The legal agreement between you and BOOTMARK governing your use of our platform.
These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "Customer," or "you") and BOOTMARK ("BOOTMARK," "we," "our," or "us") governing your access to and use of the BOOTMARK service management platform, including all associated websites, mobile applications, and APIs (collectively, the "Service").
By creating an account or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.
You must be at least 18 years old and legally capable of entering into contracts to use BOOTMARK. By registering, you represent that all information you provide is accurate and current. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify us immediately of any unauthorized account access.
Each account represents a single business entity. You may invite team members, employees, and clients with different access levels under your account. You are responsible for the activity of all users in your account.
New accounts receive a 14-day free trial with access to the plan features described at sign-up. No credit card is required to start a trial. At the end of the trial period, you must subscribe to continue using the Service. Trial accounts that do not convert will be deactivated and data retained for 30 days before deletion.
Paid subscriptions are billed on a monthly or annual basis depending on the plan selected. Prices are displayed in USD at the time of purchase. Subscription fees are non-refundable except as expressly stated in these Terms or required by applicable law.
You may cancel your subscription at any time from your account settings or by contacting support. Cancellation takes effect at the end of the current billing period. You retain access to the Service until the end of the paid period.
We may modify subscription pricing with 30 days' written notice via email. Continued use of the Service after the effective date constitutes acceptance of the new pricing.
You agree to use BOOTMARK only for lawful business purposes. You may not:
You retain full ownership of all data you upload or create within BOOTMARK ("Your Data"), including client records, work orders, photos, invoices, contracts, and forms. You grant BOOTMARK a limited, non-exclusive license to store, process, and display Your Data solely to provide the Service to you.
You are responsible for ensuring that Your Data does not violate any third-party rights, applicable laws, or regulations. You represent that you have all necessary rights and permissions to upload and use the data you provide.
BOOTMARK's GPS tracking features collect real-time location data from crew members who have consented and enabled location permissions. You are responsible for: (a) obtaining all legally required consents from employees and contractors before enabling GPS tracking; (b) complying with applicable federal and state employee monitoring laws; and (c) including location tracking disclosures in your employee policies. BOOTMARK is not liable for your failure to comply with location data laws.
BOOTMARK's electronic signature features are provided for convenience. E-signatures facilitated through BOOTMARK comply with the Electronic Signatures in Global and National Commerce Act (E-SIGN Act) and applicable state laws. You are responsible for ensuring your contracts and agreements meet all legal requirements for enforceability in your jurisdiction.
BOOTMARK and its licensors own all intellectual property rights in the Service, including the software, UI design, trademarks, and documentation. These Terms do not grant you any rights to BOOTMARK's intellectual property except the limited right to use the Service as described herein. You may not copy, modify, distribute, sell, or create derivative works from any BOOTMARK content without express written permission.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. BOOTMARK DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.
TO THE FULLEST EXTENT PERMITTED BY LAW, BOOTMARK'S TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM THESE TERMS OR YOUR USE OF THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO BOOTMARK IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) $100. BOOTMARK SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.
You agree to indemnify, defend, and hold harmless BOOTMARK and its officers, directors, employees, and agents from any claims, damages, losses, and expenses (including reasonable attorney fees) arising from: (a) your use of the Service; (b) Your Data; (c) your violation of these Terms; or (d) your violation of any third-party rights.
We may suspend or terminate your account immediately if you violate these Terms, fail to pay subscription fees, or for any reason we determine necessary to protect the Service or other users. Upon termination, your right to use the Service ceases immediately. We will retain your data for 90 days post-termination before permanent deletion, unless you request earlier deletion.
These Terms are governed by the laws of the United States and the state of Delaware, without regard to conflict of law principles. Any disputes arising from these Terms shall first be attempted to be resolved through good-faith negotiation. If unresolved, disputes shall be submitted to binding arbitration under the rules of the American Arbitration Association (AAA), conducted in English, with proceedings held remotely. You waive the right to participate in class action lawsuits related to these Terms.
We may update these Terms from time to time. We will notify you of material changes via email at least 14 days before they take effect. Continued use of the Service after the effective date constitutes acceptance of the updated Terms.
For questions about these Terms: helpdesk@bootmarkapp.com | +1 866 692 2016
