Who we are
“The Graphite Lab,” “TGL,” “we,” “us,” and “our” refer to The Graphite Lab Inc., a company incorporated in the United States with offices in Philadelphia, Pennsylvania. “You” and “your” refer to the person or organization using our services.
Who can use TGL
You must be at least 18 years old to use our services. If you are using TGL on behalf of a company or other entity, you represent that you have the authority to bind that entity to these Terms, and “you” refers to that entity.
Your account
Some of our services require an account. You agree to provide accurate and complete information when you sign up, keep that information current, and protect your login credentials. You are responsible for activity that happens on your account. Let us know right away if you suspect unauthorized use.
The service
TGL builds and operates software products for skilled-trade businesses. Our products are designed to support the people running those businesses (dispatchers, CSRs, AP specialists, service managers, and others), not to replace them. We may add, change, or remove features over time. When we make material changes that affect a product you’re using, we’ll let you know.
Subscriptions, Rivets, and billing
Our commercial services are sold on a subscription basis. A subscription includes a monthly allotment of Rivets, which is the unit you spend to engage products in the TGL catalog. Specific plan terms, pricing, and Rivet allotments are described on our pricing page and in your order documentation.
Unless your order documentation says otherwise, subscriptions renew automatically on a monthly basis. You can cancel renewal at any time, and cancellation takes effect at the end of the current billing period. Fees paid are non-refundable except where required by law or expressly stated in writing.
Rivets are a unit of service consumption, not a financial instrument. Unused Rivets expire at the end of the billing period unless your order documentation provides otherwise. Rivets have no cash value and cannot be exchanged outside of TGL services.
Acceptable use
You agree not to use our services in ways that would harm us, our other customers, or the people who use TGL inside your business. Specifically, you agree not to:
- Break the law, infringe anyone’s intellectual property, or violate anyone’s privacy.
- Reverse engineer, decompile, or attempt to extract the underlying source code of our products, except to the extent that applicable law expressly permits.
- Interfere with the security or integrity of our services, scan or probe our systems, or attempt to gain unauthorized access.
- Use our services to build a competing product, or to benchmark performance for the purpose of building a competing product.
- Upload content that’s illegal, harmful, deceptive, or that you don’t have the right to share.
- Resell, sublicense, or otherwise make our services available to third parties outside your organization, except as expressly permitted by your order documentation.
Your data
You own the data you put into our services. You give us the rights we need to deliver the services (host, process, transmit, display, and back up that data) and to improve them. We process personal data in accordance with our Privacy Policy.
You’re responsible for getting any consents or rights needed to send us the data you send us, including data about your employees and customers. If you operate in a regulated industry or a jurisdiction with specific data protection requirements, you agree to use our services in a way that meets those requirements.
Our intellectual property
The TGL platform, our products, our documentation, our brand, our Rivet system, and the underlying software, designs, and content are owned by The Graphite Lab Inc. and our licensors. We grant you a limited, non-exclusive, non-transferable right to use the services for your internal business purposes during your subscription term. We reserve all rights not expressly granted in these Terms.
Feedback
If you send us feedback, suggestions, or ideas about our services, you grant us a perpetual, irrevocable, royalty-free right to use that feedback to improve what we build. We won’t identify you as the source of the feedback without your permission.
Third-party services
Our products integrate with third-party services (for example, ServiceTitan, payment processors, email providers, and analytics platforms). Your use of those services is governed by their own terms and privacy policies. We aren’t responsible for the availability, performance, or content of third-party services.
Confidentiality
Each of us may share information with the other that’s confidential. We each agree to protect the other’s confidential information using the same care we use for our own, and to use it only to perform our obligations under these Terms. This obligation continues for two years after our relationship ends.
Warranties and disclaimers
We provide our services with reasonable care and skill. Beyond that, our services are provided “as is” and “as available.” To the maximum extent permitted by law, we disclaim all other warranties, whether express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.
We don’t warrant that our services will be uninterrupted, error-free, or completely secure, that any data will be preserved in all circumstances, or that any results from using our services will match what you expect. Software is software.
Limitation of liability
To the maximum extent permitted by law, neither party will be liable to the other for any indirect, incidental, special, consequential, or punitive damages, including lost profits, lost revenue, lost data, or business interruption, arising out of or related to these Terms or your use of our services, even if the party has been advised of the possibility of those damages.
Each party’s total liability arising out of or related to these Terms will not exceed the fees you paid us in the twelve months immediately before the event that gave rise to the claim.
Nothing in these Terms limits liability that can’t be limited under applicable law, including liability for fraud, willful misconduct, or personal injury caused by negligence.
Indemnification
You agree to defend, indemnify, and hold harmless The Graphite Lab Inc., its affiliates, and our respective employees and contractors from any third-party claim, loss, or expense (including reasonable attorneys’ fees) arising out of your use of our services in violation of these Terms or applicable law, or any data you provide to us in violation of someone else’s rights.
Term and termination
These Terms apply for as long as you use our services. You can stop using our services and cancel your subscription at any time. We may suspend or terminate your access if you materially breach these Terms and don’t cure the breach within a reasonable period after we notify you, or immediately if continued access would create a legal, security, or operational risk.
On termination, your right to use the services ends. We will, on request and for a reasonable period after termination, help you export your data. After that period, we may delete your data in accordance with our retention practices and applicable law. Sections that by their nature should survive termination will survive, including the sections on intellectual property, confidentiality, disclaimers, limitation of liability, and governing law.
Changes to these Terms
We may update these Terms from time to time. When we make material changes, we’ll post the updated Terms here and update the effective date at the top. If you keep using our services after the updated Terms take effect, that means you accept the changes. If you don’t agree with the changes, please stop using the services and contact us.
Governing law and disputes
These Terms are governed by the laws of the Commonwealth of Pennsylvania, without regard to its conflict-of-laws principles. You and TGL agree that any dispute arising out of or related to these Terms will be resolved exclusively in the state or federal courts located in Philadelphia, Pennsylvania, and each of us consents to the personal jurisdiction of those courts.
Miscellaneous
These Terms (together with any order documentation and the Privacy Policy) are the entire agreement between you and TGL about the services. If any part of these Terms is found unenforceable, the rest will stay in effect. Our failure to enforce a right under these Terms isn’t a waiver of that right. You can’t assign these Terms without our written consent. We may assign them to an affiliate or as part of a merger, acquisition, or sale of assets.
Contact us
Questions about these Terms? Email us at contact@thegraphitelab.com.