TERMS
TurfIQ Terms of Service
These Terms of Service ("Terms") are an agreement between Geointel Advantage ("Geointel Advantage", "we", "us" or "our") and the business that signs up for TurfIQ ("Customer", "you" or "your"). They cover the TurfIQ office web app, the TurfIQ crew app for iPhone, the customer quote pages, the website at turfiq.geointeladvantage.com, and related support (together, the "Service").
Please read these Terms carefully. By creating an account, ticking the box at sign-up, or using the Service, you agree to these Terms. If you do not agree, do not use the Service.
1. Who may use TurfIQ
1.1. TurfIQ is software for businesses that sell and install artificial turf and similar outdoor work. It is not for personal, family or household use.
1.2. The person who accepts these Terms confirms that they are at least 18 years old and that they have authority to bind the business named in the account. If they do not have that authority, they must not accept these Terms.
1.3. You must give us accurate business and contact details, and keep them up to date.
2. Accounts and security
2.1. You are responsible for your account, for everyone you invite to it, and for everything done through it.
2.2. Each person must use their own login. Do not share passwords. Keep login details, devices and recovery methods secure. Use multi-factor authentication where we offer it.
2.3. Tell us at once at [email protected] if you think someone has used your account without permission or if a device with the crew app is lost or stolen.
2.4. Account owners and administrators decide who can see and change data in the account. Give each person only the access they need.
3. Free trial
3.1. A new business account can use TurfIQ free for 30 days, for up to 3 people. You do not need to give a payment card to start the trial.
3.2. We may limit trials to one per business, and we may refuse or end a trial if we see abuse or fraud.
3.3. When the trial ends, the account becomes read-only until you start a paid subscription. You can still sign in and export your data during that time. If you do not subscribe, we may close the account and delete its data as set out in section 10 and in our Privacy Policy.
3.4. We provide the trial "as is" and without any commitment of support or availability.
4. Subscription and fees
4.1. After the trial, the Service is billed per person per month (or per year, where offered). Each active team member and each unexpired invitation uses one seat. The price, billing period, seat count and any taxes are shown before you confirm checkout. Larger teams may need a separate written order.
4.2. Billing for the subscription is handled by our payment provider, Stripe. You authorize Stripe to charge your chosen payment method for each billing period, for added seats, and for applicable taxes, until you cancel. We do not receive or store your full card or bank account number.
4.3. Subscriptions renew automatically at the end of each billing period unless you cancel before the renewal date.
4.4. When you add seats or change your billing period, we show you the charge or credit before you confirm. Changes can be prorated. A change takes effect when Stripe confirms it.
4.5. Fees do not include taxes. You are responsible for sales, use, value-added and similar taxes, other than taxes on our income.
4.6. We may change our prices. We will give you at least 30 days' notice by email or in the app before a price change applies to your subscription. The new price starts at your next renewal after the notice period. If you do not agree, you can cancel before the change starts.
5. Cancellation and refunds
5.1. You can cancel at any time in the billing settings of the app. Cancellation takes effect at the end of the current paid period. You keep access until then.
5.2. Fees already paid are not refundable, and we do not give credits for partial periods or unused seats, except where the law requires it or where we say otherwise in writing.
5.3. If we charged you by mistake (for example, a duplicate charge), contact us within 60 days and we will correct it.
5.4. If you think a charge is wrong, please contact us first at [email protected] before you open a dispute with your bank.
6. Late or failed payment
6.1. If a payment fails, we will tell you and Stripe will try again. You have a grace period of 7 days to update your payment method.
6.2. If payment is still not made after the grace period, we may make the account read-only until the amount is paid. We will not delete your data only because a payment is late, but section 10 applies if the account is later closed.
6.3. You remain responsible for fees that are due up to the end of the Service.
7. Payments from your customers
7.1. TurfIQ can help you collect deposits and balances from your own customers through Stripe Connect. To use this, you must create or connect a Stripe account and accept Stripe's own agreements, including the Stripe Connected Account Agreement.
7.2. You are the seller to your customers. You are responsible for your prices, quotes, invoices, taxes, refunds, chargebacks, disputes, warranties, the work you do, and your obligations under consumer, home-improvement, licensing and payment laws.
7.3. Geointel Advantage provides software only. We are not a bank, a money transmitter, or a party to your sales. We do not guarantee that your customers will pay, or the timing of payouts. Stripe decides whether to enable your account, what checks it needs, and when it pays out.
7.4. Platform fees for customer payments, if any, are shown in the app before you turn on online payments.
8. Your data
8.1. "Customer Data" means the information you and your team put into the Service, and the information your customers give through it. This includes your customers' names, contact details, addresses, property and lawn measurements, photos, quotes, invoices and payment records.
8.2. You own your Customer Data. We do not claim any ownership of it.
8.3. You give us a limited right to host, copy, process, transmit and display Customer Data only as needed to provide, secure and support the Service, to prevent abuse, and as the law requires. We process Customer Data on your behalf and on your instructions, as a "processor" and "service provider". Our Privacy Policy explains this in more detail.
