1. Introduction and Acceptance
These Terms of Service ("Terms") constitute a legally binding agreement between Figgy365, Inc., a Delaware corporation ("Figgy," "we," "us," or "our"), and the person or legal entity accessing or using the Figgy365 platform ("Customer," "you," or "your"). These Terms govern access to and use of the Figgy365 websites, web application, mobile applications, APIs, integrations, software, artificial intelligence functionality, documentation, and related services (collectively, the "Service").
By creating an account, clicking an acceptance button, executing an order form, subscribing to the Service, or otherwise accessing or using the Service, you acknowledge that you have read, understood, and agree to these Terms. If you are accepting on behalf of a company or other legal entity, you represent and warrant that you have authority to bind that entity.
If you do not agree to these Terms, you must not access or use the Service. If an executed order form or separate written agreement signed by Figgy conflicts with these Terms, that signed agreement controls to the extent of the conflict.
2. Definitions
"Customer Data" means information, records, files, communications, photographs, documents, contact information, lead information, job information, and other data submitted to or generated within the Service by or for Customer.
"Authorized User" means an employee, contractor, agent, administrator, or other individual whom Customer permits to access the Service under Customer’s account.
"AI Features" means artificial-intelligence, machine-learning, automated decision-support, generative AI, agentic, image-analysis, language-processing, or similar functionality made available through the Service.
"Usage Units" means metered units, tokens, processing events, AI runs, image analyses, messages, or other consumption measures used by Figgy to calculate usage-based charges.
3. The Service
3.1 What Figgy Provides
Figgy provides a software-as-a-service platform designed primarily for outdoor living contractors and related specialty trade contractors. Features may include customer relationship management, lead management, job management, marketing analytics, communications, workflow automation, artificial intelligence agents, photo analysis, reporting, scheduling assistance, integrations, and other functionality described in the applicable plan or documentation.
3.2 Changes to the Service
Figgy may add, modify, replace, suspend, or discontinue features as technology and business requirements evolve. Figgy will use commercially reasonable efforts to avoid materially reducing the core functionality of a paid Service during a current subscription term. Features identified as beta, preview, experimental, or early-access may be changed or discontinued at any time.
3.3 AI Agents and Automated Actions
The Service may permit Customer to configure AI agents with varying levels of autonomy. Depending on configuration, an AI agent may draft or send communications, respond to inquiries, classify or summarize information, schedule appointments, generate reports, analyze images, recommend actions, or perform other automated tasks.
Customer is solely responsible for selecting, configuring, supervising, and using AI Features in a manner appropriate for Customer’s business. Customer is responsible for establishing approval thresholds, escalation rules, spending limits, communication rules, and other safeguards available through the Service.
AI-generated output may be inaccurate, incomplete, misleading, biased, offensive, or unsuitable for a particular situation. AI output is not a substitute for professional judgment, legal advice, financial advice, construction advice, safety review, or other specialized expertise. Customer must independently verify material information before relying upon it.
Where Customer enables an AI agent to take automated action, that action may occur without separate human approval if Customer has configured autonomous operation. Except to the extent caused by Figgy’s breach or applicable law, Figgy is not responsible for business decisions, communications, commitments, scheduling outcomes, representations, or transactions resulting from Customer’s instructions or configuration.
3.4 Third-Party Services and Integrations
The Service may integrate with email, SMS, calendar, CRM, payment, advertising, analytics, cloud-storage, AI-model, mapping, telecommunications, and other third-party services. Customer authorizes Figgy to exchange information with an enabled service as reasonably necessary to provide the integration. Figgy does not guarantee third-party availability, security, accuracy, or continued compatibility.
4. Subscriptions, Fees, Usage, and Payment
4.1 Subscription
The Service is provided on a recurring subscription basis unless otherwise stated in an order form. Subscription fees are billed in advance for each monthly billing period and automatically renew unless canceled in accordance with these Terms.
4.2 First-Month Onboarding
As part of initial onboarding, Figgy may waive the base subscription fee for the first month (the “Onboarding Period”). Unless expressly stated otherwise, the waiver does not waive metered usage, third-party charges, implementation charges, taxes, or other expressly identified fees.
4.3 Metered AI Usage
Certain AI Features and computational services are billed according to Usage Units or tokens. Each plan may include a stated monthly allowance. Usage above the included allowance will be billed at the applicable overage rate. Customer remains responsible for usage resulting from enabled or authorized functionality.
4.4 Payment Authorization
Customer authorizes Figgy and its payment processor to charge the payment method on file for all amounts due. Customer must maintain accurate billing information. If payment is declined or overdue, Figgy may retry the charge and suspend access after reasonable notice where appropriate.
4.5 Taxes
Fees are exclusive of applicable sales, use, excise, VAT, GST, or similar transaction taxes. Customer is responsible for such taxes except taxes imposed on Figgy’s net income.
