Terms of Service

1. Agreement to Terms

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User”, “you”, or “your”) and TradeSender (“Company”, “we”, “us”, or “our”) governing your access to and use of the TradeSender website at https://tradesender.co.uk, the web application at https://app.tradesender.co.uk, our mobile applications for iOS and Android, and all related services, features, content, and applications (collectively, the “Service” or “Platform”).

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. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE SERVICE.

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website or by email. Your continued use of the Service after such modifications constitutes acceptance of the revised Terms.

2. Description of Service

TradeSender is a software-as-a-service (SaaS) platform designed for trade businesses, including but not limited to lawn care, landscaping, HVAC, plumbing, electrical, and other field service industries. The Service provides:

• Customer Relationship Management (CRM): Tools to manage customers, leads, properties, and contact information
• Scheduling and Calendar: Appointment booking, job scheduling, and automated reminders
• Quoting and Estimating: Create and send professional quotes to customers
• Invoicing and Payments: Generate invoices, accept online payments, and track payment status
• Job Tracking: Manage jobs from creation to completion, including assignment, status tracking, and notes
• Team Management: Add team members, assign roles, and manage permissions
• Mobile Applications: iOS and Android apps for field technicians and business owners
• Reporting and Analytics: Business insights and performance metrics

The specific features available to you depend on your subscription plan. We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time without liability.

3. Account Registration and Security

3.1 Account Creation

To use the Service, you must create an account by providing accurate, current, and complete information. You represent and warrant that:

• You are at least 18 years of age
• You have the legal authority to enter into these Terms on behalf of yourself or the entity you represent
• All information you provide is accurate, current, and complete, and you will maintain its accuracy
• You will not create multiple accounts for the same business entity

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to:

• Use a strong, unique password and keep it confidential
• Notify us immediately of any unauthorised access or security breach
• Not share your account credentials with third parties
• Ensure that users you invite comply with these Terms

We are not liable for any loss or damage arising from your failure to secure your account.

4. Subscriptions and Payment

4.1 Subscription Plans

TradeSender offers various subscription plans, including a free tier with limited features and paid plans with additional functionality. Details of current plans and pricing are available at https://tradesender.co.uk/pricing. We reserve the right to modify pricing and plan features at any time, with reasonable notice to existing subscribers.

4.2 Payment Terms

For paid subscriptions:

• Fees are billed in advance on a monthly or annual basis, as selected at checkout
• All fees are non-refundable except as expressly stated in these Terms or required by law
• You authorise us to charge your payment method for all applicable fees and renewals
• Failed payments may result in suspension or termination of your account
• Taxes are not included unless stated and are your responsibility

4.3 Free Trials and Promotions

We may offer free trials or promotional pricing. At the end of any trial period, your subscription will automatically convert to a paid subscription unless you cancel before the trial ends. We reserve the right to limit trial eligibility and modify promotional offers at any time.

4.4 Cancellation and Downgrades

You may cancel your subscription or downgrade to a lower tier at any time through your account settings. Cancellations take effect at the end of your current billing period. Downgrading may result in loss of access to certain features and data associated with your previous plan.

5. User Content and Data

5.1 Your Content

You retain ownership of the original content, data, and information you submit to the Service (“User Content”), including customer information, job details, invoices, quotes, photos, notes, and any other material. However, by submitting User Content, you grant TradeSender the following rights:

5.2 Licence Grant to TradeSender

You grant TradeSender a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, sublicensable, and transferable licence to:

• Use, host, store, reproduce, modify, and display User Content as necessary to provide and improve the Service
• Create aggregated, anonymised, de-identified, and statistical data derived from User Content (“Aggregated Data”)
• Use Aggregated Data for any purpose, including but not limited to analytics, benchmarking, research, product development, marketing, and commercial purposes
• Train, improve, and develop machine learning models, algorithms, and artificial intelligence systems using User Content and Aggregated Data
• Generate and publish industry insights, reports, trends, and analyses based on Aggregated Data
• Sublicense these rights to service providers and partners as necessary to operate and improve the Service

5.3 Ownership of Derived Data

TradeSender exclusively owns all Aggregated Data, insights, analyses, reports, machine learning models, and any other derivative works created from User Content. This ownership survives termination of your account or these Terms. You acknowledge that:

• Aggregated Data may be used by TradeSender for any purpose without compensation to you
• You have no ownership interest or rights in Aggregated Data or derivative works
• Deletion of your account will not affect Aggregated Data already created

5.4 Your Representations

You represent and warrant that:

• You own or have the necessary rights, licences, and consents to submit User Content and grant the rights described herein
• User Content does not violate any third-party rights, including intellectual property rights, privacy rights, or any applicable law
• You have obtained all necessary consents from individuals whose personal data you input into the Service

5.5 Data Export

Subject to your subscription plan, you may export your User Content from the Service. We provide reasonable data export functionality, but we do not guarantee that all data can be exported in every format. Export features may be limited on free plans.

