Terms of Service

Agreement to these Terms

These Terms of Service (the "Terms") are a binding agreement between you and WebStuff LLC, a Florida limited liability company ("Organizer Buddy," "we," "us" or "our"). They govern your use of the website at organizerbuddy.com, the Organizer Buddy application, Workspaces hosted at *.organizer.biz and connected custom domains, and any related services (together, the "Service").

By creating an account, clicking to accept these Terms, or using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.

If you use the Service on behalf of a company or other organization, you represent that you have authority to bind that organization, and "you" and "Customer" refer to that organization. Enterprise customers may sign a separate order form or agreement; if it conflicts with these Terms, the signed agreement controls.

Definitions

• "Workspace" means an Organizer Buddy environment with its own subdomain and isolated database, in which users create projects and cards.
• "Customer" means the individual or organization that creates a Workspace and is responsible for it. The Customer is represented in the Service by its Owner.
• "Authorized Users" means the owners, admins and members the Customer allows to access its Workspace.
• "Guests" means people the Customer invites to view a specific project with read-only access (a Pro feature).
• "Customer Content" means all data, text, files and other material submitted to a Workspace by the Customer, its Authorized Users or its Guests, including projects, cards, comments, checklists, client directory entries and attachments.
• "Plan" means the subscription level of a Workspace (Free, Pro or Enterprise) and its features and limits as described on our pricing page.

Accounts and Workspaces

Eligibility

You must be at least 16 years old and able to form a binding contract where you live to use the Service. You may not use the Service if you are barred from doing so under applicable law, including US sanctions and export laws.

Your account

You agree to give accurate information, keep it up to date, keep your password confidential and tell us promptly at [email protected] if you suspect unauthorized access. You are responsible for activity that happens under your account.

Workspace responsibility

The Customer is responsible for its Workspace, including: who it invites and what roles and project visibility it assigns; the conduct of its Authorized Users and Guests; and making sure it has any rights, notices and consents needed for the Customer Content it stores, including personal information about its own clients or staff. The Owner can manage members, roles, billing and deletion for the Workspace. If the Owner loses access, we may ask for reasonable proof of authority before transferring ownership.

Subdomains and custom domains

Each Workspace gets a subdomain of organizer.biz. Subdomains are provided for use with the Service and are not transferable. We may refuse or reclaim a subdomain that infringes someone else's rights, impersonates another person or brand, or is misleading. On Pro, you may connect a domain you own or control. You are responsible for your domain registration, DNS settings and the right to use that domain. When a Workspace is deleted or a custom domain is disconnected, the domain will stop pointing to the Service.

Plans, fees and billing

Free plan

The Free plan is available at no charge and with no time limit, subject to the limits shown on our pricing page (currently up to 5 people and 3 projects). We may change Free plan features or limits by giving at least 30 days' notice. Changes will not delete existing Customer Content. Free Workspaces that go unused for a long period may be deleted as described in Section 5.

Paid subscriptions

• Automatic renewal. Pro subscriptions are billed in advance on a monthly or yearly basis and renew automatically for the same period at the then-current price until cancelled. By subscribing, you authorize us (through Stripe) to charge your payment method at the start of each billing period.
• Storage overages. Pro includes the storage allowance shown on our pricing page. If your Workspace uses more, we charge for the additional storage at the rate shown on our pricing page or in your account, billed in arrears.
• Upgrades. Upgrades take effect right away. We may charge a prorated amount for the rest of the current billing period.
• Taxes. Fees do not include sales, use, value-added or similar taxes. You are responsible for applicable taxes, other than taxes on our income, and we will add them to your invoice where required.
• Price changes. We will give at least 30 days' notice before a price increase takes effect. The new price applies from your next renewal. If you do not agree, you can cancel before the renewal date.
• Payment processing. Payments are handled by Stripe, subject to Stripe's own terms. We do not store full card numbers.
• Enterprise. Enterprise plans are invoiced on the terms stated in the applicable order form. Unless the order form says otherwise, invoices are due within 30 days.

Cancellation and refunds

You can cancel a paid subscription at any time in your billing settings. Cancellation takes effect at the end of the current billing period, and you keep Pro features until then. Fees already paid are non-refundable, including for partial periods and unused features, except where a refund is required by law or we agree otherwise in writing. Nothing in these Terms limits any non-waivable right you may have as a consumer, such as a statutory right to withdraw from a contract.

