Terms of Service

These Terms of Service (“Terms”) are a binding agreement between63 SOLUTIONS INC, a corporation organized under the laws of Illinois (“63 SOLUTIONS INC”, “we”, “us”, or “our”), and the business that signs up for an account (“you” or “Customer”), governing access to and use of fellowpros.com, our web application, our field-tech mobile app, and related services (together, the “Service”).Fellow Pros is the product name; 63 SOLUTIONS INC is the company that operates, develops, and supports it.

By creating an account, clicking to accept, or using the Service, you agree to these Terms. If you are accepting on behalf of a company, you represent that you have authority to bind that company. The Service is offered for business use only — it is not a consumer product.

Our Privacy Policy is incorporated into these Terms by reference.

1. The Service

Fellow Pros is a field-service management platform for appliance repair businesses, made up of a back-office web application and an installable field-tech mobile app. Depending on your plan, it includes customer records, lead capture, scheduling, estimates, jobs, invoices, a price book, online payment collection, inventory, purchasing, team roles and permissions, notifications, and an activity log. Where enabled, it also lets your team call and text your customers from a dedicated business phone number.

We may add, change, or discontinue features over time. We will not materially reduce the core functionality of a paid plan during a term you have already paid for without notice.

2. Accounts, users, and eligibility

• You must be at least 18 years old and legally able to enter contracts.
• You must provide accurate account and business information and keep it current.
• You are responsible for all activity under your account, including the acts and omissions of team members you invite (owners, admins, dispatchers, sales staff, and technicians).
• You are responsible for assigning appropriate roles and permissions, for keeping login credentials confidential, and for promptly removing access for departed team members.
• Notify us immediately at hello@fellowpros.com if you suspect unauthorized access.

3. License and restrictions

Subject to these Terms and your payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Service for your own internal business purposes during your subscription term. We reserve all rights not expressly granted.

You may not, and may not permit anyone else to:

• Copy, modify, translate, or create derivative works of the Service.
• Reverse engineer, decompile, or attempt to derive the source code, except where that restriction is prohibited by law.
• Resell, sublicense, rent, or provide the Service to third parties as a service bureau, except as we expressly authorize in writing.
• Circumvent or attempt to breach security, access another tenant’s data, or probe or scan the Service without our written permission.
• Use automated means to scrape or extract data at a volume that burdens the Service.
• Use the Service to build a competing product.

4. Your data

Ownership

You own the data you and your team put into the Service — including your customer records, service addresses, leads, jobs, estimates, invoices, price book entries, inventory records, purchase orders, and uploaded files (“Customer Data”). We claim no ownership of it.

Our license to operate

You grant us a limited license to host, store, transmit, display, and process Customer Data solely as needed to provide, secure, support, and maintain the Service for you, and as otherwise permitted by ourPrivacy Policy. We do not sell your Customer Data.

Your responsibilities

You are responsible for the accuracy and legality of Customer Data and for having the rights and any consents needed to store it in the Service and to have us process it on your behalf. You are the controller of that data; we act as your processor. See ourPrivacy Policy for detail.

Backups and export

[TODO: state your actual backup practice and whether self-service export exists. Do not promise backups or an export tool that isn’t built.]

5. Communications you send through the Service

You are the sender

The Service lets you reach your own customers — branded emails and documents (estimates, invoices, receipts, PDFs), an embeddable lead-capture form for your website, and, where enabled, calls and text messages from a dedicated business phone number. Whenever you use any of these, you are the sender and the initiator of the communication, not 63 SOLUTIONS INC. You are solely responsible for:

• Having a lawful basis and any required consent to contact the recipient, and keeping records that prove it.
• Complying with applicable communications and marketing laws, including the Telephone Consumer Protection Act (TCPA), the Telemarketing Sales Rule, federal and state Do-Not-Call rules, CAN-SPAM, and any state equivalents.
• The content and accuracy of what you send, including prices, terms, and warranty statements in your estimates and invoices.
• Honoring opt-out, unsubscribe, and stop requests promptly.

Your dedicated business phone number

We can provision a dedicated phone number for your business through our telephony provider, Twilio, so your team can call and text customers from a single number. If you use it:

• The number is licensed, not sold. It is provisioned to you for use with the Service during your subscription. You do not own it, and 63 SOLUTIONS INC does not guarantee that any particular number will remain available.
• Porting. [TODO: decide and state whether a customer may port a number in, and whether they may port it out on cancellation. Porting-out is a common and reasonable expectation once a business has printed a number on trucks and invoices; refusing it is a real source of disputes. Counsel to confirm what Twilio's terms allow.]
• Reclamation. We may reclaim or release a number if your account is cancelled, suspended for non-payment, or the number goes unused. [TODO: specify the inactivity window and the notice given before reclamation.]
• Fees. [TODO: state how calling/texting is billed — included in a plan, metered per message/minute, or a separate add-on — and who bears carrier surcharges and A2P registration fees. Keep in sync with the pricing page.]
• Availability. Calling and texting depend on Twilio and on carrier networks. Delivery, latency, and availability are outside our control, and messages may be filtered or blocked by carriers.

