Terms of Service

These Terms of Service (“Terms”) are a legal agreement between you (“Customer,” “you”) and Fulcrum Software LLC, an Indiana limited liability company (“Fulcrum,” “we,” “us”), governing your access to and use of the Fulcrum software-as-a-service application and related websites, including smbfulcrum.com (collectively, the “Service”). By creating an account, clicking “I agree,” or using the Service, you accept these Terms. If you do not agree, do not use the Service.

1. Accounts and Eligibility

You must be at least 18 years old and able to form a binding contract. You are responsible for the accuracy of your registration information, for maintaining the confidentiality of your credentials, and for all activity under your account. Notify us promptly of any unauthorized use.

2. Subscriptions, Fees, and Payment

Access to the Service is provided on a subscription basis. Fees, billing frequency, and plan features are as described at the time of purchase. Unless stated otherwise: (a) fees are billed in advance and are non-refundable except as required by law; (b) subscriptions renew automatically for successive terms unless cancelled before the renewal date; (c) we may change fees on notice effective at your next renewal; and (d) you are responsible for applicable taxes. Late or failed payments may result in suspension.

3. License and Acceptable Use

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Service for your internal business purposes during your subscription. You agree not to: (a) copy, modify, reverse engineer, or create derivative works of the Service; (b) resell, sublicense, or provide the Service to third parties except as permitted; (c) use the Service unlawfully or to infringe others’ rights; (d) upload malicious code or attempt to gain unauthorized access; or (e) interfere with the integrity or performance of the Service.

4. Customer Data

“Customer Data” means data you or your users submit to the Service. As between the parties, you own your Customer Data. You grant us a worldwide, non-exclusive license to host, process, and use Customer Data solely to provide and improve the Service and as described in our Privacy Policy. You are responsible for the accuracy and legality of your Customer Data and for having the rights necessary to submit it.

5. Intellectual Property

The Service, including all software, content, and trademarks (including the “Fulcrum” name and logo), is owned by Fulcrum Software LLC and its licensors and is protected by law. Except for the rights expressly granted, we reserve all rights. Feedback you provide may be used by us without restriction or obligation.

6. Third-Party Services

The Service may integrate with or link to third-party products (for example, payment processors or cloud infrastructure). We are not responsible for third-party products, and your use of them is governed by their terms.

7. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS OR DATA. OUR TOTAL LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS WILL NOT EXCEED THE AMOUNTS YOU PAID TO US FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

9. Indemnification

You will defend and indemnify Fulcrum Software LLC against third-party claims arising from your Customer Data, your use of the Service in violation of these Terms, or your violation of law or third-party rights.

10. Term and Termination

These Terms remain in effect while you use the Service. You may cancel at any time as described in the Service. We may suspend or terminate your access for breach or non-payment. Upon termination, your right to use the Service ceases; we will make Customer Data available for export for a limited period, after which it may be deleted.

11. Changes

We may modify the Service or these Terms. If we make material changes to these Terms, we will provide notice (for example, by email or in-app). Your continued use after the effective date constitutes acceptance.

12. Governing Law and Disputes

These Terms are governed by the laws of the State of Indiana, without regard to conflict-of-laws rules. The state and federal courts located in Indiana will have exclusive jurisdiction, and the parties consent to venue there, except that either party may seek injunctive relief in any court of competent jurisdiction.

13. General

These Terms are the entire agreement between the parties regarding the Service and supersede prior agreements. If any provision is unenforceable, the rest remains in effect. You may not assign these Terms without our consent; we may assign them in connection with a merger or sale. Failure to enforce a provision is not a waiver.

14. Contact

Questions about these Terms: Fulcrum Software LLC — info@smbfulcrum.com.