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These Terms of Service ("Terms") govern your access to and use of the Dspatch platform and related websites and applications (the "Service"), provided by Dspatch Inc. ("Dspatch", "we", "us"). By creating an account or using the Service, you agree to these Terms.
Dspatch provides field-service management software for scheduling, dispatch, crew management, quotes, invoicing, and payment collection. We may update, add, or remove features over time.
You must provide accurate information when creating an account and are responsible for safeguarding your login credentials and for all activity under your account. You must be authorized to bind your company to these Terms. You are responsible for your crew members' and administrators' use of the Service.
New accounts may receive a 14-day free trial with full access and no credit card required. After the trial, continued use requires a paid subscription to one of our plans. Subscriptions are billed in advance on a recurring basis through our payment processor and renew automatically until cancelled. Fees are non-refundable except where required by law. We may change pricing with reasonable notice.
Payments to Dspatch, and payments you collect from your own customers through the Service, are processed by Stripe and are subject to Stripe's terms. You are responsible for the accuracy of charges you initiate and for your relationship with your own customers, including refunds and disputes.
Platform transaction fee. In addition to any subscription fees, Dspatch charges a platform fee on payments you collect from your customers through the Service, currently 0.59% + $0.55 per transaction (minimum $0.55), which is deducted automatically at the time of each transaction. This fee is separate from and in addition to Stripe's own processing fees. We may change this fee with reasonable prior notice.
Authorization for saved payment methods. When a customer of a Tenant saves or stores a payment method through the Service (including through a Tenant's client portal or when paying an invoice), that customer authorizes the Tenant to charge the saved payment method for amounts the customer owes to the Tenant — including invoices, deposits, recurring charges, and other agreed amounts — until the customer removes the saved payment method or revokes the authorization by contacting the Tenant. Charges initiated by a Tenant against a saved payment method are made with the customer's authorization and on the Tenant's behalf. Dspatch is not a party to that authorization, does not initiate, control, or review such charges, stores no card numbers, and has no responsibility for the accuracy, timing, or legitimacy of any charge; any dispute regarding a charge is solely between the customer and the Tenant.
You retain ownership of the data and content you submit to the Service ("Customer Data"). You grant us a limited license to host, process, and use Customer Data solely to provide and improve the Service and as described in our Privacy Policy. You are responsible for ensuring you have the right to collect and upload any personal information about your customers and crew.
You agree not to misuse the Service, including by attempting to access it without authorization, interfering with its operation, uploading unlawful or infringing content, or using it to send unlawful communications. We may suspend access for conduct that violates these Terms or poses a risk to the Service or others.
The Service, including its software, design, and trademarks, is owned by Dspatch and its licensors and is protected by law. Except for the rights expressly granted to you, no rights are transferred.
Each party may have access to the other's confidential information and agrees to use it only as needed to perform under these Terms and to protect it from unauthorized disclosure.
Dspatch is a software platform. Each business ("Tenant") that uses Dspatch to manage its operations is an independent company that is not owned by, operated by, employed by, or acting on behalf of Dspatch. Dspatch is not a party to any agreement, quote, invoice, job, warranty, or other dealing between a Tenant and its customers, and does not supervise, direct, control, or guarantee any Tenant, its workers, or the quality, safety, legality, timing, or outcome of any services a Tenant provides. Any dispute regarding services, billing amounts, refunds, workmanship, property damage, or personal injury is solely between the Tenant and its customer, and you agree that Dspatch and its officers, directors, employees, and agents have no liability for, and you release them from, all claims arising out of or relating to a Tenant's acts or omissions.
Payments are processed by Stripe on the Tenant's own connected account; funds flow directly to the Tenant. If a customer chooses to save a payment method, that payment method is stored and secured by Stripe at the customer's direction and for the customer's convenience, and the customer does so at their own election and risk. Dspatch does not store card numbers and is not responsible for charges initiated by a Tenant, for the accuracy of amounts billed, or for a Tenant's compliance with laws applicable to its business.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, DSPATCH DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. Software inevitably contains bugs and defects; Dspatch does not warrant that the Service will be uninterrupted, timely, secure, accurate, or error-free, that defects will be corrected, or that data will never be lost, delayed, or transmitted incorrectly (including notifications, reminders, invoices, quotes, GPS or time records, and payment status). You are responsible for maintaining independent records and for verifying critical information before relying on it.
The Service is provided "as is" and "as available" without warranties of any kind, whether express or implied, including merchantability, fitness for a particular purpose, and non-infringement, to the maximum extent permitted by law.
TO THE MAXIMUM EXTENT PERMITTED BY LAW: (a) DSPATCH WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, BUSINESS INTERRUPTION, OR COST OF SUBSTITUTE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY; (b) DSPATCH'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (US$100) OR THE AMOUNTS YOU PAID DSPATCH FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM; AND (c) THESE LIMITS APPLY TO ANY THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you; in that case liability is limited to the smallest amount permitted by law.
To the maximum extent permitted by law, Dspatch will not be liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits or data. Our total liability for any claim relating to the Service will not exceed the amount you paid us for the Service in the twelve months before the claim.
If you are a Tenant, you will defend, indemnify, and hold harmless Dspatch and its officers, directors, employees, and agents from and against all claims, demands, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) the services you provide or fail to provide to your customers; (b) claims brought by your customers, workers, or contractors; (c) your content, data, communications (including emails and text messages sent through the Service), and charges you initiate; and (d) your violation of these Terms or applicable law, including telemarketing, privacy, and employment laws.
You agree to indemnify and hold Dspatch harmless from claims arising out of your Customer Data, your use of the Service, or your violation of these Terms or applicable law.
You may cancel your subscription at any time. We may suspend or terminate access for violation of these Terms or non-payment. Upon termination, your right to use the Service ends; we will make Customer Data available for export for a reasonable period unless prohibited by law.
PLEASE READ THIS SECTION CAREFULLY - IT AFFECTS YOUR LEGAL RIGHTS. Except for small-claims matters and requests for injunctive relief to protect intellectual property, any dispute arising out of or relating to these Terms or the Service will be resolved by BINDING INDIVIDUAL ARBITRATION administered by a recognized arbitration provider under its consumer or commercial rules, rather than in court. YOU AND DSPATCH EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR ANY OTHER REPRESENTATIVE OR CONSOLIDATED PROCEEDING; disputes may be brought only in an individual capacity. If the class action waiver is found unenforceable as to a particular claim, that claim (and only that claim) must proceed in court, with the remainder in arbitration. You may opt out of this arbitration agreement by emailing support@dspatch.io within thirty (30) days of first accepting these Terms.
This section is provided as a standard framework and does not constitute legal advice; enforceability varies by jurisdiction.
These Terms are governed by the laws of the State of Texas, United States, without regard to its conflict-of-laws rules, except where mandatory local law applies to you.
We may update these Terms from time to time. Material changes will be posted on this page with a new "Last updated" date; continued use after changes take effect constitutes acceptance.
When you downgrade your subscription, features not included in your new plan are removed when the change takes effect (at your next billing cycle unless stated otherwise). This may include permanent deletion of associated data, such as job checklist templates in excess of your new plan limit (or all templates on plans without checklists), time-off records on plans without time-off management, and API keys on plans without API access. Deleted data cannot be recovered. Export anything you need before downgrading.
Questions about these Terms can be sent to support@dspatch.io.