Terms of Service

DRAFT — not reviewed by a lawyer. Do not publish before review.

Last updated: [PLACEHOLDER: date of publication]

1. About these Terms

These Terms of Service ("Terms") are an agreement between you and [PLACEHOLDER: company legal name], [PLACEHOLDER: company address, country] ("Ubity", "we", "us"). They apply to our business management apps, our cloud service, our websites, and our customer portal (together, the "Services").

By creating an account, linking a device, or using the Services, you agree to these Terms and to our Privacy Policy. If you use the Services for a business, you confirm that you can bind that business. If you do not agree, do not use the Services.

2. Accounts and Security

You must give true information when you create an account, and keep it current.
You are responsible for all activity in your account and on the devices that you link.
Keep your password, passcodes, and device tokens secret. Give each person their own user account.
Tell us at once if you think someone used your account without your permission.
You can unlink a device at any time. We may unlink or block a device or account that puts the Services at risk.
You must be old enough to make a binding contract in your country.

3. Subscriptions, Plans, and Trials

Some features need a paid subscription. Each plan has a price, a billing period (for example monthly or yearly), and limits (for example the number of stores, devices, or users) and features. They are shown on our website or in the customer portal.
We may offer a free trial. When the trial ends, you need a paid plan to keep the paid features. [PLACEHOLDER: trial length and what happens at the end of a trial.]
If you go over a plan limit, we may stop new devices or features from being added. We do not remove devices that are already linked, and we do not stop the work that you already do, only because of a lower limit.
Taxes may apply, depending on your country.

4. Payment

We may accept payment in different ways. At first, we may record payments by hand after you pay us in a way that we agree with you (for example a bank transfer). We may also use an online payment provider.
If you pay through a payment provider, the provider handles your payment details. Its terms and privacy policy also apply. We do not store full card numbers.
Unless the law or these Terms say otherwise, payments are not refundable. [PLACEHOLDER: refund policy.]

5. Changes to Prices and Plans

We may change prices, plans, limits, and features. We give you notice before a change affects you, normally by email or in the Services. [PLACEHOLDER: minimum notice, for example 30 days.] A change starts at your next renewal. If you do not agree, you can cancel before the change starts.

6. Renewals and Reminders

A subscription renews for the same period at the end of each period, unless you cancel or we tell you otherwise. [PLACEHOLDER: confirm automatic or manual renewal.]
We send reminders before your subscription ends, in the Services or by email. [PLACEHOLDER: reminder timing; current plan is 30 and 15 days before the end.]
Near the end, the apps may show a countdown or a clear banner.
You can cancel at any time. The subscription stays active until the end of the period that you paid for.

7. Unpaid Accounts

If a payment is late or missing at the end of a subscription period, your access to some features may become limited. For example, new sales or sync may stop.
We do not delete your data because of a missed payment. Your data stays safe, and you can still export it.
When you pay, we restore your access.
How long we keep data after a subscription ends is in section 15 and in the Privacy Policy.

8. Automatic Updates and Minimum Versions

Our apps update themselves. The app downloads new versions in the background and installs them at a safe time, for example when it is idle and no work is open.
You agree to receive these updates. Updates may fix errors, improve security, and add or change features.
We may set a minimum supported version. An app below that version may need to update before it can start or sync. We may stop support for old versions.
Before an update, the app may make a local backup copy on your device.
Apps from an app store may be updated by that store under its rules.

9. Acceptable Use

You agree not to:

break the law, or use the Services to do anything illegal or harmful;
store or send content that you have no right to use;
try to get into accounts, data, or systems that are not yours;
harm, overload, or disturb the Services, or avoid their limits or security;
copy, sell, rent, reverse engineer, or take apart the Services, except where the law allows it;
share your account with people outside your business, or resell the Services without our written permission;
send spam or abusive messages through the Services.

We may suspend or end access if you break these rules.

