Last updated: July 2026
This summary highlights certain provisions of these Terms. It is not a substitute for reading the full Terms. By using SepticCycle, you agree to all of the Terms below, not just this summary.
These Terms of Service (“Terms”) govern your access to and use of the SepticCycle platform and website at www.septiccycle.com (the “Service”), operated by SepticCycle (“we,” “us,” or “our”). By creating an account, checking the “I agree to the Terms of Service, Privacy Policy, Data Processing Addendum, Acceptable Use Policy, and SMS Terms & Conditions” checkbox, and clicking “Create account,” you agree to be bound by these Terms and each of the incorporated documents identified below.
These Terms incorporate the following documents by reference, each of which forms part of the agreement between you and SepticCycle: (i) our Privacy Policy at www.septiccycle.com/privacy; (ii) our Data Processing Addendum at www.septiccycle.com/dpa; (iii) our Acceptable Use Policy at www.septiccycle.com/acceptable-use; and (iv) our SMS Terms & Conditions at www.septiccycle.com/sms-terms (collectively with these Terms, the “Agreement”). In the event of a conflict between these Terms and any incorporated document, these Terms shall control, except that the Data Processing Addendum shall control with respect to the processing of personal data.
If you are using the Service on behalf of a business or organization, you represent that you have the authority to bind that entity to these Terms. These Terms constitute a legally binding agreement between you and SepticCycle.
SepticCycle is a software-as-a-service (SaaS) platform designed for septic, grease-trap, and portable-sanitation service companies. The Service provides tools for customer management, property and tank tracking, job scheduling, contract management, invoicing, payment processing, compliance tracking, and related business operations.
To use the Service, you must create an account and provide accurate, complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized access to or use of your account. We may suspend or terminate your account if we reasonably believe it has been compromised or used in violation of these Terms.
4.1 Subscription. The Service is offered on a monthly subscription basis. By subscribing, you agree to pay the applicable fees as displayed on our website at the time of purchase. Subscriptions are billed monthly in advance. All fees are in U.S. dollars and are non-refundable except as required by law. If payment fails, we may suspend access to the Service until payment is received.
4.2 Platform Fee. In addition to the base subscription fee, a monthly Platform Fee is added to each subscription invoice. The Platform Fee is a flat fee that applies to all subscribers regardless of payment method and is displayed in your billing settings and on each subscription invoice. Like the base subscription fee, the Platform Fee is non-refundable except as required by law.
4.3 Pricing Changes.We may change our pricing with 30 days’ written notice. Continued use after a price change constitutes acceptance of the new pricing, subject to Section 4.4 (Founding Customer Rate Lock).
4.4 Founding Customer Rate Lock.If you qualify as a Founding Customer under the Founding Customer Agreement at www.septiccycle.com/founding-customer, your base subscription fee is locked at the rate in effect when you first subscribed for as long as you maintain an active, continuously paid subscription. The Founding Customer rate lock applies only to the base subscription fee and does not apply to: (i) the Platform Fee; (ii) metered usage charges (including SMS usage); (iii) taxes, government-imposed fees, or surcharges; or (iv) third-party fees or pass-through costs outside SepticCycle’s control that arise or increase after the date of your first subscription. If your subscription lapses for non-payment or is cancelled and later restarted, the rate lock terminates and you will be billed at the then-current rate. The complete terms governing Founding Customer eligibility, rate-lock duration, termination, and transferability are set forth in the Founding Customer Agreement.
4.5 Free Trial. We may offer a free trial period. No credit card or payment method is required to start a trial. At the end of the trial period, your account will be paused and access to paid features will be suspended. To continue using the Service after the trial, you must affirmatively add a valid payment method, select a subscription plan, and confirm your subscription through the Service. No charges will be incurred, and no subscription will begin, unless you take these affirmative steps. If you do not add a payment method and confirm a subscription before or after the trial expires, your account will remain in a paused state and you will not be charged.
4.6 Automatic Renewal; Cancellation. Your subscription automatically renews each month. At the start of each monthly billing period, the then-current monthly fees, including the base subscription fee and the Platform Fee described in Section 4.2, will be charged to the payment method on file, and renewals will continue until you cancel. The renewal amount is shown in your billing settings before each renewal. You may cancel at any time through your account settings or by contacting support@septiccycle.com, using a method at least as simple as the steps required to subscribe. Cancellation takes effect at the end of your current billing period, after which no further charges will be made except for amounts already due.
