Terms of Use
These Terms of Use (“Terms”) govern your use of LevelPenny, a Carina Dataworks product, including its web application and related pages, templates, worksheets and guides (the “Service”), operated by Carina Dataworks (“Carina Dataworks”, “we”, “us”). By using the Service, or by checking “I agree to the Terms”, you agree to these Terms. If you use the Service for a business, you agree on behalf of that business. If you do not agree, do not use the Service.
1. Estimates and tools only — not advice
The Service performs calculations on numbers you enter. All calculations, profit figures, suggested prices, quotes, estimates, invoices, job sheets, templates, worksheets and guides are estimates and general-purpose tools only. They are not financial, tax, accounting, legal or other professional advice, and no professional relationship is created by your use of the Service. Example figures and templates are illustrations, not recommendations. Consult a qualified accountant, tax professional or attorney for advice about your situation.
2. You are responsible for your business decisions
You are solely responsible for:
- the accuracy and completeness of everything you enter;
- your pricing, quotes, bids, estimates and invoices, and every decision you make based on the Service's output;
- collecting, reporting and paying any sales, use, income or other taxes, and complying with licensing, consumer-protection, contractor and other laws that apply to you;
- your contracts, agreements and relationships with your own customers, subcontractors, employees and suppliers.
3. Generated documents are templates you must review
Estimates, quotes, invoices and job sheets produced by the Service are templates. Before you send, print or rely on any document, you must review it for accuracy, completeness and legal sufficiency in your jurisdiction, including amounts, taxes, payment terms, required notices, license details and contract language. Carina Dataworks is not a party to any agreement between you and your customers.
4. No guarantee of profit
We do not guarantee that you will make a profit, win any job, reach any margin or hourly target, or avoid losses. Real-world results depend on many factors outside the Service, including your actual costs, time, customers and market. You are responsible for any money you lose, including losses from underpricing, cost overruns, unpaid invoices or calculation errors.
5. Your data: on your device and in your account
You need an account with a free trial or a subscription to use the Service (the landing, pricing, guide, terms and privacy pages are open to everyone). The Service stores your business profile, jobs, estimates and invoices in your web browser on your device, and while your trial or subscription is active it also keeps a copy of that data (your synced data) on our servers so it can sync between your devices. Our servers are run by Cloudflare, our hosting provider. We keep the last few earlier copies as backups each time your synced data is replaced. We use your synced data only to provide the Service. You keep all rights to it.
Keep your own backups (the Service provides a backup download). Data on a device can be permanently lost if you clear your browser data, use private browsing, switch browsers or devices, or if your device fails. We cannot recover data that was never synced. See the Privacy notice.
5A. Your account
You need an email address and a password to create an account. Keep your password private; you are responsible for what happens in your account. Tell us at levelpennyapp@gmail.com if you think someone else has used it. If you forget your password, use Forgot password? on the sign-in screen: we email a link that works once, for 1 hour. If that email doesn't arrive, email us from the address on your account and we will help you get back in. We may ask you to confirm your email address by clicking a link we send. You can delete your account at any time on the Account page. That deletes your synced data and its backups and cancels any subscription right away; data on your devices is left in place.
6. Acceptable use
Do not use the Service to break the law, to deceive or defraud anyone, or to interfere with the Service. You may not resell the Service or present it as your own product without our written permission.
7. Provided “as is” — no warranties
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS. TO THE FULLEST EXTENT PERMITTED BY LAW, CARINA DATAWORKS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE.
8. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, CARINA DATAWORKS AND ITS OWNERS, EMPLOYEES AND CONTRACTORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL OR DATA, ARISING FROM OR RELATED TO THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICE IS LIMITED TO THE AMOUNT YOU PAID CARINA DATAWORKS FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. IF YOU PAID NOTHING, OUR TOTAL LIABILITY IS ZERO DOLLARS. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.
9. Indemnification
You agree to defend, indemnify and hold harmless Carina Dataworks and its owners, employees and contractors from any claims, losses, damages, liabilities, costs and expenses (including reasonable attorneys' fees) arising from your use of the Service, your pricing, quotes, estimates, invoices or other documents, your dealings with your customers or others, your violation of these Terms, or your violation of any law or third-party right.
10. Plan, free trial, billing and cancellation
Plan. There is one plan, All Access: $19.99/mo or $199/yr, plus any tax shown at checkout. It includes your account and cloud sync. An account in its free trial or with an active subscription is required to use the Service; there is no free tier. The features in the plan are listed on the Pricing page; features marked there as not built are not part of the plan.
Free trial. Creating an account starts a 14-day free trial of full access with just the account. No card is needed and nothing is charged. There is one free trial per email address: deleting your account and signing up again with the same email does not start a new one. We email you a reminder about 3 days before the trial ends and on the day it ends.
Choosing a plan. To keep using the Service after the trial, choose a plan ($19.99/mo or $199/yr, plus any tax shown at checkout) on secure Stripe checkout. You can do this at any time during the trial; billing then starts when the trial ends, so you don't lose any trial days. If you cancel in Manage billing before the trial ends, you are not charged.
When the trial ends without a plan. Your account locks: you can sign in, choose a plan or sign out, but you can't use the rest of the Service. Nothing is deleted. Your data stays saved and is all there again as soon as you subscribe. You can also delete your account at any time.
Automatic renewal. Once billing starts, your subscription renews automatically every month or every year (the period you chose) at the price shown at checkout, and your card is charged at the start of each period until you cancel. We will tell you in advance before a price change takes effect, and you can cancel before it does.
Cancelling. Cancel anytime in Manage billing on the Account page (or email us). Cancelling stops the next renewal. You keep full access until the end of the period you already paid for (or the end of the trial). We don't give refunds for partial periods unless the law requires it or we agree to in writing.
Failed payments. If a payment fails, our payment processor will retry it and sync keeps working for a short time. If it still fails, the subscription ends.
When a subscription ends. Nothing is deleted. You can still sign in to view, print, back up and export your data. Saving changes and sync are paused until you subscribe again.
Payments. Payments are handled securely by Stripe. You enter your card on Stripe's checkout page and your card details go straight to Stripe, so Carina Dataworks never sees or stores your card. Stripe's terms and privacy policy also apply to payments.
Questions form. Questions sent from the form on the Pricing page are emailed to levelpennyapp@gmail.com and saved in a private Google Sheet in that account, using Google Apps Script (Google processes them). Sending a question does not create a subscription, a charge or any obligation for you or for Carina Dataworks.
11. Ending use
You can stop using the Service at any time. Cancel any subscription in Manage billing, and delete your account on the Account page if you have one. Clearing this site's data in your browser removes what it saved on that device (download a backup first if you want to keep it). We may change, suspend or discontinue the Service, or stop you from using it if you break these Terms. Sections 1 to 9 and 13 to 15 continue to apply after that.
12. Changes
We may update the Service or these Terms. We will change the “Last updated” date above when we do. Continuing to use the Service after a change means you accept the updated Terms.
13. Governing law
These Terms are governed by the laws of the State of Connecticut, USA, without regard to its conflict-of-laws rules. Any dispute will be brought in the state or federal courts located in Connecticut, and you consent to their jurisdiction, unless applicable law requires otherwise.
14. Contact
Questions about these Terms or the Service: levelpennyapp@gmail.com.
15. General
If any part of these Terms is found unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. These Terms are the entire agreement between you and Carina Dataworks about the Service.