Terms of Service Agreement
This Terms of Service Agreement (hereinafter referred to as this "Agreement") governs the use of services provided by:
Turnsapp Inc.
Having its registered place of business at:
16192 Coastal Highway
Lewes, Delaware, 19958
(hereinafter referred to as "Turnsapp," "Company," "we," "us," or "our")
And any individual or entity that accesses or uses our services (hereinafter referred to as "User," "Customer," "you," or "your").
By accessing, browsing, or using our website, services, or applications, you acknowledge that you have read, understood, and agree to be bound by the terms and conditions set forth in this Agreement. If you do not agree to these terms, please do not use our services.
(The Company and User are hereinafter referred to individually as "Party" and collectively as "Parties," as the context may require.)
(The Company and User are hereinafter referred to individually as "Party" and collectively as "Parties," as the context may require.)
WHEREAS:
- Turnsapp agrees to provide its services, including but not limited to Laundromat & Dry-Cleaning Management, Customer Engagement & Payments, Pickup & Delivery Optimization, Automated Communications & Notifications, Analytics & Reporting, Franchise & Multi-Location Support (hereinafter referred to as the ‘Services’), to the Customer in accordance with the terms and conditions set forth in this Agreement.
- The Customer acknowledges and agrees to comply with all applicable terms, policies, and guidelines established by Turnsapp, including any future amendments, and is bound by this Agreement upon accessing or using the Services.
Now, therefore, in consideration of the mutual promises and obligations set forth herein, the Parties agree as follows:
1. Definitions
- “Account”: A unique user profile registered with Turnsapp.
- ”Confidential Information”: All non-public business, financial, technical, or other proprietary information disclosed by Turnsapp to the Customer, including but not limited to trade secrets, operational procedures, business strategies, software code, and unpublished features.
- “Customer”: " Any eligible individual or entity accessing or using our Services. *Eligibility as defined in Clause 3
- “Customer Information”: Any data, personal or business details, preferences, or usage statistics provided by the Customer while using the Services.
- “Excused Downtime”: Anytime the Services are unavailable for access due to: (i) Scheduled Maintenance, (ii) issues arising from the Customer’s or Users’ telecommunications or internet services, (iii) third-party services, software, or hardware not provided or controlled by Turnsapp (including external platforms accessed through the Service), or (iv) force majeure events, such downtime shall not be considered a breach of this Agreement.
- “Intellectual Property”: All copyrights, trademarks, patents, trade secrets, proprietary methodologies, branding elements, and any other proprietary rights associated with our Services.
- “Policies”: All internal rules, terms, and operational guidelines established by Turnsapp, including but not limited to privacy policies, refund policies, and acceptable use policies.
- “Scheduled Maintenance Period” means any time period during which Turnsapp performs scheduled or emergency maintenance on the Service.
- “Subscription”: Any paid or free plan offered by Turnsapp.
- “Support Services” means the support services offered by Turnsapp, in relation to the Services, provided under Clause 4.
- “Third-Party Services”: Any third-party applications, websites, or services that integrate with Turnsapp or are linked through our Services.
2. Eligibility
To use our Services, you must be at least 18 years old or have the consent of a legal guardian. By using the Services, you represent and warrant that you meet these eligibility requirements and have the legal capacity to enter into a binding agreement. As a service provider, we do not assume any liability for use of the Services by a minor.
3. Application Services
3.1 Account Registration & Security
To access certain features of our Services, you may be required to create an account. You agree to:
- Provide accurate and complete information.
- Maintain the confidentiality of your login credentials.
- Notify us immediately of any unauthorized use of your account.
Turnsapp is not responsible for any loss resulting from unauthorized access to your account. We reserve the right to suspend or terminate accounts suspected of spamming, fraudulent or unauthorized activity.
3.2 License & Usage Restrictions
Turnsapp grants you a limited, non-exclusive, non-transferable, and revocable license to use our Services strictly in accordance with this Agreement. You agree not to:
- If your subscription has a limit on the number of users, you can only allow that many users to access the Service. Additional users can be added with agreement from Turnsapp, and fees will apply accordingly.
- Reproduce, distribute, or create derivative works from our Services without explicit permission.
- Use our Services for unlawful purposes, including fraud or other unauthorized activities.
- Interfere with or disrupt our Services, including hacking, scraping, or reverse engineering.
- Misrepresent your identity or affiliation with any entity.
- Reverse engineer or attempt to discover the source code.
- Violate any applicable laws or regulations while using our Services.
Turnsapp has the right to monitor your use of the Service to ensure compliance with this Agreement and to gather data for performance analysis.
3.3 Subscription & Payment
If you purchase a paid subscription, you agree to our pricing, billing, and payment terms. All payments are non-refundable unless otherwise specified.
Turnsapp reserves the right to change subscription fees or introduce new charges with prior notice. You are responsible for maintaining valid payment information to avoid service interruptions.
3.4 User Content & Conduct
You may post, upload, or otherwise share content through the Services. By doing so, you:
- Grant Turnsapp a non-exclusive, worldwide, royalty-free license to use, display, and distribute your content.
- Warrant that your content does not infringe any third-party rights or violate any laws.
- Agree not to upload content that is offensive, defamatory, illegal, or violates any rights of others.
- Misrepresent your identity or affiliation with any entity.
Turnsapp reserves the right to remove or restrict content that violates this Agreement or is deemed inappropriate.
3.5 Third-Party Services
Our Services may integrate with or link to third-party applications and websites. Turnsapp does not control and is not responsible for the content, policies, or practices of third-party services. Your interactions with third-party services are at your own risk.