8.4. We will not sell Customer Data. We will not use it to advertise to your customers, and we will not contact your customers for our own marketing.
8.5. We may use usage information about how the Service works (for example, performance and error data) and aggregated or de-identified information that does not identify you, your customers or any person, to run and improve the Service.
8.6. You are responsible for your Customer Data and for how you collect it. You must:
- have a lawful basis and give any notices needed to collect and use your customers' information, including photos of their property;
- get any consent the law requires before you send texts, emails or other messages to your customers through the Service;
- not upload information that you have no right to share; and
- not put payment card numbers, bank account numbers, government ID numbers, health information or other sensitive information into free-text fields, notes or photos.
9. Privacy and security
9.1. Our Privacy Policy at https://turfiq.geointeladvantage.com/privacy/ explains how we handle personal information. It forms part of these Terms.
9.2. We use reasonable administrative, technical and physical safeguards to protect Customer Data. These include encryption in transit, access controls, separation of each business's data, and logged access.
9.3. If we confirm unauthorized access to your Customer Data, we will tell you without undue delay, give you the information we reasonably can, and take reasonable steps to limit the harm.
9.4. If you need a data processing agreement for your customers' data, contact [email protected].
10. Export and deletion
10.1. You can export your Customer Data from the app at any time while the account is active or read-only.
10.2. After your subscription ends or your account is closed, the account stays read-only for 30 days so that you can export your data. After that, we delete or de-identify Customer Data within 90 days, except for data we must keep by law, data needed for billing, tax or legal claims, and data in backups. Backups are overwritten on a regular schedule and are kept secure until then.
10.3. You can ask us to delete your account and Customer Data sooner by writing to [email protected].
11. Acceptable use
You must not, and must not let others:
- break any law, or the rights of other people, through the Service;
- upload content that is false, misleading, unlawful, harmful, harassing or infringing;
- send spam, or send messages to people who have not agreed to get them where the law requires consent;
- try to get into accounts, systems or data that are not yours;
- test, scan or probe the Service for weaknesses, or overload it, unless we agree in writing;
- get around seat limits, billing, security or usage controls;
- copy, resell or sublicense the Service, or use it to build a competing product;
- reverse engineer the Service, except where the law allows it;
- use the Service for fraud, or for payments that Stripe or card networks do not allow; or
- use bots or scripts to access the Service other than through features or APIs we provide.
12. The crew app, measurements and photos
12.1. The TurfIQ iPhone app uses the camera, augmented reality and the phone's location to help measure lawns and to take install photos. It asks for your permission first. You can turn permissions off in the phone settings, but some features will then not work.
12.2. The iPhone app may be offered as a beta through Apple TestFlight. Apple's terms for TestFlight also apply.
12.3. Measurements, area totals, material lists, estimates and drawings from the Service are tools to help you. They can be wrong. You are responsible for checking measurements on site before you order materials, give a final price or start work. We are not responsible for losses that come from relying on a measurement or estimate without checking it.
12.4. Your crews must use the app safely. Do not use the app while driving, and follow site safety rules.
13. Third-party services
The Service works with services from other companies, such as Stripe, Apple, email delivery providers and map providers. Their terms and privacy policies apply to your use of them. We are not responsible for third-party services, and we may change which providers we use.
14. Beta features
We may offer features marked as beta, preview or early access. You can choose whether to use them. They may change, have errors or be removed, and they are provided "as is", without any warranty or support commitment.
15. Confidentiality
15.1. "Confidential Information" means non-public information that one party gives the other and that a reasonable person would understand to be confidential. Customer Data is your Confidential Information. Non-public details of the Service, pricing offered to you and security information are ours.
15.2. Each party will use the other's Confidential Information only to perform under these Terms, protect it with reasonable care, and share it only with people and providers who need it and are bound by similar duties.
15.3. This does not apply to information that is or becomes public through no fault of the receiving party, that the receiving party already had or developed independently, or that it received lawfully from someone else. A party may disclose Confidential Information when the law requires it, but it will give notice first where the law allows.
16. Intellectual property
16.1. We and our licensors own the Service, the software, designs, documents and trademarks, and all improvements to them. These Terms do not transfer ownership of them to you.
16.2. While you have a paid subscription or trial, we give you a limited, non-exclusive, non-transferable right for your authorized team members to use the Service for your internal business.
16.3. If you send us ideas or feedback, we may use them without any obligation to you.
17. Suspension
We may suspend access to all or part of the Service if we reasonably believe that it is needed to stop a security risk, a breach of section 11, fraud, or harm to people, the Service or our providers, or if the law requires it. We will tell you in advance where it is practical, and we will restore access when the problem is fixed.
18. Term and termination
18.1. These Terms start when you accept them and continue until your account is closed.
18.2. You can stop using the Service and cancel at any time as set out in section 5.
18.3. Either party may end these Terms by written notice if the other party seriously breaks them and does not fix the breach within 30 days of notice. We may end these Terms at once if you break section 11 in a serious way, or if we stop offering the Service. If we stop offering the Service, we will give you at least 30 days' notice and a pro rata refund of any prepaid fees for the period after the end date.
18.4. Sections 5.2, 6.3, 7.2, 8, 10, 15, 16, 19 to 21, 23 and 24 continue after these Terms end.
19. Warranties and disclaimers
19.1. Each party confirms that it has the right to enter into these Terms.
19.2. We will provide the Service with reasonable skill and care, and we will not knowingly reduce its core security.
19.3. EXCEPT AS SET OUT IN THIS SECTION, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT THE LAW ALLOWS, WE DISCLAIM ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT PROMISE THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT MEASUREMENTS OR ESTIMATES WILL BE ACCURATE, OR THAT DATA WILL NEVER BE LOST. YOU SHOULD KEEP YOUR OWN COPIES OF IMPORTANT RECORDS.
20. Limitation of liability
20.1. TO THE FULLEST EXTENT THE LAW ALLOWS, NEITHER PARTY IS LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL OR DATA, EVEN IF IT WAS TOLD THEY WERE POSSIBLE.
20.2. TO THE FULLEST EXTENT THE LAW ALLOWS, EACH PARTY'S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS IS LIMITED TO THE FEES YOU PAID TO US FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT THAT GAVE RISE TO THE CLAIM, OR US$100 IF YOU PAID NO FEES.
20.3. The limits in this section do not apply to your duty to pay fees, to either party's obligations under section 21, or to liability for fraud, gross negligence or willful misconduct, or any liability that cannot be limited by law.
21. Indemnity
21.1. You will defend Geointel Advantage and its officers, employees and contractors against any claim by a third party that arises from your Customer Data, your work or sales to your customers (including disputes about quotes, payments, refunds or installation work), or your breach of section 8.6 or section 11. You will pay the damages, costs and reasonable legal fees finally awarded or agreed in settlement.
21.2. We will defend you against any claim by a third party that the Service, as we provide it, infringes that party's intellectual property rights, and pay the damages, costs and reasonable legal fees finally awarded or agreed in settlement. This does not apply to claims caused by your Customer Data, by third-party services, by changes not made by us, or by use that breaks these Terms. If such a claim happens, we may change the Service so that it does not infringe, get a license, or end the affected part and refund prepaid fees for it.
21.3. The party asking for defense must tell the other party promptly, let it control the defense and settlement, and give reasonable help. A party may not settle a claim in a way that admits fault for the other party without its consent.
22. Changes to the Service and these Terms
22.1. We improve the Service often. We may add, change or remove features. We will not make a change that materially reduces the core functions of a paid subscription during its current billing period without notice.
22.2. We may update these Terms. Each version has a version number and date. If a change is material, we will tell you at least 30 days before it takes effect, by email or in the app, and we may ask an administrator to accept the new version. If you do not agree to a change, you can cancel before it takes effect. If you keep using the Service after a change takes effect, you accept the change. We keep a record of the versions each business accepted.
23. Governing law and disputes
23.1. These Terms are governed by the laws of the State of Texas, USA, and applicable federal law, without regard to conflict-of-law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
23.2. Before starting a legal claim, please contact us at [email protected] and give us 30 days to try to resolve the issue informally.
23.3. Any legal action arising out of or relating to these Terms must be brought only in the state or federal courts located in Texas, and each party agrees to the jurisdiction of those courts. Either party may ask any court for urgent relief to protect its intellectual property or Confidential Information.
24. General
24.1. Electronic communications. You agree that we can give you notices, agreements and records electronically, by email to the account owner or in the app. Your acceptance of these Terms by ticking a box is an electronic signature.
24.2. Notices to us. Send legal notices to [email protected].
24.3. Assignment. You may not transfer these Terms without our written consent. We may transfer them to a company that acquires our business or the Service, and we will tell you if we do.
24.4. Force majeure. Neither party is responsible for delays or failures caused by events beyond its reasonable control, such as natural disasters, power or internet outages, or the failure of third-party providers. This does not excuse payment of fees.
24.5. Independent parties. The parties are independent contractors. These Terms do not create a partnership, employment or agency relationship.
24.6. Export and sanctions. You must not use the Service in breach of US export control or sanctions laws.
24.7. Entire agreement. These Terms, the Privacy Policy, and any order or data processing agreement that we both sign are the whole agreement about the Service. If they conflict, a signed order or data processing agreement wins, then these Terms, then the Privacy Policy. Terms in your purchase orders do not apply.
24.8. Other. If a part of these Terms cannot be enforced, the rest stays in effect. If we do not enforce a right, we do not waive it. Headings are for convenience only. "Including" means "including without limitation".
25. Contact
Geointel Advantage
Legal questions and notices: [email protected]
Privacy questions: [email protected]
Website: https://turfiq.geointeladvantage.com