Terms of Service
These terms govern your use of LaunchPresence and outline our mutual rights and responsibilities.
Last updated: January 15, 2024
1. Introduction
These Terms of Service ("Terms") govern your access to and use of the LaunchPresence platform, website, mobile application, and related services (collectively, the "Services") provided by LaunchPresence ("we," "our," or "us").
By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you disagree with any part of these Terms, you may not access or use our Services.
These Terms constitute a legally binding agreement between you and LaunchPresence. Please read them carefully before using our Services.
2. Eligibility
To use our Services, you must meet the following eligibility requirements:
- You must be at least 18 years of age
- You must be authorized to act on behalf of a cleaning business or have the legal capacity to enter into this agreement
- You must provide accurate and complete information during registration
- You must not be prohibited from using our Services under applicable laws
- Your use of the Services must comply with all applicable local, state, national, and international laws and regulations
By creating an account, you represent and warrant that you meet these eligibility requirements and that all information you provide is accurate and current.
3. Use of Services
Permitted Uses
You may use LaunchPresence's Services, including but not limited to:
- Automated shift rescheduling and team management
- Digital checklists and photo documentation
- Smart consumables tracking and inventory management
- Secure key and access code management
- SMS and email notifications for business operations
- Dashboard reporting and business analytics
These Services may only be used for lawful cleaning business operations and in accordance with these Terms.
Prohibited Uses
You agree not to use our Services to:
- Engage in any illegal, fraudulent, or unauthorized activities
- Send spam, unsolicited communications, or violate anti-spam laws
- Attempt to gain unauthorized access to our systems, other user accounts, or computer networks
- Upload, transmit, or distribute malicious software or harmful content
- Violate the intellectual property rights of LaunchPresence or third parties
- Interfere with or disrupt the integrity or performance of our Services
- Use our Services for any purpose other than legitimate cleaning business operations
- Reverse engineer, decompile, or attempt to extract source code from our platform
4. User Responsibilities
As a user of our Services, you are responsible for:
Account Management
- Maintaining accurate, current, and complete account information
- Keeping your login credentials secure and confidential
- Promptly notifying us of any unauthorized use of your account
- Being responsible for all activities that occur under your account
SMS Communications Compliance
- Ensuring proper opt-in consent from all recipients before sending SMS communications through LaunchPresence
- Complying with all applicable telecommunications and messaging regulations
- Providing clear opt-out mechanisms for SMS recipients
- Using SMS features only for legitimate business communications
Legal Compliance
- Complying with all applicable federal, state, and local laws and regulations
- Obtaining necessary licenses and permits for your cleaning business operations
- Respecting the privacy and rights of your clients and team members
- Using the Services in accordance with industry best practices and standards
5. Payment Terms
Pricing and Fees
Pricing for our Services is as specified on our Pricing page at the time of your subscription. All fees are stated in U.S. dollars and are non-refundable except as expressly stated in these Terms.
Billing and Payment
- Subscriptions are billed monthly in advance
- Payment is due immediately upon subscription and on each renewal date
- You authorize us to charge your designated payment method for all applicable fees
- You are responsible for keeping your payment information current and accurate
Cancellation and Refunds
- You may cancel your subscription at any time by providing notice before your next billing cycle
- Cancellations take effect at the end of your current billing period
- No refunds will be provided for partial months of service
- We reserve the right to modify pricing with 30 days' advance notice
Free Trial
We may offer a free trial period for new users. If you do not cancel before the end of your free trial, you will be automatically charged for your selected subscription plan.
6. Intellectual Property
LaunchPresence Property
LaunchPresence retains all rights, title, and interest in and to the Services, including:
- The LaunchPresence platform, software, and technology
- All designs, graphics, text, and content on our website and platform
- Trademarks, service marks, and logos
- All improvements, modifications, and derivative works
User Data
You retain ownership of all data, content, and information that you upload, submit, or create using our Services ("User Data"). By using our Services, you grant us a limited, non-exclusive license to use your User Data solely to provide and improve our Services.
Feedback
Any feedback, suggestions, or ideas you provide about our Services become the property of LaunchPresence and may be used without restriction or compensation.
7. Disclaimer & Limitation of Liability
Disclaimer of Warranties
OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:
- Warranties of merchantability, fitness for a particular purpose, and non-infringement
- Warranties that the Services will be uninterrupted, error-free, or completely secure
- Warranties regarding the accuracy, reliability, or completeness of any content
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, LAUNCHPRESENCE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:
- Loss of profits, revenue, or business opportunities
- Data loss or corruption
- Business interruption or downtime
- Cost of substitute services
Our total liability for any claims arising from or related to these Terms or the Services shall not exceed the amount you paid us in the 12 months preceding the claim.
8. Termination
Termination by You
You may terminate your account and stop using our Services at any time by:
- Canceling your subscription through your account settings
- Contacting our support team at jimmy@launchpresence.com
- Following the cancellation procedures outlined in our platform
Termination by LaunchPresence
We may suspend or terminate your access to our Services immediately, without prior notice, if:
- You violate these Terms or our Privacy Policy
- Your account becomes delinquent on payment
- We reasonably believe your use of the Services poses a security risk
- You engage in fraudulent or illegal activities
- We discontinue the Services (with reasonable advance notice)
Effect of Termination
Upon termination, your right to use the Services will cease immediately. We will provide you with a reasonable opportunity to export your data, after which we may delete your account and data in accordance with our data retention policies.
9. Changes to Terms
We reserve the right to modify these Terms at any time. When we make material changes, we will:
- Post the updated Terms on our website
- Update the "Last Updated" date at the top of this page
- Notify you via email or through our platform if the changes significantly affect your rights or obligations
- Provide at least 30 days' notice for material changes
Your continued use of our Services after any changes indicates your acceptance of the updated Terms. If you disagree with the changes, you must stop using our Services and may terminate your account.
10. Governing Law
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 law principles.
Any disputes arising from or relating to these Terms or the Services shall be resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association.
You and LaunchPresence agree that any arbitration shall be limited to the dispute between you and LaunchPresence individually. You agree to waive any right to a jury trial or to participate in a class action lawsuit or class-wide arbitration.
11. Miscellaneous
Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and LaunchPresence regarding the Services and supersede all prior agreements and understandings.
Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
Waiver
Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.
Assignment
You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms without restriction.
12. Contact Information
If you have any questions about these Terms or need to contact us for legal matters, please reach out to us:
Email: jimmy@launchpresence.com
Subject Line: Terms of Service Inquiry
Response Time: We aim to respond to all legal inquiries within 48 hours.
These Terms of Service are effective as of January 15, 2024 and apply to all users of LaunchPresence.