My Business Workspace

Terms of Use

Effective: January 1, 2025

These Terms of Use ("Terms") govern your access to and use of My Business Workspace ("MBW", "we", "us", or "our") web and mobile applications, features, and related services (collectively, the "Services"). By creating an account, accessing, or using the Services, you agree to be bound by these Terms.

  1. Accounts & Eligibility
  2. Access, Availability & Modifications
  3. Customer Data & Privacy
  4. Acceptable Use
  5. Plans, Payments & Taxes
  6. Intellectual Property
  7. Feedback
  8. Confidentiality
  9. Third-Party Services
  10. Beta & Pre-Release Features
  11. Disclaimers
  12. Limitation of Liability
  13. Indemnification
  14. Suspension & Termination
  15. Governing Law & Disputes
  16. Changes to the Terms
  17. Contact

1) Accounts & Eligibility

  • You must be at least the age of majority in your jurisdiction and capable of forming a binding contract.
  • You are responsible for the accuracy of registration information and for maintaining the confidentiality of credentials. You must promptly notify MBW of any suspected unauthorized use.
  • Accounts are controlled by the subscribing company. Company administrators may manage roles, permissions, and access to data.

2) Access, Availability & Modifications

  • We strive for high availability but do not guarantee uninterrupted access. Planned maintenance and unforeseen outages may occur.
  • We may modify, suspend, or discontinue features to improve performance, security, or user experience.
  • You are responsible for compatible devices, browsers, and internet access.

3) Customer Data & Privacy

"Customer Data" means information you or your users submit to the Services, including customer records, contacts, calendars, jobs, products and inventory, invoices and payments, documents and e-signatures, proposals, communications (email/SMS metadata and content), and related files. You retain all rights to Customer Data.

  • We process Customer Data only to provide the Services, comply with law, protect MBW and users, and as otherwise described in our Privacy Policy.
  • You are responsible for obtaining all rights and consents required to upload and process Customer Data in the Services.
  • You may export your Customer Data using available tools. Upon termination, we will delete or return Customer Data in accordance with our data retention practices and applicable law.
See our Privacy Policy for details on categories of data, purposes of processing, integrations, and your choices.

4) Acceptable Use

You agree not to, and not to allow others to:

  • Violate law, infringe rights, or send unlawful, abusive, or deceptive communications.
  • Upload malicious code, scrape or harvest data, probe or bypass security, or overload the Services.
  • Misrepresent identity, impersonate others, or interfere with another user's access.
  • Resell, lease, sublicense, or create derivative works of the Services except as expressly permitted.

5) Plans, Payments & Taxes

  • Subscriptions are billed in accordance with the plan selected. Fees are non-refundable except where required by law or expressly stated.
  • You authorize us and our payment processors to charge fees and applicable taxes using your saved payment method.
  • We may adjust pricing or plan features on renewal; we'll notify your billing contact in advance where practicable.
  • You are responsible for all taxes (excluding MBW's income taxes). If your payment fails or is overdue, we may suspend access until payment is cured.

6) Intellectual Property

  • MBW, the Services, and all related software, designs, and content are owned by MBW or its licensors and are protected by IP laws.
  • No rights are granted except the limited, revocable, non-transferable right to use the Services during your subscription term.
  • Your trademarks and content remain yours; you grant MBW a limited license to display them within the Services solely to provide the Services.

7) Feedback

If you provide suggestions or ideas, you grant MBW a worldwide, royalty-free, perpetual license to use them without restriction or obligation.

8) Confidentiality

Each party may receive non-public information designated as confidential or that should reasonably be understood as confidential. The receiving party will use such information only to perform under these Terms, protect it with reasonable care, and not disclose it except to personnel, service providers, or advisors bound by confidentiality obligations.

9) Third-Party Services

Integrations (e.g., email/SMS providers, accounting, payment processors) are provided by third parties. Your use of those services is governed by their terms and privacy policies. MBW is not responsible for third-party services.

10) Beta & Pre-Release Features

We may offer preview features labeled alpha, beta, or similar. These are provided "as is," may change or end at any time, and may be subject to additional terms.

11) Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." MBW DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT UNINTERRUPTED OR ERROR-FREE OPERATION OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS.

12) Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MBW WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL. MBW'S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICES SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO MBW FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

13) Indemnification

You agree to defend, indemnify, and hold MBW, its affiliates, and personnel harmless from any third-party claim, damage, or expense arising from your Customer Data, your use of the Services in violation of these Terms, or your violation of law or third-party rights.

14) Suspension & Termination

  • We may suspend or limit access immediately if we reasonably believe there is a security risk, non-payment, or material breach.
  • Either party may terminate for material breach that remains uncured for 30 days after written notice.
  • Upon termination, your right to use the Services ceases. We will handle Customer Data per Section 3 (and applicable law).

15) Governing Law & Disputes

These Terms are governed by the laws of the State of Texas, without regard to conflicts of laws principles. The parties consent to exclusive jurisdiction and venue in the state and federal courts located in Harris County, Texas.

16) Changes to the Terms

We may update these Terms from time to time. If changes are material, we will provide reasonable notice (e.g., email to your admin or in-app notice). Your continued use of the Services after the effective date constitutes acceptance of the updated Terms.

17) Contact

If you have questions about these Terms, contact us at contact@mybusinessworkspace.com.

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