Terms of Service

Welcome to FormUp ("we," "us," "our"), a construction management application operated by FormUp LLC. By downloading, accessing, or using the FormUp mobile application or web dashboard (collectively, the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree, do not use the Service.

1. Eligibility & Account Registration

You must be at least 18 years old to create an account. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You agree to provide accurate, current, and complete information during registration.

2. Subscription Plans & Billing

FormUp offers subscription plans that provide access to premium features. Subscriptions are billed through Apple's App Store, Google Play, or directly and are subject to the respective platform's terms regarding auto-renewal, cancellation, and refunds.

• Subscriptions auto-renew unless canceled at least 24 hours before the end of the current billing period.
• Free trial periods, if offered, convert to paid subscriptions automatically unless canceled before the trial ends.
• Employees joining via an invite code do not require their own subscription; they are covered under their employer's plan.
• Referral credits are applied at our discretion and may be modified or discontinued at any time.

3. User Roles & Permissions

FormUp supports multiple user roles including Owner, Admin, Office, Manager, Estimator, Worker, and Client. Each role has different levels of access and capability within the Service. Company owners are responsible for managing roles and access for their team members.

4. Company & Team Management

Company owners may invite employees via invite codes. By accepting an invitation, employees agree to these Terms. Company owners are solely responsible for the accuracy of company information, employee data, and project details entered into the Service.

5. Time Tracking & Location Data

FormUp includes time clock functionality that may record GPS coordinates at clock-in and clock-out. This data is collected solely for the purpose of verifying work site attendance and is stored in your company's account.

• Location data is collected only when the employee actively clocks in or out.
• FormUp does not continuously track employee location.
• Employers are responsible for complying with applicable labor laws regarding time tracking and employee monitoring in their jurisdiction.

6. Invoicing & Payment Processing

FormUp allows users to generate invoices and, optionally, accept payments through third-party payment processors including Stripe, Square, and QuickBooks.

• Third-Party Processors: All payment processing is handled by third-party providers (Stripe, Inc.; Block, Inc. (Square); Intuit Inc. (QuickBooks)). FormUp does not process, store, or have access to credit card numbers or full bank account numbers.
• Payment Links: When using Stripe Connect, payment links are generated on the contractor's own Stripe account. Funds flow directly to the contractor's account — FormUp never holds or controls customer funds.
• Fees: Third-party payment processors may charge their own fees. FormUp may charge additional service fees, which will be disclosed before any transaction.
• Invoice Accuracy: You are solely responsible for the accuracy of invoices generated through the Service.

7. Payroll & Direct Deposit

FormUp provides payroll management tools including time tracking summaries, payroll exports, and optional direct deposit functionality.

• FormUp Is Not a Payroll Provider: FormUp is a tool that facilitates payment transfers. We do not calculate, withhold, or remit taxes, benefits, or any employment-related deductions. Employers are solely responsible for all tax obligations and labor law compliance.
• Direct Deposit: When enabled, direct deposits are processed through the employer's own Stripe account. Funds transfer directly from the employer's Stripe balance to the employee's bank account. FormUp does not hold, control, or have access to these funds at any time.
• Service Fees: FormUp charges a service fee per direct deposit transaction. This fee is charged to the employer's Stripe account.
• Bank Account Information: Employee bank account details (routing and account numbers) are transmitted securely to Stripe and tokenized. FormUp stores only a reference token and the last four digits of the account number for display purposes. Full bank account numbers are never stored in FormUp's systems.
• Employer Responsibility: Employers are responsible for verifying pay amounts, complying with minimum wage laws, overtime regulations, tax withholding requirements, and all other employment laws applicable in their jurisdiction.
• No Guarantee: FormUp does not guarantee the timing or success of any payment transfer. Failed transfers may result from insufficient funds, incorrect bank details, or Stripe processing issues.

8. Referral Program

FormUp may offer a referral program allowing users to earn subscription credits by referring new customers. Referral credits are subject to the following:

• Credits are awarded only for valid referrals that result in a new, active subscription.
• Self-referrals are prohibited.
• FormUp reserves the right to modify, suspend, or terminate the referral program at any time.
• Abuse of the referral program may result in forfeiture of credits and account suspension.

9. Content & Data Ownership

You retain ownership of all content you upload to FormUp, including photos, documents, project data, and company information. By using the Service, you grant FormUp a limited, non-exclusive license to store, process, and display your content solely for the purpose of providing the Service.

10. Photos & Media

FormUp allows users to capture and upload photos for project documentation, daily reports, estimates, and invoicing. Photos are stored securely and associated with your company account. You represent that you have the right to capture and upload any photos submitted to the Service.

11. Client Portal Access

Contractors may invite homeowners or clients to view project progress through the Service. Client access is read-only and limited to projects they have been explicitly granted access to. Contractors are responsible for obtaining appropriate consent before sharing project information with clients.

12. Integrations

FormUp integrates with third-party services including Stripe, Square, QuickBooks, and others. When you connect a third-party account:

• You authorize FormUp to access your third-party account as needed to provide the Service.
• Your use of third-party services is subject to their respective terms and privacy policies.
• FormUp is not responsible for the availability, accuracy, or security of third-party services.
• You may disconnect integrations at any time through the settings.

13. Prohibited Conduct

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable laws.
• Attempt to gain unauthorized access to other users' accounts or data.
• Reverse engineer, decompile, or disassemble the Service.
• Use the Service to transmit malware, spam, or other harmful content.
• Abuse the referral program or create fraudulent accounts.
• Use the Service to circumvent employment, tax, or labor laws.

14. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. FORMUP DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. FORMUP IS NOT A FINANCIAL INSTITUTION, PAYROLL PROVIDER, OR TAX ADVISOR. YOU ARE SOLELY RESPONSIBLE FOR ENSURING COMPLIANCE WITH ALL APPLICABLE LAWS AND REGULATIONS.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FORMUP SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES, ARISING FROM YOUR USE OF THE SERVICE. FORMUP'S TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

16. Indemnification

You agree to indemnify and hold FormUp harmless from any claims, damages, losses, or expenses (including attorneys' fees) arising from your use of the Service, your violation of these Terms, or your violation of any applicable law, including but not limited to employment and tax laws.

17. Account Termination

We may suspend or terminate your account at our sole discretion for violation of these Terms or for any reason with reasonable notice. Upon termination, your right to use the Service ceases immediately. You may request export of your data within 30 days of termination.

18. Changes to Terms

We may update these Terms from time to time. Material changes will be communicated through the Service or via email. Continued use of the Service after changes are posted constitutes acceptance of the revised Terms.

19. Governing Law & Disputes

These Terms are governed by the laws of the State of New Jersey, without regard to conflict of law principles. Any disputes shall be resolved through binding arbitration in New Jersey in accordance with the rules of the American Arbitration Association.

20. Contact

For questions about these Terms, contact us at:
Email: support@useformup.com
Website: useformup.com