Failed payments

If a payment fails, we will notify you and retry. If payment is still outstanding after 14 days, we may move the Workspace to the Free plan. Moving to Free starts the 3-day grace period described in Section 5.

Downgrades, grace period and over-limit data

We only keep data that a Plan pays for. When a Workspace moves from a paid Plan to Free, whether by cancellation at the end of a billing period or by non-payment under Section 4:

1. We notify the Owner. We email the Workspace Owner when the downgrade happens. That email starts a 3-day grace period.
2. Nothing is deleted during the grace period. Existing projects, cards, comments and files stay in the Workspace, and you can view and export them. New work is subject to Free plan limits, and Pro-only features such as custom domains, client Guest access and new uploads beyond the Free allowance stop working.
3. You choose what happens next. During the grace period you can re-subscribe to keep everything, or bring the Workspace within Free plan limits yourself by exporting and then deleting or archiving projects and files.
4. After 3 days, over-limit data is permanently deleted. If the Workspace is still over Free plan limits when the grace period ends, we will delete:
   • projects beyond the Free plan limit, together with their cards, comments, checklists, handoff history and attachments. We keep the Free plan's allowance of projects that were most recently updated and delete the rest, starting with the least recently updated;
   • file attachments beyond the Free plan storage allowance in the remaining projects, starting with the oldest uploads, until the Workspace is within the allowance; and
   • client directory entries and Guest access, which are Pro-only features.
5. People over the limit. If the Workspace has more Authorized Users than the Free plan allows, we deactivate the most recently added members (never the Owner) until it is within the limit. Content they created stays in the Workspace.

We choose what to delete using the rules above. We do not review your content to decide. Deleted data cannot be recovered, so export anything you want to keep before the grace period ends. Deleted data is removed from backups as described in our Privacy Policy.

Inactive Free Workspaces

If no one signs in to a Free Workspace for 12 consecutive months, we may delete the Workspace and its Customer Content. We will email the Owner at least 30 days before deleting it, and signing in during that time keeps the Workspace active.

Other deletion

Customer Content is also deleted when the Customer deletes it or deletes the Workspace, or when a Workspace is terminated under Section 13.

Customer Content

You own your content

As between you and us, the Customer owns all Customer Content. We claim no ownership of it.

Permission to run the Service

The Customer grants us a worldwide, non-exclusive, royalty-free license to host, store, copy, transmit, display and process Customer Content only as needed to provide, secure, support and maintain the Service, to prevent or address technical or security problems, and as required by law. This license ends when the Customer Content is deleted from our systems as described in our Privacy Policy. We do not use Customer Content for advertising and do not sell it.

Your responsibilities

You represent that you have all rights needed to submit Customer Content and to grant the license above, and that your Customer Content and your use of the Service do not violate any law or anyone's rights. You are responsible for the accuracy and legality of Customer Content and for keeping your own backups of anything critical. Where Customer Content includes personal information, you are the controller and we act as your processor under our Data Processing Addendum, which is available on request and forms part of these Terms for Customers that sign it.

Export

You can export Customer Content while your Workspace is active, using the export tools we provide or by contacting support.

Acceptable use

You agree not to, and not to allow anyone else to:

• use the Service to break any law, or to infringe, misappropriate or violate anyone's intellectual property, privacy or other rights;
• upload or share content that is unlawful, defamatory, harassing, hateful, sexually exploitative of minors, or that promotes violence;
• upload malware, or use the Service to send spam, phishing or other unsolicited messages, including through invitations or @mentions;
• store payment card data, government ID numbers, protected health information or other special categories of data unless you have a lawful basis and appropriate safeguards, and never in a way that would make us subject to PCI DSS or HIPAA obligations without a signed agreement with us;
• probe, scan or test the vulnerability of the Service, bypass security or usage limits, or access another Customer's Workspace or data;
• interfere with or disrupt the Service, including by overloading it or using automated means to access it except through features or APIs we provide;
• reverse engineer, decompile or copy the Service, except where the law expressly allows it;
• resell, sublicense or offer the Service to third parties as your own product without our written agreement, or use it to build a competing product;
• create multiple Workspaces or accounts to get around Free plan limits; or
• use the Service in violation of US or other applicable export control and sanctions laws.

