Terms of Service

1. Acceptance, business use, and eligibility

These Terms of Service form a legal agreement between the subscribing person or business and Trade Command LLC, a Kansas limited liability company. Trade Command LLC operates the TradeCommand product. In these Terms, “TradeCommand,” “we,” “us,” and “our” mean Trade Command LLC. “Company” means the subscribing business, and “Authorized User” means an individual the Company permits to use its workspace.

TradeCommand is offered for business-to-business use by United States field-service businesses. You must be at least 18 years old, able to enter a binding contract, and authorized to bind the Company. By checking the agreement box, creating an account, or using the service after receiving these Terms, you agree to them and to the Privacy Notice and Cancellation & Refund Policy. If you do not agree, do not use the service.

2. TradeCommand service

TradeCommand provides web-based tools for field-service operations, including scheduling, dispatch, customer and property records, jobs, estimates, invoices, service plans, inventory, employee access controls, time records, reports, location features, and provider-connected add-ons. Features vary by plan, role, device, provider approval, configuration, and availability. The service is licensed, not sold, for the Company’s internal business operations during an active subscription.

TradeCommand may improve, replace, limit, or discontinue features and may perform maintenance. We will use reasonable efforts to avoid material disruption and provide notice when practical, but we do not promise that every feature will always be available, error-free, or compatible with every device or third-party service. Beta, trial, or preview features may change or end and should not be relied on for critical records or safety.

Native Tap to Pay is available only on supported devices, in supported countries, after the Company and device user complete any Stripe or device platform terms and verification. It requires an internet connection, location permission, an eligible connected Stripe account, and the official TradeCommand mobile app. Browser access alone does not turn a phone into a contactless payment reader.

3. Accounts, roles, and company authority

The first Company account is the Owner. The Owner is the highest company authority in TradeCommand and controls billing, roles, permissions, and the Company workspace. Admin, Dispatcher, Technician, and other delegated users have only the access granted by the Owner and the role hierarchy. An Admin does not outrank the Owner and cannot remove, demote, transfer, or override the Owner. The Owner may change or revoke an Admin’s access.

The Company is responsible for selecting appropriate permissions, reviewing user activity, removing former personnel promptly, keeping at least one authorized Owner, and preventing credential sharing. Each user must use an individual account, safeguard passwords and setup links, and notify us promptly of suspected unauthorized access. Actions taken through a valid Company session are treated as Company actions unless prohibited by law.

TradeCommand platform administrators may access limited account information when reasonably necessary for support, billing, security, fraud prevention, legal compliance, or service operation. Platform administration does not change the Owner’s authority within the Company or make TradeCommand the Company’s employer, manager, or business partner.

4. Orders, subscriptions, add-ons, and payment

Your selected order shows the plan, included accounts, price, billing interval, add-ons, discounts, and applicable taxes before payment. Unless the order states otherwise, paid plans and active paid add-ons renew automatically each month until canceled. You authorize the billing provider to charge the payment method on file for recurring fees, additional seats, approved add-ons, prorations, taxes, and other amounts disclosed before purchase.

You must keep billing information current and pay charges when due. Access may be limited or suspended after a failed or reversed payment. Pricing may change prospectively after reasonable notice; a changed price applies no earlier than the next renewal identified in that notice. Promo codes are subject to their stated eligibility, duration, and limits and cannot be redeemed for cash.

Cancellation timing, proration, refunds, failed payments, seat billing, and current add-on prices are governed by the Cancellation & Refund Policy, which is incorporated into these Terms. Except where required by law or expressly stated in that policy, charges are nonrefundable. The Company is responsible for taxes arising from its purchases or use, other than taxes on our income.

5. Your customers, employees, and field-service work

TradeCommand supplies software; the Company alone contracts with and performs services for its customers. We do not license contractors, recommend work, inspect jobs, set prices, guarantee estimates, collect customer debts, supervise employees, or warrant the Company’s labor, materials, safety, code compliance, or customer service. The Company is responsible for licenses, permits, insurance, taxes, workplace safety, employment decisions, customer agreements, warranties, and all laws that apply to its business.

