Effective Date: January 16, 2025

Last Updated: April 30, 2026

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and DandCode LLC d/b/a ToolBerry ("ToolBerry," "we," "us," or "our") governing your access to and use of the ToolBerry application and website.

These Terms apply to:

The ToolBerry Application (available at toolberry.app, the iOS app, the Android app, and the desktop app — collectively, the "App")
The ToolBerry Marketing Website (available at toolberry.net — the "Website")

The App and the Website are collectively referred to as the "Service." Where a provision applies only to the App or only to the Website, this is stated explicitly.

By downloading, installing, 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.

If you are using the Service on behalf of a business or other entity, you represent that you have the authority to bind that entity to these Terms, and "you" refers to both you individually and the entity.

2. Description of Service

The App

ToolBerry is a field service management application designed for service businesses. The App allows you to manage work orders, customers, scheduling, invoicing, and related business operations.

Local-First Architecture: The App is designed with an offline-first architecture. Your business data (including work orders, customer records, schedules, and invoices) is stored locally on your device and is not transmitted to or stored on our servers.

Bring Your Own Storage (Backup): If you choose to back up your data, ToolBerry uses a "bring your own storage" model — backups are written to your own cloud storage account (currently Dropbox; additional providers may be added). ToolBerry does not host or maintain copies of your business data. Optional backups are described further in Section 5.2 and Section 8.2.

The Website

The ToolBerry marketing website (toolberry.net) provides information about ToolBerry, including product features, pricing, and resources. The Website does not process or store any of your business data. The Website uses cookies and analytics tools for marketing purposes, as described in our Privacy Policy.

Service Tiers: We may offer different service tiers, including free and paid options. Features, functionality, and terms may vary by tier. We reserve the right to modify, add, or remove features at any time.

3. Eligibility

You must be at least 18 years old (or the age of legal majority in your jurisdiction) to use the Service. By using the Service, you represent and warrant that:

You are at least 18 years old or the age of legal majority in your jurisdiction
You have the legal capacity to enter into a binding agreement
You are not prohibited from using the Service under any applicable law
If using on behalf of an organization, you have authority to bind that organization to these Terms

The Service is intended for business use. It is not directed to children under 13 (or 16 in the European Economic Area).

4. License Grant

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to:

Download, install, and use the Service on devices you own or control
Use the Service for your internal business purposes

Restrictions: You may not:

Copy, modify, or create derivative works of the Service
Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Service
Rent, lease, lend, sell, sublicense, or transfer the Service to any third party
Remove, alter, or obscure any proprietary notices in the Service
Use the Service to develop a competing product or service
Use the Service in any way that violates applicable law or these Terms

5. Your Responsibilities

5.1 Account Security

If you create an account or enable features requiring authentication (such as cloud backup), you are responsible for:

Maintaining the confidentiality of your credentials
All activities that occur under your account
Notifying us immediately of any unauthorized access

5.2 Local Data Responsibility

You are solely responsible for your locally stored data. Because your business data is stored on your device:

You are responsible for backing up your data. We strongly recommend enabling the in-app Dropbox backup feature, or another backup method of your choice, and periodically verifying that backups are running successfully.
You are responsible for securing your device (encryption, passcodes, physical security)
Data loss due to device failure, loss, theft, damage, accidental deletion, or uninstalling the App is your responsibility
We cannot recover locally stored data under any circumstances
If you set an encryption password for backups and lose it, backup data cannot be recovered by anyone, including us

5.3 Compliance

You are responsible for:

Complying with all applicable laws and regulations in your use of the Service
Ensuring your use complies with any industry-specific regulations applicable to your business
Obtaining any necessary consents from your customers or employees whose data you store in the Service

6. Acceptable Use Policy

You agree not to use the Service to:

Violate any applicable law, regulation, or third-party rights
Engage in fraudulent, deceptive, or misleading practices
Transmit viruses, malware, or other harmful code
Interfere with or disrupt the Service or servers/networks connected to the Service
Attempt to gain unauthorized access to any part of the Service
Use the Service to send spam or unsolicited communications
Use the Service for any illegal purpose or to promote illegal activities
Impersonate any person or entity or misrepresent your affiliation
Collect or harvest information about other users without consent
Use automated means (bots, scrapers) to access the Service without our permission
Circumvent any technical measures we use to provide or protect the Service

We reserve the right to investigate and take appropriate action against anyone who violates this section, including removing access to the Service and reporting to law enforcement.