We may remove content or restrict features to enforce this section, as described in Section 13.

Client Guests

On Pro, the Customer may invite Guests to view specific projects in read-only mode. The Customer decides which projects Guests can see and is responsible for what it shares with them. Guests must follow Section 7 (Acceptable use) and may use the Service only to view what they are invited to. Guests do not acquire any rights in the Workspace or its content, and the Customer can revoke Guest access at any time.

Our intellectual property and feedback

The Service, including its software, design, text, graphics, logos and the "Organizer Buddy" name and marks, is owned by us or our licensors and is protected by intellectual property laws. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable right to use the Service for your internal business or personal purposes during your subscription. We reserve all rights not expressly granted.

If you send us suggestions or feedback, we may use them without restriction or obligation to you. Feedback does not include Customer Content.

Third-party services

The Service works with third-party products and services, such as Stripe for payments and your domain registrar for custom domains. Your use of those services is governed by their own terms and privacy policies. We are not responsible for third-party services we do not control.

Availability, changes and support

We work hard to keep the Service available and reliable, but we do not guarantee that it will be uninterrupted or error-free, and we do not offer a service level agreement except where an Enterprise order form says otherwise. We may perform scheduled maintenance and will try to give advance notice of planned downtime that is likely to be significant.

We continually improve the Service and may add, change or remove features. If we remove a material feature of a paid Plan that you rely on, you may cancel and we will refund the unused portion of any prepaid fees for that Plan.

Support is available by email at [email protected]. Enterprise plans include priority support.

Privacy and security

Our Privacy Policy explains how we handle personal information. We maintain reasonable administrative, technical and physical safeguards for Customer Content, including an isolated database for every Workspace and encryption in transit and at rest. We will notify the Customer without undue delay if we become aware of unauthorized access to its Customer Content, as required by law.

Suspension and termination

By you

You may stop using the Service at any time. The Owner can cancel a paid Plan or delete the Workspace in its settings. Deleting a Workspace permanently removes its Customer Content as described in our Privacy Policy.

By us

We may suspend or restrict access to the Service, in whole or in part, if we reasonably believe that: you have materially breached these Terms (including Section 7); your use poses a security risk or could harm the Service, other users or third parties; or we are required to do so by law. Where practical, we will give notice and a chance to fix the problem first. We may terminate these Terms and your access if a material breach is not fixed within 15 days after notice, immediately for serious or repeated violations or illegal activity, or on at least 60 days' notice if we discontinue the Service.

What happens after termination

If we terminate for a reason other than your breach, or discontinue the Service, we will refund prepaid fees for the unused part of your billing period and give you at least 30 days to export Customer Content. After termination we may delete Customer Content as described in our Privacy Policy. Sections that by their nature should survive termination will survive, including Sections 6 (as to ownership), 9, 14, 15, 16, 18 and 20, and any unpaid fees.

Disclaimers

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." EXCEPT AS EXPRESSLY STATED IN THESE TERMS, WE AND OUR LICENSORS AND SUPPLIERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, OR THAT CUSTOMER CONTENT WILL NEVER BE LOST.

Some jurisdictions do not allow certain warranty exclusions, so some of the above may not apply to you. In that case, these exclusions apply to the maximum extent allowed.

Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW: (A) NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL OR DATA, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) EACH PARTY'S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (I) THE AMOUNTS YOU PAID OR OWE US FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, AND (II) ONE HUNDRED US DOLLARS (US $100).

These limits do not apply to your obligation to pay fees, to either party's indemnification obligations, to a party's gross negligence, fraud or willful misconduct, or to liability that cannot be limited by law. If you are a consumer in the EEA or UK, nothing in these Terms limits our liability for death or personal injury caused by negligence, for fraud, or under any other mandatory consumer protection law.

Indemnification

By you. If you use the Service for business purposes, you will defend, indemnify and hold harmless Organizer Buddy and its officers, employees and agents from any third-party claims, and related losses, damages and reasonable legal fees, arising out of your Customer Content, your use of the Service in violation of these Terms or the law, or the acts of your Authorized Users and Guests.

