Terms of Service

Effective [DATE] · Last updated [DATE]

Draft for review. This was written for BluCollar specifically, but it is not legal advice and has not been reviewed by a lawyer. Have an attorney review it before you rely on it, and fill in every item marked in [brackets].

These Terms govern your use of BluCollar, the software at blucollarpro.com operated by [LEGAL ENTITY NAME], [STATE] ([“we”], [“us”]). By creating an account or using BluCollar, you agree to them. If you are agreeing on behalf of a business, you confirm you are authorized to do so.

1. What BluCollar is

BluCollar is software for trades businesses: proposals, customer records, dispatch and service calls, job photos, invoicing, vendor bills, bookkeeping records, timekeeping, and payroll calculations. We provide the software. We do not perform your trade work, we are not your accountant, bookkeeper, payroll provider, or lawyer, and we do not file or pay taxes on your behalf.

2. Your account

  • You must give accurate signup information and keep it current.
  • You are responsible for everything done under your account, including by your employees.
  • Keep sign-in details private. Tell us promptly at [SUPPORT EMAIL] if you believe an account has been compromised.
  • You must be at least 18 and able to enter a binding contract.

3. Plans, fees and billing

  • Plans and prices are shown at blucollarpro.com/pricing. Some plans include a per-invoice charge, billed as you use it.
  • Payments are processed by Stripe. By subscribing, you authorize recurring charges to your payment method until you cancel.
  • Fees are billed in advance and are non-refundable except where required by law or where we state otherwise in writing.
  • We may change prices with at least 30 days’ notice by email or in the app. Continuing to use BluCollar after the change means you accept it.
  • If payment fails, we may suspend access until it is resolved.

4. Cancelling

You can cancel at any time; your plan runs to the end of the current billing period. You can export your data before cancelling, and we can provide a copy on request at [SUPPORT EMAIL] within [30] days of cancellation. After that, we may delete your data as described in the Privacy Policy.

5. Your data and your customers’ and employees’ data

Your business data belongs to you. You grant us permission to store and process it only to operate and support BluCollar.

You may enter personal information about other people, including your customers and employees (such as addresses, Social Security numbers, and bank account details for direct deposit). You are responsible for collecting it lawfully, for having any consents required, and for using it lawfully. We act on your instructions with respect to that information, as described in the Privacy Policy.

6. Payroll, tax and accounting: what is yours

BluCollar calculates payroll figures from what you enter, produces pay stubs and a bank file, and keeps bookkeeping records. It does not move money for payroll, does not file tax returns, and does not remit taxes.

  • You are responsible for the accuracy of what you enter, including pay rates, hours, withholding elections and bank details.
  • You are responsible for filing and paying all federal, state and local payroll taxes, and for year-end filings.
  • State income tax withholding is only included where you enter it yourself.
  • You are responsible for verifying employment eligibility (Form I-9), including examining original documents. Photos uploaded through BluCollar do not satisfy that requirement.
  • Have a qualified accountant or payroll professional review your setup before your first payroll.

7. Acceptable use

Don’t use BluCollar to break the law or infringe anyone’s rights; don’t try to access other businesses’ data or disrupt the service; don’t copy, resell or reverse engineer the software; and don’t upload malicious files. We may suspend accounts that do.

8. Third-party services

BluCollar relies on other providers, including Stripe for payments, and providers for hosting, file storage, email delivery and maps. Their handling of data is described in the Privacy Policy. Your use of Stripe for payments is also subject to Stripe’s own agreements.

9. Availability

We work to keep BluCollar available and to keep backups, but we do not promise uninterrupted service. We may change or discontinue features; if we discontinue something significant, we will give reasonable notice.

10. Warranty disclaimer

BluCollar is provided “as is” and “as available,” without warranties of any kind, whether express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the software will be error-free or that calculations will meet your legal obligations.

11. Limitation of liability

To the fullest extent permitted by law, we are not liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, lost data, tax penalties, or business interruption. Our total liability for any claim relating to BluCollar is limited to the fees you paid us in the [12] months before the claim.

12. Indemnity

You agree to defend and indemnify us against claims arising from your use of BluCollar, your data, or your failure to meet your legal obligations, including employment, tax and privacy obligations.

13. Changes to these Terms

We may update these Terms. If a change is material, we will give notice by email or in the app before it takes effect. Continuing to use BluCollar after that means you accept the updated Terms.

14. Governing law

These Terms are governed by the laws of the State of [STATE], without regard to conflict-of-law rules. Disputes will be brought in the state or federal courts located in [COUNTY, STATE], and both sides consent to that jurisdiction. [Consider whether you want an arbitration clause here — ask your attorney.]

15. Contact

Questions about these Terms: [SUPPORT EMAIL], [LEGAL ENTITY NAME], [MAILING ADDRESS].