The Company must obtain all rights, notices, permissions, and consents needed to enter customer and employee information; take and store jobsite photos and professional employee photos; display company branding or license details; collect signatures; send email or other communications; record payments; and use personal or property information. TradeCommand is not a party to disputes between a Company and its customers, employees, contractors, vendors, or property owners.

Customer status notifications and automatic invoice delivery are controlled by the Company and default off. The Company is responsible for accurate destinations, transactional-message consent, opt-outs, message content, and lawful use of each employee photo. If the Company separately enables live arrival tracking, an On My Way notice may include a time-limited link showing the assigned worker's latest available location and, when uploaded and enabled, that worker's professional photo as the map marker. The Company must tell the worker and customer about this disclosure and obtain any consent required by law. A device-composer text is prepared for a human to review and send; it is not proof that TradeCommand sent the message or that it came from the business number saved in the application.

Customer Messaging is a text-only, one-to-one beta for service and account conversations. When it is expressly activated, TradeCommand sends and receives SMS through Twilio using the Company's configured business number; an employee's personal mobile number is not used as the sender and is not disclosed to the customer. The beta does not include MMS, group customer texts, marketing campaigns, purchased lists, emergency messaging, or bulk or automated promotional messaging. An outbound message is limited to three SMS segments, and carrier filtering, delay, failure, or reassignment of a number remains possible.

The Company must obtain and preserve the customer's prior express consent before the first service or account text, using the disclosure presented by TradeCommand, and must record the source, version, and time of consent. Marketing consent is separate and is not created by service-text consent. The Company must honor a customer's STOP request immediately across its TradeCommand SMS activity, provide the configured HELP path, and send no further text unless the customer later opts in through an approved process. The Company is responsible for correct phone numbers, message content, telephone consumer-protection, telemarketing, quiet-hours, do-not-call, privacy, recordkeeping, and industry-specific requirements.

The Owner controls Customer Messaging activation and must ensure that every worker with access is authorized, trained, and given any required workplace notice. Owners, Office Admins, and Dispatchers may access the shared Company inbox. A Technician may access only current assigned-customer conversations and only when the Owner grants the specific permission. The Company must promptly revoke access after reassignment or offboarding and must not use the inbox for passwords, payment-card or banking data, health records, government identifiers, emergencies, threats, harassment, or unlawful monitoring.

The Owner may submit carrier registration inside TradeCommand. The Owner authorizes TradeCommand to create and manage an isolated provider account, Customer Profile, Brand, Campaign, Messaging Service, event subscription, and local number for the Company and certifies that every submitted legal, tax, address, website, and representative detail is accurate. TradeCommand does not retain the complete EIN after sending it to the carrier. A true sole proprietor without an EIN must complete the carrier's required mobile verification by replying YES; that step cannot be completed by TradeCommand. Live Customer Messaging remains unavailable until United States A2P carrier registration, default carrier opt-out handling, signed inbound and status webhooks, number registration, and TradeCommand production gates are verified. Twilio and carriers may charge for number rental, registration or campaign review, inbound and outbound message segments, taxes, surcharges, and other carrier fees. Those provider charges are separate from the published TradeCommand base-plan prices and are borne by the party identified as responsible for the managed messaging program. TradeCommand will not charge the Company's payment method for those carrier fees without separate advance notice and authorization. Pausing the inbox does not necessarily cancel a provider account, number, registration, or carrier charge.

If the Company activates TradeCommand Voice, the Company is responsible for lawful caller identification, contact permissions, telemarketing and do-not-call rules, employee monitoring notices, and every disclosure or consent required for communications. Voice may not be used for emergency or 911 calling, automated telemarketing, unlawful spoofing, or harassment. Incoming calls ring eligible users' saved telephone numbers. Outgoing calls first ring the initiating user's saved telephone number and may connect only a number assigned to a TradeCommand customer. The customer sees the shared business number rather than the employee's saved personal number. These are physical-phone bridges and can ring while the TradeCommand browser is closed; TradeCommand does not provide browser audio, voicemail, or transcription for Voice. Call recording is off by default. The Company Owner may separately enable announced recording and choose a supported retention period. When enabled, the caller and connected worker receive an automated recording announcement, and authorized Owners, Office Admins, and Dispatchers may play the Company recording. Playback is logged. Technicians cannot access it.