By us. We will defend you against any third-party claim that the Service, as provided by us, infringes that third party's US patent, copyright or trademark, or misappropriates its trade secret, and will pay damages finally awarded or agreed in settlement. This does not apply to claims caused by Customer Content, third-party services, or use of the Service in combination with anything we did not provide, or in breach of these Terms. If the Service is or may become subject to such a claim, we may obtain the right for you to keep using it, modify it to be non-infringing, or end your subscription and refund prepaid fees for the unused period.

Process. The party seeking indemnity must give prompt written notice of the claim, reasonable cooperation, and sole control of the defense and settlement to the indemnifying party, which may not settle in a way that admits fault by or imposes obligations on the other party without its consent.

Copyright complaints

We respect intellectual property rights and respond to notices of alleged infringement that comply with the US Digital Millennium Copyright Act (DMCA). Send notices to our designated agent: Copyright Agent, WebStuff LLC, PO Box 915881, Longwood, FL 32791, United States, [email protected]. Your notice must include: your signature; identification of the copyrighted work; identification of the allegedly infringing material and where it is located; your contact information; a statement of good-faith belief that the use is not authorized; and a statement, under penalty of perjury, that the information is accurate and that you are authorized to act for the copyright owner. We may terminate the accounts of repeat infringers.

Governing law and dispute resolution

Governing law

These Terms are governed by the laws of the State of Florida and the US Federal Arbitration Act, without regard to conflict-of-laws rules. The UN Convention on Contracts for the International Sale of Goods does not apply.

Try to resolve it informally first

Before filing a claim, each party agrees to send the other a written description of the dispute (to us at [email protected]) and to try in good faith to resolve it for at least 30 days.

Binding individual arbitration (US users)

If you live in the United States, you and we agree that any dispute arising out of or relating to these Terms or the Service will be resolved by final and binding arbitration on an individual basis, administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules or Commercial Arbitration Rules, as applicable. The arbitration will take place in Seminole County, Florida or by video conference, and the arbitrator may award the same individual relief a court could. For consumer claims, we will pay AAA filing and arbitrator fees beyond the amount you would pay to file in court.

Exceptions. Either party may bring an individual claim in small claims court, and either party may seek an injunction in court to protect its intellectual property or to stop unauthorized use of the Service.

Class action waiver. YOU AND WE AGREE THAT CLAIMS MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. If this waiver is found unenforceable for a particular claim, that claim must be decided in court, not arbitration.

30-day right to opt out. You may opt out of this arbitration agreement by emailing [email protected] within 30 days of first accepting these Terms, with your name, account email and a clear statement that you opt out of arbitration. Opting out will not affect any other part of these Terms.

Courts

Any dispute not subject to arbitration will be brought exclusively in the state or federal courts located in Seminole County, Florida, and both parties consent to their jurisdiction. If you are a consumer living in the EEA, UK or Switzerland, you may also bring proceedings in the courts where you live, and you keep the protection of any mandatory laws of that country.

Changes to these Terms

We may update these Terms from time to time. We will post the new version on this page and update the "Last updated" date. If a change is material, we will notify Workspace owners by email or in the Service at least 30 days before it takes effect. Changes will not apply to disputes that arose before the change. By continuing to use the Service after the effective date, you accept the updated Terms. If you do not agree, you may cancel before the effective date and, for prepaid annual plans, request a refund of the unused portion.

General terms

• Entire agreement. These Terms, the Privacy Policy, any Data Processing Addendum and any order form are the entire agreement between us about the Service and replace any earlier agreements on the same subject.
• Assignment. You may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition or sale of all or substantially all of our assets, with notice to you.
• Force majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control, such as natural disasters, war, labor disputes, internet or utility failures, or actions of government. This does not excuse payment obligations.
• Severability and waiver. If any provision is found unenforceable, the rest remains in effect and the provision will be modified to the minimum extent necessary. Failing to enforce a provision is not a waiver.
• Notices. We may send notices to the email address on your account or through the Service. You may send notices to [email protected] or to our mailing address below. Notices are effective when sent by email or on delivery by mail.
• Independent parties. The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, employment or agency relationship.
• Export and sanctions. You will comply with US and other applicable export control and sanctions laws and will not use the Service in, or make it available to anyone in, an embargoed country or on a restricted-party list.
• US government users. The Service is "commercial computer software" and is provided to US government users only with the rights set out in these Terms.
• Language. These Terms are written in English. Any translation is for convenience only, and the English version controls.

Contact us

Questions about these Terms? Contact us: