1. Who these terms apply to
ObraMate ("we", "us") provides web and mobile software for flooring and construction companies to manage leads, quotes, jobs, scheduling, invoices, payroll records and related work (the "Service"). These Terms of Service ("Terms") form a binding agreement between us and the company that creates a workspace (the "Customer", "you").
The person who creates the workspace confirms that they are at least 18 years old and authorized to accept these Terms on behalf of the Customer. The Customer is responsible for everyone it invites to its workspace ("Users") and for their compliance with these Terms.
2. Accounts and security
You must give accurate sign-up information and keep it current. Each User must have their own login; sharing logins is not allowed. You are responsible for keeping passwords confidential and for all activity in your workspace.
Tell us right away at support@obramate.com if you believe your workspace has been accessed without authorization.
3. Free trial
New workspaces may start with a free trial for the period shown at sign-up. No card is required to start. When the trial ends without a paid plan, the workspace becomes read-only: you can still sign in and view or export your data, but you cannot create or change records until you subscribe. If no plan is chosen, the workspace may be suspended 14 days after the trial ends and closed 90 days after it ends.
4. Plans, billing and renewal
Paid plans are billed in advance, monthly or yearly, at the price shown when you subscribe. Subscriptions renew automatically at the end of each period until cancelled. Card payments are processed by Stripe; we do not store full card numbers.
If a payment fails we will notify you and retry. If the balance stays unpaid, the workspace may become read-only 7 days after the due date, be suspended after 14 days and be closed after 90 days.
We may change prices with at least 30 days' notice by e-mail; the change applies from your next renewal after the notice period. Prices do not include taxes unless stated; you are responsible for applicable taxes.
5. Cancellation and refunds
You can cancel at any time from Settings › Plan and billing or by contacting us. Cancellation takes effect at the end of the current paid period and you keep access until then. Payments already made are non-refundable except where required by law or where we decide otherwise in writing.
6. Your data
You own the data you and your Users put into the Service ("Customer Data"), including information about your clients, leads, jobs, employees and finances. You give us permission to host, copy, process and display Customer Data only as needed to provide, secure and support the Service and as described in our Privacy Policy and Data Processing Addendum.
You are responsible for having the right to collect and use Customer Data, including giving any notices and obtaining any consents required to send quotes, invoices, e-mails and text messages to your own clients and to record information about your employees.
You can export your data while your workspace is active or read-only. After a workspace is closed we keep Customer Data for up to 90 days so it can be restored on request, and then delete it from active systems; backups are overwritten on their normal schedule.
7. Acceptable use
You agree not to, and not to let anyone else:
- use the Service for anything illegal, fraudulent or harmful, or to send spam or unsolicited messages;
- upload malware or content that infringes someone else's rights;
- try to access other customers' workspaces or data, probe or break the security of the Service, or overload it;
- copy, resell or reverse-engineer the Service, or use it to build a competing product.
8. Payroll, tax and financial information
The Service helps you record work days, rates, payments and expenses. It is a record-keeping tool, not payroll, tax, accounting or legal advice, and it does not file taxes or make payments to employees on your behalf. You are responsible for checking calculations and for complying with wage, tax and employment laws.
9. Availability and support
We work to keep the Service available and secure, take regular backups and fix problems promptly, but the Service may occasionally be unavailable for maintenance or reasons outside our control. Support is provided through the in-app help and by e-mail.
We may improve or change features over time. If we remove a feature that is material to paid plans we will give reasonable notice.
10. Suspension and termination
We may suspend or close a workspace that violates these Terms, puts the Service or other customers at risk, or remains unpaid as described above. Where reasonable we will notify you first and give you a chance to fix the problem. You may stop using the Service at any time.
11. Disclaimers
Except as expressly stated in these Terms, the Service is provided "as is" and "as available", and we disclaim all implied warranties, including merchantability, fitness for a particular purpose and non-infringement, to the extent permitted by law.
12. Limitation of liability
To the extent permitted by law, neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or data, and our total liability arising out of these Terms is limited to the amounts you paid us for the Service in the 12 months before the event giving rise to the claim. These limits do not apply to your payment obligations or to a party's fraud or wilful misconduct.
13. Changes to these Terms
We may update these Terms. For material changes we will notify workspace administrators by e-mail or in the app at least 30 days before they take effect, and ask an administrator to accept the new version. Continuing to use the Service after the effective date means you accept the updated Terms.
14. Governing law and contact
These Terms are governed by the laws of the State of Colorado, United States, without regard to conflict-of-law rules, and disputes will be handled in the state or federal courts located in Colorado.
Questions about these Terms: support@obramate.com.
Questions? Write to support@obramate.com.