4.6 Price Changes
Figgy may change subscription pricing, usage rates, plan limits, or included features upon at least thirty (30) days’ notice, unless a shorter period is required for taxes, legal requirements, fraud, abuse, or third-party cost changes.
4.7 No Refunds
Except where required by law or expressly stated in an order form, payments are non-refundable. Cancellation does not relieve Customer of amounts accrued before the effective termination date.
5. Accounts and Customer Responsibilities
5.1 Account Security
Customer must provide accurate, complete, and current registration information. Customer is responsible for passwords, authentication credentials, API keys, and activity under its account and must promptly notify Figgy of suspected unauthorized access.
5.2 Authorized Users
Customer is responsible for all activity performed by Authorized Users and must ensure that each Authorized User complies with these Terms.
5.3 Customer Data
Customer is responsible for the legality, accuracy, quality, and integrity of Customer Data and for obtaining all rights, permissions, notices, and consents necessary for Figgy to process Customer Data as contemplated by these Terms.
5.4 Homeowner and Prospect Data
Customer represents that it has a lawful basis to collect and provide homeowner, prospect, employee, vendor, and other third-party information to Figgy and that its privacy notices accurately describe the relevant processing.
5.5 Customer Decisions
Customer remains responsible for pricing, contracts, construction scope, safety, permits, employment, credit, customer eligibility, advertising claims, legal compliance, and other business decisions, even when the Service assists with such activities.
6. Acceptable Use
- Use the Service in violation of applicable law, regulation, court order, or third-party rights.
- Send unlawful, deceptive, harassing, threatening, discriminatory, or materially misleading communications.
- Use the Service to violate TCPA, CAN-SPAM, state telemarketing/privacy laws, Do Not Call requirements, or comparable rules.
- Upload malware, ransomware, viruses, malicious code, or material intended to impair the Service.
- Attempt unauthorized access or circumvent authentication, security, usage, or billing controls.
- Reverse engineer, decompile, or disassemble the Service except where prohibited by law.
- Use non-public Service functionality to build a competing product or service.
- Resell, sublicense, rent, lease, or provide unauthorized third-party access.
- Use automated scraping or extraction except through documented or expressly permitted interfaces.
- Upload data that Customer does not have the right to process or disclose.
- Use AI Features for prohibited high-impact or otherwise unlawful decisions.
7. Communications and Regulatory Compliance
The Service may facilitate email, SMS, voice, messaging, or other communications. Customer is solely responsible for determining whether a communication is permitted, obtaining required consent, honoring opt-outs, maintaining suppression lists, providing disclosures, and complying with federal, state, local, carrier, and industry requirements.
Customer represents that it will not send communications without legally required consent or authorization. Customer must promptly honor STOP, unsubscribe, do-not-contact, and similar requests and may not circumvent carrier or regulatory controls.
Figgy may impose sending limits or suspend communications functionality where reasonably necessary to address legal, carrier, security, reputational, or operational risk.
Customer agrees to defend, indemnify, and hold harmless Figgy from claims, penalties, costs, and liabilities arising from communications initiated or authorized by Customer, except to the extent finally determined to result from Figgy’s own gross negligence, willful misconduct, or violation of applicable law.
8. Intellectual Property
8.1 Figgy Ownership
Figgy and its licensors retain all right, title, and interest in the Service, software, source code, object code, algorithms, workflows, interfaces, designs, documentation, trademarks, logos, technology, methodologies, and related intellectual property.
8.2 Limited License
Subject to payment and compliance, Figgy grants Customer a limited, non-exclusive, non-transferable, non-sublicensable right during the subscription term to access and use the Service for Customer’s internal business operations.
8.3 Customer Data Ownership
As between the parties, Customer retains its rights in Customer Data. Customer grants Figgy a limited license to host, reproduce, transmit, process, and otherwise use Customer Data as technically necessary to provide, secure, maintain, support, improve, and lawfully operate the Service.
8.4 AI Training — Opt-In
Figgy will not use Customer Data to train or improve generalized AI models unless Customer expressly opts in where such an option is provided. If Customer opts in, Figgy may use appropriately anonymized and aggregated Customer Data for training, testing, evaluation, and improvement, subject to applicable law. Withdrawal applies prospectively; previously trained models may not be capable of being untrained.
8.5 Feedback
Customer may voluntarily provide suggestions or feedback. Customer grants Figgy a perpetual, irrevocable, worldwide, royalty-free license to use feedback without compensation, provided Figgy does not publicly identify Customer as the source of confidential feedback without permission.
9. Privacy and Data Protection
Figgy’s Privacy Policy is incorporated into these Terms. Where Customer Data includes personal information concerning homeowners or other third parties, Customer generally acts as controller/business and Figgy as processor/service provider to the extent required by applicable law. Where required, the parties will execute a Data Processing Agreement.
Customer remains responsible for providing required privacy notices and establishing a lawful basis for processing. Figgy will implement reasonable safeguards appropriate to its role and the nature of the information.
10. Security and Confidentiality
Figgy will maintain reasonable administrative, technical, and physical safeguards designed to protect Customer Data against unauthorized access, use, alteration, or disclosure. Safeguards may include encryption in transit, encryption at rest for appropriate data, access controls, logging, monitoring, vulnerability management, backups, and security reviews.
Each party may receive non-public information of the other party ("Confidential Information"). The receiving party will use reasonable care to protect it and will use it only to perform or exercise rights under the parties’ agreement. Confidential Information excludes information that is public without breach, already lawfully known, independently developed, or lawfully received without confidentiality restrictions.
A party may disclose Confidential Information when legally required, provided it gives notice when legally permitted and reasonably cooperates with protective measures.
11. Term, Suspension, and Termination
These Terms begin upon acceptance or first use and continue while Customer maintains an active subscription, unless terminated earlier.
Customer may cancel through available account controls or by contacting Figgy. Unless otherwise required, cancellation becomes effective at the end of the current billing period.
Figgy may suspend access when reasonably necessary for nonpayment, security threats, unlawful activity, abuse, excessive resource consumption, risk to other customers, or legal requirements. Where practicable, Figgy will provide notice and an opportunity to cure.
Figgy may terminate for material uncured breach, nonpayment, unlawful use, material security risk, or where continued service would violate law.
After termination, Customer’s access ends. Subject to law and contract, Figgy will make Customer Data available for export for approximately thirty (30) days, after which it may be deleted. Encrypted backups may persist for a limited period under ordinary disaster-recovery practices.
12. Warranties and Disclaimers
Figgy warrants that it will provide the Service in a manner generally consistent with commercially reasonable SaaS industry practices. Customer’s remedy for a material breach of this limited warranty is commercially reasonable efforts to correct the nonconformity.
EXCEPT AS EXPRESSLY PROVIDED, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, FIGGY DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
Figgy does not warrant uninterrupted or error-free operation, complete security, compatibility with every third-party service, or that AI output will be accurate or produce a particular business result.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FIGGY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE TOTAL FEES PAID OR PAYABLE BY CUSTOMER TO FIGGY DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, BUSINESS, GOODWILL, SAVINGS, OR OPPORTUNITY, EVEN IF ADVISED OF THE POSSIBILITY.
Counsel should determine whether carve-outs are appropriate for confidentiality, data protection, intellectual-property infringement, fraud, gross negligence, willful misconduct, indemnification, or unpaid fees.
14. Indemnification
Customer will defend, indemnify, and hold harmless Figgy and its officers, directors, employees, agents, and affiliates from third-party claims, damages, fines, penalties, losses, liabilities, and reasonable attorneys’ fees arising from Customer Data, Customer’s use of the Service, communications sent at Customer’s direction, violation of these Terms or law, or infringement of third-party rights by Customer content.
The indemnified party will provide reasonably prompt notice and reasonable cooperation, and the indemnifying party may control the defense subject to customary protections concerning settlement.
15. Governing Law and Dispute Resolution
These Terms are governed by Delaware law, without regard to conflict-of-law principles. Subject to any mandatory arbitration provision adopted by Figgy, the parties consent to exclusive jurisdiction and venue in the state and federal courts located in Delaware.
ATTORNEY DECISION POINT: Counsel should determine whether to use mandatory arbitration, a class-action waiver, jury-trial waiver, small-claims carve-out, or another dispute-resolution structure.
16. General Provisions
- Entire Agreement: These Terms, the Privacy Policy, applicable order forms, and incorporated agreements constitute the entire agreement concerning the Service.
- Amendments: Figgy may update these Terms; material changes will generally be communicated with reasonable advance notice.
- Assignment: Customer may not assign without consent except as permitted in connection with a merger or sale; Figgy may assign in connection with a merger, acquisition, financing, reorganization, or asset sale.
- Severability: An unenforceable provision will be modified to the minimum extent necessary and the remainder remains effective.
- Waiver: Failure to enforce a provision is not a waiver of future enforcement.
- Force Majeure: Neither party is responsible for delays beyond reasonable control, except payment obligations.
- Notices: Legal notices to Figgy should be sent to legal@figgy365.com and [MAILING ADDRESS].
- Relationship: The parties are independent contractors; these Terms create no partnership, agency, fiduciary, employment, or franchise relationship.
- Survival: Provisions concerning IP, confidentiality, payment, disclaimers, liability, indemnification, disputes, and other provisions intended by nature to survive will survive termination.
17. Contact
Legal: legal@figgy365.com
Figgy365, Inc.
[MAILING ADDRESS]