Savvyprofit Terms of Service
IMPORTANT NOTICE PLEASE READ THESE TERMS CAREFULLY. THESE TERMS CONTAIN IMPORTANT PROVISIONS THAT AFFECT LEGAL RIGHTS. BY ACCESSING, USING, REGISTERING FOR, SUBSCRIBING TO, PURCHASING, OR OTHERWISE USING THE SERVICES, CUSTOMER AGREES TO BE BOUND BY THESE TERMS.
1. ACCEPTANCE OF TERMS
These Terms of Service (“Terms”) govern access to and use of the Services provided by SavvyProfit LLC (“SavvyProfit,” “Company,” “we,” “us,” or “our”). By accessing or using the Services, Customer agrees to be legally bound by these Terms. If Customer does not agree to these Terms, Customer must immediately discontinue use of the Services.
2. ELIGIBILITY AND AUTHORITY
Customer represents and warrants that: - Customer is legally capable of entering into binding contracts - Customer has authority to enter into these Terms - Customer has authority to bind any organization on whose behalf Customer uses the Services - All registration information provided is accurate and complete - Customer will maintain accurate account information SavvyProfit may suspend or terminate accounts that do not meet these requirements.
3. SERVICES
SavvyProfit provides a cloud-based Contractor Operations ERP platform and related services. The Services may include functionality relating to: - Project operations - Project records - Project folders - Workforce operations - Employee records - Supplier records - Subcontractor records - Compliance records - Financial document records - Communications - Workflow automation - Search - Artificial intelligence - OCR processing
4. NO PROFESSIONAL ADVICE
The Services are software tools only. SavvyProfit does not provide: - Legal advice - Accounting advice - Tax advice - Payroll advice - Compliance advice - Safety advice - Insurance advice - Engineering advice - Architectural advice - Financial advice - Employment advice - Regulatory advice Customer remains solely responsible for obtaining professional advice where necessary.
5. ACCOUNTS AND ACCESS
Customer is solely responsible for: - Account administration - User administration - Password security - Credential security - Device security - User permissions - Access management Customer shall immediately notify SavvyProfit of any suspected unauthorized access. SavvyProfit may suspend or terminate accounts when reasonably necessary to protect the Services, infrastructure, customers, users, or third parties.
6. CUSTOMER RESPONSIBILITIES
Customer is solely responsible for: - Business decisions - Project decisions - Workforce decisions - Employment decisions - Hiring decisions - Termination decisions - Payroll decisions - Compliance decisions - Safety decisions - Purchasing decisions - Procurement decisions - Financial decisions - Contract decisions - Regulatory decisions SavvyProfit provides software tools only and does not make decisions on behalf of Customer.
7. CUSTOMER DATA
Customer retains ownership of Customer Data. Customer grants SavvyProfit a non-exclusive, worldwide, royalty-free right to host, store, process, display, transmit, organize, classify, index, search, back up, and otherwise use Customer Data solely as necessary to operate and provide the Services. Customer represents and warrants that Customer owns or controls Customer Data and has all required rights and permissions.
8. USER CONTENT
Customer remains solely responsible for: - Uploaded files - Uploaded documents - Images - Videos - Communications - Contracts - Workforce records - Compliance records - Financial records - Training materials - User-generated content SavvyProfit does not independently verify: - Accuracy - Authenticity - Ownership - Completeness - Legality - Reliability of Customer Data or User Content
9. COMMUNICATIONS
The Services may provide: - Internal communications - External communications - Project communications - Chat functionality - Group communications - Notifications - Alerts - Voice-to-text functionality - Translation functionality Customer acknowledges that communications may contain: - Errors - Omissions - Delays - Translation inaccuracies - Transcription inaccuracies - Misinterpretations SavvyProfit does not guarantee communication accuracy or delivery.
10. AI, OCR, PARSING, SEARCH, TRANSLATION, AND AUTOMATION
The Services may utilize: - Artificial intelligence - Search systems - OCR systems - Parsing systems - Classification systems - Translation systems - Forecasting systems - Automation systems Customer acknowledges that outputs may contain: - Errors - Omissions - Inaccuracies - Hallucinations - Misclassifications - Incorrect recommendations - Incomplete information - Delayed information All outputs require independent human review and verification.
11. WORKFORCE, GPS, VEHICLE, AND FIELD OPERATIONS
The Services may include workforce-related functionality including but not limited to: - Employee records - Subcontractor records - Time tracking - Project time tracking - Drive time tracking - Office time tracking - Remote time tracking - Warehouse time tracking - Shop time tracking - Break tracking - Daily hour tracking - Long-term workforce summaries - Leave requests - Sick notifications - Vehicle assignment records - Daily logs
12. COMPLIANCE DOCUMENTS AND FINANCIAL DOCUMENTS
The Services may process, organize, store, monitor, classify, route, display, and manage Compliance Documents (Licenses, Certifications, Registrations, Insurance certificates, Qualification records, Compliance records) and Financial Documents (Estimates, Proposals, Invoices, Purchase orders, Billing records, Financial records). Expiration monitoring functionality may be provided for certain records. Customer assumes sole responsibility for compliance with all applicable laws and regulations.
13. BILLING AUDIT, CALCULATION, FORECASTING, AND PROCUREMENT FEATURES
The Services may provide: - Billing audit functionality - Smart calculation functionality - Supplier comparison functionality - Cost estimation functionality - Workforce forecasting functionality - Project forecasting functionality - Procurement support functionality - Best price recognition functionality - Supplier matching functionality - Material matching functionality Such functionality is informational only. SavvyProfit does not guarantee the accuracy of any calculation, forecast, or recommendation.
14. FLOW MODULE, ALERTS, NOTIFICATIONS, AND ROUTING
The Services may include: - Flow Module functionality - Alerts - Notifications - Reminders - Escalations - Workflow routing - Event routing - Communication routing Customer acknowledges that: - Alerts may not be generated - may be delayed - incomplete - misrouted - not delivered - contain errors SavvyProfit does not guarantee alert generation, delivery, accuracy, or timeliness.
15. DIGITAL SIGNATURES AND ACKNOWLEDGMENT
The Services may facilitate: - Electronic signatures - Digital acknowledgments - Workforce acknowledgments - Training acknowledgments - Daily log acknowledgments - Service log acknowledgments - Project acknowledgments SavvyProfit provides signature workflow technology only. SavvyProfit does not verify: - Identity - Authority - Intent - Capacity - Authenticity - Enforceability Customer remains solely responsible for determining the legal validity and enforceability of electronic signatures.
16. INTEGRATIONS AND THIRD-PARTY SERVICES
The Services may integrate with: - QuickBooks - Zapier - ZipTax - Merchant of Record providers - Payment processors - Hosting providers - Artificial intelligence providers - Communication providers - Analytics providers - Automation providers SavvyProfit does not control and does not guarantee: - Third-party availability - uptime - security - pricing - performance - accuracy - compliance
17. PRICING, SUBSCRIPTIONS, AND COMMERCIAL TERMS
SavvyProfit may modify at any time: - Pricing - Subscription plans - Seat limits - Packaging - Features - Commercial terms - Promotional offers - Discounts - Incentives Unless expressly agreed in writing, no pricing, promotion, discount, incentive, founder benefit, or commercial offer shall create any permanent entitlement. SavvyProfit reserves the right to modify, replace, restrict, suspend, or discontinue any pricing or commercial terms.
18. FOUNDER MEMBER, BETA, PREVIEW, AND EXPERIMENTAL FEATURES
Certain functionality may be designated as: - Founder Member - Beta - Preview - Pilot - Experimental - Early Access Such functionality may: - Change without notice - Be discontinued without notice - Produce inaccurate or incomplete outputs - Experience interruptions and downtime All such features are provided “AS IS” and “AS AVAILABLE.” Participation in Founder Member, Beta, Preview, Pilot, Experimental, or Early Access programs does not create any entitlement to continued access.
19. SECURITY
SavvyProfit may implement commercially reasonable administrative, technical, organizational, and operational safeguards. Customer acknowledges that no system is completely secure. Risks may include: - Unauthorized access - Credential compromise - Phishing - Malware - Ransomware - Cyberattacks - Infrastructure compromise - Third-party security failures SavvyProfit does not warrant or guarantee absolute security.
20. CUSTOMER BACKUP RESPONSIBILITY
Customer is solely responsible for maintaining independent backups of all business-critical information. Customer shall not rely upon SavvyProfit as its sole: - Backup solution - Disaster recovery solution - Business continuity solution - Archival solution - Record retention solution SavvyProfit backup systems are provided solely for operational purposes.
