Terms of Service

These Terms of Service (the "Terms") are a binding agreement between you and Devtech LLC, an Ohio limited liability company ("Dumpster Rental HQ," "we," "us"). They govern access to and use of the website at dumpsterrentalhq.io, the web application at app.dumpsterrentalhq.io, the Dumpster Rental HQ mobile applications for iOS and Android (the "Apps"), the customer portal, APIs, and related services (together, the "Service"). By creating an account, clicking "I agree," installing an App or using the Service, you accept these Terms and our Privacy Policy. If you are accepting on behalf of a company, you represent that you have authority to bind that company, and "you" and "Customer" mean that company.

1. Who may use the Service

The Service is a business tool for waste-hauling companies and their staff. You must be at least 18 years old and able to form a binding contract. The Service is not directed to children under 13 (or under 16 where a higher age applies), and we do not knowingly collect their information. End customers who use a Customer's portal to book or pay must also be adults.

2. Accounts and roles

You must provide accurate registration information and keep it current. You are responsible for all activity under your account and for keeping credentials confidential; notify us immediately at [email protected] of any unauthorized use. Account owners and administrators control the users they invite (including drivers and dispatchers), their roles and permissions, and are responsible for their conduct. Administrators may be required to enable two-factor authentication.

3. Customer Data and your customers

Ownership. You own the customer, order, pricing, financial, document, photo and operational data that you or your users enter into or generate in the Service ("Customer Data"). You grant us a worldwide, non-exclusive license to host, copy, process, transmit and display Customer Data solely to provide, secure, support and improve the Service, to comply with law, and as described in the Privacy Policy and Data Processing Addendum. We may create and use aggregated, de-identified data that does not identify you or any person.

Your responsibilities. When you use the Service to store information about your own customers, drivers and contacts ("End Users"), you are the controller of that information and we process it on your behalf. You represent that you have the legal right and any required notices and consents to collect that information and to have us process it; that you will provide End Users with a privacy notice that meets applicable law; that the prices, taxes, fees, documents and messages you configure are accurate and lawful; and that you will comply with laws that apply to your business, including waste, transportation, employment, consumer-protection, e-signature, telemarketing and privacy laws. We are not a party to any agreement between you and your End Users.

Driver location. If you enable GPS reporting in the Apps, you are responsible for informing your drivers and obtaining any consent required by the laws of your jurisdiction before tracking their location during work hours.

4. Payments (Stripe)

Card payments from your End Users are processed by Stripe, Inc. ("Stripe") through a Stripe connected account in your name. By activating payments you agree to the Stripe Connected Account Agreement, which includes the Stripe Services Agreement (together, the "Stripe Terms"), as they may be modified by Stripe from time to time. As a condition of our enabling payment processing through Stripe, you agree to provide us accurate and complete information about you and your business, and you authorize us to share it and transaction information with Stripe. Stripe, not Dumpster Rental HQ, holds and settles your funds; we are not a bank, money transmitter or payment processor. You are responsible for chargebacks, refunds, disputes and Stripe's fees on your account, for complying with card-network rules, and for the legality of any card surcharge you choose to pass to customers in your state. Payments for your subscription to us are also processed by Stripe, as described in the Subscription Agreement.

5. Text messages, email and calls

The Service can send transactional and, if you choose, marketing messages to your End Users and staff by SMS/MMS, email and voice on your behalf. You are the sender of those messages. You must (a) obtain the consent required by the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, state laws and carrier rules before messaging anyone; (b) honor opt-outs (STOP, unsubscribe) promptly — the Service processes carrier opt-out keywords automatically and you may not message a number that has opted out; (c) not send content prohibited by carriers or our telecommunications providers (including SHAFT content: sex, hate, alcohol, firearms, tobacco; loans, gambling, cannabis, and any illegal content); (d) include your business name in messages; and (e) keep records of consent. We register messaging campaigns with carriers (A2P 10DLC) using the business information you supply, and you represent that information is accurate. Our SMS Terms describe the program terms shown to recipients. We may suspend messaging for violations or carrier complaints without notice.

