Terms of Service

1. The service

TradePath HQ is web-based software for scheduling, dispatching and billing field-service work. It includes an office application, a crew application used in a phone’s web browser, and secure links your customers use to follow a visit, approve a quote or pay an invoice. It is for business use; it is not offered to consumers.

2. Your workspace and users

• You are responsible for the people you invite to your workspace, the roles you give them, and everything done under their logins. Keep sign-in details private and tell us promptly if you believe an account has been compromised.
• The information you give us about your business, and the billing contact on your account, must be accurate.
• Your plan includes a number of seats. Each active person on your team, in the office or in the field, uses one.

3. Free trial

A new workspace starts with a 14-day free trial. No payment card is required to start. If the trial ends without a subscription, the workspace becomes read-only: you can still sign in and view your data, but not change it, until you choose a plan. Ending the trial does not delete your data.

4. Plans, fees and billing

• Current plans and prices are on our pricing page. Fees are billed in advance, for each billing period, through our payment processor, Stripe.
• Fees do not include taxes. You are responsible for any sales, use or similar taxes that apply to your subscription, other than taxes on our income.
• We may change our prices. A change applies from your next billing period after at least 30 days’ notice to your account’s billing contact.
• You can cancel at any time, from the billing page in the app or by contacting us. Cancellation takes effect at the end of the current billing period. Fees already paid are not refunded, except where the law requires it.
• If a payment fails, we may make your workspace read-only until it is resolved.

5. Payments you take from your customers

If you connect a Stripe account, your customers can pay your invoices by card. For those payments:

• The payments are made to your own Stripe account, and you are the merchant. We are not a party to the transaction between you and your customer and do not hold your funds.
• Your use of Stripe is governed by your own agreement with Stripe, including the Stripe Connected Account Agreement. Stripe, not TradePath HQ, decides whether to accept your account and when to pay out.
• TradePath HQ does not charge a fee on these payments. Stripe charges its own fees to your Stripe account.
• You are responsible for your prices, invoices, refunds, disputes and chargebacks, and for any taxes on your sales.
• A customer’s card is charged automatically only when you turn on auto-charge for a service plan and the customer has saved a card. You are responsible for having your customer’s permission to do so.

6. Your data

• You own the data you and your team put into TradePath HQ, including your customers’ details (“Your Data”). You give us permission to host, copy, process and display Your Data only as needed to provide, secure and support the service, and as described in our Privacy Policy.
• For personal information in Your Data, you are the controller and we process it on your behalf, under our Data Processing Addendum, which forms part of these terms.
• You are responsible for having the right to collect Your Data and to use it in TradePath HQ, including your customers’ contact details.
• We do not sell Your Data, and we do not use it to advertise to you or anyone else.

7. Your crew’s location

When a worker presses certain buttons on a visit in the crew app, such as “Start driving”, “Arrived” and “Complete”, the phone’s location at that moment is recorded with the visit. The app does not track location in the background. You are responsible for telling your workers that this happens and for complying with the employment and privacy laws that apply to you.

8. Messages we send for you

The service sends emails to your customers on your behalf, such as appointment confirmations, reminders, “on the way” notices, quotes and invoices. You are responsible for their content and for having your customers’ permission to contact them. When a worker uses “tap to text”, the message is sent from the worker’s own phone, not by TradePath HQ.

9. Acceptable use

You agree not to, and not to let anyone else:

• use the service for anything unlawful, deceptive or harmful, or to send unsolicited marketing;
• upload material you do not have the right to use, or that contains malware;
• try to reach another workspace’s data, test or bypass our security, or disrupt the service;
• scrape, copy or resell the service, or use it to build a competing product;
• share logins, or use one seat for more than one person.

10. Our commitments and changes to the service

• We will provide the service with reasonable skill and care, and protect Your Data as described on our security page.
• We improve the service continually and may add, change or remove features. We will not make a change that materially reduces what your plan includes during a period you have already paid for.
• We aim to keep the service available at all times but do not guarantee it will be uninterrupted or error-free.

11. Suspension and termination

• You may stop using the service and cancel your subscription at any time.
• We may suspend or end your access if you do not pay, if you seriously or repeatedly break these terms, or if your use puts the service, other customers or the public at risk. Where reasonable, we will warn you first.
• After your workspace is closed, you can ask us for a copy of Your Data for 30 days. After that we will delete it within 90 days, except where the law requires us to keep it.

12. Disclaimers

Except as expressly stated in these terms, the service is provided “as is” and “as available”, and we disclaim all other warranties, whether express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement. TradePath HQ is a tool for running your business. It is not legal, tax, payroll or regulatory advice, and you remain responsible for the records your business is required to keep.

13. Limitation of liability

To the extent the law allows, neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or data, even if advised of the possibility. Each party’s total liability arising out of these terms is limited to the fees you paid us in the 12 months before the event giving rise to the claim. These limits do not apply to your payment obligations or to your obligations under section 14.

14. Indemnity

You will defend and indemnify TradePath HQ LLC against claims brought by third parties, including your customers and workers, arising from Your Data, your payments and dealings with your customers, the messages sent on your behalf, or your breach of these terms or of the law.

15. Changes to these terms

We may update these terms. For a material change we will notify your account’s owner by email or in the app at least 30 days before it takes effect. If you continue to use the service after that, the updated terms apply.

16. Governing law and disputes

These terms are governed by the laws of Missouri, without regard to its conflict-of-laws rules. Before starting any formal proceeding, each party will try in good faith to resolve a dispute by written notice and discussion for 30 days. Any proceeding that remains will be brought in the state or federal courts located in Missouri, and each party consents to those courts.

17. General

• These terms, the Privacy Policy and the Data Processing Addendum are the entire agreement between us about the service.
• If part of these terms is unenforceable, the rest stays in effect.
• Neither party is liable for delays caused by events beyond its reasonable control.
• You may not transfer these terms without our consent. We may transfer them as part of a merger, acquisition or sale of assets.
• Not enforcing a provision is not a waiver of it.

18. Contact

Questions about these terms: admin@tradepathhq.com.