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Terms of service

DRAFT — requires lawyer review before real customers.

These terms are between [COMPANY NAME] ("we", "us") and the business or person using Paylark ("you"). By creating an account you agree to them. Last updated: [DATE].

Contact: [CONTACT EMAIL]

The service

Paylark helps businesses create estimates and invoices, send pay links, collect payments through Stripe, send payment reminders and receipts, and send recurring invoices. We are not a bank, payment processor, lender, accountant or law firm, and Paylark does not give financial, tax or legal advice.

Your account and your team

  • You sign in with an emailed link. Keep access to your email secure; you are responsible for activity under your account.
  • You must give accurate information and be able to enter a binding agreement on behalf of your business.
  • The account owner may invite staff. Staff can create, send and collect invoices; refunds, settings, billing and team changes are limited to the owner. You are responsible for what your staff do in Paylark.

Payments and Stripe

  • Payments are processed by Stripe. To take payments you must connect a Stripe account and accept Stripe's terms, including the Stripe Connected Account Agreement. Stripe decides who it will onboard and may hold, delay or refuse payments under its own rules; we do not control that.
  • Payments are made to your Stripe account. Stripe charges its processing fees to you directly.
  • Card and bank details are handled by Stripe. We do not see or store them.
  • If you turn them on, your customers can pay from a bank account (ACH) or pay over time through Affirm or Klarna. Those providers' terms apply to your customers; bank payments can take several days to clear and can fail.
  • Refunds you issue are sent through Stripe. Disputes (chargebacks) are handled by Stripe under its rules; you are responsible for responding to them and for any amounts Stripe recovers from you.

Fees and plans

  • Starter is free to use; we charge a fee on each payment, up to a cap, collected by Stripe from the payment. Pro, Team and Business are monthly or yearly subscriptions with no per-payment fee from us. Larger businesses can arrange a custom plan by email. Your current prices are shown in the app's settings, and those figures apply.
  • If you refund a payment, our fee on it is refunded to you.
  • We may change prices, but for an existing account only with at least 60 days' notice by email and in the app, and no more than once in any 12 months. Businesses that joined as founding members keep the prices they signed up with for 24 months from sign-up.
  • Subscriptions renew automatically through Stripe until cancelled. You can cancel in the app; if a subscription ends or a payment fails, your account moves to Starter. [Refund, renewal-notice and billing details — to be reviewed by a lawyer.]

Your customers and your content

  • You are responsible for the estimates and invoices you send, the accuracy of amounts and line items, and having the right to contact the people you enter as customers. You are responsible for your own customers' data and for following the laws that apply to your business, including tax, consumer-protection and debt-collection rules.
  • Reminder, recurring-invoice and receipt emails are sent in your business's name. You can turn reminders off for any invoice and pause or stop any recurring invoice.
  • When you text a pay link, the message is sent from your own phone, not by us.
  • If you use quick add, the text you type is sent to our AI provider to suggest line items. Suggestions can be wrong; review every item before sending.
  • You give us permission to process your content to run the service, as described in the Privacy Policy.

Acceptable use

Do not use Paylark to: break the law; invoice for goods or services that do not exist or that you cannot lawfully provide; commit fraud or send deceptive invoices; harass anyone; send spam; attack, probe or overload the service or other users' data; or run any business Stripe prohibits. We limit how often some actions can be repeated to prevent abuse. We may suspend or end accounts that break these rules.

Our service and your rights in it

  • We own Paylark: the software, design, name and logo. We give you a limited, non-exclusive, non-transferable right to use it for your business while your account is in good standing.
  • You keep ownership of your content: your business details, customer list, estimates and invoices. You can export your invoices at any time.
  • If you send us ideas or feedback, we may use them without owing you anything.
  • Do not copy, resell, reverse-engineer or scrape Paylark, or use it to build a competing product.

Third-party services

Stripe, Affirm, Klarna, Postmark and our other providers run their own services under their own terms. We are not responsible for their outages, decisions or mistakes. A change to a provider's service or prices may change what Paylark can offer.

New and test features

We may offer features marked as early, beta or test. They are provided as they are, may change or stop at any time, and may not work as well as the rest of Paylark.

Changes to Paylark

We improve Paylark often. We may add, change or remove features. If we stop offering a paid feature you rely on, or shut Paylark down, we will give you reasonable notice by email and time to export your data.

Security

We take reasonable steps to protect your account and data (see the Privacy Policy). No service is perfectly secure. Keep your email account secure, since it controls access to Paylark, and tell us right away at [CONTACT EMAIL] if you think someone else has access to your account.

Ending your account

You can export your invoices and delete your account in the app. As described in the Privacy Policy, invoices (including their line items, notes and amounts), payment records and the audit log (including IP addresses) are kept as financial records; customer names, emails and phone numbers are replaced; and sign-in access is removed. We may suspend or end the service or your account, with notice where practical.

No warranty

Paylark is provided "as is" and "as available", without warranties of any kind, to the fullest extent the law allows. We do not promise that it will be uninterrupted or error-free, that emails will be delivered, or that any invoice will be paid.

Limit of liability

To the fullest extent the law allows, we are not liable for indirect, incidental or consequential damages, or for lost profits or unpaid invoices. Our total liability for any claim is limited to [LIABILITY CAP — a common choice is the greater of $100 or the fees you paid us in the 12 months before the claim]. [Exceptions required by law — to be reviewed by a lawyer.]

Your responsibility to us

If someone brings a claim against us because of your invoices, your dealings with your customers, your content, or your breach of these terms or the law, you will cover our reasonable costs and losses from that claim, including legal fees. We will tell you about the claim promptly and let you take part in handling it. [Scope of this indemnity — to be reviewed by a lawyer.]

Disputes between you and your customers

Disagreements about the work you did, what you charged, or a refund are between you and your customer. We may share information with Stripe or a customer when needed to handle a payment problem, but we do not decide those disputes.

Messages from us

You agree that we can send you notices, receipts and other messages by email or in the app, and that these count as "in writing." Messages about your account, security, billing and changes to these terms are part of the service and can't be turned off while your account is open.

Changes

We may update these terms and will post the new date above. For changes that materially affect you, we will tell you by email or in the app before they take effect. Continued use after that date means you accept them.

Governing law

These terms are governed by the laws of [STATE], USA, without regard to conflict-of-law rules. Before filing any claim, each side agrees to first try to settle it informally by contacting the other for at least 30 days. [Venue, whether to use arbitration and a class-action waiver, and any time limit for bringing claims — to be set with legal advice.]

General

  • Events outside our control: we are not responsible for delays or failures caused by things we can't reasonably control, such as outages at our providers, internet failures, natural disasters or government action.
  • Transfer: you may not transfer your account or these terms without our written consent. We may transfer them as part of a merger, acquisition or sale of our business, and will tell you if we do.
  • Whole agreement: these terms, the Privacy Policy and any terms shown when you choose a plan are the whole agreement between us about Paylark.
  • If a part is invalid: the rest of these terms still apply.
  • No waiver: if we don't enforce a part of these terms right away, we can still enforce it later.
  • Relationship: we are independent businesses; these terms do not create a partnership, employment or agency relationship.
  • Survival: sections that by their nature should last after your account ends (fees owed, ownership, liability, your responsibility to us, disputes, general) continue to apply.

Contact

[COMPANY NAME] — [CONTACT EMAIL]