If the Company activates Call Tracking, it authorizes TradeCommand to reserve inbound voice-only numbers, associate each number with a marketing source and editable campaign label, announce an optional private call whisper, and forward calls to the destination selected by the Company. The Company is responsible for the accuracy and lawful use of its source labels, destination number, caller disclosures, advertising, telemarketing, and do-not-call practices. Tracking numbers may not be used for texting, outbound dialing, transcription, emergency or 911 calling, unlawful spoofing, or harassment. The Owner may separately enable the same announced recording controls for inbound tracking calls. Voice + Call Tracking replaces the standalone Call Tracking base charge and does not create a second concurrent telephony subscription.

The Company is responsible for determining whether recording is lawful for every caller, worker, and location; giving any additional notice or obtaining any consent required by law; limiting access; and honoring applicable retention, deletion, litigation-hold, and record requests. The automated announcement cannot be disabled while recording is on. Recorded calls must not be used to collect payment-card numbers, bank details, passwords, health records, government identifiers, or other highly sensitive information. Use TradeCommand's secure Stripe payment workflow instead. Recording does not make Voice suitable for emergency or 911 calls.

Team Chat is a company-managed workplace communication tool and is not a private messaging service. Every Company Owner may review all direct and group conversations in that Company workspace, including conversations the Owner did not join. The Owner may grant the same read-only oversight access to an Office Admin or Dispatcher. Oversight access is logged, does not make the reviewer a participant, and does not permit that reviewer to send a message unless separately included in the conversation.

The Company must give workers all notice required by employment, labor, privacy, wiretap, and workplace-monitoring law before allowing Team Chat use. Authorized Users must not use Team Chat for harassment, unlawful monitoring, emergencies, passwords, payment-card or banking data, health records, or government identification numbers. Deactivating an account does not erase messages or their authorship from the Company record.

Phone-number inventory is controlled by the carrier. Call Tracking numbers are not reserved until purchase is confirmed. TradeCommand Voice reuses the Company's approved Business Texting subaccount, profile, and number; Voice cancellation does not release that shared texting number. TradeCommand may suspend separately assigned tracking numbers after cancellation or failed payment and release them after the retention period in the Cancellation & Refund Policy. The Company must not promise ownership or recovery of a released number. Purchasing or activating Voice or Call Tracking does not by itself activate Customer Messaging, include SMS usage, or establish A2P registration, even if the number is technically SMS-capable.

Electronic signatures and approval records are operational tools. The Company is responsible for deciding whether a particular signature or approval process satisfies applicable law and for retaining any additional records required for its contracts.

If the Company connects a Stripe account for customer payments, the Company remains the merchant of record for every job and invoice payment. The Company—not Trade Command LLC—sets the amount, provides the work, obtains customer authorization, issues any required receipt or tax document, and is responsible for refunds, disputes, chargebacks, fraud review, taxes, card network rules, and consumer-protection obligations. TradeCommand provides the software connection and ledger; Stripe securely collects card details and processes the direct charge under Stripe’s separate connected-account terms.

The same merchant-of-record allocation applies when the Company sells a recurring customer Service Plan. The Company sets the plan price, cadence, benefits, cancellation and refund terms; obtains the customer's informed recurring-payment authorization in Stripe Checkout; delivers the promised service; and handles notices, taxes, disputes, refunds, and consumer-law obligations. Stripe saves the payment method and renews the subscription until cancellation. TradeCommand stores provider references, billing state, and limited card display details, but not the full card number or security code.

Customer-payment funds settle to the Company’s connected Stripe account and are not Trade Command LLC revenue. TradeCommand does not hold customer funds, promise payout timing, guarantee that a payment or refund will succeed, or decide a customer dispute. The Company must keep its Stripe onboarding, identity, bank, payout, and compliance information current and must promptly review any restricted, refunded, disputed, duplicated, or overpaid payment.

