These Terms of Service (the “Terms”) form a binding agreement between you and Journalwerx (“Journalwerx,” “we,” “us,” or “our”) and govern your access to and use of the Journalwerx website, application, and related services (collectively, the “Service”). Please read them carefully.
1. Agreement to Terms
By creating an account, accessing, or otherwise using the Service, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated here by reference. If you do not agree to these Terms, you may not use the Service.
If you are using the Service on behalf of a company, partnership, sole proprietorship, or other organization, you represent and warrant that you have the authority to bind that entity to these Terms, and the words “you” and “your” in this document refer to both you personally and the entity you represent.
2. The Service
Journalwerx is a software-as-a-service platform built for construction professionals. The Service provides tools for creating estimates and invoices, building internal quotes, tracking jobs and field labor, scheduling progress payments, managing change orders and work orders, organizing client and subcontractor records, and related construction-business workflows.
The Service is delivered over the internet and is accessed through a web browser. You are responsible for providing your own internet connection, hardware, and any other equipment needed to use the Service, and for ensuring those resources meet the technical requirements we publish from time to time.
3. Account Registration
To use most features of the Service, you must create an account. You agree to provide information that is accurate, current, and complete, and to keep that information updated as it changes. You may create one account per business.
You are responsible for safeguarding your password and any other credentials that authenticate access to your account, and you are responsible for all activity that occurs under your account, whether or not you authorized it. We strongly recommend using a password unique to Journalwerx and not sharing your credentials with anyone.
By registering, you represent that you are at least eighteen (18) years old and have the legal capacity to enter into binding contracts in your jurisdiction. You agree to notify us immediately at support@journalwerx.com if you suspect any unauthorized access to or use of your account.
4. Subscription Plans and Billing
The Service is offered on a subscription basis. Current plans are Starter ($29 per month or $290 per year), Crew ($79 per month or $790 per year), and Pro ($179 per month or $1,790 per year). Plan inclusions and feature limits are described on the Billing page within the Service and on our public pricing page.
New accounts include a 14-day free trial. To begin the trial you must provide a valid payment method. If you do not cancel before the trial period ends, your subscription will automatically convert to a paid subscription at the plan and billing cadence you selected, and your payment method will be charged.
All fees are stated and billed in United States dollars and are exclusive of any applicable sales, use, value-added, or similar taxes, which are your responsibility. By providing a payment method you authorize us, or our payment processor on our behalf, to charge that payment method for all amounts due under your subscription at the start of each billing period.
Subscriptions renew automatically at the end of each billing period (monthly or annual, based on the cadence you chose) until cancelled. If a charge fails, we may suspend access to the Service after seven (7) days of non-payment and may terminate your account after thirty (30) days of continued non-payment.
We may change subscription prices from time to time. Any price change affecting your existing subscription will take effect no sooner than thirty (30) days after we notify you, and will apply to your next renewal. Continued use of the Service after the new price takes effect constitutes acceptance of the new price.
Except where required by applicable law, all fees paid are non-refundable. We do not refund partial billing periods or unused time. Cancellation stops future charges; it does not generate a credit for the remaining period.
5. Cancellation and Termination
You may cancel your subscription at any time from the Billing page within the Service or by contacting support@journalwerx.com. Cancellation takes effect at the end of your current billing period; you retain access to the Service until that date, after which your account becomes inactive.
We may suspend or terminate your account, with or without notice, if you violate these Terms, engage in fraudulent or unlawful activity, behave abusively toward our staff or other users, fail to pay amounts due, or otherwise create risk for the Service or its users.
Following termination of your account for any reason, you will have thirty (30) days to export your business data through the Service’s export tools or by contacting support. After that period, we may permanently delete your data and will have no further obligation to retain it. Provisions of these Terms that by their nature should survive termination — including the sections on Limitation of Liability, Indemnification, Warranty Disclaimer, Intellectual Property, and Governing Law — will survive.
6. User Content and Data Ownership
You retain all rights to the content you enter into or upload to the Service, including but not limited to client records, estimates, invoices, quotes, job and labor data, photos, files, and communications (collectively, “User Content”). We do not claim ownership of any User Content.
You grant Journalwerx a limited, worldwide, non-exclusive, royalty-free license to host, store, copy, transmit, display, and process your User Content solely for the purpose of providing, securing, and improving the Service for you. This license terminates when you delete the relevant User Content or close your account, subject to standard backup retention and any legal obligation we have to retain it.
You represent and warrant that you have all rights, licenses, consents, and permissions necessary to upload, store, and use your User Content in connection with the Service, and that your User Content does not violate any third party’s rights.
7. Acceptable Use
You agree not to:
- Use the Service for any unlawful purpose or in violation of any applicable law or regulation.
- Resell, sublicense, lease, rent, or otherwise commercially redistribute access to the Service without our prior written consent.
- Reverse engineer, decompile, disassemble, or otherwise attempt to extract the source code, algorithms, or non-public components of the Service, except to the extent this restriction is expressly prohibited by applicable law.
- Use the Service to send unsolicited commercial communications (spam), malware, phishing content, or any other harmful or deceptive material.
- Interfere with, disrupt, or attempt to gain unauthorized access to the Service, our infrastructure, or other users’ accounts or data.
