Terms of Service

This agreement is between FlowTaskGen LLC(“we”, “us”) and the company that subscribes to NailWhale(“you”). The person who accepts these terms confirms they are authorised to do so on that company’s behalf.

Your account holds a workspace for your company. Every user you invite is covered by this agreement, and you are responsible for what they do in the account.

NailWhale is a hosted service for running contracting jobs: a pipeline of jobs and stages, tasks, clients, proposals, payment schedules, invoices, recorded payments, files and notifications.

We provide the service as it exists at the time you use it. We add and improve features regularly. If we ever remove a feature you rely on, we will tell you before it happens rather than after.

We aim to keep the service available continuously, but we do not promise uninterrupted availability. Maintenance, third-party outages and faults happen. We do not currently offer a contractual uptime guarantee; if you need one, talk to us before subscribing.

• You are responsible for keeping login credentials secure, and for removing access when someone leaves your company.
• You must give us accurate account and billing information and keep it current.
• You may not use the service to break the law, to store other people's data you have no right to hold, or to attempt to reach another customer's data.
• You may not resell, sublicense or white-label the service without our written agreement.

The subscription is $699 per month for unlimited users, plus a one-time $1,500 setup and onboarding fee. Prices are in US dollars and exclude any taxes that apply to you.

Payments are processed by Stripe. We do not receive or store your card number. Your subscription renews automatically each month until you cancel.

You can cancel at any time from the billing portal linked inside the application. Cancellation takes effect at the end of the period you have already paid for; we do not refund the remainder of a period, and we do not require notice, a phone call or a reason.

If a payment fails, we will contact you and give you a reasonable chance to fix it before suspending access. We will not delete your data because of a failed payment without telling you first - see section 6.

We may change our prices. If we change the price that applies to you, we will give you at least 30 days’ notice before it takes effect, and you can cancel before it does.

Everything you put into NailWhale - your jobs, clients, documents, photos and financial records - remains yours. We claim no ownership of it.

We process it only to provide the service to you, and as described in our Privacy Policy and Data Processing Addendum. We do not sell it, and we do not use your customers’ personal information for our own marketing.

You can ask us for an export of your data at any time while your account is active, and we will provide it in a machine-readable format.

You may stop using the service at any time. We may end this agreement if you materially breach it and do not fix the breach within 30 days of us telling you about it, or immediately if your use puts the service or other customers at risk.

After your account ends, we keep your data for 30 days so you can ask for an export or change your mind. After that we delete it from live systems, and it ages out of encrypted backups on our providers’ ordinary retention cycle.

The software, its design and its documentation are ours. Your subscription is a licence to use it, not a transfer of it. You may not copy, reverse engineer or create a competing product from it.

If you send us feedback or a feature request, we may act on it without owing you anything for it. That is how the product gets better for everyone, and we would rather you kept telling us.

NailWhale helps you record and organise your business. It is not legal, tax or accounting advice.

In particular: the payment schedules, proposals and contract documents you produce with it are yours. Home-improvement contracts are regulated differently in every state, including limits on deposits, required notices and cancellation rights. We do not supply the schedules or the contract language, and we cannot confirm that what you produce complies with the rules where you work. Have your own attorney review your documents.

Where the service drafts text for you, the draft is a starting point that you are responsible for reading, correcting and approving before it goes to a customer.

We provide the service “as is”. To the extent the law allows, we disclaim implied warranties of merchantability and fitness for a particular purpose.

To the extent the law allows, neither party is liable for indirect, incidental or consequential damages, or for lost profits. Our total liability arising out of this agreement is limited to the fees you paid us in the 12 months before the event giving rise to the claim.

Nothing in this section limits liability that cannot be limited by law, including for fraud or wilful misconduct.

We may update these terms. If a change materially affects your rights, we will notify you at the email address on your account at least 30 days before it takes effect. Continuing to use the service after that means you accept the updated terms.

This agreement is governed by the laws of the State of South Carolina, without regard to its conflict-of-laws rules, and the state and federal courts located there have exclusive jurisdiction over any dispute arising from it.

• If any part of this agreement is unenforceable, the rest still applies.
• Not enforcing a right immediately does not waive it.
• You may not transfer this agreement without our consent. We may transfer it as part of a merger or sale of the business.
• This agreement, together with the Privacy Policy and the Data Processing Addendum, is the whole agreement between us about the service.

Questions about any of this can go to hello@nailwhale.com before you sign up, not just after.