Terms of Service

SealCycle is operated by Davis Digital LLC, a Maryland limited liability company ("we", "us"). These Terms of Service govern your access to and use of the SealCycle application and this website. By creating an account or using SealCycle, you agree to them.

If you are agreeing on behalf of a business, you confirm you are authorized to bind that business, and "you" means both you and that business.

Our Privacy Policy is part of this agreement. It describes what we do with your data and with the data you enter about your customers, and it carries obligations you are taking on.

SealCycle is in early access. It is a small, invitation-only testing program, and the software is genuinely unfinished. What that means in practice:

• The service is provided "as is" and "as available." We make no warranty that it will work, that it will be available, that it will be free of errors, or that it is fit for any particular purpose. All warranties, express or implied — including merchantability, fitness for a particular purpose and non-infringement — are disclaimed to the fullest extent the law allows.
• Features may change, move or break. We add, redesign and remove functionality frequently and often without notice. A workflow you rely on today may work differently next week.
• Data may be lost. We take backups and we try hard not to lose anything, but this is beta software and you should not treat SealCycle as the only copy of any business record that matters to you. Keep your own records.
• There is no uptime commitment and no support guarantee. We generally respond quickly, but nothing here promises a response time.
• Your account is seeded with fictional sample data. The customers, estimates, jobs and invoices present when you first sign in are invented. Delete them once your real work is in the app.

While early access is on, the parts of SealCycle that reach the outside world are deliberately contained. This is the single easiest thing to misunderstand about the product right now, so it is stated plainly:

• Email routes to you, not to your customers. An estimate, invoice, receipt or follow-up that would normally be emailed to a customer is redirected to the email address on your account instead. Your customers receive nothing.
• Card payments run in test mode. Payment links use the payment provider's test environment. No card is charged, no money moves, and no payment link you send can actually collect money.
• Text messaging is off. No SMS is sent to anyone, from any part of the product.

You may enter your real customers and your real jobs, and they will save correctly. But do not rely on SealCycle to deliver an estimate, collect a payment or notify a customer while early access is on. If you need a customer to receive something, send it yourself through your normal channel.

We will tell you before sandboxing is lifted on your account.

Early access members who use SealCycle and share feedback will receive a permanent discount when paid plans begin. The rate will be shared before any charge is made. The discount applies for as long as the subscription stays continuously active.

You must provide accurate information when you sign up and keep it current. You are responsible for everything that happens under your account.

• Keep your password secret and use one you do not use elsewhere.
• Do not share your login. Early access accounts are for a single business.
• Tell us promptly at support@sealcycle.com if you believe your account has been accessed by someone else.
• Links SealCycle generates for your customers — estimate acceptance links, invoice payment links — are unguessable but are not password protected. Anyone holding the link can use it. Treat them accordingly.

You must be at least 18 and using SealCycle for business purposes.

You agree not to:

• use SealCycle for anything unlawful, fraudulent, deceptive or harassing;
• enter personal information about someone you have no legitimate business reason to hold, or that you have no right to provide to a service provider;
• use the email or messaging features to send unsolicited bulk mail;
• attempt to access another account's data, probe or circumvent our authentication, tenant isolation or rate limiting, or test the security of the service without our written permission;
• scrape, bulk-export or resell the service, reverse engineer it, or use it to build a competing product;
• upload malware, or content you do not have the rights to;
• place a load on the service designed to degrade it for others.

If you find a security problem, please report it to support@sealcycle.com rather than exploiting it. We will not pursue you for a good-faith report.

SealCycle calculates square footage, material quantities, costs, totals, taxes, drive times, weather risk and schedules from the numbers and settings you provide. Those calculations are a convenience. They are not verified, they are not professional advice, and they can be wrong — because the software has bugs, because a setting is misconfigured, or because the input was wrong.

