Terms of Service

These Terms of Service ("Terms") govern your access to and use of Totaly, the AI-powered operations dashboard available at totaly.ai (the "Service"). The Service is operated by Branson Workman, sole proprietor, located in Peoria, Arizona, United States ("Totaly", "we", "us").

By accessing or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

1. Eligibility and accounts

• You must be at least 18 years old and able to form a binding contract.
• You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.
• You agree to provide accurate account information and to keep it current.
• If you use the Service on behalf of an organization, you represent that you are authorized to bind that organization to these Terms.

2. Acceptable use

You agree not to:

• Use the Service for any unlawful purpose or in violation of applicable regulations, including telemarketing, messaging, and consumer protection laws
• Attempt to gain unauthorized access to the Service, other accounts, or related systems
• Reverse engineer, decompile, or attempt to extract the source code of the Service
• Interfere with or disrupt the integrity or performance of the Service
• Upload malicious code, or data you do not have the right to provide
• Resell, sublicense, or provide the Service to third parties without our written permission

3. Your data

You retain all ownership of the business data and content you submit to the Service ("Customer Data"). You grant us a limited license to host, process, transmit, and display Customer Data solely to provide and support the Service.

You are responsible for ensuring you have the necessary rights and consents to submit Customer Data, including any personal information about your customers, employees, or contractors.

Our handling of personal information is described in our Privacy Policy, which is incorporated into these Terms.

4. Third-party services

The Service integrates with third-party platforms, which may include Google, Supabase, and field service management systems such as FieldRoutes. Your use of those platforms is governed by their own terms and policies. We are not responsible for the availability, accuracy, or practices of third-party services, and integration behavior may change if a third party modifies its interfaces.

5. AI-generated output

6. Fees

Certain features of the Service may require payment. Where fees apply, they will be disclosed to you before purchase. Unless otherwise stated, fees are billed in advance, are non-refundable except where required by law, and may be changed with reasonable prior notice.

7. Intellectual property

The Service, including its software, design, and the Totaly name and logo, is owned by us and protected by intellectual property laws. These Terms grant you a limited, non-exclusive, non-transferable, revocable right to use the Service. No other rights are granted.

8. Availability and changes

We aim to keep the Service available and reliable, but we do not guarantee uninterrupted access. We may modify, suspend, or discontinue features at any time. We will make reasonable efforts to provide notice of material changes that adversely affect your use.

9. Termination

You may stop using the Service and delete your account at any time. We may suspend or terminate your access if you breach these Terms, if required by law, or if your use poses a security or legal risk. On termination, your right to use the Service ends immediately. You may request an export of your Customer Data within 30 days of termination.

10. Disclaimer of warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE, SECURE, OR UNINTERRUPTED, OR THAT ANY OUTPUT WILL BE ACCURATE.

11. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TOTALY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.

OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE TWELVE MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS.

12. Indemnification

You agree to indemnify and hold harmless Totaly from any claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising from your Customer Data, your use of the Service, or your violation of these Terms or applicable law.

13. Governing law and disputes

These Terms are governed by the laws of the State of Arizona, United States, without regard to its conflict of laws rules. You agree that the state and federal courts located in Maricopa County, Arizona have exclusive jurisdiction over any dispute arising from these Terms or the Service.

14. Changes to these Terms

We may update these Terms from time to time. When we make material changes, we will update the "Last updated" date above and, where appropriate, notify you within the Service. Your continued use of the Service after changes take effect constitutes acceptance.

15. Contact

Questions about these Terms:

• Email: wecare@totaly.ai
• Operator: Branson Workman, sole proprietor
• Location: Peoria, Arizona, United States