Terms of Service

INTERNAL STAGING TEST DOCUMENT — NOT FOR PRODUCTION USE TERMS OF SERVICE These Terms of Service ("Terms") govern access to and use of BusinessManager, a service operated by BusinessManager Staging Sandbox - Internal Evaluation Only ("we," "us," or "our"). By creating an account, accepting these Terms, or using the service, an authorized user agrees to these Terms and the policies expressly incorporated by reference. 1. BUSINESS ACCOUNTS AND AUTHORITY The person creating or administering a business workspace represents that they have authority to act for that business. The business is responsible for the accuracy of information submitted to BusinessManager, maintaining authorized access, assigning appropriate roles, and activity performed through its workspace. Users must safeguard credentials and promptly report suspected unauthorized access. 2. SERVICE AND LICENSE Subject to these Terms and an applicable subscription, BusinessManager Staging Sandbox - Internal Evaluation Only grants authorized users a limited, non-exclusive, non-transferable right to access and use BusinessManager for legitimate business purposes. Features may include customer records, estimates, work orders, scheduling, invoices, payments, reporting, employee administration, portals, integrations, and related functionality. Available features may vary by plan, configuration, jurisdiction, provider availability, and product evolution. 3. SUBSCRIPTIONS, TRIALS, AND FEES Subscription prices, billing intervals, usage or feature limits, and any BusinessManager online-payment platform fee are the values presented at signup and in Plan & Billing. New public signups are currently configured for a 14-day trial. Trial eligibility may be limited to new accounts and may be changed for future signups through configuration. Subscription, billing, cancellation, payment, and refund terms are further described in the published Subscription & Payment Terms. 4. PAYMENT PROCESSING Where payment functionality is enabled, payment collection may use Stripe-hosted or tokenized flows. BusinessManager does not receive or store full card numbers, CVV values, or bank credentials collected in those hosted flows. Processor charges, availability, disputes, reversals, refunds, settlement timing, and connected-account requirements may also be subject to the processor's terms. 5. CUSTOMER DATA AND BUSINESS RESPONSIBILITIES The business controls the customer, employee, operational, financial, image/media, and other data it submits to its workspace. The business is responsible for having a lawful basis and necessary permissions to collect, upload, use, disclose, share with portal users, and instruct processing of that data. Media uploaded by business users is internal by default; an authorized user must intentionally enable Customer visible for a supported record relationship before that media can appear in the authenticated customer experience. The business is also responsible for the accuracy of records, business decisions made from those records, legally required notices, taxes, licenses, recordkeeping, and industry-specific obligations applicable to its operations. 6. PRIVACY AND SECURITY Information is handled as described in the published Privacy Policy. We maintain administrative, technical, and application safeguards designed to protect the service, including authentication, authorization, tenant isolation, audit controls, and hosted/tokenized payment patterns where applicable. No system can guarantee absolute security, and users must maintain reasonable endpoint, password, and account security. 7. ACCEPTABLE USE Use of BusinessManager must comply with the published Acceptable Use Policy. Users may not misuse the service, interfere with security, attempt unauthorized access, introduce malicious code, abuse other users or third parties, or use the service in violation of applicable law. 8. INTELLECTUAL PROPERTY BusinessManager, including its software, user interface, documentation, trademarks, logos, and service-generated materials, is owned by or licensed to BusinessManager Staging Sandbox - Internal Evaluation Only and is protected by applicable intellectual-property laws. Except for the limited access right granted in these Terms, no ownership rights are transferred. Customer Data remains subject to the rights of the business and applicable third parties. 9. FEEDBACK If a user voluntarily provides suggestions, ideas, or feedback concerning BusinessManager, the user grants BusinessManager Staging Sandbox - Internal Evaluation Only permission to use that feedback to operate, improve, and develop the service without an obligation to compensate the user, subject to applicable law and confidentiality obligations. 