10. Your Data

You own your business data. This is the data that you and your team store in the Services. We do not claim ownership of it.
You give us the right to store, process, back up, sync, display, and export it, only as needed to run the Services for you, as the Privacy Policy describes.
You are responsible for your data: that it is lawful, that you have the right to store it (including the personal data of your own customers and suppliers), and that it is correct.
You are responsible for your own legal duties, such as tax, invoicing, and record keeping rules. The Services are tools. They do not give legal, tax, or accounting advice.
Our cloud service can read data that you store in it. This is needed to sync devices, show data in the customer portal and on your phone, and make exports that you ask for. Support access is limited and recorded, as the Privacy Policy describes.
You can export your data at any time (see section 15).

11. Availability, Offline Use, and Backups

Our apps are made to work offline. The cloud service needs an internet connection.
We work to keep the Services available and safe, but we do not promise uninterrupted or error-free service. We may do maintenance, and problems may happen.
Some things are outside our control, for example internet failures, outages at our providers, or power loss.
We make backups of the cloud service, but you should also keep your own copies, for example by using the export and local backup functions. We do not promise that no data will ever be lost.
Features that depend on a connection (for example sync) may be late when you are offline. The apps send your changes when the connection returns.

12. Beta Features and Third-Party Platforms

Some features are marked as beta or early access. For example, optional messaging integrations. You use them at your own risk. They may change, stop working, or be removed.
Third-party platforms (for example messaging or sign-in platforms) have their own terms. They may limit, change, or block accounts, phone numbers, or features at any time, and we cannot control this. We are not responsible for loss or damage from such actions.
Use of a beta feature that sends messages to others is your decision. You must follow the law and the platform's rules.

13. Intellectual Property

The Services, their software, names, and designs belong to Ubity or our licensors. We give you a limited, non-exclusive, non-transferable right to use the Services during your subscription or trial, as these Terms allow. You keep the rights to your data and content. If you send us feedback, we may use it without a duty to you.

14. Limits of Liability

The Services are provided "as is" and "as available". To the fullest extent that the law allows, we give no warranties, express or implied, including for fitness for a particular purpose.
To the fullest extent that the law allows, we are not liable for indirect, special, or consequential loss, or for loss of profit, revenue, business, or data.
Our total liability for any claim about the Services is limited to the amount that you paid us for the Services in the [PLACEHOLDER: period, for example 12] months before the event.
Nothing in these Terms limits liability that the law does not allow us to limit.
You agree to pay for claims and costs that come from your breach of these Terms or your misuse of the Services. [PLACEHOLDER: lawyer to confirm if an indemnity clause is wanted.]

15. Termination and Data Export

You can stop using the Services and cancel at any time.
We may suspend or end your access if you break these Terms, put the Services or others at risk, or if the law requires it. When it is reasonable, we give you notice first.
We may stop offering a Service. We give you notice and time to export your data.
Export. Before and after the end of your subscription, you can export your data, or ask us for a copy.
Data after the end. We keep your data for a period after a subscription ends, so you can export it or come back. [PLACEHOLDER: retention period; decision open.] After this period, we may delete it from the cloud service after we send you a notice. You can ask us to delete it sooner.
Data on your own devices stays on those devices.
Sections that by their nature should continue (for example data ownership, liability, and governing law) continue after the end.

16. Changes to These Terms

We may change these Terms. We tell you about important changes before they start, by email or in the Services. If you continue to use the Services after the change starts, you accept the new Terms. If you do not agree, stop using the Services and cancel.

17. Governing Law and Disputes

These Terms are governed by the laws of [PLACEHOLDER: COUNTRY]. The courts of [PLACEHOLDER: COUNTRY / city] decide disputes, unless the law of your country gives you other rights. [PLACEHOLDER: lawyer to confirm dispute process, for example talks first, then court or arbitration.]

18. General

If a part of these Terms is not valid, the other parts stay in force.
If we do not enforce a right, we do not give it up.
You may not transfer these Terms without our consent. We may transfer them as part of a merger, sale, or reorganization.
These Terms and the Privacy Policy are the full agreement between you and us about the Services.

19. Contact

Email: [PLACEHOLDER: contact email]
Website: https://ubity.dev
Address: [PLACEHOLDER: company address]