Terms of Service

1. Agreement to Terms

Welcome to Plumb. These Terms of Service ("Terms") govern your access to and use of the Plumb platform, including our website, applications, and services (collectively, the "Service") operated by Plumb Software Inc. ("Plumb," "we," "our," or "us").

By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access the Service.

You must be at least 18 years old to use this Service. By using the Service, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into these Terms.

2. Description of Service

Plumb provides a construction project management and payment platform that enables:

• Project Management: Create and manage construction projects, including budgets, timelines, and milestones
• Work Order Management: Create, assign, and track work orders with defined scopes and payment schedules
• Payment Processing: Facilitate milestone-based payments between contractors, subcontractors, and clients
• Contractor Network: Connect with and manage relationships with subcontractors and service providers
• Financial Tracking: Monitor project finances, budgets, and payment history

3. User Accounts

3.1 Account Creation

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
• Maintain the security of your account credentials
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized use of your account

3.2 Account Types

Plumb offers different account types:

• Contractor Accounts: For general contractors who manage projects and work orders
• Subcontractor Accounts: For subcontractors who receive work order assignments and payments
• Client Accounts: For homeowners or project owners who view project progress and make payments

3.3 Account Termination

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

4. Payment Terms

4.1 Subscription Fees

Access to the Plumb platform requires a paid subscription. Subscription plans and pricing are available on our website. By subscribing to a paid plan, you agree to pay all applicable fees.

• Subscription fees are billed in advance on a monthly or annual basis
• All fees are non-refundable except as required by law
• We reserve the right to change subscription fees upon 30 days' notice
• Additional transaction fees may apply for payment processing (see your plan details)

4.2 Payment Processing

Plumb uses Stripe to process payments between users. By using our payment features:

• You agree to Stripe's Connected Account Agreement and Services Agreement
• You authorize Plumb to share your information with Stripe as necessary
• You are responsible for the accuracy of payment information and recipient details
• Payment processing times are subject to Stripe's policies and banking procedures

4.3 Disputes Between Users

Plumb is not a party to contracts between contractors, subcontractors, and clients. We are not responsible for:

• The quality, safety, or legality of work performed
• Disputes over work scope, quality, or completion
• Non-payment or delayed payment between parties
• Breach of contract between users

Users are encouraged to resolve disputes directly. Plumb may, at its discretion, provide information to assist in dispute resolution but is under no obligation to do so.

5. User Conduct

You agree not to use the Service to:

• Violate any applicable laws, regulations, or third-party rights
• Engage in fraud, money laundering, or other financial crimes
• Submit false, misleading, or inaccurate information about projects or work
• Harass, abuse, or harm other users
• Interfere with or disrupt the Service or servers connected to the Service
• Attempt to gain unauthorized access to any part of the Service or other accounts
• Use the Service for any purpose other than its intended use
• Circumvent any content-filtering techniques we employ
• Use automated means (bots, scrapers, etc.) to access the Service without permission

6. Intellectual Property

6.1 Our Intellectual Property

The Service and its original content, features, and functionality are owned by Plumb Software Inc. and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws. Our trademarks and trade dress may not be used without our prior written consent.

6.2 Your Content

You retain ownership of any content you submit, post, or display on the Service ("User Content"). By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display such content solely for the purpose of providing and improving the Service.

You represent and warrant that:

• You own or have the right to use and share all User Content
• Your User Content does not infringe on the rights of any third party
• Your User Content complies with these Terms and all applicable laws

7. 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.

Plumb does not warrant that:

• The Service will function uninterrupted, secure, or error-free
• The results obtained from using the Service will be accurate or reliable
• The quality of the Service will meet your expectations
• Any errors in the Service will be corrected

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PLUMB SOFTWARE INC., ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS 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
• Disputes between users of the Service
• Payment processing errors or delays

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT YOU PAID TO PLUMB IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

9. Indemnification

You agree to defend, indemnify, and hold harmless Plumb Software Inc. and its affiliates, licensors, and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms
• Your User Content
• Your use of the Service
• Your violation of any third-party rights
• Any dispute between you and another user of the Service

10. Governing Law and Dispute Resolution

10.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Utah, United States, without regard to its conflict of law provisions.

10.2 Arbitration

Any dispute arising from or relating to these Terms or the Service shall be resolved by binding arbitration in Utah County, Utah, in accordance with the American Arbitration Association's Commercial Arbitration Rules. The arbitrator's decision shall be final and binding.

10.3 Class Action Waiver

YOU AGREE THAT ANY CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

11. 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 our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

12. 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.

13. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Plumb Software Inc. regarding the Service and supersede all prior agreements and understandings, whether written or oral.

14. Contact Us

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