Terms of Service
1. Who we are and what this covers
These terms are the deal between you and H5, LLC, a Wyoming limited liability company ("H5," "we," "us"). They cover our web apps at app.h5consult.com, including Production Tracking and Manpower Forecast, and any H5 tools we add later (the "Service").
By creating an account, starting a trial, or using the Service, you agree to these terms. If you sign up for a company, you're telling us you have authority to bind that company, and "you" means the company. If you don't agree, don't use the Service.
Our Privacy Policy explains what personal information we collect and how we handle it. It's part of these terms.
2. Accounts, users and sign-in
- One account per company. Each company has one account. Admins on that account control who gets invited, what roles they have, and what they can see.
- Users. Anyone you invite (employees, crews, subcontractors) uses the Service under your account. You're responsible for what they do in it and for removing people who shouldn't have access anymore.
- Sign-in codes. We sign people in with one-time codes sent by email, not passwords. Each user needs their own email address. Don't share codes or accounts. Tell us right away at info@h5consult.com if you think someone got in who shouldn't have.
- Accurate info. Keep your company name, billing contact and admin email current so we can reach you about billing, security and changes.
- Age. Users must be at least 18, or the minimum working age where they are and supervised by your company.
3. Plans, trials, billing and cancelling
Plans. Current plans and prices are on each tool's page at h5consult.com/tools. Pricing is per company, not per user. Each tool is billed on its own. Some tools have a free plan with limits, such as one project on Production Tracking.
Free trials. Paid plans may start with a free trial. Trials need a credit card. We'll email you at least 3 days before your first charge, with a link to cancel. If you don't cancel before the trial ends, your card is charged and your plan continues. One trial per company per tool.
Billing. Paid plans renew automatically, monthly or yearly, until you cancel. You authorize us and our payment processor, Stripe, to charge your card on each renewal. Prices don't include sales tax; we'll add it where required. If a charge fails, we'll let you know and may move your account to read-only until it's fixed.
Price changes. We'll give you at least 30 days' email notice before a price increase. It applies at your next renewal after the notice period. If you don't want it, cancel before then.
Promo codes. Promo codes are good for what they say, can't be exchanged for cash, and may expire.
Cancelling. Cancel anytime in your account settings or by emailing info@h5consult.com. You keep paid features through the end of the period you've paid for. No refunds for partial months. Annual plans can be refunded in full if you cancel within 30 days of the charge.
After you cancel or your trial lapses. Your account goes read-only: you can see and export your data, but can't add to it. We don't delete it right away. If an account stays read-only and unpaid for 12 months, we may delete its data after giving the admin 30 days' email notice.
4. Your data
You own it. Everything you and your users put in the Service, such as estimates, quantities, hours, notes, photos, people, roles and schedules, is yours ("Your Data"). We claim no ownership.
What we can do with it. You give us permission to store, process, back up and display Your Data only as needed to run the Service for you, support you when you ask, keep it secure, and meet legal requirements. We don't sell it. We don't share it with other customers.
Usage numbers. We may use stripped-down, combined numbers about how the Service is used (for example, how many projects are active) to run and improve it. These never identify you, your company, your projects or your people.
Confidential. We treat Your Data as confidential. Only the people who need it to run or support the Service can see it, and only for that reason.
Separate from our consulting and expert witness work. H5 also does construction consulting and has served as an expert witness. We won't access, use or disclose Your Data in any consulting, expert witness, dispute or litigation work. That holds even if you, a project in the Service, or a party you work with is involved in that matter, unless you give us written permission or a law or court order makes us.
Legal requests. If we get a subpoena, court order or other legal demand for Your Data, we'll send the requester to you first where we can. If we have to respond, we'll tell you before we disclose anything, unless the law forbids it, so you have a chance to object. We'll only hand over what's actually required.
You're responsible for what goes in. You need the right to put Your Data into the Service, including people's names and emails. Don't upload Social Security numbers, health information, bank details or similar sensitive data. The Service isn't built for it.
Getting it out. You can export your data while your account is active or read-only. Some tools offer export in the app; for others, email us and we'll send it in a common format such as CSV.