4. Support Services
TurnsApp will take all reasonable steps to deliver support services to the Customer to the extent as mentioned below.
4.1 Service Levels:
TurnsApp will strive to provide the Service in line with the conditions set forth below:
Turnsapp will make commercially reasonable efforts to maintain at least 99.9% uptime for the Service, excluding permitted downtime. Turnsapp will provide at least 3 business days' advance notice for any scheduled maintenance.
4.2 Support Availability
Turnsapp provides online support during its regular business hours (9 AM to 6 PM), excluding company-designated holidays. If support is needed outside these hours, including weekends and holidays, Turnsapp may provide assistance at its discretion and charge its standard rates for after-hours support.
4.3 Support Requests & Process
Support services are available only for issues submitted through Turnsapp’s customer support portal by up to 5 designated representatives from the Customer’s team. To receive effective support, the Customer must provide accurate and complete information, including key points of contact and any necessary access credentials. Turnsapp is not responsible for delays caused by incomplete or incorrect information. Additionally, Turnsapp reserves the right to reclassify support requests if they have been miscategorized by the Customer.
4.4 Support Limitations & Additional Services
Turnsapp offers support services on a commercially reasonable-efforts basis. While Turnsapp will work to resolve reported issues, it does not guarantee that every problem will be fully resolved. If an issue falls outside the scope of standard support, additional services may be required at Turnsapp’s current rates. Support services are intended for ongoing use of the Service and do not replace professional implementation, training, or specialized services. Additional services such as on-site assistance, custom development, network administration, or new feature requests can be provided at Turnsapp’s prevailing rates upon mutual agreement.
4.5 Investigation & Resolution
Turnsapp will investigate and work to resolve any recurring or major issues that prevent the Service from functioning as outlined in the official documentation.
5. Intellectual Property Rights
All intellectual property rights in the Services, including trademarks, logos, proprietary software, and content, remain the exclusive property of Turnsapp or its licensors. You may not:
- Use any of our intellectual property without prior written consent.
- Copy, modify, distribute, or create derivative works from our Services.
- Remove or obscure any copyright, trademark, or proprietary notices.
6. Termination
Turnsapp reserves the right to suspend or terminate your access to the Services at any time, with or without notice, for violating this Agreement or engaging in any unlawful activity. Upon termination, all rights granted under this Agreement will cease immediately.
7. Disclaimer of Warranties
Turnsapp provides the Services on an “as-is” and “as-available” basis. We will make reasonable efforts to provide solutions and customer support however, we do not warrant that:
- The Services will be uninterrupted or error-free.
- Any content or information will be accurate or reliable.
- The Services will meet your expectations or requirements.
Turnsapp disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.
8. Limitation of Liability
The Customer agrees to indemnify and hold Turnsapp, its officers, directors, employees, and affiliates harmless from any claims, damages, losses, or expenses arising from:
- Any indirect, incidental, consequential, or punitive damages.
- Loss of profits, revenue, data, or goodwill resulting from the use or inability to use our Services.
Your sole remedy for dissatisfaction with the Services is to discontinue use.
9. Indemnification
The Customer agrees to indemnify and hold Turnsapp, its officers, directors, employees, and affiliates harmless from any claims, damages, losses, or expenses arising from:
- Your use of the Services.
- Your violation of this Agreement.
- Your infringement of any third-party rights.
10. Assignment
Customers may not assign, resell, or transfer any goods or services under this Agreement without Turnsapp’s prior written consent. However, Customers may assign their rights and obligations to: (a) a controlling entity, (b) an affiliate under common control, or (c) a purchaser of substantially all assets, provided that (i) prior written notice is given to Turnsapp, (ii) the assignee agrees to be bound by this Agreement, and (iii) the number of authorized users does not exceed the original limit without additional fees. Assignment does not release the Customer from prior obligations. Any unauthorized assignment is void.
11. Independent Contractors & Non-Solicitation
This Agreement does not create an agency, partnership, or joint venture. Both parties remain independent contractors with no authority to bind or act on behalf of the other. During the term of this Agreement and for 12 months thereafter, neither party shall solicit or hire the other’s employees, except in response to general employment postings or unsolicited applications.
12. Force Majeure
If any provision of this Agreement is found invalid, the remaining terms will remain enforceable. Any waiver must be in writing and signed by both parties. Notices must be sent in writing via certified mail, personal delivery, or overnight courier. Neither party shall be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to natural disasters, acts of God, war, terrorism, government actions, labor strikes, supply chain disruptions, power outages, internet failures, or any other unforeseen event that makes performance impossible. The affected party shall promptly notify the other party of such an event and make reasonable efforts to mitigate its impact. If the force majeure event continues for more than 15 days, either party may terminate this Agreement without liability.
13. Governing Law & Dispute Resolution
This Agreement shall be governed by the laws of the State of Delaware, without regard to conflict of law principles. Any disputes arising out of or relating to this Agreement shall be resolved through binding arbitration in State of Delaware. Both Parties waive the right to a jury trial or to participate in a class action lawsuit.
14. Amendments & Changes
Turnsapp reserves the right to modify this Agreement at any time. We will notify you of significant changes via email or through the Services. Continued use of the Services after changes take effect constitutes acceptance of the revised Agreement.
15. Variability
The support services provided by Turnapp shall be governed by the standard Terms of Service Agreement as set forth herein. Notwithstanding the foregoing, certain customers may be subject to customized service levels pursuant to a separate agreement or addendum executed between Turnsapp and the respective customer. In the absence of such a specific agreement, the standard Terms of Services shall apply.