Terms & Conditions

By accessing the Services, you confirm that you are at least 18 years old (or the age of majority in your jurisdiction), have the legal capacity to enter into a binding agreement, and accept these Terms in full. If you are using the Services on behalf of a business or organization, you represent that you have authority to bind that entity to these Terms.

To use most features of JobCount, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration;
• Maintain and promptly update your account information;
• Keep your password confidential and not share your account credentials;
• Notify us immediately of any unauthorized use of your account;
• Take responsibility for all activity that occurs under your account.

JobCount reserves the right to suspend or terminate accounts that contain false information or are used in violation of these Terms.

You agree not to use the Services to:

• Violate any applicable law or regulation;
• Infringe the intellectual property, privacy, or other rights of any party;
• Send unsolicited marketing, spam, phishing, or abusive content;
• Distribute malware, viruses, or other harmful code;
• Interfere with or disrupt the integrity or performance of the Services;
• Attempt to gain unauthorized access to any portion of the Services or related systems;
• Reverse engineer, decompile, or otherwise attempt to derive the source code of any portion of the Services that is not made available as open source;
• Use the Services to compete with JobCount or build a competing product.

You retain all ownership rights to the data, photos, recordings, work orders, invoices, customer records, and other content you create or upload to JobCount ("Customer Content").

By submitting Customer Content, you grant JobCount a worldwide, non-exclusive, royalty-free license to use, store, process, and transmit that content solely for the purpose of operating, maintaining, and improving the Services on your behalf. This license terminates when you delete the content or close your account, except as required for legal retention or backup.

You are responsible for ensuring you have the necessary rights and consents from third parties (including your customers) to upload Customer Content to JobCount and to authorize JobCount's processing of that content.

JobCount provides integrated SMS, MMS, voice, and email tools so shops can communicate with their customers. When you use these tools, you are responsible for ensuring that all communications:

• Comply with the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, CTIA messaging guidelines, and applicable carrier policies;
• Are sent only to recipients who have provided prior express consent;
• Honor opt-out requests immediately, including the standard STOP keyword;
• Identify the sending shop and provide a means to opt out.

For details on how SMS opt-in works, see our SMS Consent & Opt-In Disclosure. You agree to indemnify JobCount against claims arising from messages you send in violation of applicable law.

Certain features of JobCount are offered on a paid subscription basis. By subscribing, you authorize JobCount (and its payment processor, currently Stripe) to charge the payment method on file for the applicable subscription fees, applicable taxes, and overage charges, if any.

Subscription fees are billed in advance on a recurring basis (monthly or annually as selected). Fees are non-refundable except where required by law or as expressly stated otherwise. You may cancel your subscription at any time through your account settings; cancellation takes effect at the end of the current billing period.

JobCount may change subscription pricing on at least 30 days' notice. Continued use of paid features after a price change constitutes acceptance of the new pricing.

The Services integrate with third-party platforms, including but not limited to Twilio (telephony & SMS), Stripe (payments), Microsoft Azure (storage), OpenAI and Anthropic (AI features), and Google Workspace (calendar & mail). Your use of those features is also subject to the applicable third-party terms.

JobCount is not responsible for the availability, accuracy, content, or performance of any third-party service.

The Services, including all software, designs, text, graphics, logos, and other content provided by JobCount, are the exclusive property of JobCount and its licensors and are protected by intellectual-property laws. Nothing in these Terms grants you any right or license to use any JobCount trademarks, service marks, or trade names without our prior written consent.

The Services are provided "as is" and "as available" without warranties of any kind, whether express or implied. To the fullest extent permitted by law, JobCount disclaims all warranties, including warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranty arising from course of dealing or usage of trade.

JobCount does not warrant that the Services will be uninterrupted, error-free, secure, or free of harmful components, nor that any defects will be corrected.

To the maximum extent permitted by law, in no event shall JobCount, its affiliates, directors, employees, or licensors be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, revenue, data, or business opportunity, arising out of or related to your use of the Services.

JobCount's total aggregate liability for any claim arising out of or related to these Terms or the Services shall not exceed the greater of (a) the amount you paid to JobCount in the twelve (12) months preceding the event giving rise to the claim, or (b) one hundred U.S. dollars (USD $100).

You agree to defend, indemnify, and hold harmless JobCount and its affiliates, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with: (a) your access to or use of the Services; (b) your violation of these Terms; (c) your violation of any third-party right, including any intellectual-property or privacy right; or (d) any claim that Customer Content you submitted caused damage to a third party.

You may terminate your account at any time through your account settings or by contacting [email protected].

JobCount may suspend or terminate your access to the Services at any time, with or without cause, including for breach of these Terms. Upon termination, your right to access the Services ceases immediately. Sections of these Terms that by their nature should survive termination (including ownership, warranty disclaimers, indemnification, and limitations of liability) shall survive.

JobCount may modify these Terms from time to time. The updated Terms will be posted at jobcount.org/terms with a revised "Effective" date. Material changes will be communicated by an in-app notice or email. Your continued use of the Services after the effective date of the updated Terms constitutes acceptance of those changes.

These Terms are governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict-of-laws principles. Any dispute arising out of or related to these Terms or the Services shall be resolved exclusively in the state or federal courts located in Delaware, and you consent to the personal jurisdiction of those courts.

Questions about these Terms? Reach the JobCount team at:

• [email protected]
• [email protected]
• [email protected]

JobCount · https://jobcount.org