Terms of Service

1. Acceptance of Terms

By accessing or using Subser ("the Service"), operated by Subser LLC ("we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Service. These Terms apply to all visitors, users, and others who access the Service, including service providers ("Builders") and their customers ("End Customers").

2. Description of Service

Subser is a job scheduling and business management platform designed for service-based businesses. The Service enables Builders to:

• Schedule and manage jobs and appointments
• Manage customer information and communication
• Coordinate crew members and assignments
• Process payments through integrated payment providers
• Provide customers with booking, tracking, and payment capabilities
• Optimize routes and track service locations

3. Account Registration

To use certain features of the Service, you must register for an account. When you register, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Keep your password secure and confidential
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized use of your account

You must be at least 18 years old to create an account. By creating an account, you represent that you are at least 18 years of age.

4. Builder Obligations

If you are a Builder using the Service, you agree to:

• Maintain all required licenses, permits, and insurance for your business
• Provide accurate information about your services and pricing
• Honor appointments and commitments made through the Service
• Communicate professionally with End Customers
• Comply with all applicable laws and regulations in your jurisdiction
• Obtain necessary consents before collecting customer data
• Not use the Service for any illegal or unauthorized purpose

5. End Customer Terms

If you are an End Customer using the Service to book or pay for services, you acknowledge that:

• Services are provided by independent Builders, not by Subser
• Subser is not responsible for the quality of services provided by Builders
• You should verify Builder credentials and reviews before booking
• Cancellation and refund policies are set by individual Builders
• Your personal information will be shared with the Builder you book

6. Payments and Fees

Subscription Fees: Builders may be required to pay subscription fees for access to certain features. Fees are billed in advance on a monthly or annual basis and are non-refundable except as required by law.

Payment Processing: Payment processing services are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service. By using payment features, you agree to be bound by these terms.

Transaction Fees: A percentage-based transaction fee may apply to payments processed through the Service. Current fee schedules are available in your account settings.

7. Data Retention

Invoice Retention: Invoices and related payment records are retained in the Service for a period of two (2) years from the date of creation. After this period, invoice data may be automatically deleted from our systems.

Your Responsibility: You are solely responsible for maintaining your own records for tax, legal, and business purposes. We strongly recommend that you download and securely store copies of all invoices, receipts, and financial records that you may need for longer-term record-keeping. Subser is not responsible for any loss resulting from the deletion of data after the retention period.

8. Location Services

The Service may use location data for route optimization, arrival notifications, and real-time tracking features. By enabling location services:

• Builders consent to sharing their location with End Customers during active jobs
• Location data is used to calculate ETAs and optimize routes
• You may disable location services at any time through your device settings
• Some features may not function properly without location access

9. Intellectual Property

The Service and its original content, features, and functionality are owned by Subser LLC and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the Service without our express written permission.

You retain ownership of all content you submit to the Service, but grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, and display such content for the purpose of operating and improving the Service.

10. Prohibited Uses

You agree not to use the Service to:

• Violate any applicable laws or regulations
• Infringe on the rights of others
• Transmit malware, viruses, or other harmful code
• Attempt to gain unauthorized access to the Service or its systems
• Interfere with or disrupt the Service or servers
• Collect user information without consent
• Send unsolicited communications or spam
• Impersonate another person or entity
• Engage in any fraudulent activity

11. Disclaimer of Warranties

THE SERVICE IS 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, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

We do not warrant that the Service will be uninterrupted, secure, or error-free, that defects will be corrected, or that the Service is free of viruses or other harmful components.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SUBSER INC., ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to or use of or inability to access or use the Service
• Any conduct or content of any third party on the Service
• Any content obtained from the Service
• Unauthorized access, use, or alteration of your transmissions or content

Our total liability shall not exceed the amount you paid us in the twelve months prior to the claim, or one hundred dollars ($100), whichever is greater.

13. Indemnification

You agree to defend, indemnify, and hold harmless Subser LLC and its licensees and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses arising from:

• Your use of and access to the Service
• Your violation of these Terms
• Your violation of any third party right, including any intellectual property or privacy right
• Any claim that your content caused damage to a third party

14. Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason, including without limitation if you breach these Terms. Upon termination, your right to use the Service will cease immediately.

You may terminate your account at any time by contacting us at ben@subser.com. Upon termination, you will remain liable for all amounts due up to and including the date of termination.

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms shall be brought exclusively in the federal or state courts located in Delaware.

16. Dispute Resolution

Any dispute arising from these Terms or the Service shall first be attempted to be resolved through informal negotiation. If the dispute cannot be resolved informally, you agree to submit to binding arbitration in accordance with the rules of the American Arbitration Association. You agree that any arbitration shall be conducted on an individual basis and not as a class action.

17. Changes to Terms

We reserve the right to modify or replace these Terms at any time at our sole discretion. If a revision is material, we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use the Service after revisions become effective, you agree to be bound by the revised terms.

18. Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

19. Contact Us

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