Terms of Service
The terms that govern your access to and use of Kombinator's website and software.
Draft for review: not yet legally approved
This is a complete first draft prepared as a design deliverable. It must be reviewed by qualified legal counsel and all [PLACEHOLDERS] filled in before it is published. Legal accuracy is the responsibility of Kombinator.
1. Acceptance of terms
These Terms of Service ("Terms") form a binding agreement between you and [COMPANY LEGAL ENTITY NAME] ("Kombinator," "we," "us," or "our") and govern your access to and use of our website at kombinator.com and our software application at app.kombinator.com (together, the "Service"). By accessing or using the Service, you agree to be bound by these Terms. If you are using the Service on behalf of a business, you represent that you have authority to bind that business to these Terms.
2. Description of service
Kombinator provides software that helps general contractors manage leads, contacts, appointments, sales pipelines, and follow-ups, and that integrates with third-party tools such as Google Calendar. We may update, modify, or enhance the Service over time. We currently onboard customers through a direct, conversation-based process rather than self-service sign-up.
3. Accounts
To use the Service you must create an account. You agree to provide accurate information, to keep your credentials secure, and to be responsible for all activity that occurs under your account. You are responsible for the members of your team you invite and for ensuring their use complies with these Terms. Notify us promptly of any unauthorized use of your account.
4. Acceptable use
You agree not to:
- Use the Service for any unlawful purpose or in violation of any applicable law or regulation;
- Upload or transmit malware, or attempt to disrupt, degrade, or gain unauthorized access to the Service or its infrastructure;
- Reverse engineer, copy, or resell the Service except as permitted by law;
- Use the Service to send unsolicited communications in violation of applicable law;
- Infringe the intellectual property or privacy rights of others, or upload data you do not have the right to use.
5. Your data
You retain all rights to the data you and your team submit to the Service ("Customer Data"). You grant us a limited license to host, process, and use Customer Data solely to provide and improve the Service and as described in our Privacy Policy. You are responsible for the accuracy and legality of Customer Data and for obtaining any consents needed to process it, including information about your own customers.
6. Third-party services
The Service integrates with third-party services such as Google Calendar. Your use of those services is governed by their own terms and privacy policies, and we are not responsible for them. When you connect a third-party service, you authorize us to access and exchange information with it as needed to provide the Service. You may disconnect such integrations at any time.
7. Fees & payment
Pricing for the Service is agreed directly with you. Fees, billing frequency, and payment terms will be set out in a separate order, quote, or written agreement between you and Kombinator. Except as required by law or stated in that agreement, fees are non-refundable. [CONFIRM BILLING TERMS / INVOICING DETAILS]
8. Intellectual property
The Service, including its software, design, and content (excluding Customer Data), is owned by Kombinator and protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service in accordance with these Terms. All rights not expressly granted are reserved. "Kombinator" and our logo are our trademarks and may not be used without our prior written permission.
9. Disclaimers
The Service is provided "as is" and "as available" without warranties of any kind, whether express or implied, including 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, or that it will meet your requirements. You use the Service at your own risk.
10. Limitation of liability
To the maximum extent permitted by law, Kombinator and its suppliers will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising out of or related to your use of the Service. Our total liability for any claim arising out of or relating to these Terms or the Service will not exceed the amount you paid us for the Service in the [NUMBER] months preceding the event giving rise to the claim. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.
11. Termination
You may stop using the Service and close your account at any time. We may suspend or terminate your access if you breach these Terms, if required by law, or to protect the Service or other users. Upon termination, your right to use the Service ceases. Sections that by their nature should survive termination, such as intellectual property, disclaimers, limitation of liability, and governing law, will survive. We will make Customer Data available for export, or delete it, in accordance with our Privacy Policy.
12. Governing law
These Terms are governed by the laws of [GOVERNING JURISDICTION], without regard to its conflict-of-laws rules. Any disputes arising out of or relating to these Terms or the Service will be subject to the exclusive jurisdiction of the courts located in [VENUE], except where prohibited by applicable law.
13. Changes to these terms
We may update these Terms from time to time. When we make material changes, we will update the "Last updated" date above and, where appropriate, notify you through the Service. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms.
14. Contact
Questions about these Terms can be sent to:
Kombinator
[COMPANY LEGAL ENTITY NAME]
[MAILING ADDRESS]
[LEGAL CONTACT EMAIL]
Or reach us through our contact form.