6. Acceptable Use

You agree not to use the Service to:

• Violate any applicable law, regulation, or third-party rights
• Upload or transmit viruses, malware, or other harmful code
• Attempt to gain unauthorised access to the Service, other accounts, or computer systems
• Interfere with or disrupt the integrity or performance of the Service
• Use the Service for any illegal, fraudulent, or deceptive purpose
• Harvest, scrape, or collect information about other users without consent
• Reverse engineer, decompile, or attempt to extract the source code of the Service
• Resell, sublicense, or provide the Service to third parties without authorisation
• Use automated means (bots, scrapers, etc.) to access the Service without our written permission
• Circumvent any usage limits, security measures, or access controls
• Store or transmit content that is defamatory, obscene, threatening, or otherwise objectionable

We reserve the right to investigate and take appropriate action against violations, including suspending or terminating accounts, removing content, and reporting to law enforcement.

7. Intellectual Property

7.1 Our Rights

The Service, including all software, design, text, graphics, logos, icons, images, audio, video, and other content, as well as the selection and arrangement thereof, is owned by TradeSender or our licensors and is protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the Service without our written permission.

7.2 Trademarks

“TradeSender” and our logos are trademarks of TradeSender. You may not use our trademarks without prior written consent.

7.3 Feedback

If you provide us with feedback, suggestions, or ideas regarding the Service, you grant us the right to use such feedback without restriction or compensation to you.

8. Third-Party Services and Integrations

The Service may integrate with or contain links to third-party websites, services, or applications (“Third-Party Services”). Your use of Third-Party Services is subject to their terms and privacy policies. We are not responsible for the content, accuracy, or practices of Third-Party Services, and we do not endorse them. You access Third-Party Services at your own risk.

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that:

• The Service will meet your specific requirements
• The Service will be uninterrupted, timely, secure, or error-free
• Any results obtained from the Service will be accurate or reliable
• Any errors in the Service will be corrected
• The Service will be compatible with your hardware, software, or network

You acknowledge that you use the Service at your own risk and discretion.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TRADESENDER AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR:

• Any indirect, incidental, special, consequential, punitive, or exemplary damages
• Loss of profits, revenue, business, data, goodwill, or anticipated savings
• Costs of procurement of substitute goods or services
• Any damages arising from your use or inability to use the Service
• Any damages arising from unauthorised access to or alteration of your data
• Any matter beyond our reasonable control

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM, OR (B) ONE HUNDRED POUNDS STERLING (£100).

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

11. Indemnification

You agree to indemnify, defend, and hold harmless TradeSender and its officers, directors, employees, agents, affiliates, and licensors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from or related to:

• Your use or misuse of the Service
• Your User Content
• Your violation of these Terms
• Your violation of any law or third-party rights
• Any claim by your customers or other third parties related to your use of the Service

12. Termination

12.1 By You

You may terminate your account at any time by cancelling your subscription and deleting your account through the Service settings. Termination does not entitle you to any refund of prepaid fees.

12.2 By Us

We may suspend or terminate your access to the Service at any time, with or without cause, with or without notice, including but not limited to:

• Breach of these Terms
• Non-payment of fees
• Suspected fraudulent, abusive, or illegal activity
• Extended periods of inactivity
• At our sole discretion for any reason

12.3 Effect of Termination

Upon termination:

• Your right to access and use the Service will immediately cease
• We may delete your User Content after a reasonable retention period
• Provisions that by their nature should survive termination will survive, including Sections 5 (User Content and Data), 7 (Intellectual Property), 9 (Disclaimer), 10 (Limitation of Liability), 11 (Indemnification), and 14 (Governing Law)
• Our rights to Aggregated Data and derivative works survive indefinitely

13. Dispute Resolution

13.1 Informal Resolution

Before initiating any formal dispute resolution, you agree to contact us at legal@tradesender.co.uk to attempt to resolve the dispute informally. We will attempt to resolve disputes within 30 days.

13.2 Binding Arbitration

If informal resolution fails, you agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding arbitration, rather than in court. The arbitration shall be conducted in accordance with the rules of the London Court of International Arbitration (LCIA). The arbitration shall take place in London, United Kingdom, and shall be conducted in English.

13.3 Class Action Waiver

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

14. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of England and Wales, without regard to conflict of law principles. Subject to the arbitration provisions above, you agree to submit to the exclusive jurisdiction of the courts of England and Wales for any disputes not subject to arbitration.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or agreements published on the Service, constitute the entire agreement between you and TradeSender regarding the Service.

15.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

15.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

15.4 Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without restriction.

15.5 Force Majeure

We shall not be liable for any failure or delay in performing our obligations due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, pandemics, government actions, internet or power outages, or third-party service failures.

15.6 Notices

We may provide notices to you via email, posting on the Service, or other reasonable means. You may provide notices to us by email at legal@tradesender.co.uk.

15.7 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights except as expressly stated.

16. Contact Information

For questions or concerns about these Terms, please contact us at:

Email: legal@tradesender.co.uk
Website: https://tradesender.co.uk/contact