6. Maps, sign-in and other third-party services

Google Maps. Address lookup, satellite imagery, routing and ETAs are provided by Google Maps Platform. Your use of those features is subject to the Google Terms of Service, the Google Maps/Google Earth Additional Terms of Service and the Google Privacy Policy. Routes and ETAs are estimates; drivers remain responsible for safe and lawful operation of vehicles and must not interact with the Apps while driving.

Google Sign-In. If you sign in with Google we receive only your basic profile (name, email, profile image). Our use of information received from Google APIs adheres to the Google API Services User Data Policy, including the Limited Use requirements.

Meta. If you connect a Facebook or Instagram account, lead-ad form or the Meta Pixel, that connection is governed by Meta's terms and you are responsible for your own use of Meta's platforms and for notices to your End Users. See Data Deletion for how to remove data received through such connections.

Other integrations. GoHighLevel, QuickBooks/Xero export, email providers, webhooks and any service you connect are governed by those providers' terms. We are not responsible for third-party services, their fees, availability or changes, and may replace a provider with a reasonably equivalent one.

7. Mobile Apps and app stores

The Apps are licensed, not sold, under the Mobile App End User License Agreement, which includes terms required by Apple Inc. and Google LLC. In summary: the license is limited, non-transferable and for use on devices you own or control; the App may use location, camera and notifications with your permission; Apple and Google are not parties to these Terms, have no obligation to provide maintenance or support, and are third-party beneficiaries entitled to enforce the EULA against you; and any app-store purchases are subject to the store's terms. You may delete your account from within the App or as described in Section 14.

8. Electronic signatures and records

By using the Service you consent to do business electronically and to receive notices, agreements, invoices and receipts electronically. Signatures collected through the customer portal are intended to be valid electronic signatures under the U.S. ESIGN Act and state UETA laws; the Service records the signer's consent to sign electronically, name, timestamp and IP address and retains the signed record. You may withdraw consent to electronic delivery by closing your account. You are responsible for the content and enforceability of the documents you send for signature; we do not provide legal advice.

9. Free trial, fees and cancellation

Trials last 14 days from account creation with the features and limits advertised at sign-up, require no payment method, and never convert to a paid plan automatically. Paid plans, billing, renewal, price changes and refunds are governed by the Subscription Agreement. You may cancel at any time from Settings › Plan. Fees are non-refundable except as stated there or required by law.

10. Acceptable use

You agree to the Acceptable Use Policy. Among other things you will not use the Service unlawfully, interfere with it or other customers, access data that is not yours, reverse engineer it, scrape it, send unsolicited messages, or resell it without a written agreement.

11. Intellectual property and feedback

The Service, including software, design, text, graphics, documentation and the names "Dumpster Rental HQ" and "DumpsterCRM," is owned by us or our licensors and protected by copyright, trademark and other laws. Except for the limited rights expressly granted, no rights are granted to you, by implication or otherwise. If you send us suggestions or feedback, you grant us a perpetual, irrevocable, royalty-free license to use it without obligation to you.

12. Copyright complaints (DMCA)

We respond to notices of alleged copyright infringement under the Digital Millennium Copyright Act. Send notices containing the information required by 17 U.S.C. § 512(c)(3) to our designated agent: Devtech LLC, Attn: Legal, Medina County, Ohio, USA, [email protected], subject "DMCA." We may remove content and terminate repeat infringers.

13. Availability, changes and support

We use commercially reasonable efforts to keep the Service available and to give notice of scheduled maintenance, but except as stated in the Subscription Agreement the Service has no guaranteed uptime. We may add, modify or discontinue features, and will give reasonable notice of material reductions. Support is by email at [email protected] during business hours (Eastern time). We — not Apple, Google or any app store — are solely responsible for the Service and its support.