You are responsible for the accuracy of every estimate, invoice and other document you send. Read it before you send it. A document that leaves SealCycle goes out under your business name, and it is your document, not ours. You are responsible for:

• the prices, quantities, scope of work and terms in what you send;
• charging and remitting the correct sales tax for your jurisdiction;
• the contractual effect of an estimate a customer accepts, and of an invoice you issue;
• your own licensing, insurance, employment and consumer protection obligations.

We are not a party to any agreement between you and your customer, and we are not liable for a dispute between you.

SealCycle is not accounting, tax or legal software, and nothing in it is accounting, tax or legal advice.

Your data stays yours. You keep all rights to the records you enter and the files you upload. You grant us only the permission needed to host, process, back up and display that data in order to run the service for you, and to send the documents you ask us to send.

Our software stays ours. SealCycle — the application, its name, branding, design and content — belongs to Davis Digital LLC. These terms do not transfer any of it to you. You get a limited, revocable, non-exclusive right to use the service while your account is open.

Feedback. Early access exists to collect it, so please send it. If you give us feedback, bug reports or feature ideas, we may use them freely to improve SealCycle, without confidentiality obligation and without owing you compensation or credit. That does not give us rights to your business data.

Third party services. SealCycle depends on outside providers — hosting, database, email, payments, maps, weather — listed by name in the Privacy Policy. Their failures are not something we can prevent, and we are not liable for them.

Please read this section carefully. It limits what you can recover from us.

To the maximum extent permitted by law, Davis Digital LLC and its members, officers, employees and contractors will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost revenue, lost business opportunity, lost or corrupted data, cost of substitute software, or business interruption, arising out of or relating to your use of SealCycle — whether the claim is in contract, tort, negligence, strict liability, warranty or anything else, and even if we have been advised that such damages were possible.

To the maximum extent permitted by law, our total aggregate liability for all claims relating to SealCycle will not exceed the greater of (a) the total amount you actually paid us for the service in the twelve months before the event giving rise to the claim, or (b) one hundred US dollars ($100). During early access the service is free, so in practice this cap is $100.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain damages. Where that is the case, the exclusions and limits above apply only to the extent that jurisdiction permits, and nothing here limits liability for fraud, or for anything else that cannot lawfully be limited.

You agree to indemnify and hold us harmless from claims brought by a third party — including your customers — arising out of the data you entered, the documents you sent, your breach of these terms, or your violation of law.

These limits reflect the deal being made here: unfinished software given to you at no charge in exchange for feedback.

You may stop using SealCycle at any time and request account deletion as described in the Privacy Policy.

We may suspend or close an account that breaches these terms, that is being used in a way that endangers the service or another account, or that we are required to close by law. Where the circumstances allow it, we will tell you first.

Early access is a defined program and it will end. If your account is not carried into a paid plan, we will give you notice and a reasonable window to export your data before it is deleted. We will not delete your business records without warning you.

The sections on ownership, limitation of liability, indemnity and governing law survive the end of this agreement.

We may update these terms as SealCycle develops. The revision date at the top of this page always reflects the current version, and the current version is always the one posted here.

For a material change — anything affecting your rights, your liability, or what you are being charged — we will email account holders before it takes effect. Continuing to use SealCycle after a change takes effect means you accept the updated terms. If you do not, stop using the service and ask us to close your account.

These terms and any dispute arising out of them or out of your use of SealCycle are governed by the laws of the State of Maryland, without regard to its conflict of laws rules.

You and Davis Digital LLC agree that any such dispute will be brought exclusively in the state or federal courts located in Maryland, and both of us consent to the personal jurisdiction of those courts.

Before filing anything, please email us. Nearly everything is faster to resolve that way.

If any provision of these terms is held unenforceable, the rest remain in force. Our not enforcing a provision on one occasion is not a waiver of it. These terms, together with the Privacy Policy, are the entire agreement between us about SealCycle.

Questions about these terms, or about your account:

support@sealcycle.com

Davis Digital LLC, Maryland, United States.