Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Ourly ("Company," "we," "us," or "our") governing your access to and use of the Ourly platform, including our website, web application, mobile applications, and all related services (collectively, the "Service").

By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.

We reserve the right to modify these Terms at any time. We will notify you of any material changes by posting the updated Terms on this page and updating the "Last Updated" date. Your continued use of the Service after such modifications constitutes your acceptance of the revised Terms.

2. Eligibility

To use the Service, you must:

  • Be at least 18 years of age or the age of legal majority in your jurisdiction;
  • Have the legal capacity and authority to enter into these Terms;
  • Not be prohibited from using the Service under applicable laws;
  • Provide accurate, current, and complete information during registration and maintain the accuracy of such information.

If you are using the Service on behalf of a business, organization, or other entity, you represent and warrant that you have the authority to bind that entity to these Terms, and "you" and "your" will refer to both you individually and the entity.

3. Account Registration and Security

To access certain features of the Service, you must create an account. When creating an account, you agree to:

  • Provide accurate, current, and complete registration information;
  • Maintain and promptly update your account information;
  • Maintain the security and confidentiality of your login credentials;
  • Accept responsibility for all activities that occur under your account;
  • Notify us immediately of any unauthorized access to or use of your account.

We reserve the right to suspend or terminate your account if any information provided proves to be inaccurate, false, outdated, or incomplete, or if we have reasonable grounds to suspect such.

4. Description of Service

Ourly provides a cloud-based software platform designed for service professionals and businesses to manage their operations, including but not limited to:

  • Job and project management;
  • Quote and proposal creation;
  • Invoice generation and management;
  • Payment processing (through third-party payment processors);
  • Customer relationship management;
  • Team collaboration and management;
  • Reporting and analytics.

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

5. Fees and Payment

5.1 Platform Fees

Ourly charges a platform fee of 1% on transactions processed through our Service. This fee is in addition to any payment processing fees charged by third-party payment processors (such as Stripe).

5.2 Payment Processing

Payment processing services are provided by Stripe and are subject to Stripe's terms of service and privacy policy. By using our payment features, you agree to be bound by Stripe's terms. We are not responsible for the acts or omissions of Stripe or any other third-party payment processor.

5.3 Fee Changes

We reserve the right to change our fees at any time. We will provide you with at least 30 days' notice before any fee changes take effect. Your continued use of the Service after the fee change constitutes your acceptance of the new fees.

5.4 Taxes

You are responsible for all applicable taxes associated with your use of the Service and any transactions conducted through the Service. Our fees are exclusive of all taxes unless otherwise stated.

6. User Content and Data

6.1 Your Content

You retain ownership of all content, data, and information you submit, upload, or transmit through the Service ("User Content"). By submitting User Content, you grant us a non-exclusive, worldwide, royalty-free license to use, copy, store, transmit, and display your User Content solely to the extent necessary to provide the Service to you.

6.2 Content Restrictions

You agree not to submit User Content that:

  • Infringes any intellectual property or other proprietary rights;
  • Is unlawful, defamatory, obscene, pornographic, harassing, threatening, or harmful;
  • Contains viruses, malware, or other harmful code;
  • Violates any applicable law or regulation;
  • Impersonates any person or entity or misrepresents your affiliation;
  • Contains sensitive personal information of others without their consent.

6.3 Data Retention

We will retain your User Content for as long as your account is active or as needed to provide the Service. Upon account termination, we may retain certain data as required by law or for legitimate business purposes.

7. Acceptable Use Policy

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:

  • Use the Service in any way that violates applicable laws or regulations;
  • Use the Service for fraudulent purposes or to conduct illegal activities;
  • Attempt to gain unauthorized access to the Service, other accounts, or computer systems;
  • Interfere with or disrupt the integrity or performance of the Service;
  • Reverse engineer, decompile, or disassemble any aspect of the Service;
  • Use automated means (bots, scrapers, etc.) to access the Service without our express permission;
  • Resell, sublicense, or otherwise transfer your rights to the Service;
  • Use the Service to send unsolicited communications (spam);
  • Circumvent any security measures or access controls;
  • Use the Service in a manner that could damage, disable, or impair the Service.