7. Intellectual Property

7.1 Our Intellectual Property

The Service, including all content, features, functionality, software, text, graphics, logos, and trademarks, is owned by ToolBerry or its licensors and is protected by copyright, trademark, and other intellectual property laws.

These Terms do not grant you any right, title, or interest in the Service except for the limited license granted in Section 4.

7.2 Your Data

You retain all ownership rights to your data. We do not claim ownership of any business data you create, store, or manage using the Service. Because your data is stored locally on your device, we do not have access to it.

7.3 Feedback

If you provide feedback, suggestions, or ideas about the Service ("Feedback"), you grant us a worldwide, perpetual, irrevocable, royalty-free license to use, modify, and incorporate such Feedback into the Service without any obligation to you.

8. Third-Party Services

The Service integrates with third-party services. Your use of these integrations is subject to the third party's terms and policies.

8.1 Mapbox

The Service uses Mapbox for mapping, geocoding, and location features. By using these features, you agree to be bound by:

Mapbox map content is provided for planning purposes only and may not reflect actual conditions. You must exercise independent judgment when using mapping features.

8.2 Dropbox (Optional)

If you enable the optional Dropbox backup feature, your use is subject to:

You are responsible for your Dropbox account and any encryption keys you create. We cannot recover data if you lose your encryption password.

8.3 Third-Party Disclaimer

We are not responsible for the availability, accuracy, or content of third-party services. Your use of third-party services is at your own risk. We do not endorse and are not liable for any third-party services.

9. Fees and Payment

9.1 Free Tier

The Service may be offered with a free tier. Free tier features and availability may change at any time without notice.

9.2 Paid Services

If you purchase paid features or subscriptions:

You agree to pay all applicable fees as described at the time of purchase
Fees are non-refundable except as required by law or as explicitly stated
We may change pricing with reasonable notice; continued use constitutes acceptance
You are responsible for all taxes associated with your purchase

9.3 App Store Purchases

If you purchase through an app store (Apple App Store, Google Play), the app store's payment terms apply. Billing and refunds are handled by the app store according to their policies.

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS
WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT
WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE

LOCAL DATA: WE MAKE NO WARRANTIES REGARDING THE SECURITY, INTEGRITY, OR AVAILABILITY OF DATA STORED LOCALLY ON YOUR DEVICE. YOU ARE SOLELY RESPONSIBLE FOR BACKING UP YOUR DATA.

THIRD-PARTY SERVICES: WE MAKE NO WARRANTIES REGARDING THIRD-PARTY SERVICES, INCLUDING MAPBOX OR DROPBOX.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH CASES, OUR WARRANTIES ARE LIMITED TO THE MINIMUM EXTENT PERMITTED BY LAW.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:

11.1 Exclusion of Certain Damages

IN NO EVENT SHALL TOOLBERRY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY:

INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES
DAMAGES RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA
DAMAGES RESULTING FROM ANY THIRD-PARTY SERVICES
DAMAGES RESULTING FROM LOSS OF LOCALLY STORED DATA

THESE LIMITATIONS APPLY REGARDLESS OF THE LEGAL THEORY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11.2 Cap on Liability

OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF:

ONE HUNDRED U.S. DOLLARS ($100.00); OR
THE AMOUNTS PAID BY YOU TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM

11.3 Basis of the Bargain

YOU ACKNOWLEDGE THAT WE HAVE OFFERED THE SERVICE AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN, WHICH FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN US.

SOME JURISDICTIONS DO NOT ALLOW LIMITATION OF LIABILITY FOR CERTAIN DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

12. Indemnification

You agree to indemnify, defend, and hold harmless ToolBerry and its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

Your use of the Service
Your violation of these Terms
Your violation of any applicable law or third-party rights
Any data you store or process using the Service
Any dispute between you and a third party relating to the Service

13. Termination

13.1 Termination by You

You may stop using the Service at any time. To fully terminate, uninstall the application and delete any associated data.

