may affect the Service. Your device’s browser, operating system and mail or messaging apps are also outside our control.

12. Our property

We and our licensors own the Service, its software, design and branding. We give you a limited, revocable, non-transferable right to use it under these terms. If you send us feedback, we may use it without obligation to you. The Service includes open-source components that are covered by their own licences.

13. Availability and changes

We aim to keep the Service available, but we don’t promise it will be uninterrupted or error-free. We may perform maintenance, and may update these terms; if we make a material change we will tell you (for example by email or in the app) before it applies to you. Continuing to use the Service after a change takes effect means you accept it.

14. Ending your use

You can stop using the Service at any time. We may suspend or end your access if you breach these terms, if you don’t pay, or if we must by law, and we will try to give you a chance to export your data first where we reasonably can. Sections that by their nature should survive (such as ownership, disclaimers, limitation of liability and indemnity) will survive.

15. Disclaimers

The Service is provided “as is” and “as available”, without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, accuracy and non-infringement, to the fullest extent the law allows. We don’t warrant that the Service, its calculations, estimates, exports or OCR results will be accurate, complete or error-free, or that your data will never be lost. [Attorney: confirm wording and any non-excludable local rights.]

16. 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 lost profits, lost revenue, lost bids or contracts, cost overruns, material over- or under-ordering, construction defects or delays, disputes with clients or subcontractors, or loss or corruption of data, even if we were told they were possible; and (b) our total liability for all claims relating to the Service will not exceed the greater of the amount you paid us for the Service in the 12 months before the claim arose and [US$100]. Some places don’t allow some of these limits, so they may not fully apply to you.

[Attorney: review enforceability, carve-outs (e.g., gross negligence, wilful misconduct, anything that cannot be limited by law) and whether to add a consumer/business distinction.]

17. Indemnity

You agree to defend and reimburse us against claims, losses and costs arising from Your Content, your use of the Service in breach of these terms or the law, or your dealings with your clients, employees or subcontractors, to the extent allowed by law. [Attorney: review.]

18. Governing law and disputes

These terms are governed by the laws of [State/Country], without regard to conflict-of-law rules. Disputes will be brought in the courts located in [County, State], unless [we both agree to arbitration / small-claims court applies]. [Attorney: decide governing law, venue, whether to use arbitration and a class-action waiver.]

19. General

These terms, plus the Privacy Policy, are the whole agreement between us about the Service. If a part is found unenforceable, the rest stays in effect. If we don’t enforce a term, that isn’t a waiver. You may not transfer your rights without our consent; we may transfer ours as part of a merger, sale or reorganization.

20. Contact

[Your company / legal entity name]
[Postal address]
support@example.com