These terms are being finalized and may change before Headr's public launch.
These terms are the agreement between [Legal name] ("Headr") and the company that subscribes to Headr ("Customer," "you"). Whoever clicks "I agree" or creates the account confirms they're at least 18 and have authority to bind the company. If you don't agree, don't use Headr.
1. What Headr is
Headr is software for running a contracting business: leads, jobs, scheduling, crews, customers, forms, messages, files and inventory. We may add, change or remove features. If we remove something important you're paying for, we'll give you at least 30 days' notice.
Free trial. New companies get a 14-day free trial. At the end, you choose a paid plan or your account becomes read-only. We may end trials that are being misused.
2. Your account and your people
- You're responsible for everyone you give a login to and for everything done under your account.
- Keep passwords private. Your administrators must use two-step sign-in.
- Tell us right away at [Contact email] if you think someone got into your account.
- Each login is for one person. Don't share logins.
3. Your data
- You own your data. Everything you put in Headr (customers, jobs, photos, documents and the rest) stays yours.
- You give us permission to store, copy, process and display your data only as needed to provide Headr to you, keep it secure, and support you. The Data Processing Addendum is part of these terms and explains how we handle it.
- You're responsible for having the right to collect your customers' information and for using it lawfully. That includes getting your customers' permission before texting them, honoring STOP requests, and following the telemarketing, privacy and consumer protection laws that apply to your business.
- You can download your data while your account is active and for 30 days after it ends. After that we delete it, as our Privacy Policy describes.
4. Acceptable use
You and your people may not use Headr to:
- Break any law, or help anyone else break one.
- Send texts or emails to people who haven't agreed to receive them, send spam, or ignore an opt-out.
- Store payment card numbers, Social Security numbers, bank account numbers, medical records or passwords to other systems. (Headr blocks card and Social Security numbers.)
- Harass, threaten, deceive or discriminate against anyone.
- Upload viruses or anything harmful, or content you don't have the right to use.
- Copy, sell, resell, rent or sublicense Headr, or let anyone outside your company use it.
- Copy, reverse-engineer, decompile or try to get the source code of Headr, or build a competing product using Headr or what you learn from inside it.
- Test, probe or try to get around Headr's security or anyone else's data walls, or reach another company's information. (If you find a security problem, tell us at [Contact email]. Acting in good faith and telling us first won't count against you.)
- Scrape Headr, use bots on it, or put a load on it that interferes with other customers.
- Use more than your plan's file storage or logins, or work around those limits.
We may remove content or suspend an account that breaks these rules, puts others at risk, or creates legal exposure for us. Where it's safe to, we'll tell you first and give you a chance to fix it.
5. Plans, payment and cancellation
- The price, logins and file storage for your plan are shown when you subscribe and in Settings. Current plans are Lite ($29 a month, up to 3 logins and 10 GB of file storage, with ready-made forms and steps only), Standard ($129 a month, every feature, up to 25 logins and 50 GB of file storage) and Pro ($179 a month, up to 50 logins and 1 TB of file storage). Custom plans are set out in writing when you agree to them.
- Plans renew automatically each billing period until you cancel. You authorize us (through our payment processor) to charge your payment method at each renewal.
- Prices don't include taxes; you pay any that apply.
- If a payment fails, we'll tell you. After 14 days unpaid, your account becomes read-only until paid; after 60 days we may close it.
- Cancel any time in Settings. Cancellation takes effect at the end of the current billing period. We don't refund partial periods, unless the law requires it.
- We may change prices with at least 30 days' notice; the new price applies at your next renewal.
6. Other services you connect
If you connect other services (for example CompanyCam, Canva, an AI assistant, payment or texting providers), your use of them is between you and that provider, under their terms. We aren't responsible for them, for what they do with data you send them, or if they stop working.
7. Tools, calculators, forms and AI help
Headr includes tools that calculate, suggest or fill things in: calculators, measure sheets, forms, automations and AI assistance. They're aids, not professional advice. You're responsible for checking measurements, orders, prices, schedules and anything else before you rely on it. We aren't responsible for wrong orders, measurements, prices or messages that come from information entered into Headr or from these tools.
8. Our property
Headr, its software, design, name and logo belong to us. These terms give you the right to use Headr during your subscription; they don't give you any ownership. If you send us ideas or feedback, we can use them without owing you anything.
9. Confidentiality
Each of us will keep the other's non-public business information confidential and use it only for this agreement, except where the law requires sharing it.
10. Security and availability
We work hard to keep Headr secure and running, as our Privacy Policy and Data Processing Addendum describe. We don't promise it will never be interrupted or error-free. We may take Headr down for maintenance; we'll try to do it outside business hours and give notice when we can.
11. Disclaimer
EXCEPT AS THESE TERMS SAY OTHERWISE, HEADR IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT THE LAW ALLOWS, WE DISCLAIM ALL OTHER WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
12. Limit on liability
TO THE FULLEST EXTENT THE LAW ALLOWS: (a) NEITHER OF US IS LIABLE FOR LOST PROFITS, LOST REVENUE, LOST DATA, OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES; AND (b) OUR TOTAL LIABILITY FOR ALL CLAIMS RELATED TO HEADR IS LIMITED TO THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE EVENT THAT CAUSED THE CLAIM. These limits don't apply to your payment obligations, to your obligations under section 13, or where the law doesn't allow them.
13. Your responsibility for claims
You'll defend and cover us (including reasonable attorney fees) against claims by others that come from your data, your texts and emails, your use of Headr in breach of these terms, or your violation of a law or someone else's rights.
14. Ending the agreement
Either of us can end this agreement: you by canceling, us with 30 days' notice, or right away if the other side seriously breaks these terms and doesn't fix it within 10 days of notice. Sections 3 (data download period), 8, 9, 11, 12, 13 and 15 continue after it ends.
15. Disputes
These terms are governed by the laws of the State of [State whose law applies]. Any lawsuit must be brought in the state or federal courts in [County for lawsuits], [State whose law applies], and we each agree to those courts. Either of us may use small claims court instead. Before suing, we each agree to try to resolve the issue informally for 30 days after written notice.
16. Everything else
These terms (with the Privacy Policy and Data Processing Addendum) are our whole agreement. If we change them in a way that matters, we'll give at least 30 days' notice by email or in the app; continuing to use Headr after that means you accept. You can't transfer this agreement without our consent; we can transfer it to a buyer of our business. Neither of us is responsible for delays caused by things outside our reasonable control. If part of these terms can't be enforced, the rest still applies. Notices to us go to [Contact email] and [Mailing address]; notices to you go to your account's admin email.