Terms of Service

These Terms of Service ("Terms") govern your access to and use of the SepticSync platform, website, mobile applications, and related services (collectively, the "Service") provided by SepticSync, Inc. ("SepticSync," "we," "us," or "our"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Service.

1. Acceptance of Terms

By creating an account, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you are using the Service on behalf of a municipality, county, agency, or other organization, you represent that you have the authority to bind that organization to these Terms, and "you" refers to both you individually and the organization.

2. Service Description

SepticSync provides a cloud-based compliance management platform for onsite wastewater treatment systems (septic systems). The Service enables municipalities, service providers, and property owners to:

• Track and manage septic system compliance records on a per-parcel basis
• Submit, receive, and process inspection reports, pumping records, and lab results electronically
• Generate compliance reports, analytics, and dashboards for municipal oversight
• Send automated reminders for inspection and maintenance deadlines
• Facilitate communication and data sharing among authorized stakeholders through role-based access controls
• Produce documentation for property transfers, board meetings, and regulatory filings

The Service is designed as a compliance management tool and does not constitute legal, engineering, or environmental consulting advice. Municipalities and service providers are responsible for their own regulatory compliance decisions.

3. Account Registration

To access the Service, you must create an account and provide accurate, complete, and current information. You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Promptly notifying us of any unauthorized use of your account
• Ensuring that all users within your organization comply with these Terms

Municipal accounts require verification of authorized representative status. We reserve the right to suspend or terminate accounts that provide false or misleading information during registration.

4. Subscription and Payment

Pricing and Plans

The Service is offered through subscription plans as described on our pricing page. Current monthly plans for service providers are Starter ($99/month, up to 2 users), Growth ($199/month, up to 5 users), and Pro ($399/month, unlimited users). The Municipality plan is $999/month. Plumber Data Access is offered as an annual subscription at $999/year. Pricing is subject to change with 60 days' written notice to existing subscribers. All fees are quoted in U.S. dollars.

Free Trial and Payment Method

New monthly subscribers receive a 14-day free trial. To start a trial you must provide a valid credit or debit card. No charge is made during the trial period. At 11:59 p.m. Eastern Time on the 14th day, unless you have cancelled, your subscription automatically converts to a paid subscription and we charge the payment method on file for the first month of service. We email a reminder 7 days before your trial ends and again 24 hours before the first charge.

You can cancel at any point during the trial from your account's Billing tab with no charge. Annual plans (Plumber Data Access) are charged immediately on signup and do not include a free trial.

Auto-Renewal

Monthly subscriptions renew each month on the anniversary of your first paid charge. Annual subscriptions renew each year on the anniversary of your first paid charge. Renewal charges are made automatically to the payment method on file. You will receive an emailed receipt for each renewal charge. To turn off auto-renewal, cancel your subscription from the Billing tab in your account at any time before the next renewal date; access continues through the end of the paid period.

Failed Payments

If a renewal charge fails, we will retry the charge and email you to update your payment method. If payment is not received within 14 days of the original renewal date, we may suspend or terminate access to the Service. Reactivation requires payment of the outstanding balance.

Refunds

Because our monthly plans include a 14-day free trial that lets you evaluate the full Service at no cost, we do not provide refunds for partial months or unused portions of a billing cycle once a charge has been made. Annual subscriptions are non-refundable except as required by law. If you believe you have been charged in error, contact us within 30 days of the charge and we will review the request in good faith.

Taxes

Fees are exclusive of applicable sales, use, VAT, and similar taxes. Sales tax is calculated automatically at checkout based on your billing address using Stripe Tax and is added to your subscription invoice where required. Municipal subscribers who are tax-exempt may submit valid exemption documentation to support@septicsync.net and we will apply the exemption to future invoices.

Migration Assistance

Migration Assistance is an optional professional-services add-on and is quoted separately based on the volume, format, and complexity of your existing records. It is billed as a one-time fee at project start and is not included in any subscription plan. Once work has commenced, Migration Assistance fees are non-refundable.

5. Data Ownership

Municipal Data: All compliance data, inspection records, property information, and other data entered into or generated by the Service on behalf of a municipality remains the sole property of that municipality. SepticSync does not claim ownership of municipal data. Municipalities retain full control over their data and may export it at any time in standard formats (CSV, PDF, JSON).

Service Provider Data: Data entered by service providers (inspection reports, pumping records, lab results) that is filed with a municipality becomes part of the municipal record. Service providers retain access to their own submitted data and internal operational data (scheduling, routing, billing).

Homeowner Data: Homeowners own their personal account information. Property compliance records are associated with the parcel and are governed by the municipality's data policies.

License to SepticSync: You grant SepticSync a limited, non-exclusive license to use your data solely for the purpose of providing, maintaining, and improving the Service. We may use anonymized, aggregated data for analytics, benchmarking, and product development, provided such data cannot reasonably be used to identify any individual, property, or municipality.

