Terms of Service
These Terms of Service (“Terms”) are an agreement between Headquartered LLC (“Headquartered,” “we,” “us”) and the business or individual accessing or using the Headquartered field service management platform and related services (the “Service”). By creating an account or using the Service, you agree to these Terms. If you are using the Service on behalf of a business, you represent that you have authority to bind that business, and “you” refers to that business.
1. The Service
Headquartered is software that helps service businesses manage customers, jobs, scheduling, estimates, invoices, and customer communications, including email and text messaging sent on your behalf, and online booking pages your customers can use to request service.
2. Accounts
You must provide accurate account information and keep it current. You are responsible for safeguarding your login credentials and for all activity under your account, including activity by team members you invite. Account owners control their team’s roles and permissions and are responsible for their team’s use of the Service.
3. Your data
Ownership. You own the information you and your team enter into the Service, including information about your customers (“Your Data”). You grant us a limited license to host, process, transmit, and display Your Data solely to provide and improve the Service, consistent with our Privacy Policy.
Your responsibilities for Your Data. You represent and warrant that:
- You have the right to enter Your Data into the Service, including any personal information about your customers;
- Where you direct the Service to send communications to your customers — including email and text messages — you have obtained any consent required by applicable law (including, for text messages, the consent required by the Telephone Consumer Protection Act and similar laws) and you will honor your customers’ opt-out requests;
- You will not enter data you have no right to use, and you will not use the Service to store highly sensitive information it is not designed for (such as government identification numbers, payment card numbers outside our payment features, or health records).
Communications sent on your behalf. Emails and text messages sent through the Service are sent at your direction and on your behalf. You are responsible for the content and lawfulness of the communications you initiate. Recipients may opt out of text messages at any time (for example, by replying STOP), and the Service will honor those opt-outs.
4. Acceptable use
You agree not to: use the Service for unlawful purposes; send spam, marketing blasts, or communications to people who have not consented to receive them; attempt to probe, breach, or disrupt the Service or its security; access the Service to build a competing product; or resell the Service without our written agreement. We may suspend or terminate accounts that violate these Terms or that create legal, security, or deliverability risk for the platform, with notice where practicable.
5. Fees
The Service is currently provided free of charge during its beta period. Paid plans and their pricing, billing cycles, and payment terms will be introduced in the future and described at the time of purchase; we will provide notice before any fees apply. Fees, when introduced, are exclusive of taxes, which are your responsibility.
6. Third-party services
The Service is built on third-party infrastructure and integrates with third-party providers (for example, for email delivery, text message delivery, and — when available — payment processing). Your use of payment features will additionally be subject to the payment processor’s terms. We are not responsible for third-party services we do not control.
7. Intellectual property
We own the Service, including its software, design, and content (excluding Your Data). These Terms do not grant you any rights in the Service except the limited right to use it. If you send us feedback or suggestions, we may use them without obligation to you.
8. Disclaimers
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 SECURE, OR THAT COMMUNICATIONS SENT THROUGH THE SERVICE WILL BE DELIVERED. YOU ARE RESPONSIBLE FOR MAINTAINING YOUR OWN RECORDS AND BACKUPS OF CRITICAL BUSINESS INFORMATION.
9. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, OR DATA; AND (B) OUR TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE WILL NOT EXCEED THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM (OR ONE HUNDRED U.S. DOLLARS, IF GREATER). THESE LIMITS APPLY REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
10. Indemnification
You will defend and indemnify us against claims, damages, and costs (including reasonable attorneys’ fees) arising from: (a) Your Data; (b) communications you direct the Service to send, including claims that you lacked required consent or violated telemarketing, text messaging, or privacy laws; or (c) your violation of these Terms or applicable law.
11. Term and termination
These Terms apply while you use the Service. You may stop using the Service and close your account at any time. We may suspend or terminate the Service as described in Section 4, or discontinue the Service with reasonable advance notice. Upon closure of your account, you may request an export of Your Data within thirty (30) days, after which we may delete it in accordance with our Privacy Policy. Sections that by their nature should survive termination (including Sections 3, and 7–13) survive.
12. Changes to the Service or Terms
We may modify the Service, and we may update these Terms from time to time. If we make material changes, we will update the effective date above and, where appropriate, provide additional notice. Continued use of the Service after changes take effect constitutes acceptance of the updated Terms.
13. Governing law and disputes
These Terms are governed by the laws of the State of Texas, without regard to conflict-of-laws rules. The parties will first attempt in good faith to resolve any dispute informally by contacting each other. Any dispute not resolved informally will be brought exclusively in the state or federal courts located in Travis County, Texas, and each party consents to their jurisdiction.
14. Miscellaneous
These Terms, together with the Privacy Policy, are the entire agreement between you and us regarding the Service. If any provision is unenforceable, the rest remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.
15. Contact
Email: support@headquartered.app
Mail: Headquartered LLC, 5900 Balcones Drive STE 100 Austin, TX, 78731, US