When the Automatic Instant Payouts rollout is available, only the Company Owner may enable it, select an eligible destination, accept the current payout authorization, and confirm the change with the Owner's current TradeCommand password. That authorization permits TradeCommand to request future Instant Payouts without a separate confirmation for each request, but only for requests calculated and capped from the provider-net amount of one future eligible TradeCommand invoice card payment collected after enablement. Stripe card balances are fungible, so Stripe cannot bind the payout to that specific Charge. TradeCommand does not request an aggregate or full-balance sweep. Trade Command LLC receives a service fee equal to 1% of each amount requested for automatic instant delivery, separate from ordinary payment-processing fees.

Enabling Automatic Instant Payouts changes the connected Stripe payout schedule to Manual while the feature is active or paused. Funds that are not instant-eligible remain in Stripe and are not sent automatically. Turning the feature off stops new automatic requests and restores the exact supported schedule saved at enablement; already-submitted payouts continue. A changed or ineligible destination, stale authorization, provider error, pricing mismatch, or disabled payout capability may pause the feature and leave the schedule Manual until the Owner restores standard payouts or completes a safe review. Standard payouts carry no additional TradeCommand payout fee.

The Owner may separately open Stripe's authenticated embedded payout center. A manual payout requested there can use other eligible funds in the connected Stripe balance and is governed by Stripe's displayed choices and rules. Stripe controls eligibility, destination support, limits, authentication, and delivery status. Instant funds typically arrive within 30 minutes, including on weekends and holidays, but eligibility and timing are not guaranteed. An Instant Payout does not make the underlying customer charge final; refunds, disputes, reversals, reserves, or a negative balance remain the Company's responsibility under its Stripe terms.

A customer’s online booking submission is a request for contact, not a confirmed appointment, dispatch, contract, estimate, or promise of service. The Company must review the request, contact the customer, and separately confirm and schedule any job.

6. Timekeeping, employee records, and GPS

Time-clock entries, approvals, edits, and location pings are recordkeeping tools. They do not determine whether a person is an employee or contractor, whether time is compensable, or whether overtime, breaks, travel time, minimum wage, prevailing wage, or other requirements apply. Employees must report accurate time, and the Company must review and correct records, pay for all compensable work even when a punch is missing or inaccurate, handle disputes, and retain legally required wage and hour records.

When enabled and permitted by the device, TradeCommand collects a user’s location only during an active clocked-in shift. Location may be delayed, imprecise, unavailable, or interrupted when a browser is closed, a phone restricts background activity, permissions are revoked, or connectivity is limited. GPS is not an emergency, safety, attendance, theft-prevention, or guaranteed real-time monitoring service.

The Company Owner can view the latest available location of clocked-in workers. The Owner may separately grant this permission to an Office Admin or Dispatcher and may remove it at any time. A free-text manager title, ordinary office access, or another role does not itself grant location access. A permission change does not make an interrupted or stale device reading live.

Live customer arrival tracking is optional and defaults off. When enabled, an On My Way message may contain an expiring link that does not require a TradeCommand login. Anyone who receives or is forwarded that link may be able to view the assigned worker's latest available location, professional name, and optional professional photo while the link remains active. The Company and customer should therefore treat the link as sensitive and share it only with intended recipients. The link stops providing location when the worker clocks out, the job is no longer On My Way, the assignment changes, the Company revokes it, or its short expiration period ends. Link access does not extend GPS collection beyond an active clocked-in shift.

Before enabling GPS, the Company must give each affected worker all notices, obtain any consent, and satisfy any union, employment, privacy, monitoring, vehicle, or device rules that apply. Owner acceptance of these Terms does not replace an individual worker notice or device permission. Those notices must also explain any customer-facing live link and professional-photo marker the Company enables. The Company may use location only for a lawful, disclosed business purpose and must not use it for harassment, unlawful surveillance, or discrimination.