Data Portability: Upon termination of your subscription, SepticSync will make all your data available for export for a period of 90 days. We will provide reasonable assistance to facilitate data migration to a successor system. After the 90-day export period, data will be securely deleted from our systems unless retention is required by law.

6. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable regulation
• Submit false, misleading, or fraudulent compliance data or inspection reports
• Attempt to gain unauthorized access to any part of the Service, other user accounts, or related systems
• Interfere with or disrupt the integrity or performance of the Service
• Reverse engineer, decompile, or disassemble any aspect of the Service
• Use automated means (bots, scrapers, crawlers) to access or collect data from the Service without prior written consent
• Share your account credentials with unauthorized individuals
• Use the Service to send unsolicited communications or spam
• Upload content that infringes on intellectual property rights of third parties
• Circumvent any access controls, rate limits, or security measures implemented by the Service

Violation of these acceptable use provisions may result in immediate suspension or termination of your account.

7. Intellectual Property

The Service, including its design, features, functionality, source code, documentation, trademarks, logos, and all related intellectual property, is owned by SepticSync and protected by United States and international intellectual property laws.

Your subscription grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for its intended purpose during the term of your subscription. This license does not include the right to modify, distribute, sell, or create derivative works based on the Service.

Any feedback, suggestions, or ideas you provide about the Service may be used by SepticSync without obligation or compensation to you.

8. Limitation of Liability

To the maximum extent permitted by applicable law:

• The Service is provided "as is" and "as available" without warranties of any kind, whether express, implied, or statutory
• SepticSync does not warrant that the Service will be uninterrupted, error-free, secure, or free from viruses or other harmful components
• SepticSync is not liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of or inability to use the Service
• SepticSync's total aggregate liability for any claims arising under these Terms shall not exceed the amount you paid for the Service during the twelve (12) months preceding the claim
• SepticSync is not responsible for compliance decisions made by municipalities or service providers based on data presented through the Service

Some jurisdictions do not allow certain limitations of liability, so some of the above limitations may not apply to you.

9. Termination

Termination by You

You may terminate your account at any time from the Billing tab in your account or by contacting us at support@septicsync.net. Cancellation during the free trial takes effect immediately with no charge. Cancellation of a paid subscription takes effect at the end of the current billing period, and access continues through the end of that period. No refunds are provided for partial billing periods.

Termination by SepticSync

We may suspend or terminate your access to the Service immediately and without prior notice if you violate these Terms, fail to pay fees when due, or if we reasonably believe your use of the Service poses a security risk. For non-payment, we will provide at least 15 days' written notice before suspension.

Effect of Termination

Upon termination, your right to access the Service ceases immediately (except for the 90-day data export period described in Section 5). We will make your data available for export as described in the Data Ownership section. Provisions that by their nature should survive termination will survive, including data ownership, limitation of liability, and dispute resolution.

10. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms shall be brought exclusively in the state or federal courts located in the State of New York, and you consent to the personal jurisdiction and venue of such courts.

11. Dispute Resolution

Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to first contact us at sean@gardencreative.agency to attempt to resolve the dispute informally. We will endeavor to resolve disputes within 30 days of receiving your notice.

Mediation

If the dispute cannot be resolved informally, the parties agree to submit the dispute to mediation administered by a mutually agreed upon mediator in the State of New York. The costs of mediation shall be shared equally between the parties.

Litigation

If mediation is unsuccessful, either party may pursue legal action in the courts specified in Section 10. Nothing in this section prevents either party from seeking injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidential information.

Municipal Subscribers

We acknowledge that municipal subscribers may be subject to specific dispute resolution requirements under New York law. Nothing in these Terms is intended to waive any rights or protections afforded to municipalities under applicable law, including but not limited to the New York General Municipal Law.

12. Changes to Terms

We reserve the right to modify these Terms at any time. For material changes, we will provide at least 30 days' advance notice via email to the address associated with your account and by posting the updated Terms on our website with a revised "Last updated" date.

Material changes include modifications to data ownership provisions, limitation of liability, pricing terms, or dispute resolution procedures. Your continued use of the Service after the effective date of the changes constitutes acceptance of the updated Terms. If you do not agree to the updated Terms, you must discontinue use of the Service before the effective date.

13. General Provisions

• Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and SepticSync regarding the Service
• Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect
• Waiver: Failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision
• Assignment: You may not assign your rights or obligations under these Terms without our prior written consent. SepticSync may assign its rights and obligations without restriction
• Force Majeure: SepticSync shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including natural disasters, acts of government, pandemics, or infrastructure failures
• Notices: Notices to SepticSync must be sent to sean@gardencreative.agency or by mail to our principal office. Notices to you will be sent to the email address associated with your account

14. Contact

If you have questions about these Terms of Service, please contact us:

• Email: sean@gardencreative.agency
• Mail: SepticSync, Attn: Legal, 15 Mill Street, Rhinebeck, NY 12572
• Phone: (914) 489-2187

For general inquiries, please visit our Contact page.