Terms and Conditions

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This End-User License Agreement ("EULA") is a legal agreement between you ("Licensee" or "You") and Minimum Wage Studios LLC ("Licensor" or "Company"), regarding your access to and use of the SiteLog Pro mobile application and associated software, data, and documentation (collectively, the "Software"). The Software may include any updates, upgrades, patches, and cloud-based services and features made available by Licensor in connection with the mobile application. 

This EULA incorporates by reference the SiteLog Pro Privacy Policy (the “Privacy Policy”). The Privacy Policy describes how the Company collects, uses, discloses, and retains information in connection with the Software and related services. The Privacy Policy is available within the Application and at: https://www.sitelogpro.io/legal-pages/privacy-policy. 

BY DOWNLOADING, INSTALLING, OR USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THIS EULA. IF YOU DO NOT AGREE, DO NOT INSTALL OR USE THE SOFTWARE. 

If you use the Software on behalf of an entity, you represent and warrant that you have authority to bind that entity to this EULA, and “you” includes that entity. 

You must be at least eighteen (18) years old to use the Software.

 

1. Grant of License

 

A) Scope of License. Subject to your compliance with this EULA and your payment of any applicable subscription fees, Licensor grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the Software on devices that you own or control, solely for your internal business or personal purposes. You may not share, transfer, or make your account credentials available to any other person except as expressly permitted by the Software’s functionality for authorized users under your account. 

B) Subscription-Based Access. The Software is licensed, not sold. Your license to use the Software is contingent upon your maintenance of an active, paid subscription (if applicable). If your subscription expires or is terminated, your license to use the Software will immediately cease. 

C) App Store Terms. If you download the Software from a third-party platform (including the Apple App Store or Google Play Store), you agree to comply with that platform’s applicable terms and usage rules. If there is a conflict between this EULA and mandatory platform terms regarding your use of the platform, those platform terms control only to the extent of the conflict.

 

2. Intellectual Property Rights

 

A) Ownership of Software. You acknowledge that the Software, including its code, architecture, graphics, and documentation, is the proprietary property of Licensor and is protected by copyright, trademark, and other intellectual property laws. 

B) Restrictions. You may not: 

1. Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Software.

2. Rent, lease, loan, sell, or sublicense the Software to third parties.

3. Copy, modify, or create derivative works of the Software. 

C) Feedback. If you provide suggestions, ideas, or feedback about the Software (“Feedback”), you grant the Company a perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, modify, and otherwise exploit the Feedback for any purpose, without compensation to you. Feedback is not Confidential Information.

 

3. Data Ownership and License

 

A) Licensee Data Ownership. You retain all rights, title, and interest in and to the data, text, files, and information you input or upload to the Software ("Licensee Data"). You represent and warrant that you have all rights and permissions necessary to submit Licensee Data to the Software and to grant the rights granted in this EULA, and that your Licensee Data and your use of the Software comply with applicable law. 

B) License to Licensor. You hereby grant Licensor a worldwide, royalty-free, non-exclusive license to host, copy, transmit, display, and use your Licensee Data (i) to provide, maintain, support, secure and improve the Software and its services for you; and (ii) to create deidentified and anonymized, aggregated statistical data ("Aggregated Data"). Licensor may also use Licensee Data to (a) enforce this EULA, (b) comply with applicable law, and (c) prevent fraud, abuse, or security incidents. 

C) Ownership of Aggregated Data. You acknowledge and agree that Licensor owns all right, title, and interest in and to the Aggregated Data. Licensor may use, sell, license, and distribute Aggregated Data for any lawful purpose, including but not limited to analyzing industry trends, creating benchmarks, and improving Licensor's products, provided that such Aggregated Data is maintained in deidentified or aggregated form and does not personally identify You or any individual and Licensor does not attempt to reidentify any individual except as permitted by law. 

D) Data Accuracy and Backups. You are responsible for the completeness, accuracy, and legality of Licensee Data. The Company is not responsible for loss or corruption of Licensee Data except to the extent caused by the Company’s failure to use commercially reasonable safeguards. You are encouraged to maintain independent backups of Licensee Data.

 

4. Updates and Maintenance

 

Licensor may, at its sole discretion, provide updates, maintenance, or patches to the Software. The Software may automatically download and install updates as permitted by your device settings. Licensor has no obligation to provide any specific updates or to continue to provide or support any specific feature of the Software. Licensor may modify or discontinue the Software (in whole or in part) at any time, provided that the Company will use commercially reasonable efforts to provide notice of material discontinuation where practicable.

 

5. Privacy and Data Protection

 

Licensor agrees to process your personal data in accordance with the SiteLog Pro Privacy Policy (available within the Application and at https://www.sitelogpro.io/legal-pages/privacy-policy). By using the Software, you consent to such processing and represent that you have obtained all necessary consents from any third parties (e.g., your employees or clients) whose data you input into the Software. 