10. THIRD-PARTY SERVICES The service may interoperate with third-party providers, applications, maps, communications services, payment processors, hosting providers, or other integrations. Third-party services are governed by their own terms and privacy practices. We are not responsible for third-party products or services except to the extent required by applicable law or a separate written agreement. 11. SERVICE CHANGES, MAINTENANCE, AND AVAILABILITY We may add, modify, replace, suspend, or discontinue features as operational, security, legal, provider, or product requirements evolve. We may perform scheduled or emergency maintenance. Reasonable efforts are made to maintain availability, but uninterrupted or error-free operation is not guaranteed. 12. SUSPENSION AND TERMINATION Access may be restricted, suspended, or terminated for subscription-lifecycle reasons, nonpayment, material breach, security risk, fraud, unlawful activity, abuse, legal requirement, or other circumstances permitted by these Terms. Where practicable and appropriate, notice and an opportunity to cure may be provided. Account status and post-termination data handling remain subject to the applicable subscription terms, Privacy Policy, legal obligations, and documented retention practices. 13. DISCLAIMERS TO THE EXTENT PERMITTED BY APPLICABLE LAW, BusinessManager IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BusinessManager Staging Sandbox - Internal Evaluation Only DISCLAIMS WARRANTIES NOT EXPRESSLY PROVIDED IN A WRITTEN AGREEMENT, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, TO THE EXTENT SUCH DISCLAIMERS ARE PERMITTED. Nothing in these Terms excludes rights or warranties that cannot legally be excluded. 14. LIMITATION OF LIABILITY TO THE EXTENT PERMITTED BY APPLICABLE LAW, BusinessManager Staging Sandbox - Internal Evaluation Only WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, OR DATA, ARISING FROM OR RELATED TO THE SERVICE. Any monetary limitation that applies must be interpreted together with mandatory rights that cannot legally be waived and any separately executed agreement between the parties. 15. INDEMNIFICATION To the extent permitted by applicable law, a business agrees to defend and indemnify BusinessManager Staging Sandbox - Internal Evaluation Only from third-party claims arising from the business's unlawful Customer Data, misuse of the service, violation of another person's rights, or material breach of these Terms, except to the extent a claim results from conduct for which BusinessManager Staging Sandbox - Internal Evaluation Only is legally responsible. This section does not require indemnification where prohibited by law. 16. FORCE MAJEURE Neither party is responsible for delay or failure caused by events beyond its reasonable control, such as natural disasters, utility or internet failures, labor disruptions, governmental actions, war, civil unrest, widespread provider outages, or similar events, except for payment obligations already due where applicable. 17. ASSIGNMENT A user or business may not assign its rights or obligations under these Terms without consent where such restriction is permitted by law. BusinessManager Staging Sandbox - Internal Evaluation Only may assign these Terms in connection with a merger, acquisition, corporate reorganization, sale of assets, or similar transaction, subject to applicable law. 18. GOVERNING LAW AND DISPUTE FORUM Any separately executed agreement or order form that specifies governing law or dispute forum controls for that relationship. Otherwise, governing law and forum will be determined under applicable mandatory conflict-of-law and jurisdiction rules. Nothing in these Terms prevents either party from seeking emergency or injunctive relief where legally available. 19. CHANGES TO THESE TERMS Published revisions identify their version and effective date. Material revisions may be communicated through the service or an available contact method. When a revision is configured to require renewed acceptance, affected users may be required to review and accept the new version before continuing to use protected business functionality. 20. GENERAL TERMS If a provision is unenforceable, the remaining provisions remain effective to the extent permitted by law. Failure to enforce a provision is not a waiver. These Terms, together with incorporated policies and any applicable written order form or agreement, constitute the applicable agreement concerning use of the service and supersede prior inconsistent terms on the same subject. 21. CONTACT Questions about these Terms may be sent to legal-evaluation@businessmanager.com or 305-000-0000, through the support channel provided in BusinessManager, or by mail to 123 Legal Evaluation St, Suite 100, Miami, FL 33101. Product information is available at https://localhost:7167.