These terms are between Tattoo Waivers LLC, a Texas limited liability company, which runs waivers.construction ("we"), and the company that signs up for it ("you"). The person who signs a company up accepts these terms for it, and represents that they are at least 18 years old and authorized to do so. Questions about these terms may be sent to hello@waivers.construction.
1. Definitions
(a) "The Service" is waivers.construction: your company's own page and the QR codes that open it, the web app your team signs in to, the pages a person signs a lien waiver on, and the records behind them.
(b) "Team" is the people your company gives a sign-in.
(c) "Signer" is the subcontractor, the supplier or any other person who signs a lien waiver through the Service, and the company that person signs for.
(d) "Waiver" is a lien waiver and release made or signed in the Service.
(e) "Record" is everything we keep about one Waiver: what your Team entered, what the Signer entered and signed, the form's words as they stood, and the history of each.
2. The Service
(a) waivers.construction gives your company a page of its own and QR codes that open it, which print as a counter sign, a job sign and a label for a check. Your Team adds a job and makes a Waiver for a payment, or a Signer starts one from your page. The Signer reads the Waiver and signs it on a phone, and the Service sends the signed Waiver to your Team and to the Signer and keeps the Record.
(b) The forms. Where a state's statute prints a lien waiver form, the Service shows that form in the statute's words, as we read them at the statute on the date the state's page on our website gives, and fills in its blanks with what your Team and the Signer enter. Where a state's statute prints no lien waiver form, the Service fills in a waiver in words of our own, which we wrote from California's statutory forms and which the state's page on our website shows. The Service changes none of a form's words. Our website also summarizes what each state's statute says about lien waivers. The forms and the summaries are information, and we do not give legal advice: which form fits a payment, whether a Waiver is enforceable, and what your contract, an owner, a lender or a title company requires are yours to decide.
(c) Signatures. A Signer signs by drawing a signature on a screen. The Service keeps the signature with the form's words as signed, the name and title the Signer gave, the time, and the internet address and the browser's description of the device. We do not check that a Signer is who they say they are, or that a Signer has the authority to sign for a company. Each person or company that is given a signed Waiver decides for itself whether it accepts a signature made in the Service.
(d) A form with a notary or a witness. Where a state's form has a notary's block or a witness's line, the Service fills in the form for your Team to print, and the Signer signs it on paper.
(e) Your company's page. Anyone who has your page's address or one of its printed codes can open your page, see the jobs you list there, and start a Waiver for one of them. You choose which jobs and which forms your page shows.
(f) A Waiver made without an account. A person who was asked for a lien waiver may fill in and sign a form on the Service without signing up. These terms apply to that person as they apply to a Signer.
3. Your account
(a) The person who names your company in the Service is its owner. Until your company pays or holds a signed Waiver, another person who names the same company is added to it as an owner as well; we tell the first owner by email, and the first owner can remove that person.
(b) You are responsible for what happens under your company's account, including who has a sign-in, and for keeping sign-ins confidential.
(c) Tell us without delay at hello@waivers.construction if you believe someone outside your company has a sign-in they should not have.
4. Your Records
(a) Your Records are yours. We keep them for you as our privacy policy describes. A Signer may keep and use the copy of a Waiver that the Signer signed.
(b) You are responsible for what a Waiver says and for the decisions behind it: the job, its owner and its location, the parties, the amount, the dates, the form you chose, and whether a payment was made. The Service does not check that what your Team or a Signer enters is right.
(c) We do not edit a Waiver after it is signed. Your Team may make a new Waiver in its place.
5. Fees
(a) The price of the Service is on our pricing page and on the "Your plan" page inside the Service. You may start without paying. Before we charge you anything, we ask for a way to pay and tell you the amount, and you choose whether to pay it.
(b) Billing. A paid plan is a subscription by the year or by the month. Stripe, Inc. processes card payments for us, on its own page. You are billed in advance, and the subscription renews each year or each month at your plan's price until you cancel.
(c) Cancellation. You may cancel at any time from the "Your plan" page. A cancellation takes effect at the end of the period you paid for, and we do not refund partial periods.
(d) When a payment fails or a plan ends. Stripe tries a failed card again, and the "Your plan" page tells your owner. When a plan ends, your company returns to the free plan: new Waivers may pause, and every signed Waiver stays in your Records for your Team to download.
(e) Price changes. If the price changes for a company that already pays, we tell your owner by email before the subscription renews at the new price.
6. Using the Service
(a) You use the Service for your own company's jobs and payments. You do not use it to collect information you have no reason to collect, to sign for a person who has not agreed to it, to attempt to break into, overload or copy it, or to run it for a company that is not yours without that company's permission and ours.
7. Warranties and liability
(a) Availability. We run the Service so that a Signer can sign at any hour. If you cannot reach the Service when a Waiver is due, the form can be signed on paper.
(b) DISCLAIMER OF WARRANTIES. THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." WE DO NOT WARRANT THAT A FORM MEETS EVERY LAW, THAT A WAIVER WILL BE ENFORCED, OR THAT THE SERVICE SUITS EVERY JOB.
(c) LIMITATION OF LIABILITY. TO THE FULLEST EXTENT THE LAW ALLOWS, OUR TOTAL LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE IS LIMITED TO THE GREATER OF THE AMOUNTS YOU PAID US IN THE 12 MONTHS BEFORE THE EVENT THAT GAVE RISE TO THE CLAIM AND ONE HUNDRED U.S. DOLLARS, AND WE ARE NOT LIABLE FOR INDIRECT OR CONSEQUENTIAL DAMAGES.
(d) Indemnification. You defend and indemnify us against a claim brought against us by a Signer, an owner, a lender or any other third party because of what your company put in the Service or how it used the Service.
8. Ending
(a) You may stop using the Service at any time by writing to hello@waivers.construction.
(b) We may end an account that breaches these terms. Before we do, we tell you and give you time to download your Records, unless the breach makes that unsafe.
(c) When an account ends, your Team may download your signed Waivers for 30 days, and we may delete your Records after that.
9. General
(a) Governing law. The laws of the State of Texas govern these terms, without regard to its rules on conflicts of law.
(b) Disputes. Please write to us before bringing an action, so that we may try to resolve the matter. An action arising out of or relating to these terms or the Service is brought in the state or federal courts located in Travis County, Texas.
(c) Changes. We may change these terms. We post each change on this page, and we date the version at the top of the page with the latest change. Your use of the Service after we post a change is your acceptance of it.
(d) Severability. If a court holds a provision of these terms unenforceable, the rest remain in effect.
(e) Headings. The headings in these terms are for convenience and do not affect their meaning.
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