Terms of Service

1. Agreement to Terms

By accessing or using BulkTrackPro ("Service", "Platform", "Software"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you may not access the Service.

BulkTrackPro provides a cloud-based software platform for managing bulk delivery operations, including order management, customer relationship management (CRM), driver coordination, payment processing, and related services.

2. Definitions

• "Service" or "Platform" refers to the BulkTrackPro software application, including all features, tools, and related services.
• "Partner" or "Customer" refers to the business entity or individual that subscribes to use the Service.
• "End-Customer" or "Consumer" refers to the customers of the Partner who place orders through the Platform.
• "User" refers to any individual authorized by the Partner to access and use the Service.
• "Content" refers to all data, information, text, images, and other materials uploaded, submitted, or transmitted through the Service.
• "Subscription Plan" refers to the pricing tier selected by the Partner (Landscaper Pro, BulkTrack CRM, or custom Enterprise plans).

3. Account Registration and Eligibility

3.1 Eligibility

You must be at least 18 years old and capable of forming a binding contract to use this Service. By registering, you represent and warrant that you meet these requirements.

3.2 Account Creation

To access the Service, you must create an account by providing accurate, complete, and current information. You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access or security breach

3.3 Business Verification

We reserve the right to verify your business information and may request additional documentation to confirm your identity and business legitimacy.

4. Subscription Plans and Pricing

4.1 Plan Types

BulkTrackPro offers the following subscription plans:

• Landscaper Pro: $220 per month — Includes core order management, driver coordination, invoicing, and mobile app for customer self-service ordering
• BulkTrack CRM: $550 per month — Includes everything in Landscaper Pro plus full CRM, lead management, consumer website, advanced analytics, inventory management, and multi-location support
• Add-Ons: QuickBooks Integration +$69.99/month; SMS Communication +$69.99/month (BulkTrack CRM only); Additional User Seats +$15/user/month
• Enterprise Plan: Custom pricing — Tailored solutions for high-volume operations with dedicated support

4.2 Billing and Payment

• Subscriptions are billed monthly in advance
• Payment is due on the subscription start date and each monthly anniversary thereafter
• All fees are non-refundable except as required by law or explicitly stated in these Terms
• You authorize us to charge your designated payment method for all fees

4.3 Price Changes

We reserve the right to modify subscription pricing with at least 30 days' advance notice. Continued use of the Service after the effective date of a price change constitutes acceptance of the new pricing.

4.4 Overage Charges

If your monthly order volume exceeds your plan's included orders, overage charges may apply as specified in your plan details. We will notify you when approaching your plan limits.

4.5 Taxes

All fees are exclusive of applicable federal, state, local, and foreign taxes, duties, and similar assessments. You are responsible for all such taxes except those based on our net income.

5. Service Features and Usage

5.1 Permitted Use

You may use the Service solely for lawful business purposes related to managing your bulk delivery operations. Permitted uses include:

• Managing orders, customers, and inventory
• Coordinating driver assignments and deliveries
• Processing payments from End-Customers
• Sending notifications via SMS and email
• Generating invoices and reports
• Accessing QuickBooks and other integrations

5.2 Prohibited Uses

You agree not to:

• Use the Service for any illegal purpose or in violation of any laws
• Transmit spam, unsolicited messages, or marketing materials to individuals who have not consented
• Upload malicious code, viruses, or harmful content
• Attempt to gain unauthorized access to the Service or related systems
• Reverse engineer, decompile, or disassemble the Service
• Resell, sublicense, or redistribute the Service without authorization
• Use the Service to compete with BulkTrackPro or develop a competing product
• Violate any third-party rights, including intellectual property and privacy rights
• Harass, abuse, or harm other users or End-Customers

5.3 SMS and Email Communications

The Service includes SMS and email notification capabilities. You agree to:

• Obtain proper consent from End-Customers before sending SMS or email communications
• Comply with the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, and all applicable communications laws
• Provide clear opt-out mechanisms in all communications
• Honor opt-out requests promptly
• Use SMS and email features only for transactional and service-related messages (order confirmations, delivery updates, receipts)

You are solely responsible for the content of messages sent through the Service and any legal consequences arising from improper use of communication features.

5.4 Payment Processing

The Service integrates with third-party payment processors (Stripe, Square, PayPal). You acknowledge that:

• Payment processing is subject to the terms and conditions of the payment processor
• We are not responsible for payment processor fees, disputes, or service interruptions
• You must comply with all payment card industry (PCI) standards and regulations
• Chargebacks and disputes are handled directly between you and the payment processor

6. Data and Privacy

6.1 Your Data

You retain all ownership rights to the data you submit to the Service ("Your Data"). By using the Service, you grant us a limited license to use, store, process, and transmit Your Data solely to provide and improve the Service.

6.2 Data Security

We implement industry-standard security measures to protect Your Data, including:

• Encryption of data in transit and at rest
• Regular security audits and vulnerability assessments
• Access controls and authentication mechanisms
• Backup and disaster recovery procedures

However, no system is completely secure. You acknowledge that we cannot guarantee absolute security and are not liable for unauthorized access resulting from circumstances beyond our reasonable control.

6.3 Privacy Policy

Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to our Privacy Policy.

6.4 Data Retention

We retain Your Data for as long as your account is active and for a reasonable period thereafter to comply with legal obligations and resolve disputes. You may request deletion of Your Data by contacting us, subject to legal retention requirements.

6.5 End-Customer Data

You are responsible for obtaining all necessary consents and providing required notices to End-Customers regarding the collection, use, and sharing of their personal information through the Service. You represent and warrant that you have the legal right to share End-Customer data with us.

