This Subscription Agreement (the "Agreement") is between Devtech LLC ("Provider") and the business that subscribes to a paid plan of the Dumpster Rental HQ Service ("Customer"). It supplements the Terms of Service, Privacy Policy and Data Processing Addendum, which are incorporated by reference. By selecting a plan and paying, Customer agrees to this Agreement.
1. Plans, limits and modules
Provider offers the plans, prices, limits (users, trucks, containers, yards, dump sites, pricing templates) and modules published at dumpsterrentalhq.io/pricing or agreed in an order form. Limits are enforced in the Service; when a limit is reached Customer may upgrade or remove items. Provider may add limits or modules to a plan at any time and will not remove an included module from an active plan without 30 days' notice and an option to keep it at the then-current price.
2. Term and renewal
Subscriptions are month-to-month unless an annual term is selected. Each term renews automatically for the same period unless Customer cancels before the renewal date. Cancellation takes effect at the end of the current term; there are no refunds for partial terms except as stated in Section 10 or required by law. Customers on annual terms receive a renewal reminder at least 30 days before renewal.
3. Fees and payment
Fees are billed in advance in U.S. dollars to the payment method on file with Stripe. Upgrades take effect immediately and are prorated; downgrades take effect at the next renewal. Fees exclude taxes; Customer is responsible for applicable sales, use, VAT and similar taxes other than Provider's income taxes, and will provide a valid exemption certificate if claiming exemption. If a payment fails, Provider will retry and notify Customer; Provider may suspend the Service after 14 days of non-payment and will restore it promptly on payment. Provider may change prices with at least 30 days' notice, effective at the next renewal after the notice period; Customer may cancel before then if it does not agree.
4. Trial conversion
A trial converts to a paid plan only when Customer selects a plan and provides payment; no charge is made automatically at the end of a trial.
5. Customer responsibilities
Customer will (a) configure prices, taxes, documents and notifications accurately and review outputs before relying on them; (b) obtain the consents required to contact its End Users by email, text or phone and honor opt-outs; (c) hold the necessary rights to Customer Data and provide End Users with a privacy notice; (d) maintain its own Stripe connected account, comply with the Stripe Terms and card-network rules, and bear its own chargebacks and refunds; (e) manage its users' access and remove users who leave; (f) inform drivers of location tracking as its jurisdiction requires; and (g) comply with laws applicable to its business, including waste, transportation, employment and tax laws.
6. Provider responsibilities and service levels
Provider will (a) make the Service available with a target of 99.5% monthly availability, measured at Provider's edge and excluding scheduled maintenance (announced at least 48 hours ahead and scheduled outside 6 am–8 pm Eastern where practicable), emergency maintenance, third-party outages (Stripe, Google, carriers, cloud providers) and events beyond Provider's reasonable control — if availability falls below 99.5% in a month, Customer may request a service credit of 10% of that month's fee, or 25% if below 99.0%, as its sole remedy, by emailing support within 30 days; (b) provide email support during business hours (Eastern time) with a one-business-day first-response target, and priority handling plus an onboarding call on the Fleet plan; (c) keep daily backups and the security measures described in the Privacy Policy and DPA; (d) notify Customer of a security breach affecting Customer Data without undue delay; and (e) provide reasonable notice of material feature removals.
7. Data ownership, export and deletion
Customer owns Customer Data. Customer may export it to CSV at any time during the term and for 30 days after termination; Provider will also provide a full export on request during that window. Provider will delete Customer Data from production systems within the retention period described in the Privacy Policy after that window, unless retention is legally required. Provider processes End User personal data only on Customer's documented instructions under the Data Processing Addendum.
8. Confidentiality
Each party will keep the other's non-public information confidential, use it only to perform this Agreement, protect it with at least reasonable care, and limit access to personnel and contractors who need it and are bound by confidentiality obligations. This does not apply to information that is public through no fault of the recipient, independently developed, or rightfully received from a third party without restriction, or that must be disclosed by law (with prompt notice where permitted so the disclosing party may seek protection).
9. Third-party services
Stripe, Google Maps Platform, Twilio or other messaging carriers, email providers, GoHighLevel, Meta, app stores and other integrations are provided by third parties under their own terms. Provider is not responsible for their fees, availability, changes or acts, and may replace a provider with a reasonably equivalent one. Customer's use of Stripe is subject to the Stripe Terms accepted in the Terms of Service.
10. Warranties and disclaimers
Provider warrants that the Service will perform materially as described on the website and that it will provide the Service in a professional manner. Customer's exclusive remedy for breach of this warranty is repair of the defect or, if Provider cannot repair it within 30 days of written notice, termination and a prorated refund of prepaid fees for the remaining term. Otherwise the disclaimers in the Terms of Service apply.
11. Limitation of liability
Except for a party's indemnity obligations, breach of confidentiality, Customer's payment obligations, or a party's gross negligence or willful misconduct, neither party is liable for indirect, consequential, special, exemplary or punitive damages or lost profits, revenue, data or goodwill, and each party's total liability under this Agreement is limited to the fees paid or payable by Customer in the 12 months before the event giving rise to the claim. Provider's liability for a breach of its data-protection obligations is limited to two times that amount.
12. Indemnities
Provider will defend Customer against third-party claims that the Service as provided by Provider infringes a U.S. patent, copyright or trademark or misappropriates a trade secret, and pay resulting damages, costs and reasonable attorneys' fees finally awarded or agreed in settlement, provided Customer notifies Provider promptly, gives Provider sole control of the defense and cooperates; Provider may modify or replace the Service or, if a claim cannot reasonably be resolved, terminate and refund prepaid fees. This does not apply to claims arising from Customer Data, Customer's specifications, combinations with items not provided by Provider, or use in violation of the Agreement. Customer will defend Provider against third-party claims arising from Customer Data, Customer's End Users, messages or documents, Customer's agreements with End Users, Customer's use of Stripe or messaging in violation of applicable terms or law, or Customer's violation of law or this Agreement, on the same terms.
13. Termination
Either party may terminate for material breach not cured within 30 days of written notice, or immediately if the other party ceases business or becomes insolvent. Provider may suspend the Service for non-payment or a threat to security as described above. If Provider terminates for convenience (which it may do on 90 days' notice) it will refund prepaid fees for the unused term. Sections 7, 8, 10–12 and 14 survive termination.
14. General
Ohio law governs, and disputes are resolved as set out in the Terms of Service (arbitration in Medina County, Ohio, with the class-action waiver and opt-out described there). Neither party is liable for delays caused by events beyond its reasonable control. Notices must be in writing to the account owner's email (for Customer) and to [email protected] and Devtech LLC, Attn: Legal, Medina County, Ohio, USA (for Provider). Provider may update this Agreement with 30 days' notice; changes apply at the next renewal, and Customer may cancel before then if it does not agree. Neither party may assign this Agreement without consent, except to a successor in a merger or sale of substantially all assets with notice. This Agreement, the Terms of Service, Privacy Policy, DPA, SMS Terms, Acceptable Use Policy and any order form are the entire agreement and supersede prior discussions; in a conflict, an order form controls over this Agreement, which controls over the Terms of Service.