13.2 Termination by Us

We may suspend or terminate your access to the Service at any time, with or without cause, with or without notice. Reasons for termination may include:

Violation of these Terms
Conduct that we believe is harmful to other users, us, or third parties
Extended periods of inactivity
Requests by law enforcement or government agencies
Discontinuation of the Service

13.3 Effect of Termination

Upon termination:

Your license to use the Service immediately ends
You must cease all use of the Service
Provisions that by their nature should survive termination will survive (including Sections 7, 10, 11, 12, 14, and 15)

Data: Because your data is stored locally, termination does not automatically delete your data. You are responsible for exporting or deleting your data.

14. Dispute Resolution

14.1 Informal Resolution

Before filing any formal dispute, you agree to contact us at contact@toolberry.app and attempt to resolve the dispute informally for at least 30 days.

14.2 Binding Arbitration (United States)

IF YOU ARE A UNITED STATES RESIDENT, ANY DISPUTE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL BE RESOLVED BY BINDING ARBITRATION, rather than in court, except that:

Either party may seek injunctive or other equitable relief in court for infringement of intellectual property rights
Claims that qualify may be brought in small claims court

Arbitration Rules: Arbitration will be conducted by JAMS under its Streamlined Arbitration Rules. The arbitration will be held in San Diego County, California, or at another mutually agreed location. The arbitrator's decision will be final and binding.

Class Action Waiver: YOU AND TOOLBERRY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Opt-Out: You may opt out of this arbitration agreement by sending written notice to contact@toolberry.app within 30 days of first accepting these Terms. Your notice must include your name, address, and a clear statement that you wish to opt out of arbitration.

14.3 European Union Users

If you are a resident of the European Union, you retain your right to bring claims in courts of competent jurisdiction, and this arbitration clause shall not apply to the extent prohibited by applicable law. You may also have the right to refer disputes to the European Commission's Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr.

14.4 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law principles.

14.5 Venue

For any disputes not subject to arbitration, you agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in San Diego County, California.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and ToolBerry regarding the Service.

15.2 Severability

If any provision of these Terms is held to be invalid or unenforceable, that provision will be modified to the minimum extent necessary, and the remaining provisions will continue in full force and effect.

15.3 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision.

15.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

15.5 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights, except that our licensors and service providers are third-party beneficiaries of the applicable limitations of liability and disclaimers.

15.6 Notices

We may provide notices to you via in-app notifications, email (if provided), or by posting on our website. Notices to us should be sent to contact@toolberry.app.

15.7 Force Majeure

We shall not be liable for any failure or delay in performance due to causes beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, government actions, or internet or telecommunications failures.

16. Changes to Terms

We may modify these Terms at any time. For material changes, we will provide notice through the Service or by other means before the changes take effect.

Your continued use of the Service after changes become effective constitutes acceptance of the revised Terms. If you do not agree to the changes, you must stop using the Service.

We encourage you to review these Terms periodically. Previous versions are available upon request.

17. Contact Us

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

DandCode LLC d/b/a ToolBerry

Email: contact@toolberry.app

18. Additional Terms for App Store Users

18.1 Apple App Store

If you downloaded the Service from the Apple App Store, the following additional terms apply:

These Terms are between you and ToolBerry only, not Apple
Apple has no obligation to provide maintenance or support for the Service
Apple is not responsible for any product warranties, whether express or implied
Apple is not responsible for addressing any claims related to the Service
Apple is not responsible for any third-party claims that the Service infringes intellectual property rights
Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you

18.2 Google Play Store

If you downloaded the Service from Google Play, Google's terms of service apply in addition to these Terms to the extent they relate to your use of Google Play.

19. Marketing Website Terms

The following additional terms apply specifically to your use of the ToolBerry marketing website (toolberry.net):

19.1 Cookies and Tracking

The Website uses cookies and similar tracking technologies, including Google Analytics, Meta (Facebook) Pixel, and other marketing tags. By using the Website and accepting cookies through the cookie consent banner, you consent to the use of these technologies as described in our Privacy Policy.

19.2 Third-Party Marketing Services

The Website integrates with third-party marketing and analytics services, including Google and Meta. These services may collect information about your visit to the Website and use it in accordance with their own privacy policies. We are not responsible for the data practices of these third parties.

19.3 Website Content

The content on the Website is provided for informational purposes only. While we strive to keep information accurate and up to date, we make no warranties regarding the completeness or accuracy of Website content. Product features, pricing, and availability described on the Website are subject to change.

19.4 Separation from the App

The Website and the App are separate services with different data practices. No business data from the App is accessible to or shared with the Website, its analytics, or its marketing tools.