Terms of ServiceTerms of Service

Last updated [date] · Draft for attorney review

These Terms are an agreement between you and [Cadespace legal entity name] ("Cadespace", "we", "us"), located at [business address]. They apply when you create an account or use Cadespace's website, web app or phone app (the "Service"). If you use Cadespace for a business, you accept these Terms for that business. If you don't agree, don't use the Service.

1. Who can use Cadespace

You must be at least 18 and able to form a binding contract. Cadespace is built for businesses. You're responsible for your account, for keeping your password and two-step sign-in secure, and for everything done under your account.

2. Studios, owners and team members

A studio is a business workspace in Cadespace. Each studio has one Owner, who controls its settings, billing and team. The Owner may invite team members and choose what each one can see and do. The Owner is responsible for their team's use of the Service. A user may belong to more than one studio.

3. Your clients

Your clients (the people you work with) use Cadespace through your client portal, forms and pages without a Cadespace account. You are responsible for your relationship with your clients, including your contracts, prices, services, refunds and any notices or consent the law requires for collecting and using their information. Cadespace is not a party to any agreement between you and your clients.

4. Free trial

New studios get a 7-day free trial with every feature. We'll remind you before it ends. If you don't add a payment method by the end of the trial, your studio becomes read-only until you do. Nothing is deleted when a trial ends. We may limit trials to one per business.

5. Plan, billing and taxes

• The Starter plan costs $39 per month, or $384 per year when billed yearly. Optional storage add-ons are billed monthly: 100 GB for $5, 1 TB for $10 and Unlimited for $20. Prices are in US dollars and exclude taxes, which we add where required.
• Plans and add-ons renew automatically at the end of each billing period until you cancel. You authorize us and our payment processor to charge your payment method on each renewal.
• We'll give you at least 30 days' notice before a price change takes effect. The new price applies from your next renewal after the notice period.
• If a payment fails, we'll try again and let you know. If it still fails, your studio becomes read-only until payment goes through. Nothing is deleted.
• "Unlimited" storage is for your own business's photos and videos. We may contact you about use that's far beyond a typical creative business or that harms the Service for others. [Attorney: confirm fair-use wording.]

6. Refunds

• Monthly plans and add-ons: no refunds for partial months. When you cancel, you keep access until the end of the month you paid for.
• Yearly plans: if you cancel within 14 days of your first yearly charge, we'll refund it in full. After that, yearly charges aren't refunded, and you keep access until the end of the paid year.
• Where the law gives you more rights, those rights apply.

[Owner: confirm this refund policy.]

7. Canceling and your data

You can cancel anytime in Settings › Plan & billing. After you cancel:

• Your studio stays read-only for 90 days so you can view and export everything. After 90 days, your studio's data is permanently deleted, except records we must keep by law (such as billing and tax records).
• Your client galleries stay online for 30 days after cancellation, then go offline.
• Items you delete go to Trash and are permanently deleted after 30 days.

You can export your data at any time from Settings › Data & export.

8. Your content

"Your content" means everything you or your team or clients put into Cadespace: client details, messages, files, contracts, invoices, photos, videos and more. You own your content. You give Cadespace a limited permission to store, copy, display, process and transmit your content only as needed to run, secure and support the Service, and as you direct (for example, showing a gallery to your client or sending an email from your connected mailbox). You confirm you have the rights and any permissions needed for your content, including photos of people.

9. Payments through Stripe

Client payments, payouts, instant deposit, Tap to Pay and tax savings transfers are provided by Stripe. To accept payments you must agree to the Stripe Connected Account Agreement and complete Stripe's verification. Stripe's processing fees apply and are shown in Cadespace. Instant deposit fees are shown before you confirm. Cadespace does not hold your funds. Payment disputes and chargebacks are between you, your client and Stripe, and we'll give you the information we have to help.

