Terms of Service

These Terms of Service ("Terms") govern access to and use of the BlacktopIQ platform, including its web application and mobile applications (collectively, the "Service"), provided by BlacktopIQ, LLC ("BlacktopIQ," "we," "us," or "our"). By creating an account, subscribing to a plan, or otherwise using the Service, you ("Customer," "you," or "your") agree to these Terms.

If you are entering into these Terms on behalf of a company, you represent that you have authority to bind that company, and "you" refers to that company.

1. The Service

BlacktopIQ is a subscription-based, multi-tenant field service management platform designed for asphalt and paving contractors, providing tools including but not limited to job estimating, invoicing, scheduling, customer relationship management, and team management, accessible via web browser and native mobile applications.

2. Accounts and Registration

• You must provide accurate and complete information when creating an account and must keep that information up to date.
• You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.
• You must notify us promptly at help@blacktopiq.com if you become aware of any unauthorized use of your account.
• Account administrators are responsible for managing user permissions and access levels for staff added to their company account.

3. Subscription Plans, Fees, and Billing

• The Service is offered under subscription plans (currently Solo, Solo+, Crew, Crew+, and Pro), billed monthly or annually, as described on our website or within the Service.
• All payments are processed through Stripe, our third-party payment processor. By subscribing, you authorize us to charge your payment method on a recurring basis until you cancel.
• Subscriptions automatically renew at the end of each billing period unless canceled prior to renewal.
• Fees are non-refundable except as required by law or as expressly stated in these Terms.
• We may change subscription pricing with at least 30 days' notice. Continued use of the Service after a price change takes effect constitutes acceptance of the new pricing.
• You are responsible for any taxes associated with your subscription, other than taxes on our net income.

4. Cancellation and Termination

• You may cancel your subscription at any time; cancellation will take effect at the end of the current billing period, and you will retain access until then.
• We may suspend or terminate your access to the Service if you fail to pay applicable fees, violate these Terms, or engage in conduct that we determine, in our reasonable discretion, is harmful to BlacktopIQ, other Customers, or the Service.
• Upon termination, your right to access the Service ends. We will retain your data for a limited period following cancellation as described in our Privacy Policy to permit reactivation or data export, after which it may be deleted.

5. Customer Data and Content

• You retain ownership of all data, content, and information you or your staff submit to the Service, including customer records, estimates, invoices, and job data ("Customer Data").
• You grant BlacktopIQ a limited license to host, store, process, and display Customer Data solely as necessary to provide the Service to you.
• You are solely responsible for the accuracy, legality, and appropriateness of Customer Data you submit, including any information about your own clients ("End Customers"), and for ensuring you have the necessary rights and permissions to submit such information.
• You are responsible for complying with applicable law with respect to any End Customer data you enter into the Service, including providing any required notices or obtaining any required consents from your End Customers.

6. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable law or regulation.
• Attempt to access another Customer's account or data without authorization, or attempt to breach the multi-tenant isolation of the platform.
• Reverse engineer, decompile, or attempt to extract the source code of the Service, except as permitted by law.
• Use the Service to transmit malware, spam, or other harmful or disruptive content.
• Resell, sublicense, or provide access to the Service to any third party outside your own company without our prior written consent.
• Interfere with or disrupt the integrity or performance of the Service or its infrastructure.

7. Third-Party Services

The Service relies on and integrates with third-party providers, including Stripe (payments), Supabase (data storage), Resend (email delivery), Tawk.to (live chat), Vercel (hosting), and Google Analytics (analytics). Your use of the Service is also subject to the applicable terms of these providers where relevant. We are not responsible for the acts, omissions, or downtime of third-party providers.

8. Intellectual Property

BlacktopIQ retains all right, title, and interest in and to the Service, including its software, design, trademarks, and underlying technology. Nothing in these Terms transfers any ownership rights in the Service to you. Except for the limited rights expressly granted in these Terms, no other rights are granted.

9. Disclaimers

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

BlacktopIQ is a business management tool. You are solely responsible for the accuracy of estimates, invoices, pricing, and other business decisions made using the Service. We are not responsible for errors in job costing, pricing, or scheduling arising from data you input or configure.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BLACKTOPIQ AND ITS OFFICERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO BLACKTOPIQ IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

11. Indemnification

You agree to indemnify, defend, and hold harmless BlacktopIQ from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) Customer Data you submit, including data about your End Customers; (c) your violation of these Terms; or (d) your violation of any applicable law or the rights of a third party.

12. Modifications to the Service and Terms

We may modify or discontinue features of the Service at any time. We may also update these Terms from time to time; material changes will be communicated via email or in-app notice. Continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

13. Governing Law and Dispute Resolution

These Terms are governed by the laws of the state in which BlacktopIQ, LLC is organized, without regard to conflict-of-law principles. Any dispute arising out of or relating to these Terms or the Service shall be resolved in the state or federal courts located in that state, and you consent to the personal jurisdiction of such courts.

14. Miscellaneous

• Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and BlacktopIQ regarding the Service.
• Severability: If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect.
• No Waiver: Our failure to enforce any provision of these Terms shall not be deemed a waiver of that provision.
• Assignment: You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
• Force Majeure: We are not liable for delays or failures in performance resulting from causes beyond our reasonable control.

15. Contact Us

BlacktopIQ, LLC
Email: help@blacktopiq.com
Website: blacktopiq.com