7. QuickBooks approved-time handoff

For an active TradeCommand plan, an authorized Company user may map an expressly classified W-2 worker to one QuickBooks Online employee and one active QuickBooks Service Item, review a fixed set of eligible approved time, and send that set to the connected QuickBooks company as TimeActivity records. The TradeCommand fee for this beta workflow is currently $0. The Company must maintain and pay for its own compatible Intuit subscription.

This workflow is a time-record handoff, not full-service payroll. It does not calculate wages, overtime, taxes, deductions, garnishments, benefits, or net pay; initiate direct deposits; file or remit taxes; create paychecks; select QuickBooks Payroll compensation items; or guarantee that time will appear in or be paid through QuickBooks Payroll. The Company must review the resulting QuickBooks records and complete its payroll process in Intuit or with its payroll professional.

The Company remains the employer and is solely responsible for worker classification, compensable-time decisions, rates, overtime, payroll setup, employee mappings, Service Item mappings, tax and wage compliance, funding, filings, corrections, and recordkeeping. TradeCommand excludes unsupported, unapproved, open, overnight, self-approved, 1099, unmapped, or otherwise ineligible entries from the handoff. Review approval applies only to the displayed set; if its time, classification, mapping, connection, or activity state changes before submission, the authorization expires and must be reviewed again.

8. Financing illustrations, reports, and operational calculations

The current financing calculator produces illustrations from values entered by the user. It is not a credit application, offer, approval, commitment, loan estimate, or guarantee of any rate, payment, term, or financing availability. TradeCommand is not currently acting as a lender or broker. If a lender integration is later activated, that lender’s disclosures, eligibility decision, agreement, and privacy terms control.

Reports, margins, inventory counts, conversion figures, payroll summaries, schedules, route information, alerts, and other calculations depend on Company-entered data and may be incomplete or inaccurate. Estimated gross margin is not net profit. Reports are not audited or GAAP financial statements and are not legal, tax, accounting, employment, lending, or financial advice. Verify source records before making payroll, tax, credit, employment, safety, inventory, or business decisions.

9. Company Data, content, and confidentiality

As between the Company and TradeCommand, the Company retains ownership of customer records, employee records, pricing, photos, documents, signatures, and other content it submits (“Company Data”). The Company grants us a limited, nonexclusive license to host, copy, process, transmit, back up, display, and otherwise use Company Data only as needed to provide, secure, support, and improve the service; comply with law; and enforce these Terms. We do not obtain ownership of Company Data through this license.

The Company represents that it has the rights needed to submit and use Company Data and that the content is accurate, lawful, and not infringing. When importing data from another service, the Company also represents that it is authorized to export and transfer those customer and business records. Imports may skip unsupported, incomplete, conflicting, or duplicate rows and require the Company to review the preview and reconnect payment methods in TradeCommand. TradeCommand does not transfer source-system passwords or stored customer card credentials. Do not upload full payment-card data, bank credentials, health records, government identification numbers, or other sensitive information unless a purpose-built TradeCommand or provider flow expressly requests it.

Team Chat messages, conversation names, participants, timestamps, read state, and monitoring audit events are Company Data. Direct conversations are visible to their participants and to authorized company oversight described above. Trade Command LLC does not grant Platform Admin or support accounts chat access merely because they can administer the service.

Customer Messaging conversation bodies, customer phone numbers, thread and customer links, employee sender identity, consent and opt-out evidence, segment usage, delivery state, and provider references are Company Data. The shared inbox is a Company business record, not a private employee-to-customer channel. Authorized Company users may review it according to their role and current assignment. TradeCommand may retain delivery, consent, suppression, and security evidence after a conversation or account is closed when reasonably needed for carrier reconciliation, disputes, legal holds, abuse prevention, or legal obligations.

We may create aggregate or deidentified service statistics that do not identify the Company, its customers, or its workers. We may use those statistics to operate, secure, measure, and improve TradeCommand. Details about categories, purposes, providers, retention, location data, and choices appear in the Privacy Notice.

Each party will use reasonable care to protect the other party’s nonpublic business information and will use it only for this agreement, except for information that is public through no breach, independently developed, rightfully received from another source, or required to be disclosed by law.