A) Roles; Business Use. If you use the Software on behalf of an organization and submit personal data of others (for example, employees, contractors, customers, or site visitors), you are responsible for providing required notices and obtaining required consents. To the extent applicable law distinguishes between a “controller” and a “processor,” you are the controller of such personal data and the Company is a processor acting on your instructions as reflected in the Software’s functionality and this EULA.

B) Device Data and Permissions. The Software may collect device and usage information (for example, device identifiers, operating system, application version, IP address, crash logs, and performance data) and may request device permissions (for example, camera, photo library, files, notifications, and location) if you enable related functionality. Additional details are in the Privacy Policy.

(C) Security. The Company maintains reasonable administrative, technical, and physical safeguards designed to protect personal data. However, no security measures are perfect, and the Company cannot guarantee absolute security.

5(D) Subprocessors. The Company may use third-party service providers to support the Software (for example, hosting, analytics, crash reporting, and customer support) and may share data with them to provide the Software, subject to the Privacy Policy.

 

 

6. Termination

 

A) By Licensor. Licensor may terminate this EULA immediately without notice if you fail to comply with any term of this EULA. Licensor may also suspend or terminate your access to the Software if Licensor reasonably believes your use of the Software creates a security risk, could adversely impact the Software, or could subject Licensor or any third party to liability.

B) Effect of Termination. Upon termination, you must cease all use of the Software and delete all copies. Upon termination, Sections 2, 3, 7, 8, 9, 10, 11, and any provisions that by their nature should survive, will survive.

C) Data Export. Upon termination, Licensor will make reasonable efforts to allow you to export your Licensee Data for a period of thirty (30) days, after which Licensor may delete your data from its servers in accordance with the Privacy Policy and applicable law.

(D) Termination by You. You may terminate this EULA at any time by discontinuing use of the Software and, if applicable, canceling any subscription through the platform where you subscribed..

 

7. Disclaimer of Warranties

 

THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. LICENSOR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, LICENSOR DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT ANY DATA STORED THROUGH THE SOFTWARE WILL BE ACCURATE OR COMPLETE. LICENSOR DOES NOT WARRANT THAT THE SOFTWARE WILL BE ERROR-FREE OR UNINTERRUPTED.

 

8. Limitation of Liability

 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING LOSS OF PROFITS, DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATED TO YOUR USE OF THE SOFTWARE OR THE INABILITY TO USE THE SOFTWARE, ANY INTERRUPTION OR STOPPAGE OF TRANSMISSION TO OR FROM THE SOFTWARE, OR ANY BUGS, VIRUSES, OR THE LIKE THAT MAY BE TRANSMITTED THROUGH THE SOFTWARE.

LICENSOR’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES SHALL NOT EXCEED THE TOTAL AMOUNT OF SUBSCRIPTION FEES PAID BY YOU TO LICENSOR IN THE SIX (6) MONTHS PRIOR TO THE CLAIM.

 

9. Indemnification by Licensee

 

You agree to indemnify and hold harmless Licensor from any claims, losses, liabilities, damages, or expenses (including attorney's fees) arising out of your use of the Software, your violation of this EULA or the Privacy Policy, or your violation of any third-party rights, including any claim arising from Licensee Data, your failure to obtain required consents, or your violation of applicable law.

 

10. Dispute Resolution; CLASS ACTION WAIVER; SMALL CLAIMS; INJUNCTIVE RELIEF; Governing Law

 

Any dispute arising from this EULA shall be resolved through binding arbitration administered by the American Arbitration Association in Houston, Texas, in accordance with its Commercial Arbitration Rules. Judgment on the award may be entered in any court having jurisdiction. 

YOU AND LICENSOR AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Either party may bring an individual action in small claims court if the claim qualifies. Nothing in this Section limits Licensor’s right to seek injunctive or equitable relief to protect its intellectual property or confidential information. 

Governing Law. This EULA is governed by the laws of the State of Texas, without regard to conflict of laws principles, except that the Federal Arbitration Act governs the interpretation and enforcement of the arbitration requirement.

 

 

11. Severability and No Waiver; Entire Agreement; Assignment

 

If any provision of this EULA is held to be invalid or unenforceable, the remaining provisions shall continue in full force. The failure of Licensor to enforce any right or provision of this EULA will not be deemed a waiver of such right or provision. 

This EULA, together with the Privacy Policy and any additional terms presented in the Software (including subscription terms), is the entire agreement between you and Licensor regarding the Software and supersedes any prior agreements on the subject. 

