Version 2026-10-08-draft
Draft, pending legal review. Text in [BRACKETS] is still to be filled in.
These Terms of Service (the "Terms") are an agreement between [COMPANY LEGAL NAME] ("we", "us") and the business that subscribes to Brontes (the "Customer", "you"). The person who accepts these Terms confirms they are authorised to bind the Customer. Each individual who signs in also agrees to follow them. Effective date: [EFFECTIVE DATE].
Brontes is subscription software for structural steel fabricators and construction businesses: estimating, project management, shop production, purchasing, inventory, shipping, field work, accounting links and reporting (the "Service"). Features available to you depend on your plan.
You will not, and will not let anyone else:
We may suspend access that puts the Service, other customers or the law at risk, and will tell you why when we can.
You own your data. Everything you and your users put into the Service -- estimates, drawings, models, project and production records, files and messages ("Customer Data") -- belongs to you. You give us permission to host, copy, process and display Customer Data only as needed to provide, secure and support the Service for you, and as described in our Privacy Policy. We do not sell Customer Data. Each customer's data is kept in its own separate database.
Each of us will keep the other's non-public information confidential, use it only for this agreement, and protect it with at least reasonable care. This does not cover information that is public, already known, independently developed, or that must be disclosed by law (with notice where allowed).
Our staff do not enter your company's account unless you grant support access from your company's security settings, for a period you choose. You can revoke it at any time. Every support session's start, end and any change to editing (with the reason given) is logged where your administrators can see it. Support staff never see your passwords.
We use reasonable administrative, technical and physical safeguards appropriate to the Service, including encrypted connections, per-customer databases, hashed passwords, optional two-step verification, session controls and regular backups. No system is perfectly secure; we will notify you without undue delay of a security incident that affects your Customer Data, as required by law.
We work to keep the Service available and to schedule maintenance outside normal working hours where we can. Unless a separate written agreement says otherwise, there is no service-level agreement and no credit for downtime.
Fees are set by your plan and number of seats. Subscriptions are billed in advance through our payment processor, Stripe, and renew automatically until cancelled. Fees are non-refundable except where the law requires otherwise. We may change prices for a future billing period with at least 30 days' notice. Unpaid accounts may be suspended after notice.
You may cancel at any time; access continues to the end of the paid period. Either of us may end this agreement if the other materially breaches it and does not fix the breach within 30 days of notice. After the subscription ends, you have [NUMBER] days to export your Customer Data using the Service's export tools or by asking us; after that we may delete it, except copies kept in backups for a limited time or where the law requires us to keep them.
We own the Service and all software, designs and documentation behind it; these Terms give you a right to use it during your subscription, not ownership. If you send us suggestions or feedback, we may use them freely without obligation to you.
We will provide the Service with reasonable skill and care. Otherwise the Service is provided "as is", and we disclaim all other warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement. Engineering, estimating, cutting, nesting, weight and pricing results are aids to your professional judgment, not a substitute for it; you are responsible for checking them before relying on them.
To the extent the law allows, neither of us is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or data, and each party's total liability under these Terms is limited to the fees you paid for the Service in the 12 months before the claim. These limits do not apply to your payment obligations, a breach of confidentiality, or a party's indemnity obligations.
You will defend and indemnify us against third-party claims arising from Customer Data or from your or your users' breach of these Terms. We will defend and indemnify you against third-party claims that the Service, as we provide it, infringes their intellectual property rights.
These Terms are governed by the laws of the State of [STATE], without regard to its conflict-of-laws rules, and the courts located in [STATE] have exclusive jurisdiction.
We may update these Terms. When we do, we will publish the new version with a new version label and ask every user to accept it the next time they sign in; continued use after acceptance is governed by the new version.
[COMPANY LEGAL NAME], [ADDRESS]. Email: [CONTACT EMAIL].