8. Intellectual Property Rights

8.1 Our Intellectual Property

The Service, including its original content, features, functionality, design, and branding (excluding User Content), is and will remain the exclusive property of Ourly and its licensors. The Service is protected by copyright, trademark, patent, trade secret, and other intellectual property laws.

8.2 Trademarks

"Ourly" and all related names, logos, product and service names, designs, and slogans are trademarks of Ourly or its affiliates. You may not use such marks without our prior written permission.

8.3 Feedback

If you provide us with any feedback, suggestions, or ideas regarding the Service ("Feedback"), you grant us an unlimited, irrevocable, perpetual, royalty-free license to use such Feedback for any purpose without compensation to you.

9. Third-Party Services

The Service may integrate with or contain links to third-party websites, services, or applications ("Third-Party Services"). We do not control and are not responsible for Third-Party Services, including their content, privacy policies, or practices. Your use of Third-Party Services is at your own risk and subject to the terms and conditions of those services.

Key Third-Party Services used by Ourly include:

  • Stripe: Payment processing services;
  • Email Service Providers: For sending transactional emails and notifications.

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

  • IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
  • WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
  • WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT OR INFORMATION.

WE DO NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. ANY RELIANCE ON THE SERVICE IS AT YOUR OWN RISK.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OURLY, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR:

  • ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES;
  • ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES;
  • ANY DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICE;
  • ANY DAMAGES RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA;
  • ANY DAMAGES RESULTING FROM THIRD-PARTY CONDUCT OR CONTENT ON THE SERVICE.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THE SERVICE EXCEED THE GREATER OF (A) THE AMOUNTS PAID BY YOU TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

12. Indemnification

You agree to defend, indemnify, and hold harmless Ourly and its affiliates, directors, officers, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

  • Your use of the Service;
  • Your User Content;
  • Your violation of these Terms;
  • Your violation of any rights of another party;
  • Your violation of any applicable laws or regulations.

13. Termination

13.1 Termination by You

You may terminate your account at any time by contacting us or using the account deletion feature in the Service. Upon termination, your right to use the Service will immediately cease.

13.2 Termination by Us

We may suspend or terminate your account and access to the Service at any time, with or without cause, and with or without notice. Reasons for termination may include, but are not limited to:

  • Violation of these Terms;
  • Conduct that we determine is harmful to other users, third parties, or our business;
  • Extended periods of inactivity;
  • Requests by law enforcement or government agencies;
  • Discontinuation of the Service.

13.3 Effect of Termination

Upon termination, your license to use the Service will immediately terminate. We may delete your account and User Content, although we may retain certain information as required by law or for legitimate business purposes. Sections of these Terms that by their nature should survive termination shall survive.

14. Dispute Resolution

14.1 Informal Resolution

Before filing a claim, you agree to try to resolve the dispute informally by contacting us. We will attempt to resolve the dispute informally by contacting you via email.

14.2 Arbitration Agreement

If we cannot resolve the dispute informally, you and Ourly agree to resolve any claims relating to these Terms or the Service through final and binding arbitration, except as set forth below. The arbitration will be conducted under the rules of the American Arbitration Association (AAA).

14.3 Exceptions

Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Service or intellectual property infringement without first engaging in arbitration.

14.4 Class Action Waiver

YOU AND OURLY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

15. Governing Law

These Terms and your use of the Service shall be governed by and construed in accordance with the laws of the State of Texas, United States, without regard to its conflict of law provisions. Any legal action or proceeding not subject to arbitration shall be brought exclusively in the federal or state courts located in Texas.

16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and Ourly regarding the Service.

16.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

16.3 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

16.4 Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

16.5 Notices

We may provide notices to you via email, through the Service, or by other means. You agree to keep your contact information current.

17. Contact Information

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

Email: [email protected]
Website: https://ourly.net