21. DATA LOSS AND SECURITY INCIDENTS
To the maximum extent permitted by law, SavvyProfit shall not be liable for: - Data loss - Data corruption - Data deletion - Data destruction - Missing records - Backup failures - Recovery failures - Unauthorized access - Credential compromise - Phishing incidents - Malware incidents - Ransomware incidents - Cyberattacks - Third-party security incidents - except to the extent liability cannot legally be excluded
22. SERVICE AVAILABILITY AND NO SLA
The Services are provided on an “AS AVAILABLE” basis. SavvyProfit does not provide any guaranteed: - Uptime - Availability - Response time - Recovery objective - Service level commitment - Service level agreement - unless expressly stated in a separate written agreement executed by SavvyProfit Marketing materials, demonstrations, communications, websites, proposals, presentations, or sales discussions do not constitute binding commitments.
23. FORCE MAJEURE, EXPORT CONTROL, SANCTIONS, AND INTELLECTUAL PROPERTY
SavvyProfit shall not be liable for delays, interruptions, failures, damages, losses, or inability to perform resulting from events beyond its reasonable control, including: - Internet failures - Hosting failures - Infrastructure failures - Utility failures - Telecommunications failures - Cyberattacks - Denial-of-service attacks - Natural disasters - Pandemics - War - Terrorism - Civil unrest - Government actions - other force majeure events
24. DISCLAIMER OF WARRANTIES
To the maximum extent permitted by applicable law, the Services are provided “AS IS,” “AS AVAILABLE,” and “WITH ALL FAULTS.” SavvyProfit expressly disclaims all warranties of every kind, whether express, implied, statutory, or otherwise, including but not limited to: - Merchantability - Fitness for a particular purpose - Non-infringement - Availability - Reliability - Security - Accuracy - Completeness - Compatibility - Performance
25. RELIANCE DISCLAIMER
Customer acknowledges that the Services provide informational, operational, workflow, automation, search, communication, and organizational tools only. Customer shall not rely solely upon: - Alerts - Notifications - Communications - Reports - Forecasts - Search results - AI outputs - OCR outputs - Parsing outputs - Billing audit outputs - Calculations - Recommendations - Routing decisions - Workflow events All outputs require independent verification.
26. NO PROFESSIONAL SERVICES DISCLAIMER
SavvyProfit does not provide: - Legal services - Accounting services - Tax services - Payroll services - Safety consulting - Engineering services - Architectural services - Insurance consulting - Compliance consulting - Regulatory consulting - Employment consulting - Financial advisory services Nothing within the Services constitutes professional advice. Customers should consult qualified professionals where appropriate.
27. BUSINESS CRITICAL USE RESTRICTIONS
The Services are not designed, intended, or warranted for use in: - Medical systems - Life-support systems - Emergency response systems - Aviation systems - Military systems - Nuclear facilities - Critical infrastructure systems or any environment where failure could result in: - Death - Personal injury - Property damage - Environmental damage Customer assumes all risks associated with any such use.
28. LIMITATION OF LIABILITY
To the maximum extent permitted by law, SavvyProfit’s total aggregate liability arising out of or relating to the Services shall not exceed the greater of: (A) One hundred U.S. dollars (US $100.00) or (B) The total fees actually paid by Customer to SavvyProfit during the twelve (12) months immediately preceding the event giving rise to the claim. This limitation applies regardless of legal theory.
29. EXCLUDED DAMAGES
To the maximum extent permitted by law, SavvyProfit shall not be liable for: - Lost profits - Lost revenue - Lost income - Lost savings - Lost opportunities - Lost contracts - Lost customers - Lost goodwill - Business interruption - Downtime losses - Procurement costs - Replacement costs - Workforce costs - Compliance costs - Regulatory penalties - Consequential damages - Indirect damages - Incidental damages - Special damages - Punitive damages
30. CUSTOMER INDEMNIFICATION
Customer agrees to defend, indemnify, and hold harmless SavvyProfit, its affiliates, licensors, officers, directors, employees, contractors, agents, successors, and assigns from and against any and all: - Claims - Demands - Actions - Proceedings - Damages - Losses - Liabilities - Judgments - Settlements - Penalties - Costs - Expenses including reasonable attorneys’ fees, arising out of or relating to: - Customer Data - User Content - Customer’s use of the Services
31. ARBITRATION AGREEMENT
Any dispute, claim, or controversy arising out of or relating to the Services shall be resolved exclusively through final and binding individual arbitration. Arbitration shall be conducted in English. The arbitrator shall have exclusive authority to resolve disputes relating to: - Interpretation - Applicability - Enforceability - Formation of this Arbitration Agreement Each party shall bear its own arbitration costs unless otherwise determined.
