These Terms of Service (“Terms”) are a legal agreement between you and D&S Tech LLC (“D&S Tech,” “we,” “us,” or “our”) governing your access to and use of the MEPSub platform and the website at mepsub.org (the “Service”). By creating an account, accessing, or using the Service, you agree to these Terms. If you do not agree, do not use the Service.
You must be at least 18 years old and able to form a binding contract to use the Service. You may create an account through self-serve sign-up (including a free plan) or, where offered, through an access request. You are responsible for the accuracy of your registration information, for keeping your credentials secure, and for all activity that occurs under your account and Workspace. Notify us promptly of any unauthorized use.
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Service for your internal business purposes. You agree not to:
You are responsible for obtaining any consents required to contact your own customers (for example, for SMS or email reminders) through the Service. If you enable call recording, you are responsible for providing any legally required notice and obtaining any consent to record calls in the applicable jurisdictions.
As between you and us, you own your Customer Data. You grant us a worldwide, limited license to host, process, transmit, display, and otherwise use Customer Data solely to provide and improve the Service, to prevent or address technical or security issues, and as otherwise instructed by you. You are responsible for the Customer Data you submit, for having the rights and lawful basis to submit it, and for its accuracy.
We will not sell your Customer Data. Our handling of personal information is described in our Privacy Policy. You may export your Customer Data using the Service’s export tools and API while your account is active.
Some features are offered under paid plans and may include a free trial. If you subscribe to a paid plan, you agree to the fees, billing frequency, and any usage-based charges presented at the time of purchase. Unless stated otherwise, fees are billed in advance, are non-refundable except where required by law, and exclude taxes, which are your responsibility. Paid plans renew automatically for the billing period selected (for example, monthly) until cancelled. Per-seat plans are billed by the number of active users in your Workspace, and some features (such as AI and SMS) are metered and may incur usage-based or credit-based charges or overage fees.
Payments are processed by third-party payment processors; your use of those services is subject to their terms. Payments your own customers make to you through the Service are between you and them; the applicable processor handles the funds, and we are not a party to those transactions. If any charge is not paid when due, we may suspend or limit the Service after reasonable notice.
The Service can integrate with third-party services (for example, QuickBooks, Google, Microsoft, Dropbox, Procore, telephony and SMS providers, payment processors, and AI providers). Those services are provided by their own vendors under their own terms and privacy policies. We are not responsible for third-party services, and enabling an integration authorizes the exchange of data with that service at your direction.
The Service, including all software, design, text, and content we provide (excluding Customer Data), and all related intellectual property rights, are owned by D&S Tech LLC and its licensors. MEPSub and the MEPSub logo are trademarks of D&S Tech LLC. Except for the limited rights expressly granted to you, we reserve all rights. You may not use our name, logos, or trademarks without our prior written consent. We welcome feedback and may use it without obligation to you.
Each party may access non-public information of the other in connection with the Service. Each party agrees to protect the other’s confidential information with reasonable care and to use it only as needed to perform under these Terms, except where disclosure is required by law.
The Service is provided “as is” and “as available,” without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or secure, or that it will meet your requirements. Any estimates, calculations, AI-generated content, or reports produced by the Service are provided for convenience and must be reviewed by you before you rely on them.
To the maximum extent permitted by law, D&S Tech LLC and its affiliates, officers, employees, and suppliers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business, arising out of or related to the Service, even if advised of the possibility of such damages. Our total aggregate liability for any claim arising out of or related to these Terms or the Service will not exceed the greater of (a) the amounts you paid us for the Service in the twelve (12) months before the event giving rise to the claim, or (b) one hundred U.S. dollars ($100). Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.
You will defend, indemnify, and hold harmless D&S Tech LLC from and against any claims, damages, liabilities, and expenses (including reasonable legal fees) arising out of or related to your Customer Data, your use of the Service, your violation of these Terms, or your violation of any law or the rights of a third party (including your own customers).
These Terms apply while you use the Service. You may stop using the Service and close your account at any time. We may suspend or terminate your access if you materially breach these Terms, fail to pay fees, or use the Service in a way that risks harm to us, other users, or third parties. Upon termination, your right to use the Service ends. We will make Customer Data available for export for a limited period after termination, after which we may delete it as described in the Privacy Policy. Sections that by their nature should survive (including ownership, disclaimers, limitation of liability, indemnification, and governing law) will survive termination.
We may modify or discontinue features of the Service over time. We may also update these Terms; when we do, we will revise the “Last updated” date and, for material changes, provide additional notice. Changes are effective when posted (or on a later stated date). Your continued use of the Service after changes take effect means you accept the updated Terms.
These Terms are governed by the laws of the State of New Jersey, USA, without regard to its conflict-of-laws rules. You and D&S Tech agree to the exclusive jurisdiction and venue of the state and federal courts located in New Jersey for any dispute not subject to alternative resolution, and each party consents to personal jurisdiction there. Nothing in this section prevents either party from seeking injunctive relief to protect its intellectual property or confidential information.