Terms and Conditions

Effective Date: July 1, 2024

Welcome to Fullbound (“Company,” “we,” “us,” or “our”). These Terms and Conditions (“Terms”) govern your access to and use of our software-as-a-service platform (the “Service”). By accessing or using the Service, you agree to comply with and be bound by these Terms. If you do not agree to these Terms, you must not use the Service.

1. Acceptance of Terms

By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is hereby incorporated by reference.

2. Amendments to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. In the event of a significant change, we will provide notice via email or through a notice on our website. Your continued use of the Service following the posting of any changes to these Terms constitutes acceptance of those changes.

3. Use of the Service

• Eligibility: You represent and warrant that you are at least 18 years of age.
• Account Creation: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.
• Permitted Use: You agree to use the Service solely for lawful purposes and in accordance with these Terms.

4. Subscription and Fees

• Subscription Plans: Fullbound offers a three-tier pricing model. Detailed descriptions of subscription plans and pricing are available on our website.
• Service and Usage Charges: Each subscription plan includes a base service charge and an additional usage-based charge. The usage-based charge is calculated based on the number of job matches and other metrics as outlined on our pricing page.
• Payment and Invoicing: You agree to pay all fees associated with your subscription in accordance with the payment terms specified at the time of purchase. You will be invoiced monthly in advance for the base service charge and any applicable usage-based charges from the previous month. Invoices are due and payable within [30] days of the invoice date.
• Late Payments: Any amounts not paid when due shall accrue interest at the rate of [1.5%] per month, or the maximum rate permitted by law, whichever is lower, from the due date until paid.
• Cancellation and Refunds: You may cancel your subscription at any time. Upon cancellation, your subscription will be prorated based on your usage up to the cancellation date. Refunds, if any, will be processed in accordance with our Refund Policy.

5. Intellectual Property

• Ownership: We retain all rights, title, and interest in and to the Service, including all intellectual property rights therein.
• License: Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes.

6. User Content

• Responsibility: You are solely responsible for any content you create, upload, or share using the Service.
• License to User Content: By submitting content to the Service, you grant us a worldwide, royalty-free, non-exclusive license to use, copy, modify, and display such content for the purpose of operating and improving the Service.

7. Confidentiality

Both parties agree to maintain the confidentiality of any confidential information received from the other party and to use such information only for the purposes of fulfilling their obligations under these Terms.

8. Termination

• Termination by You: You may terminate your subscription at any time by following the instructions on our website.
• Termination by Us: We reserve the right to suspend or terminate your access to the Service if you violate these Terms or if we are required to do so by law.
• Effect of Termination: Upon termination, your right to use the Service will immediately cease, and you will no longer have access to any data associated with your account.

9. Disclaimers and Limitation of Liability

• Disclaimer: The Service is provided “as is” and “as available,” without warranties of any kind, either express or implied. We disclaim all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
• Limitation of Liability: To the fullest extent permitted by applicable law, our liability for any claims arising out of or relating to these Terms or your use of the Service is limited to the amount you paid for the Service during the six months preceding the claim.

10. Indemnification

You agree to indemnify, defend, and hold harmless Fullbound, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or in any way connected with your access to or use of the Service or your violation of these Terms.

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the [Your State/Country], without regard to its conflict of law principles.

12. Dispute Resolution

Any disputes arising under or in connection with these Terms shall be resolved through binding arbitration in [Your State/Country], in accordance with the rules of the American Arbitration Association, except where prohibited by law.

13. Contact Information

If you have any questions about these Terms, please contact us at:

Fullbound
jason@fullbound.ai

14. Miscellaneous

• Entire Agreement: These Terms constitute the entire agreement between you and us with respect to the Service and supersede all prior agreements.
• Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will continue to apply.
• No Waiver: Our failure to enforce any provision of these Terms does not constitute a waiver of that provision.

15. Feedback

We welcome feedback on the Service. By providing feedback, you grant us a royalty-free, perpetual, and irrevocable license to use such feedback for any purpose.