Backups. We back up the Service, but it isn't your archive. Keep your own copies of anything you can't afford to lose, such as final quantities for a job closeout.
5. Fair use, our stuff, and services we rely on
Don't:
- break the law or anyone's rights using the Service
- try to get into accounts or data that aren't yours
- probe, scan, overload or attack the Service, or get around its limits
- copy, resell or rebuild the Service, or scrape it with bots
- upload viruses or harmful code
- give access to a competitor so they can copy us
If you do, we may suspend access (see section 7).
Our stuff. The Service, its software, design, templates, and the H5 name and logo belong to H5. While you're a customer, you can use the Service for your company's internal business. That's a permission, not a transfer of ownership.
Templates. Excel templates and sample files we provide are yours to use inside your company. Don't resell them or pass them off as your own product.
Feedback. If you send ideas or suggestions, we can use them without owing you anything. Thanks in advance; most of our features started that way.
Services we rely on. We use trusted providers to run the Service, including hosting, database, email delivery and payments (currently Vercel, Supabase, Resend and Stripe). They handle data only to provide their service to us. We're not responsible for outages on their end, but we pick them carefully. Our Privacy Policy keeps the current list.
6. The fine print that matters
A tool, not advice. The Service shows numbers based on what you and your crews enter: hours used, quantities, ahead or behind, who's free when. It's only as good as that data. It isn't engineering, legal, accounting, safety or HR advice, and it isn't a payroll or timekeeping system of record. Decisions about bids, staffing, pay, schedules and claims are yours. If you want help with those, that's what H5 consulting is for, under a separate agreement.
As is. We work hard to keep the Service accurate and running, but we provide it "as is" and "as available." To the extent the law allows, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement. We don't promise it will be error-free or never go down.
New features. Features marked beta, preview or early access may change or go away, and come with no promises.
Limit of liability. To the extent the law allows:
- Neither of us is liable to the other for lost profits, lost revenue, lost data, delay or impact claims, or any indirect, special, incidental, consequential or punitive damages, even if warned they might happen.
- Our total liability for anything related to the Service is capped at the greater of what you paid us for it in the 12 months before the claim, or $100.
These limits don't apply to your payment obligations, a breach of section 5's use rules, or anything the law doesn't let us limit.
Indemnity. If someone sues us because of Your Data, how your users used the Service, or your breach of these terms, you'll defend us and cover our reasonable costs and any resulting judgment or settlement. We'll tell you promptly and let you control the defense, and we won't settle in a way that admits fault for you without your OK.
7. Ending things, disputes and the rest
If we suspend or close an account. We can suspend or close an account for nonpayment, a serious or repeated breach of these terms, or activity that puts the Service or other customers at risk. Except in an emergency or where the law requires otherwise, we'll warn you first and give you a fair chance to fix it. If we close your account without cause, or stop offering a tool, we'll give you at least 60 days' notice, a refund of any prepaid time you didn't use, and a way to export Your Data.
What survives. Sections on Your Data, our stuff, the fine print, and disputes keep applying after the account ends.
Disputes. If something goes wrong, email us first. We'll both try in good faith to work it out within 30 days. If we can't, these terms are governed by Wyoming law, without regard to conflict-of-law rules, and any lawsuit goes in the state or federal courts for Teton County, Wyoming.
Changes to these terms. We'll update these terms as the Service grows. For a material change, we'll email account admins at least 30 days before it takes effect. If you keep using the Service after that, you accept the new terms. If you don't, cancel before the change takes effect and we'll refund any prepaid time you haven't used.
Enterprise customers. If you sign a separate written agreement with H5, such as an Enterprise or master services agreement, that agreement wins wherever it conflicts with these terms.
The rest. These terms and the Privacy Policy are the whole agreement about the Service. If a court throws out part of them, the rest still stands. Not enforcing something right away isn't a waiver. You can't transfer your account without our OK, except to a buyer of your business; we can transfer these terms to a buyer of the Service, with notice. Neither of us is responsible for delays caused by things outside our control, such as outages, storms, wildfire or acts of government.
Contact. H5, LLC, Jackson, Wyoming · info@h5consult.com · (307) 699-4725