32. CLASS ACTION WAIVER
To the maximum extent permitted by law, Customer waives any right to participate in: - Class actions - Class arbitrations - Collective actions - Representative actions - Mass actions All disputes must be brought solely in an individual capacity.
33. JURY TRIAL WAIVER
To the maximum extent permitted by law: Each party knowingly, voluntarily, and irrevocably waives any right to a trial by jury.
34. GOVERNING LAW
These Terms shall be governed exclusively by the laws of the State of Wyoming, without regard to conflict-of-law principles. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.
35. ASSIGNMENT
SavvyProfit may assign, transfer, delegate, subcontract, or otherwise transfer any rights or obligations under these Terms without Customer consent. Customer may not assign or transfer these Terms without prior written consent from SavvyProfit. Any unauthorized assignment shall be void.
36. SURVIVAL
The following provisions shall survive termination or expiration of the Services: - Customer Responsibilities - Customer Data - User Content - Communications - AI/OCR/Parsing/Search and Automation Disclaimers - Compliance Disclaimers - Billing Audit Disclaimers - Security Disclaimers - Warranty Disclaimers - Reliance Disclaimers - Limitation of Liability - Excluded Damages - Indemnification - Arbitration - Class Action Waiver - Jury Trial Waiver - Governing Law
37. CHANGES TO TERMS
SavvyProfit may modify these Terms at any time. Updated Terms shall become effective upon posting or other reasonable notice. Continued access to or use of the Services following the effective date of revised Terms constitutes acceptance of the revised Terms. If Customer does not agree to revised Terms, Customer must discontinue use of the Services.
38. CUSTOMER CONFIGURATION RESPONSIBILITY
Customer is solely responsible for: - User permissions - Role assignments - Notification settings - Workflow settings - Alert settings - Routing settings - Approval settings - Access controls - Retention settings - Operational configurations SavvyProfit does not determine whether Customer’s configuration choices are appropriate, compliant, effective, secure, or sufficient.
39. FLOW MODULE DISCLAIMER
The Flow Module is intended as an operational assistance tool. SavvyProfit does not guarantee: - Event detection - Event generation - Event routing - Event accuracy - Event completeness - Event delivery - Event visibility Customer remains solely responsible for monitoring business operations.
40. NOTIFICATION DEPENDENCY DISCLAIMER
Customer shall not rely solely upon: - Alerts - Notifications - Reminders - Escalations - Flow Module events - Communications - Automated workflows for legal compliance - safety compliance - workforce management - payroll administration - financial management - document management - project management - regulatory obligations
41. PROJECT FOLDER DISCLAIMER
Project folders are organizational tools only. SavvyProfit does not guarantee that: - Documents are correctly classified - routed - associated - complete - current Customer remains solely responsible for project records and project documentation.
42. WORKFORCE RECORD DISCLAIMER
SavvyProfit does not guarantee the accuracy, completeness, legality, reliability, authenticity, or compliance of: - Workforce records - Attendance records - Time records - Leave records - Sick notifications - Training records - Workforce summaries Customer remains solely responsible for workforce administration.
43. PAYROLL DISCLAIMER
SavvyProfit is not a payroll provider. The Services do not replace payroll review, payroll processing, payroll verification, payroll compliance, tax withholding obligations, labor compliance obligations, or employment law obligations. Customer remains solely responsible for payroll decisions and payroll compliance.
44. TRAINING DISCLAIMER
SavvyProfit may facilitate storage, delivery, acknowledgment, or tracking of training materials. SavvyProfit does not certify that any training content satisfies: - OSHA requirements - State requirements - Licensing requirements - Insurance requirements - Union requirements - Regulatory requirements Customer remains solely responsible for training compliance.
45. SAFETY DISCLAIMER
SavvyProfit is not a safety management system. The Services do not guarantee workplace safety, jobsite safety, OSHA compliance, hazard identification, incident prevention, injury prevention, or regulatory compliance. Customer remains solely responsible for all safety programs and safety obligations.
