Acceptance of these terms
These Terms of Service (“Terms”) govern your use of the PeopleCount marketing site at peoplecount.ai and the PeopleCount product (together, the “Service”). By using the Service, you agree to these Terms. If you do not agree, do not use the Service.
We may update these Terms from time to time. The “Last updated” date at the top reflects the most recent change. Your continued use of the Service after an update means you accept the revised Terms.
The Service
PeopleCount provides modular operations software for small and mid-sized businesses, sold as PeopleCount Platforms (modular), PeopleCount Service (the field-ops bundle), and PeopleCount Build (custom engagements). Specific functionality, pricing, and availability are described on the marketing site and in any order forms or signed agreements between you and PeopleCount.
Your account
Some features of the Service require an account. You are responsible for keeping your credentials secure and for all activity under your account. Notify us promptly at support@peoplecount.ai if you suspect unauthorized access.
SMS and text-messaging terms
By providing and verifying a mobile phone number in PeopleCount, you consent to receive transactional text messages from PeopleCount, including one-time verification codes and account notifications.
- Program. PeopleCount account verification and notification messages.
- Message frequency. Frequency varies. Verification codes are sent when you request them; account notifications are sent as relevant account events occur.
- Cost. Message and data rates may apply, depending on your mobile carrier and plan.
- Opt-out. Reply STOP to any message to unsubscribe at any time.
- Help. Reply HELP for assistance, or contact support@peoplecount.ai.
- Carrier liability. Mobile carriers are not liable for delayed or undelivered messages.
Acceptable use
You agree not to:
- Use the Service in violation of any law or regulation.
- Attempt to gain unauthorized access to the Service, other customers’ accounts, or any underlying infrastructure.
- Reverse-engineer, decompile, or attempt to extract the source code of the Service, except where expressly permitted by law.
- Interfere with or disrupt the Service or its security, including by scraping at a rate that materially impacts other users.
- Upload or transmit malicious code, harassing or unlawful content, or content that violates the rights of others.
- Resell or sublicense the Service without our written agreement.
We may suspend or terminate access for material or repeated violations of these rules.
Subscriptions, fees, and cancellation
Pricing for PeopleCount Platforms scales per user and per module as described on the pricing page. PeopleCount Service is offered at a fixed monthly price for teams within published team sizes. PeopleCount Build engagements are scoped per project under a separate written agreement.
Unless otherwise stated in a signed agreement, subscription fees are billed in advance and are non-refundable for the period already billed. You may cancel at any time; your subscription will remain active through the end of the current billing period.
Intellectual property
Our content. PeopleCount and its licensors own all rights in the Service, including software, design, trademarks, and documentation. We grant you a limited, non-exclusive, non-transferable license to use the Service in accordance with these Terms.
Your content. You retain all rights in any data, documents, or content you upload to the Service (“Customer Data”). You grant us a limited license to host, process, and display Customer Data as needed to provide the Service.
Custom engagements. Intellectual-property terms for PeopleCount Build engagements are described on the Build page and finalized in each engagement’s written agreement. The general rule: where you host the deliverable (custom marketing sites under your domain), you own the IP; where we host the deliverable (custom modules in your PeopleCount account), we retain IP and you receive perpetual use within your account.
Confidentiality
Each party agrees to protect the other’s confidential information using at least the same degree of care it uses for its own confidential information, and to use such information only as needed to perform under these Terms.
Privacy
Our handling of personal information is described in our Privacy policy. By using the Service, you agree to that policy.
Disclaimers
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PEOPLECOUNT WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUES, DATA, OR BUSINESS, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE. OUR AGGREGATE LIABILITY UNDER THESE TERMS WILL NOT EXCEED THE FEES YOU PAID TO PEOPLECOUNT IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.
Indemnification
You agree to defend, indemnify, and hold PeopleCount harmless from and against any third-party claims arising from your violation of these Terms, your misuse of the Service, or your Customer Data.
Term and termination
These Terms apply for as long as you use the Service. You may stop using the Service at any time. We may suspend or terminate your access for material breach, after notice and a reasonable cure period where appropriate. Sections that by their nature should survive termination (intellectual property, disclaimers, limitation of liability, indemnification, governing law) will survive.
Governing law and disputes
These Terms are governed by the laws of the United States, without regard to its conflict-of-laws principles. Any dispute arising out of or related to these Terms will be brought in the courts of the United States, and you consent to the personal jurisdiction of those courts.
Changes to these terms
We may change these Terms by posting an updated version. If the changes are material, we will provide notice through the Service or by email. Your continued use of the Service after the effective date of an updated version constitutes acceptance.
Contact
Questions about these Terms? Email support@peoplecount.ai.