Terms of Service

SnowTrack™ is operated by CW Affiliate Investments, LLC.

1. Agreement to these terms

By creating an account or using SnowTrack™ you agree to these terms. If you are agreeing on behalf of a company, you confirm you have the authority to bind that company. If you do not agree, do not use the service.

These terms work together with our Privacy Policy, which explains what data we handle and why.

2. What the service is

SnowTrack™ is a hosted, subscription-based business management platform for snow removal and related property service contractors. It provides customer and property records, route building and optimization, a storm-day operations mode called Storm Mode, service history, photo records, expense tracking, profit and loss reporting, bulk customer email, customer text messaging (SMS), a customer portal, team accounts, email notifications, and invoicing sent from your own connected Square account.

We may add, change or retire features. Where a change removes something you rely on, we will give you reasonable notice. Features described as "coming soon" are not part of what you are buying and are not promised on any date.

3. Your account

• Give us accurate registration information and keep it current.
• Keep your password secret. You are responsible for everything done under your login and under the logins of team members you invite.
• Tell us at claudeweidner2013+Support@gmail.com as soon as you suspect unauthorised access.
• You must be at least 18 and legally able to enter a contract. SnowTrack™ is for business use, not personal use.
• The company owner controls the account, including who has access and whether the account is deleted.

4. Acceptable use

You agree not to:

• Use the service for anything illegal, fraudulent or deceptive.
• Upload data you have no right to hold, or contact people who have asked you not to. When you enter customer records you confirm you are entitled to hold and process them.
• Send unsolicited bulk email through the service. Email only your own customers. Every bulk email carries an unsubscribe link and your business name and postal address, which you must keep current in Settings. When a customer unsubscribes, SnowTrack stops your bulk email to them; do not turn their email back on unless they ask you to.
• Send text messages to anyone who has not opted in through the service, or after they have replied STOP. Text messages must be about the services you provide to that customer.
• Upload malicious code, or attempt to access another company's data, probe our systems, defeat rate limits, or interfere with the service for anyone else.
• Resell, sublicense or white-label the service, or scrape it to build a competing product.
• Upload photos or content that is unlawful, or that you had no right to capture.

We may suspend or terminate an account that breaches this section, without notice where the breach is serious or ongoing.

5. Payment terms

• Trial. New accounts get a free trial including one complete storm event. No card is required and nothing is charged automatically.
• Plans and prices. Plans are billed monthly at the price shown on our pricing page. There are no usage charges or per-storm fees.
• What a plan includes. Each plan includes a set number of user accounts and a set number of customers, listed on the pricing page. Reaching a limit stops you adding more until you upgrade. It never removes or hides anything you already have, and it never stops you running routes, completing stops or sending invoices. Properties per customer and storm events are unlimited on every plan.
• How billing happens. You choose a plan and pay by card through Stripe Checkout. Card details go to Stripe and never reach us. You can change your card, see your invoices, or cancel from the billing portal in Settings, which is also Stripe. If you would rather be invoiced directly, email claudeweidner2013+Support@gmail.com and we will arrange it.
• Late payment. If an invoice goes unpaid we may suspend access after giving you notice and a chance to pay. Your data is not deleted while suspended.
• Price changes. We may change prices, but not retroactively and not without at least 30 days' notice to the email address on your account. If you do not accept a new price you may cancel before it takes effect.
• Refunds. Plans are month-to-month. We do not generally refund a month already begun, but if something went wrong on our side, ask - we would rather fix it than argue.
• Taxes. Prices exclude any applicable sales or use tax, which is your responsibility where it applies.

Nothing in this section relates to the invoices you issue to your own customers. Those are entirely between you and them; we only provide the tooling.

6. Your data

• You own it. Your account data, customer records, service history, photos and financial records remain yours. We claim no ownership.
• Your Square account is yours. Connecting Square authorises us to create invoices on your behalf. It gives us no other access, it does not let us move money, and you can revoke it from Settings at any time. Invoices you issue to your customers are between you and them.
• We host it. You grant us the limited licence needed to store, process, transmit and display your data in order to provide the service - including sending it to the third-party processors named in our Privacy Policy.
• You are responsible for it. Accuracy, legality and the right to hold it are yours. If one of your customers asks you to correct or delete their record, that is your obligation to meet; the app gives you the tools.
• Export. You can export your data from the app while your account is active. Ask us if you need a fuller export.