7. Intellectual Property Rights

7.1 Our Intellectual Property

The Service, including all software, designs, text, graphics, logos, and other content, is owned by BulkTrackPro and protected by copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to access and use the Service in accordance with these Terms.

7.2 Trademarks

BulkTrackPro, our logo, and related marks are trademarks of BulkTrackPro. You may not use our trademarks without prior written consent.

7.3 Feedback

If you provide suggestions, ideas, or feedback about the Service, we may use such feedback without any obligation to you, including incorporating it into the Service or future products.

8. Third-Party Services and Integrations

8.1 Third-Party Providers

The Service integrates with third-party services, including:

• Supabase (database and authentication)
• Twilio (SMS messaging)
• Resend (email delivery)
• Cloudinary (image storage)
• Google Maps API (geocoding and routing)
• QuickBooks (accounting integration)
• Stripe, Square, PayPal (payment processing)

Your use of these third-party services is subject to their respective terms and conditions. We are not responsible for the availability, functionality, or actions of third-party providers.

8.2 Third-Party Fees

Some third-party services may charge additional fees based on usage (e.g., SMS messages, API calls). While we include reasonable usage in your subscription, excessive usage may result in additional charges passed through to you.

8.3 Service Interruptions

We are not liable for service interruptions caused by third-party provider outages, maintenance, or failures.

9. Service Availability and Support

9.1 Uptime

We strive to maintain 99.5% uptime for the Service, excluding scheduled maintenance and circumstances beyond our control. We do not guarantee uninterrupted access and are not liable for temporary unavailability.

9.2 Maintenance

We may perform scheduled maintenance with advance notice when possible. Emergency maintenance may be performed without notice.

9.3 Support

Support is provided via email and in-app messaging. Response times vary by subscription plan:

• Basic Plan: Email support, 48-hour response time
• CRM Plan: Priority email support, 24-hour response time
• Enterprise Plan: Dedicated support with custom SLAs

10. Modifications to the Service

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice. We will make reasonable efforts to notify you of material changes that negatively impact functionality.

11. Term and Termination

11.1 Term

These Terms remain in effect for as long as you access or use the Service.

11.2 Termination by You

You may cancel your subscription at any time through your account settings or by contacting support. Cancellation takes effect at the end of your current billing period. No refunds are provided for partial months.

11.3 Termination by Us

We may suspend or terminate your account immediately if you:

• Violate these Terms
• Engage in fraudulent activity
• Fail to pay fees when due
• Use the Service in a manner that harms us or other users
• Provide false or misleading information

11.4 Effect of Termination

Upon termination:

• Your access to the Service will be revoked
• You remain responsible for all fees incurred prior to termination
• We may delete Your Data after a reasonable grace period (typically 30 days)
• You must cease all use of the Service and our intellectual property

11.5 Data Export

You may export Your Data at any time through the Service. We recommend exporting data before cancellation, as we are not obligated to provide data after termination.

12. Limitation of Liability

12.1 Disclaimer of Warranties

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. We do not warrant that the service will be uninterrupted, error-free, or secure.

12.2 Limitation of Liability

To the maximum extent permitted by law, BulkTrackPro shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, or goodwill, arising out of or related to your use of the service.

Our total liability for any claims arising from these terms or your use of the service shall not exceed the amount you paid us in the 12 months preceding the claim.

12.3 Exceptions

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

13. Indemnification

You agree to indemnify, defend, and hold harmless BulkTrackPro, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Your violation of applicable laws or regulations
• Content you submit to the Service
• Your communications with End-Customers

14. Dispute Resolution

14.1 Governing Law

These Terms are governed by the laws of the United States, without regard to conflict of law principles.

14.2 Arbitration

Any dispute arising from these Terms or your use of the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. You waive any right to a jury trial or to participate in a class action.

14.3 Exceptions

Either party may seek injunctive relief in court to protect intellectual property rights or prevent unauthorized use of the Service.

14.4 Small Claims

You may bring claims in small claims court if they qualify and remain in such court.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy and any additional agreements, constitute the entire agreement between you and BulkTrackPro regarding the Service.

15.2 Modifications to Terms

We may modify these Terms at any time by posting updated Terms on our website. Continued use of the Service after modifications constitutes acceptance of the updated Terms. Material changes will be communicated via email or in-app notification.

15.3 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full effect.

15.4 Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.

15.5 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms without restriction.

15.6 Force Majeure

We are not liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, or internet/telecommunications failures.

15.7 Notices

Notices to you may be sent to the email address associated with your account. Notices to us should be sent to support@bulktrackpro.help.

15.8 Relationship

These Terms do not create a partnership, joint venture, employment, or agency relationship between you and BulkTrackPro.

16. Compliance with Laws

You agree to comply with all applicable federal, state, local, and international laws and regulations in your use of the Service, including but not limited to:

• Data protection and privacy laws (GDPR, CCPA, etc.)
• Communications laws (TCPA, CAN-SPAM)
• Payment card industry standards (PCI-DSS)
• Tax laws and reporting requirements
• Employment and labor laws
• Transportation and delivery regulations

17. Export Controls

The Service may be subject to export control laws. You agree not to export, re-export, or transfer the Service or any technical data derived from the Service in violation of applicable export laws.

18. Accessibility

We strive to make the Service accessible to users with disabilities. If you encounter accessibility barriers, please contact us at support@bulktrackpro.help.

19. Beta Features

We may offer beta or experimental features. These features are provided "as is" without warranties and may be modified or discontinued at any time without notice.

20. Contact Information

If you have questions about these Terms, please contact us: