Terms of Service

DRAFT — requires attorney review Not legal advice. These terms do not govern any use of Mopful until counsel approves them and an effective date is published.

1. Who we are and what these terms cover

These terms are a contract between TODO(owner): legal entity name ("we", "us") and the company that opens a Mopful account ("you", "your company"). Mopful is software for inspections, task lists, issues and client reports used by commercial cleaning companies. Individual people who use Mopful through your company (cleaners, supervisors, managers, viewers) are your users; you are responsible for them. Your clients (building owners and facility managers who receive reports) are not parties to this contract.

The service is offered to businesses in the United States. By creating an account, you confirm that you can bind your company to these terms.

2. The service is a record-keeping tool

Mopful records what your company reports: inspections, scores, task lists, photos with the time and location captured by the phone, issues and fixes. It does not inspect anything itself. We do not certify cleaning results, we do not certify that a site meets any law, standard, contract or health requirement, and using Mopful does not make you compliant with anything. Reports show what your people recorded. You are responsible for the quality of your cleaning work and for what you tell your clients.

Features marked "Rolling out" on our pricing page are not part of the service yet. We make no promise about when, or whether, they will be released.

3. Accounts, roles and users

• The person who creates the account is the owner. The owner is responsible for everything done under the account, for adding and removing users, and for keeping sign-in details and PINs secret.
• Roles are owner, manager, supervisor, cleaner, client and viewer. Users are unlimited on every plan. Client and viewer users are free.
• A cleaner can sign in with a company code, a staff number and a PIN, without an email address. The owner or a manager issues and resets PINs.
• You must give us accurate account information and keep it current.

4. Your duties as an employer

If you use Mopful with your own employees or contractors, you are responsible for the following.

• Location notice. The Mopful app captures a phone's location only when a cleaner arrives at or leaves a site and when an inspection starts. It does not track location continuously. Some states require employers to give written notice before monitoring employees electronically, including New York, Connecticut and Delaware. You are responsible for giving every notice and getting every acknowledgment the law requires where you operate. We provide a first-login screen in the app and a template notice, but the templates are not legal advice and do not replace your own review.
• Lawful use of data. You must have the right to collect and upload everything you put into Mopful, including photos taken at client sites, and you must follow the access rules of each site.
• Personal phones. If you require cleaners to use their own phones, you are responsible for any cost reimbursement the law requires where you operate.
• Access codes. Only store door or alarm codes you are authorized to keep. Codes are stored encrypted and each view is recorded in the activity history.

5. Subscription, trial and cancellation

Plans. Prices are in US dollars and are per company, based on the number of active sites. The plans at the date of this draft are:

The annual price is ten times the monthly price. The current prices, limits and features are on our pricing page. If the page and this table differ, the pricing page controls for new purchases.

Free trial. A new company gets a 30-day trial without entering a payment method. At the end of the trial there is a 7-day grace period with the same access and a banner reminder. After that the account becomes read-only: your data stays visible, but you cannot create new sites, inspections or task lists until you subscribe.

Billing. Paid plans renew every month or every year until cancelled and are charged to the payment method you provide through our payment provider, Lemon Squeezy TODO(owner): confirm Lemon Squeezy acts as merchant of record and who issues receipts and collects sales tax. Taxes are added where required. We may change prices for a future billing period by giving at least TODO(owner): price-change notice period, for example 30 days notice by email.

Cancellation. You can cancel at any time from the billing page of the web app. There is no cancellation fee. Access continues until the end of the period you already paid for. Refunds are described in the Refund Policy.

Changing plan. You can move between plans. Photo retention follows your current plan. If you move to a plan with a shorter retention period, photos older than the new period will be deleted, and we will warn you at least TODO(owner): downgrade warning period, the plan suggests 30 days before that happens.

Over the site limit. You cannot add active sites beyond your plan's limit. Archive a site or change plans.

6. Acceptable use

You may not: break the law; upload content you have no right to upload; try to access another company's data; probe, scan or overload the service; reverse engineer it; resell it without our written agreement; or use it to track people outside the purposes described in these terms. Photos must show work, areas and conditions, not people's private activities.

7. Healthcare facility sites

If you clean a hospital, clinic, nursing home, laboratory or any other site where patient information may be present:

• We do not sign business associate agreements (BAAs), and Mopful is not designed to hold protected health information.
• You and your people must never photograph patients, patient records, screens, wristbands, charts, labels with patient names or any other patient information, and must not type it into notes or issues.
• If a photo or note contains patient information, delete it immediately and tell us at support@mopful.com.
• Mopful does not make you compliant with HIPAA or any other healthcare rule.

We may remove content that breaks this section.

8. Your content and our license to run the service

Your company owns the content it uploads and the records it creates. You give us a limited license to host, copy, process and display that content only to run, secure, back up and support the service for you, to generate the reports you request and to send them to the recipients you choose. You can export your data while your account is active. Closing the account is described in the Account Deletion page.

We own the software, the design and the templates we provide.

9. Privacy and data processing

The Privacy Policy explains how we handle personal information. If your company needs a processing contract, the Data Processing Addendum applies and forms part of these terms once you accept it or where it is incorporated by reference. We store data in the United States. Our sub-processors and support team may access it from other countries under contract.

10. AI features

Some features use an AI provider to draft translations or summaries from content you submit. AI output can be wrong. Review it before you rely on it or send it to a client. You are responsible for what you publish.

11. Third-party services

Mopful relies on third-party services (hosting, storage, email, billing, maps and device services). Their terms apply to their parts. We are not responsible for an outage or change at a third party, but we will try to reduce the impact.

12. Availability and backups

We aim to keep the service available but do not promise uninterrupted service. We keep rolling backup copies for 30 days. Backups are for recovering from our failures; they are not an archive you can ask us to restore from at any time.

13. Disclaimers

The service is provided "as is" and "as available", without warranties of any kind, express or implied, to the fullest extent the law allows, including warranties of merchantability, fitness for a particular purpose and non-infringement. TODO(attorney): confirm disclaimer wording and state-law limits

14. Limitation of liability

TODO(attorney): limitation of liability, exclusion of indirect damages and liability cap, to be drafted by counsel. Suggested starting point to review: a cap equal to the fees paid in the 12 months before the claim.

15. Indemnity

TODO(attorney): mutual indemnity clause, including your responsibility for employee notices and for content you upload.

16. Term, suspension and ending the relationship

You may stop using Mopful at any time. We may suspend or end an account for non-payment after the trial and grace periods, for breach of these terms, or to protect the service or other people. When an account is deleted, the process in the Account Deletion page applies.

17. Governing law and disputes

These terms are governed by the laws of TODO(owner): governing-law state, and disputes will be decided in the courts of TODO(owner): venue county and state. TODO(attorney): decide on arbitration, class-action waiver and small-claims carve-out, and check consumer-style protections that may apply to small businesses.

18. Changes

We may update these terms. For a material change we will give notice by email or in the app before it takes effect. The effective date of the current version is shown on this page. If you keep using the service after a change takes effect, you accept it.

19. Contact

Questions about these terms: support@mopful.com. Postal address: TODO(owner): US postal address for legal notices and CAN-SPAM. Phone: TODO(owner): US business phone and working hours.