14. Suspension and termination; account deletion

You may close your account and request deletion at any time from Settings › Account (web), from the Account screen in the Apps, or by following our Data Deletion instructions. We may suspend or terminate access for a material breach of these Terms, non-payment, a credible legal demand, or conduct that risks harm to the Service, other customers or the public, with notice where reasonably possible. On termination your right to use the Service ends; you may export Customer Data for 30 days, after which we delete it in accordance with the Privacy Policy, except for records we must keep by law. Sections 3, 11, 12 and 15–21 survive termination.

15. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT PRICES, TAXES, ROUTES, ETAs, LOCATIONS, REPORTS OR OTHER OUTPUTS ARE ACCURATE OR COMPLETE. YOU ARE RESPONSIBLE FOR REVIEWING OUTPUTS BEFORE RELYING ON THEM, INCLUDING FOR TAX FILINGS AND CUSTOMER BILLING. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

16. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE OR OUR OFFICERS, MEMBERS, EMPLOYEES, AGENTS OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, DATA OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE WILL NOT EXCEED THE GREATER OF THE FEES YOU PAID US IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR ONE HUNDRED U.S. DOLLARS ($100). THESE LIMITATIONS APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE AND DO NOT LIMIT LIABILITY THAT CANNOT BE LIMITED BY LAW.

17. Indemnification

You will defend, indemnify and hold harmless us and our affiliates, officers, members, employees and agents from and against any claims, damages, losses and expenses (including reasonable attorneys' fees) arising out of or related to Customer Data, your End Users, your messages and documents, your use of the Service in violation of these Terms or law, or your breach of the Stripe Terms or any third-party terms referenced here.

18. Governing law; dispute resolution; arbitration

These Terms are governed by the laws of the State of Ohio and applicable U.S. federal law, without regard to conflict-of-law rules. Informal resolution. Before starting a formal proceeding, the party raising a dispute will send written notice describing it, and the parties will try in good faith to resolve it within 30 days. Arbitration. Except for claims seeking injunctive relief for intellectual-property infringement or misuse of the Service, and claims that qualify for small-claims court, any dispute arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, before a single arbitrator, seated in Medina County, Ohio (with remote hearings available). The Federal Arbitration Act governs this clause. Class waiver. Claims may be brought only in an individual capacity, not as a plaintiff or class member in any purported class, collective or representative proceeding; the arbitrator may not consolidate claims of more than one party. Opt-out. You may opt out of arbitration by emailing [email protected] within 30 days of first accepting these Terms. Courts. For any matter not subject to arbitration, you consent to the exclusive jurisdiction of the state and federal courts located in Medina County, Ohio. Nothing here limits either party's right to seek injunctive relief in court to protect intellectual property or confidential information.

19. Export and sanctions

You represent that you are not located in, and are not a national or resident of, a country subject to U.S. government embargo or designated as a "terrorist supporting" country, and are not on any U.S. government list of prohibited or restricted parties. You will comply with all applicable export control and sanctions laws in using the Service and the Apps.

20. Changes to these Terms

We may update these Terms. For material changes we will notify account owners by email or in the Service at least 14 days before the changes take effect, and may require owners and administrators to accept the updated Terms in the application. Continued use after the effective date is acceptance. If you do not agree, stop using the Service and cancel before that date.

21. General; contact

These Terms and the documents incorporated by reference are the entire agreement between you and us about the Service and supersede prior agreements. If any provision is unenforceable, it will be modified to the minimum extent necessary and the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our written consent; we may assign them in connection with a merger, acquisition, reorganization or sale of assets. Neither party is liable for delay or failure caused by events beyond its reasonable control. There are no third-party beneficiaries except Apple and Google as stated in the EULA and Stripe as stated in the Stripe Terms. Notices to us: Devtech LLC, Attn: Legal, Medina County, Ohio, USA, [email protected]. Notices to you: the account owner's email address on file.

Application store notice: These Terms are between you and Devtech LLC only, not with Apple Inc. or Google LLC. Apple and Google are not responsible for the Service or its content and have no obligation to furnish maintenance or support.