Terms of Service

These Terms of Service (“Terms”) are a binding agreement between you and Managolio LLC, a Virginia limited liability company (“Managolio,” “we,” “us,” or “our”), and govern your access to and use of our website at managolio.com and our software, applications, and related services (collectively, the “Service”). By creating an account, starting a trial, or using the Service, you agree to these Terms. If you are using the Service on behalf of a business, you represent that you are authorized to bind that business to these Terms.

Managolio provides software that helps contractors and small contracting businesses manage leads, estimates and pricing, scheduling, projects, a customer portal, invoicing, and payments. We may update, improve, or change features of the Service over time.

• You must be at least 18 years old and able to form a binding contract.
• You agree to provide accurate account information and keep it up to date.
• You are responsible for safeguarding your login credentials and for all activity under your account.
• You are responsible for the team members and other users you invite, and for their compliance with these Terms.
• Notify us promptly at support@managolio.com if you suspect unauthorized use of your account.

We may offer a free trial of the Service for a limited period (for example, 30 days). At the end of the trial, you may choose a paid subscription to continue using the Service. We may modify or discontinue trials at any time. Data you add during a trial may be deleted if you do not subscribe within a reasonable period after the trial ends.

• The Service is offered on a subscription basis. Current plans and pricing are described on our pricing page and may change.
• Unless otherwise stated, subscriptions renew automatically each billing period until cancelled.
• You authorize us and our payment processor to charge your payment method for the applicable fees, including recurring charges, on each renewal.
• Fees are exclusive of taxes; you are responsible for any applicable taxes.
• Except where required by law, fees are non-refundable, including for partial billing periods.
• We may change pricing; we will give you advance notice, and changes apply to the next billing period after the notice.

You may cancel your subscription at any time; cancellation takes effect at the end of your current billing period, and you keep access until then. We may suspend or terminate your access if you breach these Terms, fail to pay fees when due, or use the Service in a way that may cause harm or legal exposure. Upon termination, your right to use the Service ends. The records export stays available to you afterwards, including throughout the 30-day window after you close your account; photos and documents can no longer be downloaded from the Service once access ends, so retrieve them beforehand or contact us and we will help.

You retain all rights to the data and content you and your users submit to the Service (“Customer Data”). You grant Managolio a limited, non-exclusive license to host, process, and use Customer Data solely to provide, secure, and improve the Service, and as otherwise described in our Privacy Policy.

You are responsible for your Customer Data and for ensuring you have the rights and consents needed to collect it and share it with us, including any personal information about your own customers. You can take your Customer Data out of the Service: your records (customers, leads, estimates, projects, invoices, payments, and field records) export as spreadsheet (CSV) files, and uploaded files such as photos and documents download from the pages they appear on. Uploaded files are listed in the records export by name and by the record they belong to, but the files themselves are not contained in it. If you close your account it can be restored for 30 days; after that we permanently delete Customer Data from our active systems, except where retention is required by law. See our Privacy Policy for details.

Customer Data often contains personal information about your own customers. For that information you are the controller and Managolio is the processor: you decide why and how it is collected and used, and we handle it on your behalf to provide the Service. This section forms the written processing agreement that privacy laws in several states require between a controller and a processor, and it applies for as long as we process Customer Data for you.

• Instructions: we process Customer Data only to provide, secure, support, and improve the Service for you, as described in our Privacy Policy, and as otherwise instructed by you through your use of the Service or required by law.
• Confidentiality: personnel with access to Customer Data are bound by confidentiality obligations.
• Security: we maintain administrative, technical, and physical safeguards designed to protect Customer Data, as described in our Privacy Policy.
• Subprocessors: we use service providers to help operate the Service. We require them to protect Customer Data on terms consistent with this section, and we remain responsible for their performance. Current categories are listed in our Privacy Policy.
• Assistance: taking into account the nature of the processing and the information available to us, we will provide reasonable assistance with your obligations to respond to individuals exercising privacy rights, to secure Customer Data, and to notify others of a security incident.
• Security incidents: we will notify you without undue delay after becoming aware of a security incident affecting your Customer Data. Deciding whether the incident requires notice to any individual or regulator, and giving that notice, is your responsibility as the controller.
• Deletion and return: you can export Customer Data at any time while your account is active. After termination we delete Customer Data as described in our Privacy Policy, except where retention is required by law.
• Demonstrating compliance: on reasonable written request, no more than once a year, we will make available information reasonably necessary to demonstrate our compliance with this section.

Requests from individuals. If one of your customers contacts us directly about their personal information, we will refer them to you. You are responsible for responding to them and for meeting any deadline that applies, and we will assist you as your processor.

We do not sell Customer Data, share it for cross-context behavioral advertising, use it to build or improve products for anyone other than you, or combine it with data from other sources, except as permitted by applicable privacy law.

Managolio provides software. We are not a contractor, and we are not a party to any agreement between you and your customers. We do not perform, supervise, inspect, price, or warrant your work; we do not decide what you charge or when you charge it; and we do not hold, transfer, or disburse money that passes between you and your customers. We are not a law firm, accounting firm, insurer, or licensed professional in any trade.

