Terms of Service

Agreement to Terms

By accessing and using the Ask Caleb Tech client portal (the "Portal"), you ("Client," "you," or "your") agree to be bound by these Terms of Service ("Terms"). These Terms constitute a legally binding agreement between you and Ask Caleb Tech LLC ("we," "us," or "our").

If you do not agree to these Terms, please do not use the Portal.

Portal Description

The Portal is a secure platform that provides clients with access to:

• Project dashboards and progress tracking
• Document storage and sharing via Google Drive integration
• Communication tools for project-related discussions
• Payment processing for invoices and change requests
• Change request submission and approval system

Account Registration and Security

Registration

• You must provide a valid email address to create an account
• You are responsible for maintaining accurate account information
• Each account is for the exclusive use of the registered client

Security

• Access is provided through secure magic links sent to your registered email
• You are responsible for maintaining the security of your email account
• You must immediately notify us of any unauthorized use of your account
• Do not share your account access with unauthorized individuals

Acceptable Use

Intellectual Property Rights

Your Content

• You retain ownership of all project materials, documents, and content you provide
• You grant us a limited license to use your content solely to provide Portal services
• We will not use your proprietary information for any other purpose without permission

Our Property

• The Portal, including its design, functionality, and underlying code, is our intellectual property
• All service methodologies, processes, and deliverables created by us remain our property
• You receive a limited, non-exclusive license to use deliverables for your business purposes

Third-Party Content

• Some Portal features integrate with third-party services (Google Drive, payment processors)
• Use of these services is subject to their respective terms and conditions

Payment Terms

Integration with Service Agreements

• Payment processing through the Portal is governed by your executed service agreement
• Portal payment features are provided for convenience and do not modify existing contracts
• All payment terms, including rates and schedules, are as specified in your service agreement

Payment Processing

• Credit card payments are processed securely through Stripe
• ACH/bank transfers are processed through Helcim
• We do not store your payment card or bank account information
• All transactions are subject to the terms of our payment processors

Invoicing and Changes

• Invoices and change requests can be processed through the Portal
• Change requests require written approval before work commences
• Additional work outside the original scope may incur additional charges

Service Availability and Support

Portal Availability

• We strive to maintain Portal availability but cannot guarantee 100% uptime
• Scheduled maintenance will be announced in advance when possible
• We are not liable for temporary service interruptions or downtime

Technical Support

• Portal support is provided during regular business hours
• We will make reasonable efforts to resolve technical issues promptly
• Support does not extend to issues with your devices, internet connection, or email provider

Data and Privacy

Data Protection

• Your use of the Portal is governed by our Privacy Policy
• We implement reasonable security measures to protect your information
• You are responsible for backing up any critical data you store in the Portal

Data Retention

• Project data is retained according to our Privacy Policy
• You may request data deletion subject to business and legal requirements
• We reserve the right to retain data necessary for legal compliance

Limitation of Liability

Service Limitations

• The Portal is provided "as is" without warranties of any kind
• We disclaim all warranties, whether express or implied, including merchantability and fitness for a particular purpose
• We do not warrant that the Portal will be error-free or uninterrupted

Liability Limits

• Our total liability for any claim related to the Portal shall not exceed the amount paid by you for services in the preceding 12 months
• We are not liable for indirect, incidental, special, or consequential damages
• This limitation applies regardless of the legal theory of the claim

Exceptions

• Nothing in these Terms limits our liability for fraud, gross negligence, or intentional misconduct
• Some jurisdictions do not allow certain liability limitations, so these may not apply to you

Termination

By You

• You may request termination of your Portal access at any time
• Termination of Portal access does not affect your obligations under existing service agreements
• You remain responsible for any unpaid invoices or fees

By Us

• We may suspend or terminate your access for violation of these Terms
• We may terminate the Portal with 30 days' written notice
• We reserve the right to immediately suspend access for security reasons or legal compliance

Effect of Termination

• Upon termination, your access to the Portal will cease
• We will provide reasonable assistance in retrieving your data for 30 days after termination
• Certain provisions of these Terms survive termination, including intellectual property and limitation of liability clauses

Dispute Resolution

Governing Law

• These Terms are governed by the laws of the State of Michigan
• Any disputes will be resolved in the courts of Genesee County, Michigan

Informal Resolution

• Before initiating formal proceedings, parties agree to attempt good faith resolution of disputes
• Contact us at caleb@askcalebtech.com to discuss any concerns

Changes to Terms

Modifications

We may update these Terms to reflect changes in our services or legal requirements. Material changes will be communicated through:

• Email notification to your registered address
• Notice posted in the Portal
• Updated Terms posted with a new effective date

Continued Use

• Your continued use of the Portal after changes constitutes acceptance of the updated Terms
• If you do not agree to changes, discontinue use of the Portal

General Provisions

Entire Agreement

• These Terms, together with our Privacy Policy and your service agreement, constitute the entire agreement regarding Portal use
• These Terms do not modify or replace your existing service agreements

Severability

• If any provision of these Terms is found invalid or unenforceable, the remaining provisions will continue in effect

Assignment

• You may not assign your rights under these Terms without our written consent
• We may assign our rights and obligations under these Terms without restriction

Force Majeure

• We are not liable for delays or failures due to circumstances beyond our reasonable control

Contact Information

For questions about these Terms or the Portal, contact us: