Terms of service

These terms are an agreement between you and Rusti.Red ("we", "us"). They cover the Rusti.Red website, the app, and the booking, quote, and invoice pages it makes for your shop (together, the "service").

"You" means the business that signs up (the "shop") and each person who uses the service under its account. If you sign up for a business, you confirm that you have the authority to accept these terms for it. The person who signs up is the shop's first owner, and owners decide who else may use the account.

By creating an account, accepting an invite, or using the service, you agree to these terms and to our Privacy policy. If you do not agree, do not use the service.

The service is for businesses in the United States and for people 18 or older. It is not for personal, family, or household use.

If you are a customer of a shop that uses Rusti.Red, your dealings are with that shop. Rusti.Red provides the shop's software. It is not a party to the shop's quotes, work, messages, or charges, and to the fullest extent the law allows it is not liable to you for them.

These terms limit what we are liable for, make your shop answerable for its own work and its own texts, and say where a dispute is settled. Please read "No warranties", "What we are liable for", "Claims you cover", and "Disputes and governing law".

• Give us accurate information, and keep the email and mobile number on your account current. That is where our notices go.
• Keep your password to yourself. Each person signs in as themselves, and a login is never shared. Two-factor authentication is in Account settings for anyone who wants it.
• The shop is responsible for everything done under its account, including by the people it invites, and for removing anyone who should no longer have access.
• Tell us at once if you think someone else has been in your account.
• Accounts are for people. Signing up with a bot or another automated method is not allowed.
• You agree that we, and your shop through the service, may text and email you about your account and your work: invites, alerts, sign-in links, and notices. Message and data rates may apply. A shop confirms that each person it invites has agreed to get them.

We deal with the shop's owners about the account. If people in a shop disagree about who controls it, we follow the owners on record.

The plans and what they cost are on the pricing page. There are no contracts and no setup fees.

You pay by card, a month at a time and in advance, through Stripe. Your plan renews every month until you cancel, and you authorize us to charge the card on file for each month and for any tax that applies.

The Team plan is priced by the number of people with a login, as the pricing page explains. When you add people or change plans partway through a month, the difference is charged or credited in proportion to the time left in it.

If a payment fails, Stripe tries the card again over the following days. If it still fails, your plan ends and your shop becomes read-only until you pick a plan again.

Prices do not include sales tax or similar taxes. Where one applies to your plan, it is added to your bill.

We may change our prices. If a change raises what your shop pays, we will email the shop's owners at least 30 days before it takes effect, so you can cancel first if you choose.

If one of our partners sent your shop, the discount you got comes from us, not from them. The partner learns your shop's name, its plan, and whether it pays, and nothing else about it.

An owner can cancel at any time from the billing page, with no phone call. Every feature stays on until the end of the month you have paid for. An email or a phone call asking us to cancel is not a cancellation by itself, but if you are stuck, write to us and we will help you do it.

After your plan ends, your shop is read-only: you can still sign in, look at your records, and download them. Pick a plan again and everything is where you left it.

Payments are not refundable, and we do not refund part of a month, except where the law requires it. If you were charged after you meant to cancel, or something went wrong on our side, write to [email protected] within 30 days of the charge and we will look at it. Any refund is ours to decide.

An owner can delete the shop from the Import and export page in Settings. That cancels the plan, with no refund for the rest of the month, and deletes the shop's logins, records, and files at once and for good; copies leave our backups as those are overwritten. Download your records first, because we cannot bring them back. What Stripe holds about your payments to us, and your Help conversations with us, are kept.

Everything you and your people put into the service is yours: your customers, price book, quotes, invoices, jobs, photos, messages, and the rest ("your records"). We claim no ownership of any of it.

You give us permission to store, copy, show, and send your records only as needed to run the service for you: to show a quote to your customer, send a reminder, back up your data, or fix a problem you report. That permission ends when your records are deleted.

You can download your records at any time: invoices and payments as files for your bookkeeper, and the account as a zip file that an owner asks for on the Import and export page.

You are responsible for your records: that you have the right to put them there (a customer list you import included), that they are accurate, and that they break no law and nobody's rights.

We may use figures that identify no shop and no person, such as how many quotes all shops send in a month, to run and improve the service.

The service is not a backup. Download a copy of your records as often as you would mind losing them.

Do not put Social Security numbers, card or bank account numbers, or health information into the service. It is not built to hold them.

If you send us ideas or feedback, we may use them freely and owe you nothing for them.

Your customers are yours. The quotes, prices, invoices, and the work itself are between you and them, and we are not a party to those dealings. Your licenses, permits, insurance, warranties, and taxes are yours to keep in order. We have no part in the work you do and no responsibility for it, including any damage, injury, or loss that comes of it.

You decide what information about your customers goes into the service and why. We handle it for you, as your service provider, only to run the service, as the Privacy policy describes. Telling your customers how you use their information, and answering their requests about it, is your responsibility.

Every shop gets a privacy policy page for its customers, and default wording for its texts and emails, filled in with the shop's details. They are starting points written in good faith, not legal advice. What goes out under your shop's name is yours to check, and to tell us about if it does not fit.

The sales tax on a quote or an invoice is worked out from the rate you enter. Setting the right rate, and collecting and paying the tax, is yours to do.

The price book, quote templates, and message wording a shop starts with are examples. What you charge and what you promise are yours to set and to check.

A quote or invoice link opens for anyone who has it. Send a link only to the customer it is for.

A dispute with a customer, or with one of your own people, is between you and them, and you release us from any claim that comes out of it.

Texting from your shop's own number starts when the mobile carriers approve your registration, which we submit for you. You agree to give true and complete business details for it, including your legal name and EIN. The carriers decide whether and when to approve it, and we cannot promise that they will.

You are the sender of every text that goes out for your shop: you decide who gets one and what it says, and we carry it on your instruction. You may text a customer only if they agreed to get texts from your shop, and only about what they agreed to. The service records each yes and each STOP and holds back the texts it knows are not allowed, but it cannot know what a customer told you in person: when you tick "Agreed to texts", you are confirming that the customer said yes.

You agree not to:

• text anyone who has not agreed, or who has replied STOP;
• send advertising to someone who agreed only to texts about their visits;
• send anything unlawful, deceptive, or harassing, or anything unrelated to your shop's work;
• treat a text the app hands to your own phone's Messages app as outside these rules. The same rules apply to it.

You are responsible for following the laws on texting and calling, including the Telephone Consumer Protection Act and the state laws like it, and the carriers' own rules. Keep your own copy of your customers' yes and no to texts for at least four years, including after you leave; it is in your export.

If a carrier, the registry, or a regulator fines or charges us because of your texts or your registration, you agree to pay us back.

The carriers and our texting provider can filter, delay, or block any text, and can suspend a number. We do not promise that a text will be delivered. We may pause or end your shop's texting if it draws complaints, breaks these rules, or puts other shops' texting at risk.

Texting is included in your plan for the ordinary needs of a shop your size. The number belongs to your shop while its plan is active. It is released 30 days after the plan ends, or after a registration has sat unfinished or turned down for 30 days.

Card payments are processed by Stripe and go into a Stripe account in your shop's name, opened through our setup. Stripe's fees are between you and Stripe, and we add nothing to them. If we ever add a fee of our own, we will tell you first, the way we do for a price change.

Payment processing services for shops on Rusti.Red are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Services Agreement. By connecting Stripe to your shop, you agree to be bound by those agreements, as Stripe may change them from time to time. As a condition of our enabling card payments through Stripe, you agree to give us and Stripe accurate and complete information about you and your business, and you authorize us to share it, and information about your transactions, with Stripe.

We never hold your money, and we are not a bank, a money transmitter, or a party to the payment. Refunds, disputes, chargebacks, and payouts are between you, your customer, and Stripe.

If Stripe takes money from us because of your account (a refund, a chargeback, a fine, or a balance below zero that you do not cover), you agree to pay us back.

Cash, checks, and other payments you record are a record only. Collecting them is yours to do.

You may not, and may not let anyone using your account:

• use the service to break a law or anyone's rights;
• collect or take information from accounts or records that are not yours;
• get around, switch off, or probe the service's security, or reach parts of it you were not given access to;
• upload or send viruses or other harmful code;
• overload or disrupt the service, or reach it with scripts or scrapers we have not agreed to;
• mislead us, a customer, or anyone else, or pretend to be someone you are not;
• harass, threaten, or abuse anyone, including the people who answer you in Help;
• resell or rent the service to others, or copy its code or design.

We may remove content or suspend an account that breaks these rules. To report abuse, or something on the service that you believe infringes your copyright, write to [email protected] with what it is and where, and we will act on it where that is warranted.

We work to keep the service running and your records safe, with backups and encrypted connections. We do not promise that it will be available at every moment or free of errors, and it comes with no service level agreement.

We change the service as we improve it: features are added, redesigned, and sometimes removed. If we remove something a working shop depends on, we will tell you in advance where we reasonably can.

Some features work with no signal by keeping your work on the device until it can be sent. Work that has not been sent yet exists only on that device. If the device is lost, wiped, or its browser storage is cleared first, that work is gone.

If we ever decide to shut the service down, we will email the shop's owners at least 30 days ahead and keep your records available to download for that time.

The service connects to others: Stripe, the mobile carriers, your phone's Messages app, your Google review page. They run on their own terms, and we are not responsible for them.

The service, its code and design, the name Rusti.Red, and Rusti the red panda belong to us. These terms give you the right to use the service while your account is in good standing, and nothing more. Please ask before using our name or mascot in your own marketing.

We may suspend or close an account that breaks these terms, puts the service or other shops at risk, is used for fraud, or stays unpaid. Unless the matter is urgent or the law prevents it, we will tell the owners first and give them a chance to fix it.

We may also stop serving a shop for any other reason with 30 days of notice, and we will refund anything paid for time after that date.

If we close an account, you get a reasonable chance to download your records first, unless the law or the safety of others prevents it.

We are not liable to you or to anyone else for suspending or closing an account, or for changing or ending the service, as these terms allow.

The parts of these terms that by their nature should outlast the agreement do: what you owe, the limits on liability, your promise to cover claims, and how disputes are settled.

The service is provided "as is" and "as available". To the fullest extent the law allows, we make no warranties of any kind, express or implied, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the service will be uninterrupted, secure, or free of errors, that any text or email will be delivered, that your records will be kept without loss, or that the amounts it works out are right for your taxes or your books.

Nothing in the service is legal, tax, or accounting advice. Check with your own advisers.

To the fullest extent the law allows, we are not liable for lost profits, lost revenue, lost business or goodwill, lost or damaged data, the cost of a replacement service, fines or penalties, claims made against you by your customers or anyone else, or any indirect, incidental, special, consequential, or punitive damages, however they arise and even if we were told they were possible.

To the fullest extent the law allows, our total liability for all claims about the service or these terms is limited to the greater of $100 and the amount your shop paid us for the service in the 12 months before the event that gave rise to the claim.

These limits apply to every kind of claim, whether in contract, tort (negligence included), or anything else. They are part of the price: the service would cost more without them. They apply even if a remedy in these terms does not fully make up for a loss, and they also protect our owners, the people who work with us, and our suppliers. Some laws do not allow certain limits, so parts of this section may not apply to you.

We will do our best for you, but a small monthly price cannot insure your business. Keep your own copies of what you cannot afford to lose.

If someone brings a claim against us, or a carrier or a regulator acts against us, because of your records, your texts, calls, or emails (a claim under the Telephone Consumer Protection Act or a state law like it included), the work you do or fail to do, your dealings with your customers or your own people, or your breaking these terms or the law, you will defend us and pay our losses, fines, and reasonable legal costs. "Us" here includes our owners and the people who work with us.

We will tell you promptly about any such claim. We may take part in the defense at our own cost, and you may not settle it in a way that admits fault for us or binds us without our written consent.

If you have a problem with us, write to [email protected] first. Most things can be settled by talking, and each of us agrees to try for 30 days before going to court.

These terms are governed by the laws of the Commonwealth of Pennsylvania, without regard to its rules on conflicts of law. Any lawsuit about the service or these terms must be brought in the state or federal courts located in Pennsylvania, and each of us agrees to the jurisdiction of those courts.

To the fullest extent the law allows, each of us gives up the right to a jury trial, and may bring a claim only on our own behalf and not as part of a class or group action.

A claim must be brought within one year of the day it could first have been brought, unless the law does not allow that limit.

We may update these terms. When a change matters, we will email the shop's owners or show a notice in the app at least 30 days before it takes effect, and the date at the top of this page will change. If you keep using the service after that, you accept the new terms. If you do not accept them, cancel before they take effect.

• These terms, the Privacy policy, and the prices on the pricing page are the whole agreement between us about the service, and they replace anything said before.
• If a court finds part of these terms unenforceable, the rest stays in force.
• If we do not enforce a term, we have not given it up.
• You may not transfer this agreement to someone else without our written consent. We may transfer it to a company that takes over the service, and we will tell you if we do.
• Neither of us is liable for a delay or a failure caused by something outside our reasonable control, such as an outage at a carrier, a hosting or payment provider, or the internet itself.
• We are independent businesses. Nothing here makes us partners, agents, or employees of each other, and nobody else gets rights under these terms.
• We send notices to the email on your account. Send yours to [email protected].

Questions about these terms? Write to [email protected]. If you have an account, Help in the app reaches the same people.