1. Acceptance of Terms
By accessing or using Annual ("the Service"), operated by Annual Software Ltd. ("we", "us", or "our"), you agree to be bound by these Terms of Service. If you do not agree to these terms, do not use the Service.
2. Description of Service
Annual is a cloud-based operations management platform designed for landscaping and grounds maintenance businesses. The Service includes features for quoting and online signing, contract management, scheduling visits, crew management, client management, invoicing, renewals, and field operations.
3. User Accounts
To use the Service, you must create an account and provide accurate, complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account.
4. Acceptable Use
You agree not to:
- Use the Service for any unlawful purpose or in violation of any applicable laws
- Attempt to gain unauthorized access to any part of the Service or its systems
- Interfere with or disrupt the integrity or performance of the Service
- Upload or transmit viruses, malware, or any other harmful code
- Use the Service to store or transmit content that infringes on third-party rights
- Reverse engineer, decompile, or disassemble any part of the Service
- Share your account credentials with unauthorized third parties
5. Data Ownership
You retain all rights to the data you upload or create within the Service ("Your Data"). We do not claim ownership of Your Data. You grant us a limited license to use Your Data solely to provide and improve the Service. We will not sell, share, or use Your Data for purposes unrelated to the Service.
6. Third-Party Services
The Service uses Google Maps features. Your use of them is subject to the Google Maps/Google Earth Additional Terms of Service and the Google Privacy Policy.
7. Copyright and Other Intellectual Property Complaints
If you believe something in the Service infringes your copyright, trademark or other rights, send us a message through our support page at annualsoftware.com/support or email us at info@annualsoftware.com, with:
- what the material is and where it appears;
- the right you believe is infringed and that you own it or act for the owner; and
- how to reach you.
We will reply within 5 business days, review it, and remove or block the material where appropriate. If it is a customer's content, we may share your notice with that customer.
8. Service Availability
We strive to maintain high availability of the Service but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control. We will make reasonable efforts to notify users of planned downtime in advance.
9. Subscription and Billing
Access to certain features of the Service requires a paid subscription. Subscription fees are billed in advance on a monthly or annual basis depending on your selected plan. All fees are non-refundable unless otherwise stated. We reserve the right to modify pricing with 30 days' notice.
10. Termination
Either party may terminate this agreement at any time. You may cancel your account through the Service settings or by contacting support. We may suspend or terminate your access if you violate these Terms. Upon termination, your right to use the Service ceases immediately. We will retain Your Data for 30 days following termination, after which it may be permanently deleted.
11. Limitation of Liability
To the maximum extent permitted by law, Annual Software Ltd. shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities, arising out of or related to your use of the Service. Our total liability shall not exceed the amount you paid to us in the twelve months preceding the claim.
12. Indemnification
You agree to indemnify and hold harmless Annual Software Ltd., its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from your use of the Service, your violation of these Terms, or your violation of any rights of a third party.
13. Modifications to Terms
We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on the Service and updating the "Last updated" date. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms.
14. Governing Law
These Terms shall be governed by and construed in accordance with the laws of British Columbia, Canada, without regard to conflict of law principles. Any disputes arising under these Terms shall be resolved in the courts of British Columbia, Canada.
15. Contact Us
If you have any questions about these Terms of Service, please contact us through our support page at annualsoftware.com/support or email us at info@annualsoftware.com.