Terms of Service

Effective [DATE] · Last updated [DATE]

Draft for review. This was written for BluCollar specifically, but it is not legal advice and has not been reviewed by a lawyer. Have an attorney review it before you rely on it, and fill in every item marked in [brackets].

These Terms govern your use of BluCollar, the software at blucollarpro.com operated by [LEGAL ENTITY NAME], [STATE] ([“we”], [“us”]). By creating an account or using BluCollar, you agree to them. If you are agreeing on behalf of a business, you confirm you are authorized to do so.

1. What BluCollar is

BluCollar is software for trades businesses: proposals, customer records, dispatch and service calls, job photos, invoicing, vendor bills, bookkeeping records, timekeeping, and payroll calculations. We provide the software. We do not perform your trade work, we are not your accountant, bookkeeper, payroll provider, or lawyer, and we do not file or pay taxes on your behalf.

2. Your account

  • You must give accurate signup information and keep it current.
  • You are responsible for everything done under your account, including by your employees.
  • Keep sign-in details private. Tell us promptly at [SUPPORT EMAIL] if you believe an account has been compromised.
  • You must be at least 18 and able to enter a binding contract.

3. Plans, fees and billing

  • Plans and prices are shown at blucollarpro.com/pricing. The free plan has no charges. Paid plans charge a fee for each final proposal, charged the first time that proposal is printed, downloaded or emailed to a customer, not for drafts or edits. A proposal sent with several options is charged once per option. The same fee applies to each service call invoice you send (once per call, however many times it is re-sent). The first invoice on a job whose proposal was charged is included.
  • Charges add up over your billing month and are collected once a month, on your billing date, from the bank account or card you connected. Payments are processed by Stripe. By choosing a paid plan, you authorize these recurring charges until you move to the free plan.
  • Before anything is charged, the app tells you the amount.
  • We may change prices with at least 30 days’ notice by email or in the app. Continuing to use a paid plan after the change means you accept it.
  • If a payment fails, we will tell you, and we may limit access to paid features until it is resolved.

4. Cancelling and refunds

Cancelling

  • You can cancel a paid plan at any time by moving to the free plan under Settings > Change plan, or by asking us at [SUPPORT EMAIL]. Cancelling moves your business to the free plan immediately, and features the free plan doesn’t include stop right away.
  • Proposals and invoices you sent, printed or downloaded before cancelling are billed at that time, on a final bill. Nothing more is charged after you move to the free plan.
  • Cancelling a plan doesn’t delete your records. You can keep using the free plan, and you can download everything BluCollar holds for your business at any time from Settings > Archive (choose “Everything, all years”).
  • If you want your account closed and your data deleted, email [SUPPORT EMAIL]. We will send you a copy first on request, and delete it within [30] days as described in the Privacy Policy, except where we must keep records by law.

Refunds

  • Because you are charged only for proposals and invoices you actually send, print or download, charges are not refundable, except when we have overbilled you.
  • You have been overbilled if we charged you twice for the same proposal or invoice, charged you more than the published price for your plan (or a rate we agreed with you), or charged you for a proposal or invoice that was never sent, printed or downloaded. Tell us within [60] days of the charge at [SUPPORT EMAIL] and we will look into it and tell you what we find.
  • We refund only the amount you were overbilled. We don’t refund charges for proposals or invoices that were sent, printed or downloaded by mistake.
  • If the overbilled charge was already paid, the refund goes back to the bank account or card it was paid from. Card refunds usually appear within 5 to 10 business days; bank (ACH) refunds can take longer. If it hasn’t been collected yet, we take it off your next bill instead. We email you either way.
  • Nothing in these Terms limits a refund you are entitled to by law.

Payments your customers make to you

Refunds of what your own customers pay you through BluCollar (for an invoice or a deposit) are between you and your customer. You handle them in your Stripe account, under the terms you give your customers.

5. Your data and your customers’ and employees’ data

Your business data belongs to you. You grant us permission to store and process it only to operate and support BluCollar.

You may enter personal information about other people, including your customers and employees (such as addresses, Social Security numbers, and bank account details for direct deposit). You are responsible for collecting it lawfully, for having any consents required, and for using it lawfully. We act on your instructions with respect to that information, as described in the Privacy Policy.

6. Payroll, tax and accounting: what is yours

BluCollar calculates payroll figures from what you enter, produces pay stubs and a bank file, and keeps bookkeeping records. It does not move money for payroll, does not file tax returns, and does not remit taxes.

  • You are responsible for the accuracy of what you enter, including pay rates, hours, withholding elections and bank details.
  • You are responsible for filing and paying all federal, state and local payroll taxes, and for year-end filings.
  • State income tax withholding is only included where you enter it yourself.
  • You are responsible for verifying employment eligibility (Form I-9), including examining original documents. Photos uploaded through BluCollar do not satisfy that requirement.
  • Have a qualified accountant or payroll professional review your setup before your first payroll.

7. Acceptable use

Don’t use BluCollar to break the law or infringe anyone’s rights; don’t try to access other businesses’ data or disrupt the service; don’t copy, resell or reverse engineer the software; and don’t upload malicious files. We may suspend accounts that do.

8. Third-party services

BluCollar relies on other providers, including Stripe for payments, and providers for hosting, file storage, email delivery and maps. Their handling of data is described in the Privacy Policy. Your use of Stripe for payments is also subject to Stripe’s own agreements.

9. Availability

We work to keep BluCollar available and to keep backups, but we do not promise uninterrupted service. We may change or discontinue features; if we discontinue something significant, we will give reasonable notice.

10. Warranty disclaimer

BluCollar is provided “as is” and “as available,” without warranties of any kind, whether express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the software will be error-free or that calculations will meet your legal obligations.

11. Limitation of liability

To the fullest extent permitted by law, we are not liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, lost data, tax penalties, or business interruption. Our total liability for any claim relating to BluCollar is limited to the fees you paid us in the [12] months before the claim.

12. Indemnity

You agree to defend and indemnify us against claims arising from your use of BluCollar, your data, or your failure to meet your legal obligations, including employment, tax and privacy obligations.

13. Changes to these Terms

We may update these Terms. If a change is material, we will give notice by email or in the app before it takes effect. Continuing to use BluCollar after that means you accept the updated Terms.

14. Governing law

These Terms are governed by the laws of the State of [STATE], without regard to conflict-of-law rules. Disputes will be brought in the state or federal courts located in [COUNTY, STATE], and both sides consent to that jurisdiction. [Consider whether you want an arbitration clause here — ask your attorney.]

15. Contact

Questions about these Terms: [SUPPORT EMAIL], [LEGAL ENTITY NAME], [MAILING ADDRESS].