Terms of Service

1. Acceptance of Terms

By creating an account, signing an order form, clicking a button indicating acceptance, or otherwise accessing or using the Service, you agree to be bound by these Terms. If you are entering into these Terms on behalf of an organization, you represent that you have authority to do so, and the term “you” refers to that organization. If you do not agree, do not use the Service.

These Terms incorporate by reference our Privacy Policy. Some features of the Service may also be subject to additional terms presented to you when you enable or use them.

1.1 Defined terms

• Service means the Ludicroweb platform and any related applications, dashboards, mobile apps, APIs, and content provided by Byteshift.
• Subscriber means the business or individual that has subscribed to the Service under these Terms.
• Subscriber Users means the employees, contractors, or other individuals authorized by a Subscriber to access the Service.
• End User means a customer of the Subscriber whose information is processed in the Service or who interacts with the customer portal.
• Subscriber Data means information about the Subscriber and its Subscriber Users that is uploaded to or generated through the Service.
• End User Data means information about End Users that the Subscriber or its Subscriber Users upload to or generate within the Service.
• Subscription means the right to access the Service for a defined term in exchange for the agreed fees.

2. The Service

Ludicroweb is a software-as-a-service platform that helps pest control and home services businesses manage scheduling, dispatch, customer communication, payments, and field operations. We grant you a non-exclusive, non-transferable, non-sublicensable right to access and use the Service during your Subscription, subject to these Terms.

The Service evolves. We may add, change, or remove features, and we may make improvements, bug fixes, and other modifications. We will use reasonable efforts not to materially degrade the core functionality you rely on during a paid Subscription term, and we will give reasonable notice of significant changes. Beta and early-access features are governed by Section 17.

3. Eligibility

You must be at least 18 years old and able to form a binding contract to use the Service. If you create or use an account on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms. The Service is offered for business use, not for personal or household use.

4. Account Registration and Security

You agree to provide accurate, current, and complete information when you register for the Service and to keep that information up to date. You are responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your account. Choose strong, unique passwords. Do not share credentials. Notify us immediately at privacy@ludicro.app if you believe a credential has been lost or compromised, or if you notice unauthorized activity.

You are responsible for the actions of your Subscriber Users and for ensuring that they use the Service in compliance with these Terms. If a Subscriber User leaves your organization, it is your responsibility to disable or remove their access.

5. Subscriptions, Billing, and Cancellation

Pricing. Fees for your Subscription are as agreed in your order form, plan selection, or other written or click-through arrangement with Byteshift. Unless otherwise stated, all fees are in U.S. dollars and exclude applicable taxes, which you are responsible for paying.

Automatic renewal. Subscriptions renew automatically at the end of each term for another term of the same length, at the then-current rates, unless either party cancels before the renewal date. We will tell you about any rate increase before it applies, and you will have a chance to cancel before the new rate takes effect.

Payment. Subscription fees are processed by Stripe. You authorize us and Stripe to charge your payment method on file for all fees and applicable taxes. If a payment fails, we may suspend the Service after reasonable notice and may charge late fees or interest to the maximum extent permitted by law.

Refunds. Except where required by law, fees are non-refundable, and we do not provide refunds or credits for partial Subscription periods, downgrades, or unused features.

Cancellation. You may cancel your Subscription at any time from the admin dashboard or by contacting us. Cancellation takes effect at the end of the then-current term. After cancellation, you remain responsible for any fees accrued before cancellation.

6. Stripe Connect for End User Payments

When you enable payment acceptance for End Users through the Service, payments are processed by Stripe under the Stripe Connect model. Byteshift is not a bank, money transmitter, or merchant of record for End User transactions. To accept End User payments, you must:

• Create and maintain a Stripe Connected Account and accept Stripe’s Connected Account Agreement and other applicable Stripe terms.
• Comply with Stripe’s requirements regarding identity verification, prohibited businesses, and acceptable transaction types.
• Take responsibility for chargebacks, disputes, refunds, and any reserves Stripe may impose on your account.

Byteshift may charge a platform fee in addition to Stripe’s processing fees, as disclosed in your order form or pricing page. We are not responsible for delays, holds, or actions taken by Stripe with respect to your Connected Account.

