Terms of Service

Terms of Service

Last updated: 9/28/2025

These Terms of Service (“Terms”) govern your access to and use of Pear Tree Systems, including any dashboard, website, data services, or other services (collectively, the “Services”). By subscribing to or using our Services, you agree to be bound by these Terms.

1. Definitions

  • Customer / You / Your means the person or entity subscribing to or using the Services.

  • Service Plan / Subscription means the recurring plan (monthly, annual, etc.) that provides you access to the Services.

  • Activation Fee means any one-time fee charged at the start of your subscription.

  • Dashboard means the web interface, reports, analytics, and tools we provide.

2. Access & Use

2.1 Eligibility. You must be 18 years or older (or the age of majority in your jurisdiction) to enter into these Terms.
2.2 Account. You agree to keep your account credentials (username, password) secure and not share them. You’re responsible for all activity under your account.
2.3 Licenses. We grant you a non-exclusive, non-transferable license to use the Services for your internal business purposes according to your subscription plan.
2.4 Restrictions. You may not (a) resell the Service, (b) reverse engineer or copy our intellectual property, (c) use the Service in violation of law, or (d) circumvent any technical restrictions.

3. Fees, Payment & Renewal

3.1 Subscription Fees. You agree to pay the recurring subscription fee (e.g. $19.99/month) plus any additional location add-ons, in advance, via the payment method you provide.
3.2 Activation Fee. A one-time setup or activation fee may be required.
3.3 Billing & Changes. Fees may change from time to time with notice (e.g. 30 days). You can add or remove locations or services, subject to proration as we may notify.
3.4 Automatic Renewal. Unless you cancel, your subscription renews automatically each period.
3.5 Late or Failed Payment. If your payment fails, we may suspend or terminate your access until payment is resolved.
3.6 Refunds. Unless explicitly stated, payments are non-refundable.

4. Data, Privacy & Security

4.1 Your Data. You retain ownership of your input data (e.g. your store history, metrics). We may use anonymized or aggregate data for analytics.
4.2 Security. We employ reasonable technical and organizational measures to protect your data, but no system is perfect.
4.3 Backups. You are responsible for backing up your data.

5. Support, Updates, and Maintenance

We may perform maintenance, updates, or downtime. We will attempt to provide notice when feasible. We are not liable for interruptions.

6. Termination

6.1 By You. You may cancel your subscription at any time according to our cancellation procedure.
6.2 By Us. We may suspend or terminate your access for breach of these Terms, non-payment, or misuse.
6.3 Effect of Termination. Upon termination, your access will end. We may delete your data after a period (e.g. 30 or 90 days).

7. Intellectual Property

All rights, title, and interest in the Service, software, trademarks, content, and intellectual property belong to us or our licensors. You may not copy, modify, distribute, or create derivative works without our permission.

8. Disclaimers & Limitation of Liability

  • No Warranty. The Service is provided “as is.” We disclaim implied warranties (merchantability, fitness, non-infringement).

  • Limitation. To the maximum extent permitted by law, our liability to you for damages under these Terms is limited to the amounts you paid in the past 12 months.

  • Indirect Damages. We are not liable for lost profits, incidental, special, punitive, or consequential damages.

9. Indemnification

You agree to indemnify and hold us harmless from claims, damages, liabilities, losses, costs, and expenses (including legal fees) arising out of your use of the Service or breach of these Terms.

10. Governing Law & Dispute Resolution

These Terms are governed by the laws of the State of Texas (USA), without regard to conflict of law principles. Any disputes will be resolved in the state or federal courts located in [County, Texas], and you consent to venue and jurisdiction there.

11. Changes

We may amend these Terms from time to time. We’ll provide notice in advance (e.g. via email or site notice). Continued use after changes indicates acceptance.

12. Miscellaneous

If any provision is invalid, the remainder will still apply. These Terms constitute the entire agreement between you and us.