4.7 Collection Costs.If you fail to pay any amount when due, you are responsible for the reasonable costs SepticCycle incurs to collect that amount, in addition to the amount owed. These costs may include reasonable attorneys’ fees, collection agency fees, court or arbitration costs, and interest on the past-due amount at the lower of 1.5% per month or the maximum rate permitted by law.
4.8 Billing Disputes. If you believe you have been charged in error, you must notify us at support@septiccycle.com within sixty (60) days after the date of the charge, or within any longer period required by applicable law. Charges not disputed within that period are considered final, except where applicable law provides otherwise.
5.1 General Prohibitions. Your use of the Service is also subject to our Acceptable Use Policy at www.septiccycle.com/acceptable-use, which is incorporated into these Terms by reference. You agree not to: (i) use the Service for any unlawful purpose or in violation of any applicable laws or regulations; (ii) share your account credentials with unauthorized parties; (iii) attempt to gain unauthorized access to the Service or its related systems; (iv) interfere with or disrupt the Service or servers or networks connected to the Service; (v) reverse engineer, decompile, disassemble, or create derivative works from any part of the Service; (vi) use the Service to transmit harmful, offensive, illegal, or infringing content; (vii) resell, sublicense, rent, lease, or redistribute access to the Service without our prior written consent; (viii) use the Service in any manner that could damage, disable, overburden, or impair the Service; (ix) upload, input, or store protected health information as defined by HIPAA, medical records, health diagnoses, treatment information, or insurance information into the Service; or (x) use the Service to apply surcharges or fees to debit, prepaid, or non-card payment methods, or to apply surcharges exceeding your actual cost of card acceptance or applicable card network limits, or to apply surcharges without proper disclosure to your customers, in each case in violation of applicable law or card network rules.
5.2 Regulated Data Prohibition. The Service is not designed to store, process, or transmit data subject to specific regulatory frameworks, including but not limited to protected health information under HIPAA, payment card data subject to PCI DSS (which is handled exclusively by Stripe), or data subject to ITAR or EAR. You are solely responsible for ensuring that data you input into the Service does not include regulated data prohibited by this Section. If we discover regulated data has been input in violation of this Section, we reserve the right to delete it and suspend the affected account.
5.3 Account Security. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account, including activity by any users you invite or authorize. You agree to use a strong, unique password and to notify us promptly at support@septiccycle.com of any unauthorized access to or suspected compromise of your account. While we maintain reasonable safeguards, no method of transmitting information over the internet is completely secure, and we cannot guarantee the security of information transmitted to or from the Service. You are responsible for the actions of any administrative or other users you add to your account and for any charges they incur.
You retain all rights to the data you input into the Service (“Your Data”). You grant SepticCycle a worldwide, non-exclusive, royalty-free license to use, process, store, and display Your Data solely as necessary to provide and maintain the Service. This license is sublicensable solely to our subprocessors listed at www.septiccycle.com/subprocessors, and only to the extent necessary for each subprocessor to perform its designated function in connection with the Service.
6.1 You are solely responsible for the accuracy, quality, legality, and integrity of Your Data.
6.2 We will not access, use, or share Your Data except as necessary to provide the Service, comply with law, or as described in our Privacy Policy and Data Processing Addendum.
6.3 Your Data is logically isolated from other customers using row-level security policies.
6.4 You may export Your Data at any time through the Service.
6.5 Upon account termination, you may export Your Data using the Service’s export functionality for a period of thirty (30) days following the termination effective date. We will delete Your Data within 90 days of the termination effective date unless legally required to retain it. Residual copies in encrypted backups may persist beyond the 90-day deletion window but will not be actively processed and will be overwritten in the ordinary backup rotation cycle.
SepticCycle is not a Covered Entity or Business Associate under HIPAA. We will not enter into a Business Associate Agreement. You are responsible for ensuring that data you input into the Service does not include protected health information as defined by HIPAA. If an operator is discovered to have entered protected health information in violation of Section 5, SepticCycle reserves the right to delete such data and suspend the account. Service note fields are provided for service-related operational notes only and must not be used to record medical, health, or insurance information.
The Service integrates with Stripe for payment processing. When you connect your Stripe account and accept payments through the Service:
8.1 Payments from your customers are processed through Stripe and settled to your connected Stripe account, net of the fees described in Section 8.5. Stripe then pays those funds out to your bank account on its standard payout schedule.