46. REGULATORY CHANGE DISCLAIMER
Laws, regulations, standards, codes, licensing requirements, tax requirements, labor requirements, insurance requirements, and compliance obligations may change at any time. SavvyProfit does not guarantee that the Services reflect current legal or regulatory requirements. Customer remains solely responsible for monitoring legal and regulatory changes.
47. EMAIL PROCESSING DISCLAIMER
The Services may process incoming email communications using automation, OCR, parsing, classification, routing, or artificial intelligence. SavvyProfit does not guarantee that incoming emails will be: - Identified correctly - Classified correctly - Routed correctly - Assigned correctly - Processed correctly Customer remains responsible for verifying all processed communications.
48. OCR CLASSIFICATION DISCLAIMER
OCR, parsing, classification, extraction, and document processing systems may: - Misread information - Omit information - Misclassify information - Create incorrect associations - Create duplicate records SavvyProfit does not guarantee accuracy of any OCR, parsing, extraction, or classification result.
49. SEARCH RESULT DISCLAIMER
Search functionality is intended solely as an informational assistance tool. SavvyProfit does not guarantee: - Search completeness - Search accuracy - Search relevance - Search timeliness Customer remains solely responsible for verifying all search results.
50. AI HALLUCINATION DISCLAIMER
Artificial intelligence systems may produce: - Inaccurate outputs - Incomplete outputs - Misleading outputs - Hallucinated outputs - Incorrect recommendations - Incorrect classifications - Incorrect summaries Customer acknowledges and accepts such risks. Customer remains solely responsible for verifying all AI-generated outputs.
51. MERCHANT OF RECORD DISCLAIMER
SavvyProfit may utilize one or more Merchant of Record providers. Merchant of Record providers may process: - Payments - Subscription charges - Taxes - Invoices - Refunds SavvyProfit does not guarantee the performance, availability, accuracy, security, or compliance of any Merchant of Record provider.
52. QUICKBOOKS DISCLAIMER
QuickBooks integrations are provided solely as a convenience feature. SavvyProfit does not guarantee: - Synchronization accuracy - Data integrity - Data completeness - Availability - Compatibility Customer remains responsible for reviewing all accounting records.
53. ZAPIER DISCLAIMER
Zapier integrations are provided solely as a convenience feature. SavvyProfit does not guarantee: - Workflow execution - Workflow accuracy - Workflow completion - Data transfer accuracy - Data synchronization Customer remains responsible for verifying all automated workflows.
54. ZIPTAX DISCLAIMER
ZipTax integrations are provided solely as a convenience feature. SavvyProfit does not provide tax advice, tax calculations, tax determinations, tax compliance services, or tax consulting. Customer remains solely responsible for all tax obligations.
55. SUBCONTRACTOR ACCESS DISCLAIMER
Subcontractor access may be provided as part of project participation. SavvyProfit does not verify: - Subcontractor identity - Subcontractor qualifications - Subcontractor licensing - Subcontractor compliance - Subcontractor insurance Customer remains solely responsible for subcontractor management.
56. EMPLOYEE AND SUBCONTRACTOR ONBOARDING DISCLAIMER
The Services may facilitate onboarding workflows. SavvyProfit does not verify: - Identity - Qualifications - Certifications - Licensing - Employment eligibility - Legal compliance Customer remains solely responsible for onboarding decisions.
57. CUSTOMER GENERATED DOCUMENTS DISCLAIMER
Customer remains solely responsible for all documents generated, modified, reviewed, approved, transmitted, distributed, or relied upon through the Services, including: - Estimates - Proposals - Invoices - Purchase orders - Contracts - Change orders - Compliance documents - Workforce documents SavvyProfit does not guarantee legal sufficiency, regulatory sufficiency, contractual sufficiency, enforceability, or business adequacy.
58. NO FIDUCIARY RELATIONSHIP; ENTIRE AGREEMENT
Nothing in the Services or these Terms creates: - A fiduciary relationship - An agency relationship - A partnership - A joint venture - An employment relationship - A professional advisory relationship between SavvyProfit and Customer. These Terms, together with any incorporated policies and written agreements executed by SavvyProfit, constitute the entire agreement between the parties and supersede all prior or contemporaneous communications.