Consent, opt-outs, and registration

• You may contact a customer by call or text only where you have the consent required by law for that type of message. Prior express written consent is required for marketing messages sent using an automatic telephone dialing system or a prerecorded voice.
• You must honor opt-out requests immediately, including standard keywords such as STOP, and must support HELP. [TODO: confirm which keyword handling is implemented automatically by the platform versus left to the customer — state it plainly, because customers will assume the platform handles it.]
• You must identify your business in your messages and observe applicable calling-time restrictions.
• Carrier registration (A2P 10DLC). US carriers require application-to-person messaging traffic to be registered to a brand and campaign. You agree to provide accurate business information for registration and acknowledge that unregistered or misregistered traffic may be filtered, surcharged, or blocked by carriers, and that registration is not guaranteed.
• You may not use the Service to send messages prohibited by carrier or industry rules — including content relating to sex, hate, alcohol, firearms, or tobacco, and high-risk financial, debt-collection, or similarly restricted content — regardless of whether the recipient consented.

Call recording

[TODO: confirm whether call recording will ship. If it does not, delete this subsection and the matching one in the Privacy Policy rather than leaving it hypothetical.] Where recording or voicemail is available and you enable it, you are solely responsible for providing any legally required notice and obtaining any legally required consent before recording. Several states — including Illinois and California — require the consent of all parties to a call, and calls that cross state lines can implicate more than one state’s law. 63 SOLUTIONS INC does not determine what notice or consent your business needs and does not provide legal advice on it.

Not a telephone service; no emergency calling

The calling and texting feature is business software layered on a third-party telephony provider. It is not a replacement for traditional telephone service, and it does not support calls to 911 or other emergency services. Do not rely on it to reach emergency services. You are responsible for maintaining a separate means of placing emergency calls and for making your team aware of this limitation.

Messages from us

We may send you service-related messages (account, billing, security, and transactional notifications, plus mobile web-push notifications you have enabled). These are part of the Service and are not marketing; you can’t opt out of essential service messages while your account is active.

6. Plans, fees, and billing

• Plans. The Service is offered in tiers (Trial, Pro, and Ultra), described on our pricing page. Certain features — including inventory and purchasing — are available only on higher tiers.
• Trial. [TODO: state the trial length, what happens at the end, and whether a card is required up front. Keep in sync with the pricing page.]
• Fees and cadence. [TODO: state real prices, billing cadence (monthly/annual), and whether pricing is per-user or flat. Keep in sync with pricingTiers on the pricing page.]
• Auto-renewal. Subscriptions renew automatically for successive terms unless cancelled before the end of the current term. [TODO: confirm renewal mechanics and any advance-notice requirements under applicable auto-renewal laws — several states, including California, have specific disclosure and cancellation rules.]
• Cancellation. [TODO: describe how to cancel and when cancellation takes effect.]
• Refunds. [TODO: state your refund policy. If fees are non-refundable, say so plainly.]
• Price changes. We may change fees for future terms with prior notice. [TODO: specify notice period, e.g. 30 days.]
• Late or failed payment. If a charge fails or an amount is past due, we may suspend access until it is resolved. [TODO: state any late fee, and give notice before suspension.]
• Usage-based charges. [TODO: if calling and texting are metered or sold as an add-on, state how usage is measured and billed, and whether carrier surcharges and A2P registration fees are passed through. Keep in sync with section 5 and the pricing page.]
• Taxes. Fees are exclusive of applicable sales, use, or similar taxes, which you are responsible for except for taxes on our income. [TODO: telecom services can carry their own federal/state surcharges (e.g. USF) and taxability rules distinct from SaaS — counsel to advise once calling/texting pricing is set.]

7. Payments you collect from your customers

The Service integrates with Stripe (via Stripe Connect) so you can accept online card payments from your customers, take partial payments against a balance, apply store credit, and generate receipts. The following applies to that functionality:

• Stripe is the payment processor; you are the merchant. 63 SOLUTIONS INC is not a bank, money transmitter, or payment processor, and is not a party to the transaction between you and your customer.
• Separate agreement. Using payments requires you to accept Stripe’s own terms (including the Stripe Connected Account Agreement) and to complete Stripe’s onboarding and identity verification. Stripe may approve, limit, hold, or decline your account under its own rules, and we have no control over those decisions.
• Payouts. Funds settle from Stripe to the bank account you designate, on Stripe’s schedule and subject to Stripe’s holds and reserves. We do not hold your funds.
• Chargebacks, disputes, and refunds. You are solely responsible for refunds you issue, chargebacks against your account, and any associated fees, and for resolving disputes with your own customers.
• Fees. Stripe’s processing fees apply and are set by Stripe. [TODO: state whether 63 SOLUTIONS INC adds any fee of its own, or charges nothing on top. Say so explicitly either way — this is a common point of confusion.]
• Your obligations. You are responsible for complying with card network rules and applicable law, including any rules on surcharging, and for the legality of what you charge for.