8.2 You are responsible for complying with Stripe’s terms of service and applicable payment regulations.
8.3 Payments are processed through Stripe, which is the licensed payment processor for the Service.Funds are settled to your connected Stripe account, less the fees described in Section 8.5, and are paid out to your bank account by Stripe. SepticCycle does not independently hold, custody, or move your funds or your customers’ funds; all custody and transmission of funds is performed by Stripe under its own licenses. SepticCycle does not act as a money transmitter.
8.4 Payment Processing Fees.Stripe’s standard payment processing fees are separate from SepticCycle’s own fees and are set by Stripe, not by SepticCycle. For each payment, however, Stripe’s processing fee and SepticCycle’s Per-Transaction Service Fee are collected together as the single amount deducted under Section 8.5, and are not billed to you separately by Stripe.
8.5 Per-Transaction Fee. When you accept payments from your customers through the Service, an amount is deducted from each payment before the remaining funds are transferred to your connected account. This amount consists of: (i) the payment processing cost for the payment method used, which SepticCycle applies to recover the fees charged by our third-party payment processor and which varies by payment method (for example, card and bank/ACH payments are priced differently) and by transaction amount; and (ii) a fixed Per-Transaction Service Fee of $0.01 (one cent) retained by SepticCycle for use of the platform. The current rates used to calculate the processing-cost portion are 2.9% plus $0.30 per card transaction and 0.8% capped at $5.00 per bank (ACH) transaction. The exact amount deducted is determined at the time of each payment based on the payment method and the transaction amount. The Per-Transaction Service Fee is separate from the monthly Platform Fee described in Section 4.2.
9.1 Feature Description.The Service includes an optional feature that lets you recover your card payment processing costs by adding a credit card surcharge or convenience fee to payments collected from your customers (“Surcharge Feature”). Whether to use this feature is entirely your choice. You may enable it to pass card processing costs to your customer as a surcharge, or leave it disabled and absorb those costs yourself, in which case no surcharge is added to your customers’ payments. This feature is provided as a tool; enabling it constitutes your representation that you have independently verified your compliance obligations.
9.2 Your Compliance Obligations. If you enable the Surcharge Feature, you are solely responsible for compliance with all applicable laws, card network rules (including Visa and Mastercard rules), and payment processor requirements. Your obligations include, without limitation: (i) registering with applicable card networks through your payment processor before surcharging, where required; (ii) not applying a surcharge to debit, prepaid, or non-card payment methods; (iii) not exceeding the lesser of your actual cost of card acceptance or the applicable card network cap (currently 3% of the transaction amount); (iv) clearly disclosing the surcharge amount to your customer at the point of sale and on receipts or invoices; and (v) complying with all state and local laws governing surcharges in every jurisdiction where you operate.
9.3 Compliance Tools. The Service may provide tools intended to assist you in applying surcharges within applicable limits. Any such tools are provided as a convenience only, do not guarantee compliance, and do not relieve you of your independent obligations under Section 9.2. You remain solely responsible for ensuring that any surcharge you apply complies with applicable law and card network rules, including any applicable cap and any restrictions on surcharging debit, prepaid, or other payment methods.
9.4 Indemnification for Surcharge Activity.You agree to indemnify, defend, and hold harmless SepticCycle from and against any and all claims, fines, penalties, assessments, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from or relating to your use of the Surcharge Feature, including but not limited to card network fines, regulatory penalties, and claims by your customers.
The Service sends transactional emails on your behalf (invoices, appointment reminders, payment confirmations). By using these features, you represent that: (i) you have the right to send emails to the recipients you specify; (ii) you will comply with all applicable anti-spam laws (including CAN-SPAM); and (iii) you will not use the email features to send unsolicited commercial messages.
The Service includes optional SMS messaging features that allow you to send text messages to your customers (appointment reminders, job notifications, payment links, and similar communications). SMS features are also subject to our SMS Terms & Conditions at www.septiccycle.com/sms-terms. SMS usage is billed as a metered add-on, separate from the base subscription fee.
11.1 SMS charges are based on the number of messages sent each billing period. Your charge will vary from month to month depending on usage.
11.2 The per-message rate applicable to your account is displayed in your account settings and on each subscription invoice.
11.3 SMS usage charges are billed monthly in arrears and appear as a separate line item on your SepticCycle subscription invoice.
11.4 SMS features are subject to carrier filtering, message throughput limits, and applicable regulations including the Telephone Consumer Protection Act (TCPA). You are responsible for obtaining proper consent from recipients before sending SMS messages through the Service.