16. Trademarks

• Ownership of Trademarks: Any trademarks shown on the website that do not belong to Fullbound are owned by other entities. These entities retain their rights to their trademarks.
• Purpose of Using Third-Party Trademarks: The third-party trademarks are used on Fullbound's website solely to identify the products and services that belong to those other entities.
• No Endorsement or Sponsorship: The presence of these third-party trademarks on Fullbound's website should not be taken to imply that Fullbound is endorsed or sponsored by the owners of those trademarks. In other words, just because a trademark appears on the website, it does not mean that Fullbound has any formal relationship with the trademark owner.
• Licensing and Usage Rights: The statement clarifies that nothing on the website should be interpreted as giving any visitor the right or license to use the trademarks shown on the site without first obtaining written permission from either Fullbound (if it's their trademark) or the third-party trademark owner.

17. Disclaimer of Warranties

• "As Is" and "As Available" Basis: The site is provided without any guarantees about its quality or functionality. It is offered in its current state, and users must accept it as it is, with all its potential imperfections.
• Right to Modify or Discontinue: Fullbound can change or shut down the site at any time without informing users in advance.
• No Guarantees from Fullbound Parties: Fullbound and its related entities (affiliates, subsidiaries, officers, directors, employees, agents) do not ensure that:
  • The information on the site is accurate, complete, timely, reliable, suitable, or useful.
  • The site will always be available or operate without errors.
  • Any specific information requested by users will be provided.
  • The site or its server is or will remain free from computer viruses or other harmful components.
• User Assumption of Risk: Users agree to assume all risks related to the quality and performance of the site and the accuracy, timeliness, or completeness of its content or services.
• Disclaimer of Warranties: The Fullbound Parties explicitly disclaim any and all representations, endorsements, guarantees, and warranties, both express and implied. This includes, but is not limited to, implied warranties of:
  • Merchantability (suitability for sale)
  • Fitness for a particular purpose (suitability for a specific use)
  • Title (ownership)
  • Non-infringement of third-party rights (no violation of others' rights)

18. Limitation of Liability

• No Liability for Reliance on Information: Fullbound Parties are not responsible for any loss or damage that may occur because you relied on information obtained from the site. This means that if you use information from the site and suffer a loss or harm, Fullbound cannot be held accountable.
• User Responsibility: It is up to you, the user, to assess the accuracy, completeness, and usefulness of the information provided on the site. You must evaluate the content yourself rather than relying on Fullbound to ensure its reliability.
• Exclusion of Damages: Fullbound Parties will not be liable for any types of damages (including direct, indirect, punitive, incidental, special, or consequential damages) that arise from or relate to the use of the site or the terms of this agreement. This applies regardless of the legal theory (warranty, contract, tort, etc.) used to make the claim.
• Jurisdictional Limitations: Some jurisdictions (regions or legal areas) do not allow the exclusion or limitation of liability for negligence or specific types of damages (consequential, incidental, etc.). In such jurisdictions, the liability of the Fullbound Parties is limited to the maximum extent allowed by local law.
• Sole Remedy: If you are dissatisfied with the site, your only recourse or solution is to stop using it. This means that if you do not like the site or its content, you cannot claim damages or compensation; you can only choose to discontinue your use of the site.

19. Response to Online Requests

• Offering Information or Materials: Occasionally, Fullbound may choose to provide information or materials to individuals who request them. This could be done through email or other communication methods.
• Discretion to Reject Requests: Fullbound retains the right to refuse any request for information or materials at its sole discretion. This means that Fullbound can decide not to provide the requested information or materials to any person for any reason, without needing to explain the decision.
• Discontinuing Provision: Fullbound also reserves the right to stop providing such information or materials to any person at any time, again for any reason. This implies that even if Fullbound initially agrees to provide the information or materials, they can later decide to cease doing so at their own discretion.

20. Links to Other Sites

• Links to Other Sites: The site may include hyperlinks to websites that are not operated or owned by Fullbound. These links are included for your convenience, meaning they are provided to make it easier for you to access related or additional information.
• No Control Over Linked Sites: Fullbound does not have control over the content or functionality of these linked external sites. Once you leave Fullbound's site and navigate to another website through a link, Fullbound is not responsible for what you encounter there.
• No Endorsement Implied: The presence of a link to another site does not mean that Fullbound endorses, supports, or agrees with the content or practices of that site. Linking to a site is not an endorsement or recommendation of that site’s content or services.
• No Responsibility for External Content: Fullbound is not liable for any information, content, or materials on the linked websites. If you encounter any issues or find inaccurate or inappropriate content on these linked sites, Fullbound is not responsible for addressing these issues.