7. Acceptable Use

You and your Subscriber Users agree not to:

• Use the Service in violation of any applicable law or regulation, including laws governing privacy, consumer protection, telemarketing, and electronic communications.
• Use the Service to send unsolicited messages, spam, or any communication that violates the Telephone Consumer Protection Act, the CAN-SPAM Act, the Telemarketing Sales Rule, or any state-law equivalent. You must obtain proper, demonstrable consent from End Users before sending SMS or other electronic messages through the Service, and you must honor opt-out requests promptly.
• Attempt to gain unauthorized access to any part of the Service, other accounts, or any related systems or networks.
• Probe, scan, or test the vulnerability of the Service except under a written authorization from us, or interfere with the Service’s availability or performance.
• Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Service, except where this restriction is prohibited by applicable law.
• Scrape, crawl, or harvest data from the Service, or use any automated means to access the Service for purposes other than a Subscriber’s legitimate use.
• Resell, sublicense, or otherwise commercially exploit the Service or make it available to third parties, except that you may use the Service to deliver services to your own End Users.
• Upload viruses, malware, or any other harmful code, or use the Service to transmit content that is unlawful, infringing, defamatory, harassing, or harmful.
• Use the Service to store or process protected health information subject to HIPAA, payment card data outside Stripe, or other categories of regulated data we have not expressly agreed to support.

We may suspend or terminate access if we reasonably believe you are violating this section. For severe or repeated violations we may act immediately.

8. Subscriber Data and End User Data

Ownership. As between the parties, you own and retain all rights in Subscriber Data and End User Data. We do not claim ownership of your data.

License to operate the Service. You grant Byteshift a worldwide, non-exclusive, royalty-free license to host, store, copy, transmit, display, modify, and otherwise process Subscriber Data and End User Data solely as needed to operate, maintain, secure, and improve the Service for you, to comply with law, and as otherwise permitted by these Terms.

Your representations. You represent and warrant that you have all rights, consents, and lawful bases necessary to upload Subscriber Data and End User Data to the Service and to allow Byteshift to process it as described in these Terms and in our Privacy Policy. You are responsible for the accuracy of your data and for obtaining the consents required for SMS, email, and other communications you send through the Service.

Roles under privacy law. With respect to End User Data, the Subscriber is the data controller and Byteshift is the data processor (or equivalent under applicable law). Byteshift will process End User Data in accordance with documented Subscriber instructions, except as required by law. With respect to Subscriber Data about Subscriber Users, Byteshift acts as a data controller for the limited purpose of providing the Service.

Aggregated and de-identified data. Byteshift may use aggregated and de-identified data derived from Subscriber Data and End User Data for any lawful purpose, including improving the Service and producing benchmarks, provided the data does not identify any individual or your business.

Export and deletion. See Section 14 for the data-export and deletion timeline that applies on termination.

9. Intellectual Property

The Service, including all software, designs, text, graphics, logos, and the Ludicroweb and Byteshift Studios brands, is owned by Byteshift or its licensors and is protected by intellectual property laws. We grant you a non-exclusive, non-transferable, revocable license to use the Service during your Subscription term, solely as permitted by these Terms.

Feedback. If you send us feedback, suggestions, or ideas about the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use them for any purpose, without obligation or compensation.

10. Confidentiality

Each party may disclose information that is confidential or that should reasonably be understood as confidential given its nature and the circumstances of disclosure (“Confidential Information”). The receiving party will use Confidential Information only to perform under these Terms and will protect it with the same care it uses for its own confidential information of similar importance, and in any case with at least reasonable care. These obligations do not apply to information that is public through no fault of the receiver, was rightfully known before disclosure, was independently developed, or must be disclosed under law (with reasonable notice if permitted).

11. Disclaimers

The Service is provided “AS IS” and “AS AVAILABLE” without warranties of any kind, whether express, implied, or statutory. To the maximum extent permitted by applicable law, Byteshift disclaims all warranties, including the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranty arising from course of dealing or usage of trade. Byteshift does not warrant that the Service will be uninterrupted, error-free, secure, or free of viruses or other harmful components, or that defects will be corrected. You use the Service at your own risk.

We do not provide legal, tax, accounting, or regulatory advice through the Service. You are responsible for using the Service in a manner that is appropriate for your business and complies with applicable law.

12. Limitation of Liability

To the maximum extent permitted by applicable law, in no event will Byteshift, its affiliates, or its and their officers, directors, employees, or agents be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, revenue, goodwill, data, or business opportunities, arising out of or relating to these Terms or the Service, whether based on contract, tort, strict liability, statute, or any other legal theory, even if Byteshift has been advised of the possibility of such damages.

In all events, Byteshift’s aggregate liability arising out of or relating to these Terms or the Service will not exceed the greater of (a) one hundred U.S. dollars (US $100) or (b) the fees you paid to Byteshift for the Service in the twelve months immediately preceding the event giving rise to the claim. The foregoing limitations apply to the fullest extent permitted by law and apply even if a remedy fails of its essential purpose.

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

13. Indemnification

You will indemnify, defend, and hold harmless Byteshift, its affiliates, and its and their officers, directors, employees, and agents from and against any third-party claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) Subscriber Data or End User Data, including any claim that it violates the rights of a third party or applicable law; (b) your or your Subscriber Users’ use of the Service in violation of these Terms or applicable law; (c) any communication, including SMS or email, sent through the Service to End Users without proper consent; or (d) the services you provide to your End Users.