11.5 You may disable SMS features at any time through your account settings. Disabling SMS will stop future message sending and future usage charges, but charges already incurred in the current billing period remain due.
11.6 We are not responsible for message delivery failures caused by carrier filtering, recipient opt-outs, invalid phone numbers, or other factors outside our control.
12.1 Duty to Report Errors and Defects. You agree to promptly notify SepticCycle of any error, defect, bug, malfunction, data discrepancy, or unexpected behavior in the Service (each a “Service Issue”) within thirty (30) days of the date you first become aware, or reasonably should have become aware, of the Service Issue. Notification must be sent in writing to support@septiccycle.com and must include sufficient detail to enable SepticCycle to investigate and reproduce the issue, including the affected account, a description of the issue, the date and time the issue was first observed, the steps to reproduce, and any error messages or screenshots.
12.2 Cooperation in Investigation and Remediation.You agree to cooperate reasonably and in good faith with SepticCycle’s efforts to investigate, reproduce, and resolve any reported Service Issue, including providing reasonable access to relevant account data, system logs, and supporting materials upon SepticCycle’s reasonable request.
12.3 Duty to Mitigate. Upon becoming aware of any Service Issue, you shall take commercially reasonable steps to mitigate any potential damages or harm arising from the Service Issue. This includes, without limitation: (i) discontinuing use of the affected feature where reasonable alternatives exist; (ii) implementing any manual workarounds provided or recommended by SepticCycle; and (iii) not relying on the affected feature for critical or time-sensitive operations until the issue is resolved.
12.4 Effect of Failure to Report.IF YOU FAIL TO REPORT A SERVICE ISSUE WITHIN THE 30-DAY PERIOD DESCRIBED IN SECTION 12.1, YOUR RIGHT TO RECOVER DAMAGES ARISING FROM THAT SERVICE ISSUE MAY BE LIMITED TO THE EXTENT THAT SEPTICCYCLE WAS PREJUDICED BY THE DELAY IN REPORTING. THIS LIMITATION DOES NOT APPLY TO CLAIMS ARISING FROM SEPTICCYCLE’S FRAUD, INTENTIONAL MISREPRESENTATION, GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT, AND DOES NOT WAIVE ANY RIGHTS THAT CANNOT BE WAIVED UNDER APPLICABLE LAW.
12.5 Continued Use After Notice of Defect.If you continue to use any feature of the Service after becoming aware of a Service Issue affecting that feature, and after SepticCycle has provided written notice of a workaround, remediation plan, or instruction to discontinue use, SepticCycle’s liability for damages arising from your continued use of the known-affected feature after such notice may be reduced to the extent your continued use contributed to the damages.
12.6 Time Limit on Claims.ANY CLAIM, ACTION, LAWSUIT, ARBITRATION, OR PROCEEDING BY YOU AGAINST SEPTICCYCLE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE MUST BE COMMENCED WITHIN TWO (2) YEARS AFTER THE CAUSE OF ACTION FIRST ACCRUES. ANY CLAIM NOT COMMENCED WITHIN THIS PERIOD IS PERMANENTLY BARRED, REGARDLESS OF ANY STATUTE OF LIMITATIONS THAT MIGHT OTHERWISE APPLY. THIS TIME LIMIT DOES NOT APPLY TO CLAIMS ARISING FROM SEPTICCYCLE’S FRAUD, INTENTIONAL MISREPRESENTATION, GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT, OR TO CLAIMS UNDER STATUTES THAT PROHIBIT CONTRACTUAL SHORTENING OF THE LIMITATIONS PERIOD.
The Service, including its design, code, features, documentation, and branding, is owned by SepticCycle and protected by intellectual property laws. Your subscription grants you a limited, non-exclusive, non-transferable, non-sublicensable license to use the Service for your internal business purposes only. All rights not expressly granted are reserved by SepticCycle.
14.1 Exclusion of Consequential Damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SEPTICCYCLE AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, BUSINESS OPPORTUNITIES, GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
14.2 Aggregate Cap.SEPTICCYCLE’S TOTAL AGGREGATE LIABILITY FOR ANY CLAIMS ARISING UNDER OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT YOU PAID TO SEPTICCYCLE FOR THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
14.3 Savings Carve-Out.NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, NOTHING IN SECTIONS 12 THROUGH 15 LIMITS OR EXCLUDES EITHER PARTY’S LIABILITY FOR: (i) FRAUD OR INTENTIONAL MISREPRESENTATION; (ii) GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (iii) DEATH OR PERSONAL INJURY CAUSED BY A PARTY’S NEGLIGENCE; OR (iv) ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW.
