These Terms of Service ("Terms") are a binding agreement between you and Byte Break Studios LLC, a Colorado limited liability company ("Byte Break Studios", "we", "us"), which operates Prycebook (the "Service"). Please read them carefully.
1. Acceptance
By creating an account, accepting these Terms in the app, or using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service. If you use the Service on behalf of a company or other organisation, you represent that you have authority to bind it, and "you" includes that organisation.
2. Eligibility
The Service is intended for business use. You must be at least 18 years old and able to enter into a binding contract to use it.
3. The Service
Prycebook lets you build price books and produce quotes and estimates for your customers. We may add, change, suspend or discontinue any part of the Service, including features, limits and plans, at any time and without liability to you.
4. Your account
You are responsible for the accuracy of your account information, for keeping your password, API keys and webhook secrets confidential, and for all activity under your account and your organisation, including by members you invite and by software using your API keys. Notify us promptly of any unauthorised use. We are not liable for loss arising from unauthorised use of your credentials.
5. Your content
You retain ownership of the price books, items, images, quotes, contacts and other material you put into the Service ("Your Content"). You grant us a worldwide, non-exclusive, royalty-free licence to host, copy, process, transmit, back up and display Your Content as needed to operate, maintain, secure and improve the Service. You represent that you have all rights and consents needed to provide Your Content, including any personal data about your customers, and that it does not violate any law or third-party right. You are solely responsible for Your Content and for keeping your own copies of it.
6. Acceptable use
You will not: use the Service for any unlawful, fraudulent or deceptive purpose; send spam or unsolicited communications through it; infringe or misappropriate anyone's rights; upload malware; attempt to gain unauthorised access to the Service, its systems or other customers' data; probe, scan or load-test the Service; exceed or circumvent rate limits or plan limits; reverse engineer the Service except as the law expressly permits; or resell or provide the Service to third parties except as part of your own quoting to your customers.
7. Free trials
New organisations may receive a free trial for a period we set; no payment card is required to start one. When a trial ends without a paid subscription, access to the Service is blocked. Trials, promotional offers and discounts (including any beta offer) are provided at our discretion, may be changed or withdrawn at any time, and have no cash value.
8. Fees and billing
Paid plans are billed in advance, on a recurring monthly or yearly basis, through our payment processor, Stripe, and renew automatically until cancelled. By subscribing you authorise recurring charges to your payment method. Fees are exclusive of taxes, which you are responsible for. We may change our prices; changes apply from your next billing period. You may cancel at any time and will keep access until the end of the period already paid for. Except where required by law, all fees are non-refundable, including for partial periods, unused features, or downgrades.
9. Ending or lapsing
You may stop using the Service or request deletion of your organisation at any time. We may suspend or terminate your access, with or without notice, if we believe you have breached these Terms, if your account is unpaid, if required by law, or to protect the Service or others. If your trial or subscription ends without renewal, or you request deletion of your organisation, your data is retained for a limited period and then permanently deleted, as described in the Privacy Policy. We are not obliged to retain or return Your Content after that period; export anything you need before it ends. Sections 5, 10 and 12 through 19 survive termination.
10. Quotes you send
Quotes, estimates and prices you produce with the Service are communications and agreements solely between you and your customer. We are not a party to them. You are solely responsible for checking every price, quantity, calculation, tax, discount and term before sending a quote, and we do not guarantee that any quote, total or PDF is accurate, complete, enforceable or suitable for your purpose.
11. Support and access to your account
Support is provided at our discretion and may be limited to paid plans. You authorise our staff to access your account and Your Content where we consider it necessary to provide support, investigate problems, maintain security, or enforce these Terms.
12. Feedback and third-party services
If you send us suggestions or feedback, we may use them without restriction or obligation to you. The Service relies on third-party services (such as hosting, payment processing and email delivery) and may link to or exchange data with services you connect, such as through webhooks or the API. We are not responsible for third-party services, and your use of them is governed by their own terms.
13. Intellectual property
The Service, its software, design and content (other than Your Content) are owned by Byte Break Studios and its licensors. Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable right to use the Service for your internal business purposes while your account is in good standing. No other rights are granted.
14. Disclaimer of warranties
The Service is provided "as is" and "as available", with all faults and without warranties of any kind. To the fullest extent permitted by law, Byte Break Studios disclaims all warranties, express, implied or statutory, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, and any warranties arising from course of dealing or usage of trade. We do not warrant that the Service will be uninterrupted, timely, secure or error-free, that data will not be lost or corrupted, that any defect will be corrected, or that any result obtained from the Service will be accurate or reliable. You use the Service at your own risk.
15. Limitation of liability
To the fullest extent permitted by law, Byte Break Studios and its members, managers, employees and agents will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, business, goodwill or data, or cost of substitute services, arising out of or relating to these Terms or the Service, however caused and under any theory of liability, even if advised of the possibility of such damages. Our total aggregate liability for all claims arising out of or relating to these Terms or the Service will not exceed the greater of (a) the fees you paid us for the Service in the three months before the event giving rise to the claim, or (b) fifty US dollars (US$50). These limitations apply even if a remedy fails of its essential purpose.
16. Indemnification
You will defend, indemnify and hold harmless Byte Break Studios and its members, managers, employees and agents from and against any claims, liabilities, damages, losses and expenses, including reasonable legal fees, arising out of or relating to Your Content, your use of the Service, quotes you send or agreements with your customers, your breach of these Terms, or your violation of any law or third-party right.
17. Governing law and disputes
These Terms are governed by the laws of the State of Colorado, USA, without regard to its conflict-of-laws rules. Any dispute arising out of or relating to these Terms or the Service will be brought exclusively in the state or federal courts located in Colorado, and you consent to their personal jurisdiction. Any claim must be brought within one year after it arises, or it is permanently barred, to the extent the law allows.
18. Changes to these Terms
We may change these Terms at any time. When we do, we will ask you to accept the new version the next time you use the Service, and the version you accepted is recorded. If you do not accept, you must stop using the Service.
19. General
These Terms and the Privacy Policy are the entire agreement between you and us about the Service. If any provision is found unenforceable, it will be enforced to the maximum extent permissible and the rest remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our written consent; we may assign them without restriction. We are not liable for any failure or delay caused by events beyond our reasonable control. Nothing in these Terms creates a partnership, agency or employment relationship.
20. Contact
Questions about these Terms can be sent to Byte Break Studios LLC at mike@bytebreakstudios.com.
You have reached the end of the Terms of Service.