Terms of Service

ToolTally provides tools for contractors and crews to track physical tools, equipment, job sites, and related operational data. We may add, change, or remove features at any time. We will give reasonable advance notice of any change that materially reduces the Service's functionality for paying subscribers.

To use the Service you must:

• Be at least 18 years old.
• Provide accurate registration information and keep it current.
• Keep your password confidential and not share your account with others.
• Promptly notify us at hello@tooltally.app of any unauthorized access to your account.

You are responsible for all activity that occurs under your account. If you sign up on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable law or regulation.
• Upload or transmit content that is harmful, harassing, defamatory, infringing, or otherwise objectionable.
• Attempt to gain unauthorized access to the Service, other users' accounts, or our infrastructure.
• Probe, scan, or test the vulnerability of the Service except through a coordinated disclosure to us.
• Scrape, crawl, or otherwise extract data from the Service in bulk by automated means.
• Reverse engineer, decompile, or attempt to derive source code from the Service, except where this restriction is prohibited by law.
• Resell, sublicense, or otherwise commercially exploit the Service without our written permission.
• Interfere with or disrupt the Service, including by sending excessive traffic.

We may suspend or terminate accounts that violate this section.

You retain all rights to the content and data you submit to the Service (“Your Content”), including tool records, photos, and operational data. You grant us a limited, non-exclusive, worldwide license to host, store, transmit, and display Your Content solely as necessary to provide the Service to you and your organization.

You are responsible for ensuring you have the necessary rights to upload and share Your Content, and that Your Content does not violate any third party's rights.

Paid plans are billed in advance on a monthly or annual basis, depending on the plan you select. Fees are non-refundable except where required by law or expressly stated otherwise.

• Payments are processed by our payment processor, Stripe.
• Subscriptions renew automatically at the end of each billing period at the then-current price unless you cancel before renewal.
• We may change pricing for renewals on at least 30 days' notice. Continued use after the new pricing takes effect constitutes acceptance of the new price.
• You are responsible for any applicable taxes.

We may offer free trials, founding member pricing, or other promotional pricing. Eligibility, duration, and terms of any such offer will be described at the time it is presented to you. Founding member pricing, where offered, applies to the subscription tier you initially activate under that offer and remains in effect for as long as your account stays in good standing with continuous active subscription on that tier.

You may cancel your subscription at any time from your account settings or by contacting hello@tooltally.app. Cancellation takes effect at the end of the current billing period; you will retain access until then and will not be charged for the following period.

We may suspend or terminate your account for material breach of these Terms, non-payment, fraud, or to comply with legal obligations. Where reasonable, we will give you notice and an opportunity to cure the issue.

On termination, your right to use the Service ends. We will make Your Content available for export for a reasonable period (typically 30 days) before deletion in accordance with our Privacy Policy.

The Service is provided “as is” and “as available” without warranties of any kind, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, secure, or that any data will be preserved without loss.

You are responsible for maintaining your own backups of critical data.

To the maximum extent permitted by law, ToolTally and its officers, employees, and affiliates will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business opportunity, arising out of or related to your use of the Service, even if advised of the possibility of such damages.

Our total aggregate liability for any claim arising out of or related to the Service will not exceed the greater of (a) the amount you paid us for the Service in the 12 months preceding the event giving rise to the claim, or (b) one hundred US dollars (US $100).

You agree to defend, indemnify, and hold harmless ToolTally from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to your violation of these Terms, your misuse of the Service, or your violation of any law or third-party right.

These Terms are governed by the laws of the State of Alaska, without regard to its conflict-of-laws principles. You agree that the state and federal courts located in Alaska have exclusive jurisdiction over any dispute arising out of or related to these Terms or the Service, and you consent to the personal jurisdiction of those courts.

We may update these Terms from time to time. When we make material changes, we will notify you by email or through the Service at least 14 days before they take effect. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms.

These Terms, together with our Privacy Policy, are the entire agreement between you and ToolTally regarding the Service and supersede any prior agreements. If any provision is held unenforceable, the remaining provisions remain in effect. Our failure to enforce any right or provision is not a waiver of that right or provision. You may not assign these Terms without our prior written consent; we may assign them in connection with a merger, acquisition, or sale of assets.

For questions about these Terms, contact us at:

Gerald James LLC dba ToolTally
hello@tooltally.app