1. Acceptance of Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you ("you" or "your") and Patch Solutions LLC, a Delaware limited liability company ("Patch Solutions," "we," "us," or "our"), governing your access to and use of PatchCMD and all related services (collectively, the "Service").
By creating an account or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service. We may update these Terms from time to time; continued use after changes are posted constitutes acceptance of the revised Terms.
2. Account Terms
- You must be at least 13 years old to use the Service. If you are under 18, you must have parental or guardian consent.
- You must provide accurate, complete, and current information during registration.
- You are responsible for maintaining the security of your account credentials. You are solely responsible for activity that occurs under your account.
- You must notify us immediately at support@pillarapps.com if you suspect unauthorized access to your account.
- One person or entity may not maintain more than one account.
3. Acceptable Use
You agree not to use the Service to:
- Violate any applicable local, state, national, or international law or regulation.
- Infringe on the intellectual property rights of others.
- Upload or transmit viruses, malware, or any other malicious code.
- Attempt to gain unauthorized access to the Service, other accounts, or any connected systems or networks.
- Interfere with or disrupt the integrity or performance of the Service.
- Use the Service to send unsolicited communications (spam).
- Scrape, crawl, or use automated means to access the Service without our prior written consent.
- Reverse engineer, decompile, or disassemble any aspect of the Service.
- Misuse hardware or IoT integrations in a manner that could cause physical harm or property damage.
We reserve the right to suspend or terminate your account for violations of this section, at our sole discretion and without prior notice.
4. Payment Terms
Certain features of PatchCMD require a paid subscription or one-time purchase. All payments are processed securely through a third-party payment processor.
- Billing - subscription fees are billed in advance on a recurring basis (monthly or annually, as selected). One-time purchases are charged at the time of transaction.
- Free trials - if a free trial is offered, you will not be charged until the trial ends. You may cancel before the trial expires to avoid charges.
- Automatic renewal - subscriptions automatically renew unless you cancel before the end of the current billing period.
- Price changes - we may change prices with 30 days' advance notice. Continued use after a price change constitutes acceptance.
- Refunds - refund requests are evaluated on a case-by-case basis. Contact support@pillarapps.com within 14 days of a charge to request a refund.
- Taxes - you are responsible for any applicable taxes. Prices displayed may not include taxes, which will be calculated at checkout.
5. Intellectual Property
5.1 Our Intellectual Property
Your content and data remain yours. The PatchCMD name, logo and branding belong to Patch Solutions LLC. The software that runs the Service, including its code, design, features and functionality, is owned by Pillar Apps, LLC and licensed to Patch Solutions LLC to provide the Service. The Service is protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the Service without our prior written consent.
5.2 Your Content
You retain ownership of all content you create, upload, or submit through the Service ("Your Content"). By submitting Your Content, you grant us a limited, non-exclusive, worldwide, royalty-free license to use, store, process, and display Your Content solely for the purpose of operating and providing the Service to you.
5.3 Feedback
If you provide feedback, suggestions, or ideas about the Service, you grant us an unrestricted, irrevocable, perpetual license to use that feedback for any purpose without compensation to you.
6. Service Availability & Modifications
- We strive to maintain high availability but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control.
- We reserve the right to modify, suspend, or discontinue any feature of the Service at any time, with or without notice.
- We are not liable to you or any third party for any modification, suspension, or discontinuation of the Service.
7. Third-Party Services
The Service relies on third-party service providers, including for hosting, payment processing, email delivery, error monitoring, network security and mapping. Your use of features provided through these services may be subject to the respective third party's terms of service and privacy policies. We are not responsible for the availability, accuracy, or practices of any third-party service.
8. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE RESULTS OBTAINED FROM USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PILLAR APPS, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY.
OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100 USD).
10. Indemnification
You agree to indemnify, defend, and hold harmless Patch Solutions LLC and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any third-party rights; or (d) Your Content.
11. Termination
- By you - you may terminate your account at any time by deleting it through your account settings or by contacting us. Termination does not entitle you to a refund for the current billing period.
- By us - we may suspend or terminate your account at any time, with or without cause and with or without notice, including for violation of these Terms.
- Effect of termination - upon termination, your right to use the Service ceases immediately. We may delete your data within 30 days of termination, except where retention is required by law.
- Survival - sections regarding Intellectual Property, Disclaimer of Warranties, Limitation of Liability, Indemnification, and Governing Law survive termination.
12. Governing Law & Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of Colorado, United States, without regard to its conflict of law provisions.
Any dispute arising from these Terms or the Service shall first be resolved through good-faith negotiation. If the dispute cannot be resolved within 30 days, it shall be submitted to binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, conducted in the State of Colorado.
You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive any right to a jury trial.
13. General Provisions
- Entire agreement - these Terms, together with our Privacy Policy, constitute the entire agreement between you and Patch Solutions regarding the Service.
- Severability - if any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.
- Waiver - our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
- Assignment - you may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations without restriction.
- Force majeure - we shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, government actions, or internet or infrastructure failures.
14. Contact Us
If you have questions about these Terms, contact us:
Patch Solutions LLC
A Delaware limited liability company, operating in Colorado, United States
Email: support@pillarapps.com
Web: app.patchcmd.com