10. Acceptable use

You and your Authorized Users must not:

• break the law, violate another person’s rights, or use data without a lawful business purpose;
• access another company’s workspace or bypass authentication, permissions, seat limits, or security controls;
• share credentials, impersonate another person, or submit false account, billing, payroll, or financing information;
• upload malware, harmful code, unlawful surveillance material, infringing content, or regulated data through an unapproved field;
• probe, scrape, overload, reverse engineer, copy, resell, or interfere with the service except where a restriction is prohibited by law;
• send spam, unlawful marketing, threats, harassment, or communications lacking required consent; or
• use TradeCommand for emergency response, life-safety monitoring, dispatch of emergency services, or any use where failure could cause death or serious injury.

We may investigate suspected misuse and preserve or disclose information as reasonably necessary to protect users, the service, or others; respond to lawful process; or comply with law.

11. TradeCommand ownership, license, and feedback

TradeCommand and its software, design, branding, documentation, and underlying technology are owned by us or our licensors and are protected by intellectual-property laws. Subject to these Terms and payment of fees, we grant the Company a limited, revocable, nonexclusive, nontransferable right to permit Authorized Users to access the service for internal business use. No other right is granted.

If you voluntarily provide ideas or feedback, you permit us to use them without restriction or compensation. This does not give us rights to your Company Data, trademarks, customer lists, or confidential information. TradeCommand will not publicly use the Company’s name or logo as an endorsement without permission.

12. Third-party services

TradeCommand may connect to payment, accounting, banking, maps, email, storage, authentication, analytics, telephone, SMS, or future financing providers. Those services may require separate approval and separate terms. We do not control and are not responsible for a third party’s acts, decisions, outages, security, pricing, eligibility rules, holds, reversals, or data practices. By enabling an integration, the Company instructs us to exchange the information needed to provide it. Disabling an integration may not cancel a separate third-party agreement.

For Customer Messaging, Twilio and downstream mobile carriers process the Company number, customer number, message content, routing information, delivery state, and compliance signals needed to transmit and manage SMS. Provider and carrier terms, acceptable-use rules, registration decisions, content filtering, pricing, and data practices apply separately. TradeCommand does not guarantee that A2P registration will be approved or that a carrier will accept or deliver any message.

Google Maps address matching, property imagery, directions, and schedule maps are convenience features supplied by Google. A selected result means the service address was matched to a Google place identifier; it does not verify ownership, occupancy, parcel boundaries, building condition, square footage, year built, or that Street View shows the correct entrance. Imagery may be old, unavailable, or captured from the nearest public road. The Company remains responsible for confirming the address with its customer and using map content in accordance with Google's terms.

QuickBooks Online is an optional, Owner-controlled accounting integration. TradeCommand exports eligible records to the QuickBooks company selected by the Owner; it does not replace the Company’s separate Intuit subscription or accounting review. In this release the export is one-way. QuickBooks edits may be flagged for review but do not silently overwrite TradeCommand records. The Company is responsible for chart-of-accounts mappings, tax treatment, closing entries, processor fees, payouts, and review with its accountant.

When the approved-time beta is used, eligible W-2 time is sent through the public QuickBooks Online Accounting API as TimeActivity records. It does not use or promise access to Intuit's restricted Payroll Compensation API. Intuit controls whether a Company's QuickBooks products accept, display, or use a TimeActivity record in a later payroll workflow.

13. Suspension, cancellation, and termination

We may limit or suspend access for nonpayment, security risk, unlawful use, fraud, provider restriction, abuse, or material breach. When reasonably safe and practical, we will provide notice and an opportunity to cure. We may act immediately to prevent harm or comply with law. The Owner may cancel as described in the Cancellation & Refund Policy.

Before cancellation, the Company should export records it must keep. After termination, access may end and data may be retained, deleted, or made inaccessible according to the Privacy Notice, backup cycles, legal holds, unresolved disputes, provider duties, and applicable law. Termination does not erase amounts already due or transfer the Company’s legal duties to us. Provisions that by nature should survive—including ownership, confidentiality, payment obligations, disclaimers, indemnity, limitations, dispute terms, and record responsibilities—will survive.

14. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TRADECOMMAND IS PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, AND RESULTS. WE DO NOT WARRANT THAT THE SERVICE, REPORTS, GPS, TIME RECORDS, PAYROLL WORKFLOWS, CUSTOMER MESSAGING, MESSAGE DELIVERY, FINANCING ILLUSTRATIONS, PROVIDERS, OR STORED DATA WILL BE UNINTERRUPTED, ERROR-FREE, COMPLETE, OR SUITABLE FOR A COMPANY’S LEGAL OR BUSINESS OBLIGATIONS.

Some jurisdictions do not allow particular exclusions, so these disclaimers apply only to the extent permitted by law. Nothing in these Terms waives a warranty or right that cannot lawfully be waived.

15. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER TRADECOMMAND NOR ITS LICENSORS OR SERVICE PROVIDERS WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES; LOST PROFITS, REVENUE, BUSINESS, DATA, OR GOODWILL; OR THE COST OF SUBSTITUTE SERVICES, ARISING FROM OR RELATED TO THE SERVICE, EVEN IF ADVISED SUCH DAMAGE WAS POSSIBLE.

TRADECOMMAND’S TOTAL LIABILITY ARISING FROM OR RELATED TO THE SERVICE WILL NOT EXCEED THE FEES THE COMPANY PAID TO TRADECOMMAND FOR THE THREE MONTHS IMMEDIATELY BEFORE THE EVENT GIVING RISE TO THE CLAIM.

These limits do not apply where prohibited by law and do not limit liability that cannot lawfully be limited. They apply collectively to all claims and regardless of the legal theory asserted.

16. Company indemnity

To the extent permitted by law, the Company will defend and indemnify TradeCommand and its personnel from third-party claims, losses, judgments, penalties, and reasonable legal costs arising from the Company’s field work; customer or employment relationships; Company Data; payroll instructions; location monitoring; communications; violation of law or another person’s rights; or material breach of these Terms. We will give reasonable notice, allow the Company to control the defense with qualified counsel, and provide reasonable cooperation. The Company may not settle a claim in a way that admits fault by or imposes nonmonetary duties on TradeCommand without consent.

17. Changes and electronic notices

We may update these Terms to reflect product, provider, legal, security, or business changes. The current version and effective date will be posted here. For a material change, we will provide reasonable notice through the service, account email, or another appropriate method and may require renewed acceptance. Continued use after the stated effective date constitutes acceptance where permitted by law. Electronic records, clicks, and notices may be used in connection with this agreement; you may download or print these Terms at any time.

18. Governing law and disputes

Before filing a lawsuit, each party agrees to send written notice describing the dispute and requested resolution and to allow 30 days for good-faith informal resolution, unless emergency injunctive relief is reasonably needed. These Terms are governed by Kansas law, without regard to conflict-of-law rules. Any lawsuit that is not resolved informally must be brought in the state courts located in Johnson County, Kansas, or the federal court with jurisdiction over that county, and each party consents to those courts. Eligible claims may still be brought in small-claims court.

19. General provisions

These Terms, the Privacy Notice, the Cancellation & Refund Policy, the accepted order, and any activated addendum form the entire agreement about the service and replace prior discussions on that subject. If a conflict exists, a signed order or feature-specific addendum controls for that feature, followed by these Terms and then the other policies. The Company may not assign this agreement without our consent, except with a merger or sale of substantially all of its business if the successor assumes these obligations. We may assign it as part of a reorganization, financing, merger, or sale.

If a provision is unenforceable, it will be adjusted only as much as needed and the remainder will continue. A failure to enforce a provision is not a waiver. Neither party is liable for delay caused by events beyond reasonable control, except that payment obligations and required data-security actions are not excused. Headings are for convenience. No agency, partnership, joint venture, franchise, fiduciary, employment, or exclusive relationship is created.

20. Contact

Legal notices to Trade Command LLC may be sent to the email contact listed below. Include the Company name, Owner email, and enough information to identify the issue. Do not include passwords, setup codes, bank credentials, full payment-card numbers, Social Security numbers, or tax identifiers.