Terms of Service

These Terms of Service ("Terms") govern your access to and use of the websites, applications, and services provided by Pemly ("Pemly," "we," "us," or "our") (the "Service"). By accessing or using the Service, joining the waitlist, or creating an account, you agree to be bound by these Terms. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization, and "you" refers to that organization.

1. Eligibility

You must be at least 18 years old and able to form a binding contract to use the Service. The Service is intended for business use by home-service companies and their teams.

2. The Service

Pemly provides job-based communication software that connects field crews, office staff, and an AI assistant. We may add, change, or remove features over time. We may also set limits on usage or storage, or suspend features, to operate the Service responsibly.

3. Beta services

The Service is currently offered as a beta. Beta features are provided for evaluation and may be incomplete, may change or be discontinued, and may contain bugs or errors. Beta features are provided "as is" without warranties, and availability or performance is not guaranteed. We may contact you for feedback, and any feedback you provide may be used by us without obligation to you.

4. Accounts and security

• You are responsible for the accuracy of the information you provide and for keeping it up to date.
• You are responsible for safeguarding your login credentials and for all activity under your account.
• You must notify us promptly at support@pemly.app of any unauthorized use or security breach.
• Workspace administrators may control access, manage members, and view content within their organization's workspace.

5. Acceptable use

You agree not to, and not to allow others to:

• Use the Service for any unlawful, fraudulent, harmful, or abusive purpose;
• Upload or transmit content that infringes others' rights, is defamatory, harassing, or violates privacy;
• Interfere with, disrupt, or attempt to gain unauthorized access to the Service or its systems;
• Reverse engineer, copy, or create derivative works of the Service except as permitted by law;
• Use the Service to build a competing product, or resell or sublicense it without our permission; or
• Send spam or transmit malware or other harmful code.

We may investigate and take appropriate action, including suspending or terminating accounts, for violations of these Terms.

6. Your content

You and your organization retain ownership of the messages, photos, files, customer information, and other content you submit to the Service ("Customer Content"). You grant Pemly a worldwide, non-exclusive license to host, store, copy, transmit, display, and process Customer Content solely as necessary to provide, secure, and improve the Service and to power features such as the Pemly Assistant.

You are responsible for your Customer Content, including having the necessary rights and permissions to submit it and to share information about your customers within the Service. Our handling of personal information is described in our Privacy Policy.

7. AI features

The Service includes AI-powered features, including the Pemly Assistant, that generate summaries, suggestions, risk flags, and draft messages based on your Customer Content. AI output may be inaccurate, incomplete, or unsuitable for your purpose. You are solely responsible for reviewing and verifying AI-generated content before relying on it or sending it to customers or others. AI features are provided as part of the Service and subject to these Terms.

8. Third-party services

The Service may integrate with or link to third-party products and services. We are not responsible for third-party services, and your use of them is governed by their own terms and privacy policies.

9. Fees and billing

During the beta, the Service or certain features may be offered free of charge. We may introduce paid plans in the future. If you subscribe to a paid plan, you agree to the pricing and billing terms presented at the time of purchase, including applicable taxes. Unless stated otherwise, fees are non-refundable, and we may change pricing on prospective notice.

10. Intellectual property

The Service, including its software, design, logos, and content (excluding Customer Content), is owned by Pemly and protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Service in accordance with these Terms. All rights not expressly granted are reserved.

11. Termination

You may stop using the Service and close your account at any time. We may suspend or terminate your access if you violate these Terms, if required by law, or if we discontinue the Service. Upon termination, your right to use the Service ends. Sections that by their nature should survive termination — including ownership, disclaimers, limitation of liability, and governing law — will survive.

12. Disclaimers

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, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT AI-GENERATED OUTPUT WILL BE ACCURATE OR RELIABLE.

13. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PEMLY AND ITS OFFICERS, EMPLOYEES, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE TWELVE MONTHS BEFORE THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

14. Indemnification

You agree to defend, indemnify, and hold harmless Pemly from and against any claims, damages, liabilities, and expenses (including reasonable legal fees) arising from your Customer Content, your use of the Service, or your violation of these Terms or applicable law.

15. Governing law and disputes

These Terms are governed by the laws of the State of Arizona, United States, without regard to its conflict-of-laws rules. You agree that any dispute arising out of or relating to these Terms or the Service will be subject to the exclusive jurisdiction of the state and federal courts located in Arizona, and you consent to personal jurisdiction there, except where prohibited by applicable law.

16. Changes to these Terms

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

17. Contact us