Every document, message, estimate, contract, invoice, and payment request produced through the Service is your document, sent on your behalf, in your name, to your customer. You decide what it says and whether to send it. Email is delivered through Managolio’s infrastructure, so it leaves from a Managolio sending address while carrying your business name, logo, and content, with replies directed to the contact email you set in your settings.

Contracting is regulated, and the rules differ by state, county, and city (including which state’s rules apply, which often depends on where the job site is rather than where your business is located). You are solely responsible for knowing and following the requirements that apply to you and to each job. That responsibility is yours whether or not the Service has a feature for it, and whether or not the Service’s default settings happen to align with it.

What you represent to us

You represent and warrant, each day you use the Service, that you hold and will maintain every license, registration, certification, bond, and insurance policy required for the work you perform and for the places you perform it; that none of them is suspended, revoked, expired, or subject to a pending action; and that you are otherwise permitted to carry on your business. You agree to tell us promptly if any of that stops being true. If it does, we may suspend or terminate your account under “Cancellation and termination” above.

Licensing, registration, and required disclosures

• Holding and maintaining the licenses, registrations, bonds, and insurance your work requires, and displaying license or registration numbers where required;
• The content, format, typography, and delivery of your contracts, proposals, change orders, and invoices, including any notices a jurisdiction requires them to contain;
• Providing any pre-contract disclosures, cancellation or rescission notices, and consumer-rights information your jurisdiction requires, in the form and within the time it requires;
• Permits, inspections, and building-code compliance; and
• Mechanics lien and preliminary-notice requirements, including every applicable deadline.

Deposits, payment schedules, and pricing

You set the amounts you charge and the schedule on which you charge them. A number of states limit the deposit or advance payment a contractor may collect on residential work, restrict collecting ahead of value delivered, or require advance payments to be held in escrow. Those limits, and any exceptions to them, are your responsibility to determine and apply. Any percentage, schedule, or amount the Service supplies by default or as a starting point is a convenience only and is not a representation that it is lawful in your jurisdiction or for a particular job.

Documents and electronic signatures

The Service can generate documents and record electronic signatures, including a signer’s name, timestamp, network address, and the consent text displayed at signing. You are responsible for determining whether a document produced through the Service satisfies the requirements that apply to you, whether an electronic signature is permitted and sufficient for that document in your jurisdiction, and whether any additional consent, delivery, copy, or paper-signature requirement applies. You are also responsible for retaining your own records for as long as your legal and contractual obligations require, which may be far longer than we retain them.

Messages you send to your customers

When you use the Service to email or notify your customers, you are the sender. You are responsible for having any consent required and for complying with the laws that govern commercial and transactional messages, which vary by state and by the recipient’s location. You control which automated customer emails go out: appointment reminders, proposal notices, welcome messages, review requests, and past-due reminders can each be switched on or off for your account in Settings. To stop email reaching one particular customer, remove or change the email address on their contact record.

Taxes

You are responsible for determining, collecting, reporting, and remitting all taxes arising from your work, including sales and use tax on labor and materials, which is treated very differently from state to state. The Service does not calculate, collect, file, or remit those taxes on your behalf.

Your customers and your workers

Your relationship with your customers, employees, and subcontractors is yours alone. We are not responsible for disputes between you and any of them, for the quality or timeliness of your work, or for any obligation you owe them.

The Service, and everything in it, is provided for your convenience and is not legal, tax, accounting, insurance, or other professional advice. That includes default settings, templates, sample and suggested text, warranty language, payment schedules, checklists, informational notes, and anything we publish or send you about legal or regulatory requirements.

Default and suggested values exist so a new account is usable on day one. They are starting points, not recommendations, and we make no representation that any of them complies with the law of any jurisdiction or is appropriate for a particular job or customer. You are responsible for reviewing and changing them before you rely on them, and for having your own attorney or accountant review anything that matters. Any informational note the Service displays about a legal requirement is general, may be incomplete or out of date, and is not a determination that a requirement does or does not apply to you.

You agree not to:

• Use the Service in violation of any law or regulation;
• Upload or transmit malware, or attempt to disrupt or compromise the Service;
• Attempt to gain unauthorized access to the Service or to other users’ data;
• Reverse engineer, copy, or resell the Service except as permitted by law;
• Use the Service to send unlawful, harassing, deceptive, or infringing content; or
• Use the Service in a way that overburdens or interferes with its normal operation.

The Service, including its software, design, and the Managolio name and logo, is owned by Managolio and protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable right to use the Service in accordance with these Terms, and no other rights. If you provide feedback or suggestions, you grant us the right to use them without restriction or obligation to you.

The Service may integrate with or rely on third-party services, such as payment processing (for example, Stripe), accounting tools (for example, Intuit QuickBooks Online), hosting, and email delivery. Your use of those services may be subject to their own terms and privacy policies, and we are not responsible for third-party services we do not control.

