Introduction
These Terms of Use (“Terms”) govern your access to and use of the Sitewise website (trySitewise.com) and software platform (the “Service”) provided by Sitewise (“we,” “our,” or “us”).
By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Service.
1. Acceptance of Terms
By creating an account or using the Service, you confirm that:
- You are at least 18 years old
- You have the legal authority to enter into these Terms
- If using on behalf of a company, you have authority to bind that company to these Terms
- You will comply with all applicable laws and regulations
2. Description of Service
Sitewise is a business management platform for contractors and construction companies. The Service includes:
- Project management and scheduling
- Job costing and financial tracking
- Work order and field service management
- Customer relationship management
- Invoicing and payment processing
- Mobile applications for field operations
- Integrations with third-party services
We reserve the right to modify, suspend, or discontinue any part of the Service at any time with reasonable notice.
3. Account Registration
To use the Service, you must create an account and provide accurate, complete, and current information. You are responsible for:
- Maintaining the confidentiality of your login credentials
- All activities that occur under your account
- Notifying us immediately of any unauthorized access
- Ensuring that users you add to your account comply with these Terms
We reserve the right to suspend or terminate accounts that violate these Terms or engage in fraudulent activity.
4. Subscription Plans and Payment
Pricing Subscription fees are based on the plan you select and the number of users. Current pricing is available at trySitewise.com/pricing.
Billing
- Monthly subscriptions are billed in advance on a recurring basis
- Annual subscriptions are billed in advance for the full year
- All fees are non-refundable except as specified in our refund policy
Payment
- You authorize us to charge your payment method for all applicable fees
- You are responsible for providing valid and current payment information
- Failed payments may result in suspension of service
Price Changes We may change our prices with 30 days’ advance notice. Price changes will take effect at the start of your next billing cycle.
5. Free Trial
We offer a 30-day free trial with full access to Professional plan features. During the trial:
- No credit card is required to start
- Your data will be retained if you convert to a paid subscription
- If you do not subscribe, your account and data will be deactivated after the trial period
6. Cancellation and Refunds
Cancellation You may cancel your subscription at any time through your account settings or by contacting support. Upon cancellation:
- Your subscription remains active until the end of the current billing period
- You will not be charged for subsequent periods
- Your data is available for export for 90 days after cancellation
Refund Policy
- We offer a 60-day money-back guarantee for new subscribers
- Refund requests within the first 30 days are processed without question
- Refund requests between 31-60 days are reviewed on a case-by-case basis
- No refunds are provided after 60 days or for annual plans after 30 days
7. Acceptable Use
You agree not to:
- Use the Service for any unlawful purpose
- Violate any applicable laws or regulations
- Infringe on the intellectual property rights of others
- Upload or transmit viruses, malware, or malicious code
- Attempt to gain unauthorized access to the Service or other accounts
- Interfere with or disrupt the Service or servers
- Scrape, data mine, or use automated tools to access the Service without permission
- Resell, sublicense, or redistribute the Service without authorization
- Use the Service to send spam or unsolicited communications
- Impersonate another person or entity
We reserve the right to suspend or terminate accounts that violate these rules.
8. Your Data
Ownership You retain all ownership rights to the data you input into the Service (“Your Data”). We do not claim ownership of Your Data.
License By using the Service, you grant us a limited license to access, process, and display Your Data solely to provide the Service to you.
Responsibility You are responsible for:
- The accuracy and legality of Your Data
- Obtaining necessary consents to input personal data of third parties (e.g., customers, employees)
- Maintaining backups of Your Data (we provide export tools, but recommend keeping your own backups)
Data Export You may export Your Data at any time through the Service. After account cancellation, data export is available for 90 days.
9. Intellectual Property
Our Intellectual Property The Service, including its design, features, content, and underlying technology, is owned by Sitewise and protected by intellectual property laws. You may not copy, modify, distribute, or reverse engineer any part of the Service.
Trademarks “Sitewise” and our logo are trademarks of Sitewise. You may not use our trademarks without prior written permission.
Feedback If you provide suggestions, feedback, or ideas about the Service, you grant us the right to use that feedback without compensation or obligation to you.
10. Third-Party Services
The Service integrates with third-party services (e.g., QuickBooks, Stripe, Google). Your use of these integrations is subject to the third party’s terms and privacy policies. We are not responsible for third-party services.
11. Disclaimers
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.
We do not warrant that:
- The Service will be uninterrupted or error-free
- The Service will meet your specific requirements
- Results obtained from the Service will be accurate or reliable
We specifically disclaim warranties of merchantability, fitness for a particular purpose, and non-infringement.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
- We are not liable for any indirect, incidental, special, consequential, or punitive damages
- We are not liable for any loss of profits, data, business, or goodwill
- Our total liability for any claims arising from these Terms or the Service is limited to the amount you paid us in the 12 months preceding the claim
Some jurisdictions do not allow limitation of liability, so these limitations may not apply to you.
13. Indemnification
You agree to indemnify and hold harmless Sitewise, its officers, employees, and agents from any claims, damages, or expenses (including legal fees) arising from:
- Your use of the Service
- Your violation of these Terms
- Your violation of any third-party rights
- Your Data or content you submit to the Service
14. Dispute Resolution
Governing Law These Terms are governed by the laws of the State of Montana, without regard to conflict of law principles.
Arbitration Any dispute arising from these Terms or the Service will be resolved through binding arbitration in accordance with the American Arbitration Association rules. Arbitration will take place in Kalispell, MT.
Class Action Waiver You agree to resolve disputes individually and waive any right to participate in a class action lawsuit or class-wide arbitration.
Exceptions Either party may seek injunctive relief in court to protect intellectual property rights or prevent imminent harm.
15. Changes to Terms
We may update these Terms from time to time. Material changes will be communicated via:
- Email notification to account holders
- Notice within the Service
- Updated “Last Modified” date on this page
Continued use of the Service after changes constitutes acceptance of the updated Terms.
16. General Provisions
Entire Agreement These Terms, along with our Privacy Policy, constitute the entire agreement between you and Sitewise regarding the Service.
Severability If any provision of these Terms is found unenforceable, the remaining provisions remain in effect.
Waiver Our failure to enforce any provision does not waive our right to enforce it in the future.
Assignment You may not assign your rights under these Terms without our consent. We may assign our rights without restriction.
Force Majeure We are not liable for delays or failures caused by circumstances beyond our reasonable control (e.g., natural disasters, war, government action).
17. Contact Us
If you have questions about these Terms, contact us at:
Sitewise Legal Team Email: legal@trySitewise.com Phone: (346) 300-0547 Address: 175 Hutton Ranch Road, Ste 103, Kalispell, MT, US, 59901
