Terms of Service

Last updated: January 2025

1. Introduction and Acceptance

Welcome to Business Genie. These Terms of Service ("Terms") govern your access to and use of the Business Genie platform, including our website, mobile applications, and all related services (collectively, the "Services").

By creating an account, accessing, or using our Services, you agree to be bound by these Terms. If you are using the Services on behalf of a business, you represent that you have authority to bind that business to these Terms.

If you do not agree to these Terms, you may not access or use our Services. We recommend printing or saving a copy of these Terms for your records.

2. Description of Services

Business Genie provides field service management software designed for trade professionals, including but not limited to:

  • Scheduling and dispatching tools
  • Customer relationship management (CRM)
  • Invoicing and payment processing
  • Estimates and quotes generation
  • Route optimization
  • Online booking and customer portal
  • Time tracking and team management
  • Reporting and analytics

We reserve the right to modify, suspend, or discontinue any part of the Services at any time, with or without notice. We will make reasonable efforts to notify you of significant changes that affect your use of the Services.

3. Account Registration and Security

To use our Services, you must create an account and provide accurate, complete information. You agree to:

  • Provide truthful and accurate registration information
  • Maintain and promptly update your account information
  • Keep your password secure and confidential
  • Notify us immediately of any unauthorized access to your account
  • Accept responsibility for all activities under your account

You must be at least 18 years old to create an account. We reserve the right to suspend or terminate accounts that violate these Terms or contain false information.

4. Subscription Plans and Payments

Free Trial

We offer a free trial period for new users. During the trial, you have access to our Services with no payment required. At the end of your trial, you must subscribe to a paid plan to continue using the Services.

Paid Subscriptions

Paid subscriptions are billed in advance on a monthly or annual basis. By subscribing, you authorize us to charge your payment method for the subscription fees plus any applicable taxes.

Automatic Renewal

Subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date. You can cancel your subscription at any time through your account settings.

Refunds

Annual subscriptions are eligible for a full refund within 30 days of purchase if you are not satisfied. Monthly subscriptions are non-refundable but will remain active until the end of the billing period. Contact support@businessgenieapp.com for refund requests.

Price Changes

We may change our prices at any time. Price changes will be communicated at least 30 days in advance and will apply to your next billing cycle. Continued use of the Services after a price change constitutes acceptance of the new pricing.

5. Acceptable Use Policy

You agree to use the Services only for lawful purposes and in accordance with these Terms. You agree NOT to:

  • Violate any applicable laws, regulations, or third-party rights
  • Use the Services for fraudulent or deceptive purposes
  • Transmit viruses, malware, or other harmful code
  • Attempt to gain unauthorized access to our systems or other users' accounts
  • Interfere with or disrupt the Services or servers
  • Reverse engineer, decompile, or disassemble our software
  • Scrape, crawl, or use automated means to access the Services without permission
  • Use the Services to send spam or unsolicited communications
  • Impersonate any person or entity
  • Resell or redistribute the Services without our written consent

6. Your Data and Content

You retain ownership of all data, content, and information you submit to the Services ("Your Data"). By using our Services, you grant us a limited license to use Your Data solely to provide and improve the Services.

You are responsible for:

  • The accuracy and legality of Your Data
  • Obtaining necessary consents from your customers to store their information
  • Maintaining backups of Your Data (we provide data export features)
  • Complying with privacy laws regarding your customers' personal information

We do not claim ownership of Your Data and will not use it for purposes other than providing the Services, unless you give us explicit permission.

7. Intellectual Property Rights

The Services, including all software, designs, text, graphics, logos, and other content, are owned by Business Genie and protected by intellectual property laws. You may not:

  • Copy, modify, or distribute our intellectual property
  • Use our trademarks without written permission
  • Create derivative works based on our Services
  • Remove or alter any proprietary notices

We grant you a limited, non-exclusive, non-transferable license to use the Services for your internal business purposes during your subscription period.

8. Third-Party Integrations

Our Services may integrate with third-party applications (e.g., QuickBooks, Stripe, Google Calendar). These integrations are subject to the third parties' terms and privacy policies. We are not responsible for:

  • The availability, accuracy, or reliability of third-party services
  • Any loss or damage resulting from your use of third-party services
  • Changes to third-party services that affect our integrations

9. Payment Processing for Your Customers

If you use our payment processing features to collect payments from your customers, you agree to:

  • Comply with payment processor terms (e.g., Stripe) and applicable laws
  • Only charge customers for legitimate services rendered
  • Handle disputes and chargebacks professionally
  • Provide accurate descriptions of services on invoices

Payment processing fees are separate from subscription fees and are charged by our payment processing partners. You are responsible for these fees as outlined in your payment processor agreement.

10. Disclaimers and Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that:

  • The Services will be uninterrupted, secure, or error-free
  • Defects will be corrected
  • The Services will meet your specific requirements
  • Results obtained from the Services will be accurate or reliable

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BUSINESS GENIE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES, ARISING FROM YOUR USE OF THE SERVICES.

Our total liability for any claims arising from these Terms or your use of the Services shall not exceed the amount you paid us in the twelve (12) months preceding the claim.

12. Indemnification

You agree to indemnify, defend, and hold harmless Business Genie and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of any third-party rights; or (d) Your Data or content.

13. Termination

You may cancel your account at any time through your account settings or by contacting support. Upon cancellation:

  • Your subscription remains active until the end of the current billing period
  • You can export Your Data before your account is closed
  • Your Data will be deleted according to our Privacy Policy

We may suspend or terminate your account immediately if you violate these Terms, fail to pay fees, or engage in fraudulent activity. We will provide notice when reasonably possible.

14. Dispute Resolution

We prefer to resolve disputes informally. If you have a concern, please contact us at legal@businessgenieapp.com and we will work to resolve it.

If we cannot resolve a dispute informally, you agree that any legal action will be resolved through binding arbitration rather than in court, except for claims that may be brought in small claims court. Arbitration will be conducted under the rules of the American Arbitration Association.

You agree to waive any right to participate in class action lawsuits or class-wide arbitration against Business Genie.

15. General Provisions

Governing Law

These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles.

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Business Genie regarding the Services.

Severability

If any provision of these Terms is found unenforceable, the remaining provisions will continue in effect.

Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right.

Assignment

You may not assign or transfer these Terms without our consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

16. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by email or through the Services at least 30 days before they take effect. Your continued use of the Services after the changes take effect constitutes your acceptance of the updated Terms. If you do not agree to the changes, you must stop using the Services and cancel your account.

17. Contact Information

If you have questions about these Terms, please contact us:

Email: legal@businessgenieapp.com

Support: support@businessgenieapp.com

Address: Business Genie, Inc.