Connecting your accounts. The Service lets you connect your own third-party accounts, for example, your Stripe account so your customers can pay you by card, or your QuickBooks Online account so your invoices, payments, and refunds sync to your books. When you connect an account, you authorize Managolio to access and use it as needed to provide the features you enable, and you represent that you are permitted to grant that access. Your use of QuickBooks Online remains subject to your separate agreement with Intuit. You can disconnect a connected account at any time in your settings. Customer payments settle directly to you through the applicable provider; Managolio does not hold or transfer those funds.

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, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT IT WILL MEET YOUR REQUIREMENTS.

WITHOUT LIMITING THE ABOVE, WE DO NOT WARRANT THAT THE SERVICE, ITS DEFAULT SETTINGS, ITS TEMPLATES, ITS GENERATED DOCUMENTS, ITS ELECTRONIC-SIGNATURE FEATURES, OR ANY INFORMATION IT DISPLAYS WILL COMPLY WITH, OR HELP YOU COMPLY WITH, ANY LAW, REGULATION, LICENSING REQUIREMENT, OR CONTRACT THAT APPLIES TO YOU OR TO YOUR WORK. DETERMINING WHAT APPLIES TO YOU, AND MEETING IT, IS YOUR RESPONSIBILITY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MANAGOLIO AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, BUSINESS, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, UNDER ANY THEORY OF LIABILITY, EVEN IF WE HAVE BEEN ADVISED THAT SUCH DAMAGES ARE POSSIBLE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY FINE, PENALTY, ASSESSMENT, DISGORGEMENT, RESTITUTION, JUDGMENT, SETTLEMENT, OR LOSS YOU INCUR ARISING FROM YOUR OWN FAILURE TO COMPLY WITH A LAW OR REGULATION GOVERNING YOUR BUSINESS OR YOUR WORK, OR FROM A DISPUTE BETWEEN YOU AND ONE OF YOUR CUSTOMERS, EMPLOYEES, OR SUBCONTRACTORS.

OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE OR THESE TERMS, IN THE AGGREGATE, WILL NOT EXCEED THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE FIRST SUCH CLAIM.

These limitations apply even if a limited remedy fails of its essential purpose, and they reflect an allocation of risk between us that is a fundamental basis of our agreement and of the price of the Service. Some jurisdictions do not allow the exclusion or limitation of certain damages; where that is the case, the exclusions and limitations above apply to the fullest extent permitted, and nothing in these Terms limits liability that cannot lawfully be limited.

You agree to defend, indemnify, and hold harmless Managolio, its affiliates, and their respective members, officers, employees, and agents from and against any third-party claim, demand, proceeding, or investigation, and any resulting damages, liabilities, fines, penalties, settlements, and expenses (including reasonable attorneys’ fees), arising out of or relating to:

• Your Customer Data, or your collection, use, or sharing of it;
• Your use of the Service, including anything you create, send, sign, or collect payment for through it;
• Your work, your contracts with your customers, and any dispute with a customer, employee, or subcontractor;
• Your failure to hold a required license, registration, bond, or insurance, or to meet any contract-content, disclosure, notice, deposit, escrow, lien, permit, or tax requirement that applies to you; and
• Your violation of these Terms or of any law or regulation.

We will notify you of any claim covered by this section, and you will control its defense and settlement, except that you may not agree to any settlement that imposes an obligation on us, or admits fault on our behalf, without our written consent. We may participate in the defense with our own counsel at our expense.

To the fullest extent permitted by law, any claim arising out of or relating to the Service or these Terms must be brought within one (1) year after the claim arises. A claim brought after that period is permanently barred. This does not apply where the applicable law does not permit the limitations period to be shortened.

We may modify the Service or these Terms from time to time. When we make material changes to these Terms, we will update the “Last updated” date and, where appropriate, provide additional notice. Your continued use of the Service after changes take effect means you accept the updated Terms.

These Terms are governed by the laws of the Commonwealth of Virginia, without regard to its conflict-of-laws rules. You agree that the state and federal courts located in Virginia will have exclusive jurisdiction over any dispute not subject to another agreed resolution, and you consent to venue there. Before filing a claim, you agree to first contact us at admin@managolio.com so we can try to resolve it informally.

• These Terms, together with our Privacy Policy, are the entire agreement between you and Managolio regarding the Service, and replace any prior understanding about it.
• These Terms are between you and Managolio only. They create no rights for anyone else (including your customers, employees, and subcontractors), and no one else may enforce them.
• We are independent parties. Nothing here creates a partnership, joint venture, agency, employment, or franchise relationship, and neither of us may bind the other.
• If any provision is found unenforceable, it will be enforced to the greatest extent permitted or, if that is not possible, severed, and the remaining provisions stay in effect.
• Our failure to enforce a provision is not a waiver of it.
• You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.
• We are not liable for delays or failures caused by events beyond our reasonable control.
• Sections that by their nature should survive (including your responsibilities as a contractor, no legal or tax advice, disclaimers, limitation of liability, indemnification, time limit on claims, and governing law) survive termination of your account.