7. Service availability

We work to keep SnowTrack™ available and fast, and we know a storm day is the worst possible time for an outage. But the service is provided on a best-effort basis with no uptime guarantee. There is no service level agreement on Basic, Pro or Premium plans. Enterprise customers can agree specific availability and support commitments with us in writing; absent such a written agreement, this section applies.

We may take the service down for maintenance, and will try to schedule it outside storm conditions and to warn you first. We are not responsible for outages caused by things outside our control, including failures at Railway, Netlify, Stripe, Square, SendGrid, Cloudinary, Google Maps or the National Weather Service, or by your own internet or device.

Do not rely on the app as your only record of a storm. Keep whatever independent notes your business needs.

8. Third-party services

SnowTrack™ integrates with Stripe for your subscription payments, with Square for the invoices you send your own customers, and with SendGrid, Cloudinary, Google Maps Platform, OpenStreetMap and the National Weather Service. Your use of those services through SnowTrack™ is also subject to their terms. We are not responsible for their acts, omissions, pricing, outages or data practices, and weather data in particular is supplied by third parties and may be wrong or late.

9. Text messaging

Text messages are delivered through Twilio. Message frequency varies and message and data rates may apply to the recipient. Recipients can reply STOP to opt out and HELP for help at any time. You are responsible for obtaining and keeping consent from your own customers; the service records the consent it captures but you remain the sender of record.

10. Warranty disclaimer

The service is provided "as is" and "as available", without warranties of any kind, whether express or implied, including any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the service will be uninterrupted or error-free, that route optimization will produce an optimal route, or that weather data will be accurate.

11. Limitation of liability

To the fullest extent permitted by law, neither SnowTrack™ nor anyone working with us is liable for indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost revenue, lost business, lost data, or the cost of substitute services, however caused and on any theory of liability.

Our total aggregate liability arising out of or relating to the service is limited to the amount you actually paid us in the twelve months before the event giving rise to the claim. If you have paid us nothing, our total liability is limited to one hundred United States dollars (USD 100).

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain damages. Where that applies to you, the exclusions and limits above apply only to the extent permitted, and nothing here limits liability for fraud, gross negligence or anything else that cannot lawfully be limited.

12. Indemnity

You agree to indemnify and hold us harmless from claims, damages and reasonable costs arising out of your use of the service in breach of these terms, your data or content, or a dispute between you and one of your own customers.

13. Termination

• By you. Cancel at any time by emailing claudeweidner2013+Support@gmail.com. There is no cancellation fee and no notice period. A company owner can also delete the account outright from Settings → Delete Account, or request deletion without logging in from the account deletion request page.
• By us. We may terminate or suspend your account for a breach of these terms, for non-payment after notice, or if we stop offering the service. Except where the breach is serious, we will give you reasonable notice first.
• Data after termination. Unless you asked us to delete it immediately, your data remains available for export for 30 days after termination. After that it is deleted from the live database, and rolls out of encrypted backups within a further 30 days.
• Deletion you initiate is immediate. Deleting your account from Settings removes your company, users, customers, properties, routes, services, invoices and expenses straight away. It cannot be undone and there is no 30-day export window. Export first if you want a copy.

14. Changes to these terms

We may update these terms. For a material change we will email the address on your account at least 30 days before it takes effect, and update the date at the top of this page. Continuing to use the service after that date means you accept the new terms; if you do not, cancel before it takes effect.

15. Governing law

These terms are governed by the laws of the State of Wisconsin, United States, without regard to its conflict of law rules. Any dispute arising out of or relating to these terms or the service will be brought exclusively in the state or federal courts located in Wisconsin, and you and we each consent to the jurisdiction of those courts.

16. General

• If any provision of these terms is held unenforceable, the rest remains in force.
• Our failure to enforce a provision is not a waiver of it.
• You may not assign these terms without our consent. We may assign them in connection with a merger, acquisition or sale of the business.
• These terms, together with the Privacy Policy, are the entire agreement between us, except where we have signed a separate written agreement with you - in which case that agreement controls where it conflicts.
• Nothing here creates a partnership, joint venture, employment or agency relationship.

17. Contact

Questions about these terms go to claudeweidner2013+Support@gmail.com.