We will give you prompt notice of the claim, reasonable cooperation, and the right to control the defense and settlement, provided you do not settle a claim that imposes any obligation or admission on us without our prior written consent.

14. Termination

Termination by you. You may terminate your Subscription for convenience by cancelling, effective at the end of the then-current term.

Termination by us. We may suspend or terminate your access to the Service for material breach if you fail to cure the breach within 15 days after written notice (or immediately, in the case of an Acceptable Use violation, a security risk, or non-payment after notice). We may also terminate the Service in whole or in part for convenience at the end of your then-current term, by giving you at least 30 days’ notice.

Effect of termination. On termination, your right to access the Service ends, and we will stop processing Subscriber Data and End User Data except as needed to provide the export window described below or as required by law. For 30 days after termination, you may request an export of Subscriber Data and End User Data in a commonly used format. After that 30-day window, we will delete Subscriber Data and End User Data from active systems and remove it from routine backups within an additional 60 days, except for records we are required to retain by law (such as billing and tax records). Sections of these Terms that by their nature should survive termination will survive, including Sections 8 (Data), 9 (IP), 10 (Confidentiality), 11 (Disclaimers), 12 (Limitation of Liability), 13 (Indemnification), 16 (Governing Law), and 19 (Miscellaneous).

15. Modifications to the Service or These Terms

We may modify the Service from time to time as described in Section 2. We may also modify these Terms by posting an updated version with a new “Last updated” date. For material changes, we will give you reasonable advance notice by email or in-app notice before the change takes effect. Your continued use of the Service after the effective date of an update means you accept the updated Terms. If you do not accept a material change, your remedy is to cancel your Subscription before the change takes effect.

16. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Utah, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Informal resolution first. Before filing a formal claim, you and Byteshift agree to try to resolve the dispute informally by writing to privacy@ludicro.app with a description of the dispute and the relief sought. The parties will negotiate in good faith for at least 30 days before initiating formal proceedings.

Courts. Subject to the optional arbitration provision below, the state and federal courts located in Salt Lake County, Utah will have exclusive jurisdiction over any dispute that is not resolved informally, and the parties consent to the personal jurisdiction of those courts and waive any objection to venue.

Optional arbitration. The parties may, by mutual written agreement, submit any dispute to binding arbitration administered by a neutral arbitrator under the rules of the American Arbitration Association. Arbitration is not required by these Terms; it is available if both parties prefer it. To the extent permitted by law, the parties waive any right to a jury trial and any right to bring or participate in a class action.

17. Beta and Early-Access Features

From time to time we may make beta, preview, alpha, or early-access features (“Beta Features”) available. Beta Features are provided “AS IS,” may be unstable, may change or be removed at any time, and may be subject to additional terms presented when you enable them. We make no warranties about Beta Features and may discontinue them without liability. Do not rely on a Beta Feature for production-critical workflows.

18. Force Majeure

Neither party will be liable for failure or delay in performance to the extent caused by events beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, government action, labor disputes, internet or telecommunications failures, denial-of-service attacks, pandemics, or supplier failures. The affected party will use reasonable efforts to mitigate the impact and resume performance.

19. Miscellaneous

• Entire agreement. These Terms, together with the Privacy Policy and any order form or feature-specific terms expressly incorporated, are the entire agreement between you and Byteshift regarding the Service and supersede all prior or contemporaneous agreements on the subject.
• Severability. If any provision is held unenforceable, the remaining provisions will remain in effect, and the unenforceable provision will be modified to the minimum extent needed to make it enforceable.
• No waiver. A failure or delay in enforcing any right is not a waiver of that right.
• Assignment. You may not assign these Terms without our prior written consent, except to a successor in connection with a merger, acquisition, or sale of substantially all of your assets, provided the successor is not a competitor and assumes your obligations. We may assign these Terms without restriction. Any assignment in violation of this section is void.
• Independent contractors. The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship.
• Electronic communications. You consent to receive notices and other communications from us electronically, including by email and through the Service.
• Notices. Notices to Byteshift must be sent to privacy@ludicro.app with a copy by mail to the address in Section 20. Notices to you may be sent to the email or address on file for your account.
• Headings. Section headings are for convenience only and do not affect interpretation.
• U.S. government users. The Service is “commercial computer software” provided with only those rights set forth in these Terms.

20. Contact

If you have a question about these Terms, you can reach us at:

Byteshift Studios
8933 S Cobblegate Dr, Unit 207
Sandy, Utah 84094
United States
privacy@ludicro.app

We’re a small company. If you have questions about anything in this document, email privacy@ludicro.app and a real person will respond.