8. Sales tax, pricing, and no professional advice

The price book supports taxable flags and the Service can calculate line items and totals based on the settings you configure. Those are tools — not tax determinations. You remain solely responsible for the rates you configure, for charging the correct tax, and for collecting, reporting, and remitting it.

Nothing in the Service or on this site is legal, tax, accounting, employment, or financial advice. Consult your own professionals.

9. Acceptable use

You agree not to use the Service to:

• Violate any law or regulation, or infringe anyone’s rights.
• Store or transmit malware, or interfere with the operation of the Service.
• Attempt to access data belonging to another business using the Service.
• Send unsolicited bulk messages, or harass, defraud, or deceive anyone.
• Send calls or texts without the consent required by law, place robocalls or autodialed marketing calls, spoof or misrepresent caller ID, or use a number assigned to you for bulk marketing, lead-generation, or messaging on behalf of another business.
• Store data types the Service is not designed for — including payment card numbers entered into free-text fields, government ID numbers, or health information.
• Reverse engineer, resell, or misuse the Service as described in Section 3.

We may investigate suspected violations and may suspend access to address an active security, legal, or abuse issue.

10. Intellectual property

The Service, including its software, design, documentation, and theFellow Pros name and logo, is owned by 63 SOLUTIONS INC and protected by intellectual property laws. These Terms grant you a right to use the Service, not any ownership interest in it.

If you send us feedback, ideas, or suggestions, we may use them without obligation or compensation to you.

11. Third-party services

The Service relies on third-party providers — including Stripe for payments, Twilio and mobile carriers for calling and texting, plus hosting and email delivery providers. Your use of those services may be subject to their terms, including Twilio’s acceptable use and messaging policies. We are not responsible for third-party services, their availability, or their acts and omissions.

12. Confidentiality

Each party may receive non-public information from the other. Each party agrees to protect the other’s confidential information with at least reasonable care and to use it only as needed under these Terms, except where disclosure is required by law.

13. Term, suspension, and termination

• These Terms apply for as long as you have an account.
• You may cancel at any time as described in Section 6.
• We may suspend or terminate your account for material breach, non-payment, or unlawful use. Except in urgent cases, we will give notice and a chance to cure. [TODO: specify a cure period, e.g. 10 days.]
• On termination, your access ends and we may delete Customer Data after a retention window. [TODO: state the window — e.g. “30 days to export your data, after which it may be permanently deleted” — and keep it consistent with the retention section of the Privacy Policy.]
• Phone numbers on termination. Any number provisioned to you is released and may be reassigned. Call logs, messages, and recordings are subject to the same retention window as other Customer Data. [TODO: state the porting-out window here and keep it consistent with section 5.]
• Sections on your data, IP, disclaimers, limitation of liability, indemnification, and dispute resolution survive termination.

14. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT IT WILL MEET YOUR REQUIREMENTS.

We are not a party to, and take no responsibility for, the service work, estimates, warranties, or agreements between you and your own customers.

15. 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, REVENUE, DATA, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS WILL NOT EXCEED THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE [TODO: 6 OR 12] MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO PARTS OF THIS SECTION MAY NOT APPLY TO YOU.

16. Indemnification

You agree to defend, indemnify, and hold us harmless from third-party claims and resulting losses arising out of your Customer Data, your use of the Service, communications you send through the Service, your dealings with your own customers, or your violation of these Terms or applicable law. This expressly includes claims arising from calls, text messages, or recordings you make or send through the Service — including claims under the TCPA, state telemarketing or Do-Not-Call statutes, and state wiretap or call-recording laws — and from the accuracy of the business information you provide for carrier registration.

17. Dispute resolution and governing law

[TODO: counsel to draft. 63 SOLUTIONS INC is organized inIllinois, which is the presumptive choice for governing law and venue. Remaining decisions: (a) confirm governing law and exclusive venue; (b) whether to require binding arbitration; (c) whether to include a class-action waiver and a jury-trial waiver; (d) whether to require informal resolution first. Do not publish this section as boilerplate — arbitration clauses have strict enforceability and notice requirements that vary by state.]

18. Changes to these Terms

We may update these Terms. We will update the “Last updated” date above and, for material changes, give notice [TODO: describe how — e.g. email or in-app notice — and how far in advance]. Continuing to use the Service after changes take effect means you accept the updated Terms.

19. General

• Entire agreement. These Terms and the Privacy Policy are the entire agreement between us regarding the Service.
• Assignment. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.
• Severability. If any provision is unenforceable, the rest stays in effect.
• No waiver. Failing to enforce a provision is not a waiver of it.
• Force majeure. Neither party is liable for delays caused by events beyond its reasonable control.
• Independent contractors. These Terms do not create a partnership, joint venture, employment, or agency relationship.
• Notices. We may send notices to the email on your account. Send notices to us at hello@fellowpros.com.

20. Contact

Questions about these Terms? Email hello@fellowpros.com, or write to us at:

63 SOLUTIONS INC
4438 Edinburg Ln, Hanover Park, IL 60133