Tax savings transfers move the percentage you choose from each payout to the savings account you choose, with a notice and a 24-hour undo. Tax figures, quarterly estimates and sales tax amounts in Cadespace are estimates, not tax advice. Talk to a tax professional about your situation.

10. Electronic signatures

Cadespace lets you and your clients sign documents electronically and records who signed, when, from where and a fingerprint of the exact document. You're responsible for the content of your documents and for whether an electronic signature is appropriate for them. Cadespace does not provide legal advice and is not responsible for the enforceability of your agreements.

11. Cadence, the AI assistant

Cadence drafts messages, captions and suggestions and can answer your clients' questions using only your studio's own files, services and FAQ. Cadence never sends, posts, books or charges on its own, except through automations you turn on, which always notify you. AI output can be wrong: review drafts before you use them. Cadence doesn't give legal, tax or financial advice. We do not use your content to train AI models. [Attorney: confirm against the AI provider's terms.]

12. Connected services

You can connect services such as Google, Microsoft, Instagram, Facebook, Canva and Stripe. Your use of them is governed by their own terms. You authorize Cadespace to access them only as needed for the features you use, and you can disconnect them at any time. We aren't responsible for those services or for changes they make.

13. Acceptable use

You must follow our Acceptable Use Policy. We may suspend or remove content or accounts that break it, and will tell you why unless the law or safety prevents it.

14. Our intellectual property

Cadespace, its software, design, logos and content belong to us or our licensors. We give you a limited, non-exclusive, non-transferable right to use the Service during your subscription under these Terms. Don't copy, resell, reverse engineer or build a competing product from the Service. If you send us feedback, we may use it without obligation to you.

15. Copyright complaints

If you believe content on Cadespace infringes your copyright, send a notice to our designated agent at [copyright agent name, address and email] with the information required by the Digital Millennium Copyright Act. We'll remove infringing content and may close the accounts of repeat infringers.

16. Availability and changes

We work to keep Cadespace available and your data safe, but the Service may sometimes be unavailable for maintenance or reasons outside our control. We may improve or change features. If we remove a major feature you pay for, we'll tell you in advance.

17. Suspension and termination

We may suspend or close an account for serious or repeated breaches of these Terms, non-payment, fraud, or risk to others, and will give notice when we reasonably can. You can stop using the Service at any time. Sections that by their nature should continue (such as ownership, payment owed, disclaimers, liability limits and disputes) survive termination.

18. Disclaimers

The Service is provided "as is" and "as available." To the extent the law allows, we disclaim all implied warranties, including merchantability, fitness for a particular purpose and non-infringement. We don't promise the Service will be error-free or uninterrupted. You're responsible for keeping your own copies of important files, such as original photos.

19. Limitation of liability

To the extent the law allows, Cadespace won't be liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or goodwill. Our total liability for any claim relating to the Service is limited to the amount you paid us in the 12 months before the claim.

20. Indemnity

You'll defend and indemnify Cadespace against claims arising from your content, your services to your clients, or your breach of these Terms or the law.

21. Disputes and governing law

These Terms are governed by the laws of the State of [state], without regard to conflict-of-law rules. Before filing a claim, contact us at [legal email] so we can try to resolve it informally within 30 days. Any dispute will be resolved in the state or federal courts located in [county, state], and both parties consent to their jurisdiction, except that either party may bring a claim in small claims court. [Attorney: consider arbitration and a class action waiver.]

22. Changes to these Terms

We may update these Terms. For material changes, we'll give at least 30 days' notice by email or in the app. Continuing to use Cadespace after the change takes effect means you accept the new Terms.

23. Other terms

These Terms, the Privacy Policy and the Acceptable Use Policy are the whole agreement between you and us about the Service. If a part is found unenforceable, the rest stays in effect. Not enforcing a right isn't a waiver. You may not transfer these Terms without our consent; we may transfer them as part of a merger, acquisition or sale of assets.

24. Contact

[Cadespace legal entity name] · [business address] · [support email]