You may not assign this EULA without Licensor’s prior written consent. Licensor may assign this EULA in connection with a merger, acquisition, corporate reorganization, or sale of substantially all assets.

 

12. SPECIAL TERMS: GOOGLE PLAY (ANDROID USERS)

 

If you downloaded the Software from the Google Play Store:

 1. Google Play Terms Prevail: In the event of any conflict between this EULA and the Google Play Developer Distribution Agreement or Google Play Terms of Service, the Google Play terms shall control regarding your use of the Google Play store and the Google Pay Platform.

2. No Google Liability: You acknowledge that Google LLC and its affiliates have no obligation to provide support or maintenance for the Software.

 

13. SPECIAL TERMS: APPLE APP STORE (iOS USERS)

 

Acknowledgment Required by Apple Inc.

If you downloaded the Software from the Apple App Store, the following terms apply to you:

 1. Acknowledgment: This EULA is concluded between you and Licensor only, and not with Apple Inc. ("Apple"). Licensor, not Apple, is solely responsible for the Software and the content thereof.

2. Scope of License: The license granted to you for the Software is limited to a non-transferable license to use the Software on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions.

3. Maintenance and Support: Licensor is solely responsible for providing any maintenance and support services with respect to the Software. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Software.

4. Warranty: Licensor is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Software to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Software.

5. Product Claims: You and Licensor acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Software or your possession and/or use of that Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.

6. Intellectual Property Rights: In the event of any third-party claim that the Software or your possession and use of that Software infringes that third party’s intellectual property rights, Licensor, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

7. Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

8. Third Party Beneficiary: You and Licensor acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this EULA, and that, upon your acceptance of the terms and conditions of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary thereof.

 

14. Mobile Messaging Terms

 

If you use the Software to send or receive text messages or mobile notifications, you acknowledge and agree to the following terms:

  1. Program Name: SiteLog Pro SMS Alerts.

  2. Message Frequency: Message frequency varies based on dispatch, appointment, and other account activity.

  3. Pricing: Message and data rates may apply.

  4. Opt-Out Instructions: You or your end users may reply STOP at any time to cancel and opt out of receiving messages.

  5. Help Instructions: Reply HELP at any time for customer support or assistance.

  6. Compliance with Messaging Laws and Carrier Requirements: If you use the Software to send or initiate text messages or calls to any third party, you are solely responsible for complying with all applicable laws, regulations, and industry requirements, including the Telephone Consumer Protection Act, Federal Communications Commission rules, carrier rules, and applicable The Campaign Registry or similar A2P registration requirements. You represent and warrant that, before sending any text message or placing any call through the Software, you have provided all required notices and obtained all required consents from each recipient, will maintain records of such consent, and will honor opt out and revocation requests promptly. The Company may suspend or terminate your access to messaging features if it reasonably believes your use does not comply with applicable requirements.

 

15. Payment Processing and Payouts (Stripe Connect)

 

The Software may enable you to create invoices, accept payments from your customers, and receive payouts through Stripe Connect. Payment processing and connected account services are provided by Stripe, Inc. and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service, together with any other terms, policies, or disclosures required by Stripe from time to time. 

To use any payment related feature of the Software, you must create or connect a Stripe account, complete any onboarding or verification requirements requested by Stripe or the Company, and accept the applicable Stripe terms. If you do not satisfy those requirements, payment features may be unavailable, suspended, or terminated. 

You authorize the Company to collect, use, and share with Stripe information about you, your business, your authorized representatives, your bank account and payout details, and your transactions, in each case as reasonably necessary to facilitate account onboarding, identity verification, payment processing, payouts, fraud prevention, chargeback handling, tax reporting, and legal compliance. 

The Company may charge platform fees in connection with transactions processed through the Software, as disclosed in the Software, the applicable subscription or pricing terms, or an order form. Unless otherwise stated, platform fees will be deducted from amounts otherwise payable to you before payout.

You acknowledge that Stripe may impose holds, reserves, delays, reversals, refunds, chargebacks, or other restrictions under Stripe's own terms, network rules, or compliance requirements, and the Company is not responsible for such actions. 

You are solely responsible for the goods or services you provide to your customers, the accuracy of your invoices, customer disputes, refunds, taxes, and compliance with applicable law in connection with your transactions. The Company is not a party to any agreement between you and your customers and is not liable for nonpayment, payment disputes, chargebacks, failed transactions, or the acts or omissions of Stripe.

 

16. Contact Information

 For any questions, complaints, or claims with respect to the Software, please contact:

 

Minimum Wage Studios LLC

Attn: Legal Department

5900 Balcones Drive #28832

Austin, TX 78731

Email: legal@minimumwagestudios.io

 

Privacy Questions: legal@minimumwagestudios.io