Legal

Terms of Service

Last updated

These Terms of Service ("Terms") are an agreement between you and [COMPANY LEGAL NAME], a [STATE OF FORMATION] [ENTITY TYPE] ("Facture", "we", "us"). They govern your use of the Facture website and the Facture app (together, the "Service").

If you use the Service on behalf of a studio or other business, you agree to these Terms for that business and confirm you have authority to do so. In these Terms, "you" means that business and the people it lets use the Service. By using the Service you accept these Terms. If you do not accept them, do not use the Service.

1. The Service

Facture is software for studios to track time, manage project budgets and margin, create estimates and invoices, record expenses, and collect payment from their clients. Some features rely on services you connect, such as Google, Stripe, Slack and QuickBooks Online.

The Service is in early access. Features may change, be added or be removed, and some may be labeled as beta. We will try to give notice before removing a feature you rely on.

2. Accounts

  • You must be at least 18 and use the Service for business purposes.
  • You sign in with a Google account. You are responsible for keeping that account secure and for activity that happens under it.
  • Studio administrators decide who joins their workspace and what role each person has. You are responsible for the people you invite and for their use of the Service.
  • Tell us promptly at [CONTACT EMAIL] if you believe your account has been accessed without permission.

3. Your data

"Your Data" means the information you and your users put into the Service, including clients, contacts, projects, rates, time entries, expenses, receipts, estimates and invoices.

  • You own Your Data. We do not claim ownership of it.
  • You give us permission to use it to run the Service. You grant us a limited license to host, copy, process, transmit and display Your Data only as needed to provide, secure and support the Service, and as described in our Privacy Policy.
  • You are responsible for it. You confirm you have the right to put Your Data into the Service, including information about your clients and their contacts, and that doing so complies with the law and with any commitments you have made to them.
  • You can take it with you. You can export Your Data from the Service while your account is active.

4. Invoices and payments to your clients

  • Facture helps you create and send invoices and estimates. You decide what they say, and you are responsible for their accuracy, for the taxes on them, and for your relationship with your clients.
  • Online payments are processed by Stripe through your own Stripe account. Payments go directly to that account, and you are the merchant of record. Your use of Stripe is governed by your agreement with Stripe.
  • Facture is not a bank, payment processor or money transmitter, and is not a party to transactions between you and your clients. We do not take a fee or percentage of the payments you collect.
  • Facture does not provide accounting, tax or legal advice. Reports such as margin, utilization and realization are tools to help you run your business. Check important figures before relying on them.

5. Third-party services

The Service connects to services operated by others, including Google, Stripe, Slack, Intuit (QuickBooks Online) and Harvest. Your use of each one is governed by that provider's terms. We are not responsible for third-party services, and a change on their side may change or interrupt a Facture feature that depends on them.

6. Fees

[The Service is currently provided free of charge during early access.] We will give you at least 30 days' notice before we start charging for the Service or change what we charge, and you can stop using the Service before any new fees apply. Any paid plan will be described at the time you subscribe, and fees are non-refundable except where the law requires otherwise.

7. Acceptable use

You agree not to:

  • Use the Service for anything unlawful, fraudulent or deceptive, including sending invoices for work that was not agreed.
  • Upload malicious code, or interfere with or disrupt the Service or the systems it runs on.
  • Try to access another workspace, account or data you are not authorized to access, or probe, scan or test the Service's security without our written permission.
  • Copy, resell or provide the Service to others as your own, or use it to build a competing product.
  • Reverse engineer the Service, except where the law expressly allows it.
  • Use the Service to send spam or messages people have not agreed to receive.

8. Our intellectual property

The Service, including its software, design and content other than Your Data, belongs to Facture and its licensors and is protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable right to use the Service under these Terms. If you send us feedback or suggestions, we may use them without obligation to you.

9. Confidentiality

We treat Your Data as confidential. We do not disclose it except as described in these Terms and our Privacy Policy, as you direct, or as the law requires. If you receive non-public information about the Service, such as unreleased features, keep it confidential.

10. Suspension and termination

  • You can stop using the Service and close your workspace at any time.
  • We may suspend or end your access if you materially breach these Terms, if your use creates a security or legal risk, or if we stop offering the Service. Where reasonable, we will give you notice first and a chance to fix the problem.
  • If we stop offering the Service, or end your access for a reason other than your breach, we will give you at least 30 days to export Your Data.
  • After your workspace is closed, we will delete Your Data as described in the Privacy Policy. Sections 3 (as it concerns responsibility), 4, 8, 11, 12, 13 and 15 continue to apply after termination.

11. Disclaimers

The Service is provided "as is" and "as available". To the fullest extent the law allows, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title and non-infringement. We do not promise that the Service will be uninterrupted, error-free or free of harmful components, or that figures it calculates will be correct in every case.

12. Limitation of liability

To the fullest extent the law allows:

  • Neither party is liable to the other for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or data, even if it was told they were possible.
  • Our total liability for all claims relating to the Service or these Terms is limited to the greater of the amount you paid us for the Service in the 12 months before the claim arose, or US$100.

These limits do not apply where the law does not allow them, or to your obligations under Section 13.

13. Indemnification

You will defend and indemnify Facture against claims brought by third parties, including your clients, arising from Your Data, your invoices and transactions, or your use of the Service in breach of these Terms or the law, and pay the resulting losses, damages and reasonable costs.

14. Changes to these Terms

We may update these Terms. When we do, we will change the "Last updated" date above. If a change is material, we will notify you by email or in the app at least 30 days before it takes effect. If you keep using the Service after a change takes effect, you accept the updated Terms.

15. General

  • Governing law. These Terms are governed by the laws of the State of [GOVERNING STATE], without regard to its conflict of laws rules. The state and federal courts in [COUNTY, STATE] have exclusive jurisdiction, and both parties consent to it.
  • Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and us about the Service, unless we have signed a separate written agreement with you, in which case that agreement controls where it conflicts.
  • Assignment. You may not assign these Terms without our consent. We may assign them in connection with a merger, acquisition or sale of assets.
  • No waiver. If we do not enforce a provision, that does not waive our right to enforce it later.
  • Severability. If a provision is found unenforceable, the rest of these Terms stay in effect.
  • Notices. We send notices to the email address on your account. You can send notices to [CONTACT EMAIL].

Contact us

[COMPANY LEGAL NAME]
[MAILING ADDRESS]
[CONTACT EMAIL]