- Upload, post, or transmit any User Content that is unlawful, defamatory, fraudulent, infringing, obscene, or otherwise objectionable, or that contains personal data you do not have permission to handle.
- Use automated means to scrape, harvest, or extract data from the Service beyond what is offered through documented APIs or export features.
Violations of this section may result in immediate suspension or termination of your account, and we may report unlawful conduct to the appropriate authorities.
8. Limitation of Liability
Please read this section carefully. It limits our liability and sets out important responsibilities you are taking on.
Journalwerx is a tool, not a guarantee. All calculations, totals, schedules, reports, and other outputs produced by the Service are derived from inputs and configuration you provide. You are solely responsible for verifying the accuracy of all numbers— including, without limitation, estimate totals, invoice amounts, sales-tax calculations, profit margins, payment schedules, overhead allocations, and change-order pricing — before relying on them for business decisions, sending them to your customers, or using them in any contract or document.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JOURNALWERX SHALL NOT BE LIABLE FOR: (a) financial losses resulting from your reliance on Service outputs; (b) errors in calculations, totals, or data display, whether due to software defects, your input mistakes, or otherwise; (c) incorrect totals or terms on documents sent to your customers; (d) lost profits, lost revenue, lost business opportunities, lost goodwill, or similar losses; (e) loss, corruption, or unavailability of data; (f) Service downtime or unavailability; (g) failures of third-party services on which the Service depends, including but not limited to Stripe, Resend, payment processors, and email-delivery providers; or (h) any indirect, incidental, consequential, special, exemplary, or punitive damages of any kind, regardless of the legal theory on which the claim is based, even if Journalwerx has been advised of the possibility of such damages.
Maximum liability cap. In no event shall Journalwerx’s total cumulative liability to you for any and all claims arising out of or relating to the Service or these Terms exceed the greater of (i) the total amount you actually paid to Journalwerx in the twelve (12) months immediately preceding the event giving rise to the claim, or (ii) one hundred United States dollars ($100). Multiple claims do not increase this cap.
Indemnification. You agree to indemnify, defend, and hold harmless Journalwerx and its officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your use of or access to the Service; (b) any document, communication, or other output generated by you using the Service, including without limitation estimates, invoices, contracts, change orders, work orders, and payment requests you send to your customers or other third parties; (c) your violation of these Terms; or (d) your violation of any applicable law or any right of a third party.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so portions of this section may not apply to you. In those jurisdictions, our liability is limited to the maximum extent permitted by law.
9. Warranty Disclaimer
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. WITHOUT LIMITING THE FOREGOING, JOURNALWERX SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY, RELIABILITY, AND UNINTERRUPTED AVAILABILITY.
No advice, information, or output obtained from the Service or from Journalwerx personnel, whether oral or written, creates any warranty not expressly stated in these Terms.
10. Service Availability and Modifications
We make reasonable commercial efforts to keep the Service available, but we do not guarantee any specific level of uptime, performance, or response time. The Service may be unavailable from time to time due to scheduled maintenance, unscheduled maintenance, third-party outages, network conditions, or other causes within or outside our control.
We may add, modify, suspend, or discontinue features of the Service at any time. For material changes that adversely affect existing paid subscribers, we will provide reasonable advance notice through email or in-app notification when practicable.
11. Third-Party Services
The Service integrates with a small set of third-party providers in order to function. As of the effective date of these Terms, these include Stripe (payment processing), Resend (transactional email delivery), Neon (database hosting), and Vercel (application hosting). The list may change as we evolve the Service.
We are not responsible for the availability, security, or performance of third-party services, and we do not endorse their separate terms. Your use of third-party services through the Service is subject to the third party’s own terms and privacy policies. Outages or failures by these providers may affect the Service, and any damages arising from such outages or failures are excluded under the Limitation of Liability section above.
12. Intellectual Property
The Service, including its software, design, layout, user interface, text, graphics, logos, and trademarks, is the property of Journalwerx or its licensors and is protected by United States and international copyright, trademark, and other intellectual property laws.
Except for the limited right to use the Service granted to you under these Terms, no other right, title, or interest is transferred to you. You may not copy, modify, distribute, publicly display, publicly perform, or create derivative works of the Service or any portion of it without our prior written permission.
13. Changes to These Terms
We may update these Terms from time to time. The “Effective” date at the top of this page reflects the most recent revision. For material changes, we will provide notice through email or in-app notification at least thirty (30) days before the changes take effect.
Your continued use of the Service after the effective date of updated Terms constitutes acceptance of those Terms. If you do not agree to the updated Terms, you may cancel your account before the effective date as described in the Cancellation and Termination section.
14. Governing Law and Dispute Resolution
These Terms and any dispute arising out of or relating to them or to the Service are governed by the laws of the State of South Carolina, United States of America, without regard to its conflict-of-laws principles, and by applicable United States federal law.
You and Journalwerx agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved exclusively in the state or federal courts located in Charleston County, South Carolina, and you consent to the personal jurisdiction of and venue in those courts.
If any provision of these Terms is held to be invalid or unenforceable, that provision will be enforced to the maximum extent permitted and the remaining provisions will remain in full force and effect.
15. Contact
If you have questions about these Terms, you can reach us at support@journalwerx.com.