14.4 Essential Purpose. THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THIS SECTION 14 IS SUBJECT TO THE TIME LIMIT IN SECTION 12.6.
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. SEPTICCYCLE DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED. THIS DISCLAIMER IS SUBJECT TO THE SAVINGS CARVE-OUT IN SECTION 14.3.
You agree to indemnify, defend, and hold harmless SepticCycle and its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (i) your use of the Service; (ii) your violation of these Terms or any document incorporated by reference; (iii) your violation of any third-party rights (including intellectual property or privacy rights); (iv) Your Data; (v) any dispute between you and your customers or third parties; or (vi) your use of the Surcharge Feature as described in Section 9.4.
By using the Service, you represent and warrant that: (i) you have the legal capacity and authority to enter into these Terms; (ii) if you are using the Service on behalf of a business, you are duly authorized to bind that business; (iii) all information you provide to SepticCycle is accurate, current, and complete; (iv) your use of the Service will comply with all applicable laws and regulations, including but not limited to the Telephone Consumer Protection Act, CAN-SPAM Act, and applicable state consumer protection laws; (v) you have obtained all necessary consents from your customers before collecting, storing, or transmitting their personal information through the Service; and (vi) you will not use the Service to store or process any data prohibited by Section 5.
18.1 Service Availability. We strive to maintain high availability of the Service but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to maintenance, updates, or security incidents. We will make reasonable efforts to provide advance notice of scheduled maintenance.
18.2 Force Majeure.Neither party shall be liable for any failure or delay in performing its obligations under these Terms (other than payment obligations) to the extent such failure or delay results from circumstances beyond the affected party’s reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, epidemics or pandemics, accidents, strikes, shortages of transportation, facilities, fuel, energy, labor, or materials, failure of third-party telecommunications or internet service providers, failure of third-party hosting or cloud infrastructure providers, cyberattacks, or governmental actions or regulations. The affected party shall use commercially reasonable efforts to mitigate the effect of any force majeure event and shall resume performance as soon as reasonably practicable.
18.3 Modifications to the Service. We may add, change, suspend, or discontinue any feature or component of the Service at any time, and we will use reasonable efforts to give notice of any material change to, or discontinuation of, a feature you actively use. A change to your subscription plan or a discontinued feature may result in the loss of access to certain features, data views, or capacity, including any legacy, promotional, beta, or grandfathered features. We are not liable for any such change or discontinuation, provided we act in good faith, and our handling of Your Data remains subject to Section 6 and the Data Processing Addendum.
19.1 Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of laws principles.
19.2 Informal Resolution. The parties shall first attempt to resolve any dispute through good faith negotiations for a period of thirty (30) days after written notice of the dispute.
19.3 Binding Arbitration.If the dispute remains unresolved after the negotiation period, it shall be submitted to binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, in Dallas, Texas. The arbitration shall be conducted by a single arbitrator. The arbitrator’s decision shall be final and binding, and judgment upon the award may be entered in any court having jurisdiction.
19.4 Jury Waiver. Each party waives its right to a jury trial.
19.5 Class Action Waiver. ALL CLAIMS MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY. YOU EXPRESSLY WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING AGAINST SEPTICCYCLE. THIS CLASS ACTION WAIVER APPLIES REGARDLESS OF WHETHER YOU OPT OUT OF ARBITRATION UNDER SECTION 19.6 AND REMAINS IN EFFECT IN ALL FORUMS, INCLUDING ARBITRATION AND LITIGATION.
19.6 30-Day Arbitration Opt-Out. You may opt out of the arbitration provision in Section 19.3 by sending written notice to legal@septiccycle.com within thirty (30) days of the date you first accept these Terms. Your notice must include your name, the email address associated with your account, and a clear statement that you wish to opt out of arbitration. If you opt out, all disputes will be resolved exclusively in the state or federal courts located in Dallas County, Texas, and you consent to the personal jurisdiction of those courts. Opting out of arbitration does not affect any other provision of these Terms, including the class action waiver in Section 19.5, which remains in effect regardless of whether you opt out of arbitration.
19.7 Costs. Each party shall bear its own costs of arbitration unless the arbitrator determines otherwise.
19.8 Injunctive Relief. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property or confidential information without first engaging in arbitration.
19.9 Severability of Dispute Resolution Provisions. If any portion of this Section 19 is found to be unenforceable, the remainder of this Section 19 shall remain in full force and effect. Specifically: (i) if the class action waiver in Section 19.5 is found unenforceable as applied in a judicial forum, it shall remain enforceable in arbitration, and the arbitration clause in Section 19.3 shall remain in full force and effect for all parties who have not opted out; (ii) if the arbitration clause in Section 19.3 is found unenforceable, the class action waiver in Section 19.5 shall remain in effect as an independent, standalone waiver; and (iii) if any individual claim is found to be non-waivable on a class-wide basis under applicable law, that specific claim, and only that claim, shall be severed from the class action waiver, and all other claims shall remain subject to the waiver.
20.1 By You. You may cancel your subscription at any time. Upon cancellation, your access will continue until the end of your current billing period.
20.2 By SepticCycle. We may suspend or terminate your access to the Service at any time, with or without notice, if you violate these Terms or any document incorporated by reference, fail to pay subscription fees when due, or if we reasonably believe your use of the Service poses a risk to the Service, other users, or SepticCycle. Upon termination, all rights granted to you under these Terms shall immediately cease.
20.3 Effect of Termination. Upon termination for any reason: (i) your license to use the Service terminates immediately; (ii) you remain liable for all fees accrued through the date of termination; and (iii) Your Data will be handled in accordance with Section 6.5. The provisions that survive termination are identified in Section 22.
We may update these Terms from time to time in our sole discretion. We will notify you of material changes by posting the updated Terms on this page, updating the “Last updated” date, and sending notice by email to the address associated with your account. For material changes, such notice will be provided at least thirty (30) days before the changes take effect, unless the changes are required by law, relate to new features or functionality, or are made to comply with legal, regulatory, or payment processor requirements (in which case we may implement them on shorter or immediate notice).
At the time updated Terms take effect, you will be required to affirmatively re-accept the updated Terms and all incorporated documents through the Service before continuing to use it.
Material adverse changes to your existing rights under these Terms will apply only to disputes, claims, or causes of action that arise after the effective date of the updated Terms. The updated Terms will supersede all prior versions.
If you do not agree to the updated Terms, you must cancel your subscription before the changes take effect by going to your account billing settings and selecting the cancellation option, or by emailing support@septiccycle.com. Cancellation requests received before the effective date will result in your access ending at the conclusion of your then-current billing period, and the prior version of these Terms will continue to govern your use through that period.
The following provisions survive expiration or termination of these Terms: Sections 4.7 (Collection Costs), 6 (Your Data), 7 (HIPAA Disclaimer), 9.4 (Indemnification for Surcharge Activity), 12 (Service Issues, Reporting Obligations, and Limitation of Claims), 13 (Intellectual Property), 14 (Limitation of Liability), 15 (Disclaimer of Warranties), 16 (Indemnification), 17 (User Representations and Warranties), 19 (Governing Law, Venue, Arbitration, and Class Action Waiver), 24 (AI Tools), 25 (Beta Services), 26 (Third-Party Services and Integrations), 27 (Feedback), and this Section 22, together with any other provision that by its nature or express terms is intended to survive.
23.1 Entire Agreement.These Terms, together with the Privacy Policy, Data Processing Addendum, Acceptable Use Policy, SMS Terms & Conditions, Cookie Policy, and any other documents incorporated by reference, constitute the entire agreement between you and SepticCycle regarding the Service and supersede all prior agreements.
23.2 Severability. If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall continue in full force and effect. If the invalid or unenforceable provision cannot be reformed, it shall be severed without affecting the enforceability of the remaining provisions.
23.3 No Waiver. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
23.4 Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms without restriction.
23.5 No Third-Party Beneficiaries. These Terms do not create any third-party beneficiary rights.
23.6 No Partnership. These Terms do not create any partnership, joint venture, or agency relationship.
23.7 Notices. Notices under these Terms may be sent by email to the addresses on file. Notices to SepticCycle must be sent to legal@septiccycle.com.
23.8 Headings. Section headings are for convenience only and do not affect interpretation.
24.1 AI Features.The Service may include features that use artificial intelligence, machine learning, or similar technologies, including an in-application assistant that answers questions about the Service based on our documentation (each, an “AI Feature”). Your use of any AI Feature is subject to these Terms.
24.2 No Guarantee of Accuracy.Outputs generated by an AI Feature may be inaccurate, incomplete, out of date, or not applicable to your situation. The same request may produce different results, and identical or similar outputs may be provided to other users. AI Feature outputs do not represent SepticCycle’s advice or views, and you are solely responsible for reviewing and verifying any output before relying on, acting on, or distributing it.
24.3 Not Professional Advice. AI Features do not provide legal, tax, accounting, financial, regulatory, medical, or other professional advice. You should not rely on an AI Feature for compliance decisions or other critical or sensitive matters, and you should consult a qualified professional where appropriate.
24.4 Prohibited Uses.You agree not to: (i) bypass, disable, or manipulate any safeguard or filter of an AI Feature, or attempt to make it perform unintended actions; (ii) access, expose, or extract an AI Feature’s underlying models or training data; (iii) submit content you do not have the right to submit or that infringes the rights of others; or (iv) present an AI Feature’s output as human-generated or as approved or endorsed by SepticCycle.
24.5 Your Responsibility for AI-Assisted Actions.Where an AI Feature can take actions within your account at your direction, such as drafting or preparing records or messages, you are responsible for reviewing and approving those actions, and they are treated as your actions under these Terms. SepticCycle does not use Your Data or your customers’ data to train AI models, and processes personal information only as described in the Privacy Policy and the Data Processing Addendum.
24.6 No Warranty.AI Features are provided on an “as is” and “as available” basis, and the disclaimers in Section 15 and the limitations of liability in Section 14 apply to your use of them.
25.1 Evaluation Features.From time to time we may make available pre-release, preview, or beta features, technologies, or services that are still in development and not yet generally available (“Beta Services”). We will identify a feature as a Beta Service when we offer it, and additional terms may apply to it.
25.2 Provided As Is.Beta Services are provided on an “as is” and “as available” basis, may contain errors or defects, and may change, be delayed, or be discontinued at any time. We make no representations or warranties of any kind regarding Beta Services and, to the maximum extent permitted by law, disclaim all liability arising from your use of them, subject to the savings carve-out in Section 14.3.
25.3 Termination of Beta Access. We may suspend or end access to any Beta Service at any time, and access ends automatically when a generally available version is released. On termination of a Beta Service, related features and any data used solely within that Beta Service may become unavailable, subject to your data export and deletion rights in Section 6 and the Data Processing Addendum.
26.1 Integrations.The Service lets you connect to or use certain third-party services, including, where you enable them, providers such as QuickBooks Online. Your use of any third-party service you connect is governed by that provider’s own terms and privacy policy, which are solely between you and that provider. The subprocessors SepticCycle engages to deliver the core Service are governed by our Data Processing Addendum and are not covered by this Section.
26.2 No Responsibility for Third Parties. SepticCycle does not control and is not responsible for third-party services you connect, and does not warrant or endorse them. We are not liable for any act, omission, outage, data handling, or change by such a third-party provider, or for any loss arising from your use of a third-party service or integration. If you enable an integration, you authorize the exchange of data between the Service and that provider as necessary for the integration to function, and you represent that you have the rights and consents needed to do so.
26.3 Indemnity. You agree to indemnify and hold SepticCycle harmless from any claim arising out of your use of a third-party service or integration, or your relationship with a third-party provider, on the terms set out in Section 16.
If you provide us with suggestions, comments, ideas, or other feedback about the Service (“Feedback”), you agree that we may use the Feedback for any purpose, including to develop and improve our products and services, without any obligation of confidentiality, attribution, or compensation to you. You represent that you have the right to provide the Feedback and that it does not include confidential information of a third party or any personal information of your customers.
We may access, preserve, and disclose your account information and Your Data if required to do so by law or in response to a valid legal request, such as a subpoena, court order, or search warrant, or where we believe in good faith that disclosure is reasonably necessary to comply with law, protect our rights or the safety of others, or address fraud or security issues. Where a legal request relates specifically to your account and we are not prohibited from doing so, we will use reasonable efforts to notify you. Because responding to legal requests concerning your account can be time-consuming, we reserve the right to charge you our reasonable costs, on a time-and-materials basis, for responding to any subpoena, court order, or other legal request relating to your account, except where prohibited by law.
If you have questions about these Terms, please contact us at:
SepticCycle
Email: legal@septiccycle.com
Website: www.septiccycle.com