Terms of service

These terms are the agreement for using Firmabuilt: the website, the app at firmabuilt.com, and the Firmabuilt app for iPhone, which opens the same app. They're between homeforge inc., a California corporation, which makes Firmabuilt, and the company that opens a Firmabuilt account. The Privacy policy says what Firmabuilt keeps, why, and who else handles it.

Who you're agreeing with

In these terms, “we” and “us” mean homeforge inc., and “you” means the company that opens the account: the business, not just the person signing up. A sole proprietor signing up for their own business is that business.

Whoever opens the account agrees to these terms for the company, and confirms they're 18 or older and have the authority to agree for it.

If you were invited

If someone in your company invited you, you use Firmabuilt as part of your company's account, under your company's agreement with us. By creating your account you agree to use Firmabuilt as these terms say, which means keeping to Using Firmabuilt properly, below, and keeping your sign-in to yourself. You don't agree to anything for your company, and the promises about age and authority above are made only by whoever opens the account.

Your account and your people

The person who opens the account is its owner. Whoever manages your company's team invites people, sets each person's role, and deactivates people who leave.

Everyone you invite uses Firmabuilt as part of your account. You're responsible for what's done in your account, for keeping each sign-in to the person it belongs to, and for having the right to put each person's information into Firmabuilt. If you think someone got in who shouldn't have, email daniel@firmabuilt.com.

Your records

What you and your people put into Firmabuilt belongs to your company: jobs, budgets, receipts, photos, hours, pay rates and everything else. You give us permission to store, copy and process it only to run Firmabuilt for you, bill you for it, keep it working and secure, answer you when you write in, and count how much each company uses Firmabuilt, to keep AI within its monthly allowance and to see what running it costs. We don't sell it, and we don't use it for advertising.

While your company is open, you can download its hours and expenses as spreadsheets from Exports. For a copy of anything else, email us.

Keeping your records confidential

We keep your records confidential. We share them with no one but the services the Privacy policy names, each for its own part of the work, unless the law makes us, and then we'll tell you first if the law allows. The people who run Firmabuilt look at them only as the Privacy policy says: when you ask us to help, or when we have to in order to fix a problem or keep Firmabuilt secure.

If someone who shouldn't gets into your records, we'll email your company's owners without undue delay once we know, say what we know, and help you tell your people if the law asks you to.

Your people's information

Much of what's in Firmabuilt is about your employees and the people you work with: names, email addresses, hours, pay rates, and where someone clocked in. For that information we act as your service provider under California's privacy law (the CCPA, as amended by the CPRA). That means we:

• use it only to provide Firmabuilt to you and for the uses these terms and the Privacy policy name, counting how much each company uses among them, and for nothing else of our own;
• don't sell it, and don't share it for advertising;
• don't combine it with information from anywhere else, except as that law allows a service provider to;
• keep each company's records apart from every other company's, and protect them as that law requires;
• let only the services the Privacy policy names handle it, each for its own part of the work. One of them, OpenStreetMap's public address lookup, has no agreement with us: it gets only a clock-in's coordinates, or an address a manager types, never a name, a company or a job;
• help you answer a request from one of your people to see, correct or delete their information;
• let you take reasonable steps to check that we use it as these terms say, and, if you tell us of a use that isn't, stop it and put it right; and
• tell you if we can no longer meet these duties.

You're responsible for telling your people what your company keeps about them and why, and for any consent the law asks you to get.

Check what Firmabuilt works out

Firmabuilt keeps hours, breaks and pay rates as your people and managers enter them, and works out labor cost from them. If your company turns on Automatic lunch, Firmabuilt also writes the scheduled lunch into a day that has none recorded and takes it off pay, unless the worker says they worked through it. Firmabuilt doesn't run payroll, pay anyone or file anything, and nothing in it is legal, tax or accounting advice. Before you pay people or file anything from its numbers, check the timecards, break records, automatic lunches and pay rates. Meeting the wage-and-hour, meal and rest break, payroll, tax and workplace safety rules that apply to your business is up to you.

While clocking in is paused, because a trial or plan has ended or a payment has failed, keeping your people's hours some other way is up to you.

For people who allow it, AI reads receipts, compares two receipts and drafts scope wording. AI can get things wrong. Check the vendor, date, amounts and cost codes it reads before you rely on them.

Using Firmabuilt properly

Don't use Firmabuilt, or let anyone in your account use it, to:

• break the law, or keep information you have no right to keep;
• try to get into another company's records, someone else's account, or any part of Firmabuilt you weren't given;
• probe or test it for weaknesses, or load it to slow it down, without our written permission;
• upload malware or anything else meant to do harm; or
• copy, resell or rent out Firmabuilt, or use it to build a competing product.

If you find a security problem, please email daniel@firmabuilt.com so we can fix it.

Plans and payment

Every new company starts with a 14-day trial, and no card is needed for it. When the trial ends, the features that come with a plan pause until an owner chooses one. Your records stay.

Plans are billed monthly, in advance, through Stripe, and renew every month until you cancel. Only an owner can choose a plan or cancel one. To move a running plan to a different one, an owner emails us. The card is typed into Stripe's own page, and card details never reach Firmabuilt.

Prices are on the Pricing page and in Plan & billing. Your bill is your plan plus the extras it sells by the piece: extra active jobs, worker seats and rental doors. An extra is added on the day it starts and taken off on the day it stops, and Stripe charges or credits the days in between. Each night Firmabuilt counts what's in use and corrects the bill to match.

Prices don't include taxes. If tax is due on what you buy, you pay it. Before a price changes, we'll email your company's owners at least 30 days ahead.

Cancelling

An owner can cancel any time from Manage billing, in Plan & billing. Your plan runs to the end of the month you've paid for and then ends. Partial months aren't refunded.

When a plan ends, the features that come with it pause, and your records stay. You can still sign in, open them and download them, or choose a plan again.

If a payment fails

Your account is past due, and everything keeps working for at least 14 days. After that, the features that come with your plan pause until the payment goes through, such as crew clocking in, adding crew, job templates and changes to rentals. Your records are kept, and you can still open and download them.

Closing your company

Closing is different from cancelling. If you're your company's only active owner, you can close it from Delete account, under Your preferences. Billing stops that day, and the rest of the month already paid for isn't refunded. Everyone in the company loses access at once, and its records are deleted as the Privacy policy says.

Ending this agreement

This agreement lasts while your company has a Firmabuilt account. You can end it by closing your company. We can suspend or close an account that breaks these terms, doesn't pay, or puts Firmabuilt or other customers at risk. Unless the law or an urgent security problem stops us, we'll email the owners first and give them a chance to put it right and to download their records. Once we close an account, its records are deleted as the Privacy policy says for a closed company.

When this agreement ends, the parts meant to last still apply: what you owe for time already used, Keeping your records confidential, Firmabuilt itself, Promises we don't make, Limits on what either side owes, Claims from others, and The law that applies.

Firmabuilt itself

Firmabuilt, its software and its design belong to homeforge inc. While your company's account is open, you and your people may use Firmabuilt for your business under these terms. Everything not given to you here stays ours. The Firmabuilt app for iPhone is also covered by Apple's standard licence for apps from the App Store.

Promises we don't make

We work to keep Firmabuilt running, correct and secure, but it's provided “as is” and “as available”. As far as the law allows, we make no other promises about it, spoken, written or implied: not that it will always be available or free of errors, and not the implied warranties of merchantability, fitness for a particular purpose or non-infringement.

Limits on what either side owes

As far as the law allows, neither side is liable to the other for lost profits or revenue, or for any indirect, special, incidental, consequential or punitive damages, even if told they were possible. Each side's total liability for all claims under this agreement is capped at what you paid us for Firmabuilt in the 12 months before the event the claim is about.

These limits don't apply to what you owe us for your plan, or to anything the law doesn't let a contract limit.

Claims from others

If someone outside this agreement brings a claim against us saying that the records you put into Firmabuilt, or the way you collected or used them, broke the law or their rights, or over you or your people using Firmabuilt against Using Firmabuilt properly, you'll defend us and pay what a court finally awards or a settlement you agree to. That doesn't cover any part of a claim we caused by breaking these terms or the law, such as by failing to keep your records safe.

If someone brings a claim against you saying Firmabuilt itself infringes their patent, copyright, trademark or trade secret, we'll defend you and pay what a court finally awards or a settlement we agree to. That doesn't cover a claim caused by your records, by a change you made, or by using Firmabuilt with something we didn't provide. If such a claim is made, we may change Firmabuilt so it no longer infringes, get you the right to keep using it, or end your plan and refund what you paid for time not yet used.

Whoever asks to be defended must tell the other side promptly, let it run the defence and any settlement, and help as reasonably needed. Neither side may settle in a way that admits fault for the other without its written agreement.

The law that applies

California law governs this agreement, without regard to its rules on conflicts of law. Any dispute about it goes to the state or federal courts in California, and both sides agree to those courts' jurisdiction.

Changes to these terms

When these terms change, the date at the top changes with it. For a change that matters, we'll email company owners at least 30 days before it takes effect, unless the law needs it sooner. If your company keeps using Firmabuilt after that, the new terms apply. If you don't agree, you can cancel or close your company before then.

The rest

These terms are the whole agreement between us about Firmabuilt, unless we've signed a separate written agreement with your company, which wins where the two differ. If part of these terms can't be enforced, the rest still applies. Not enforcing part of them now doesn't mean giving it up. Neither side may transfer this agreement without the other's written agreement, except to a business that takes over all or most of its own. Neither side is responsible for a delay or failure caused by something outside its reasonable control, such as a natural disaster, war, or a failure of the internet or the power grid, though that never excuses paying.

We send notices to the email addresses of your company's owners. Send yours to daniel@firmabuilt.com.

Contact

Questions about these terms: daniel@firmabuilt.com.

homeforge inc., a California corporation
3857 Birch Street #3055, Newport Beach, CA 92660