Terms of Service

1. Eligibility & Accounts

• You must be at least 18 years old (or the age of majority in your jurisdiction) and have the authority to bind the organization on whose behalf you use the Services.
• You agree to provide accurate, current, and complete registration information and to keep it up to date.
• You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. Notify MetrIQs immediately of any unauthorized use.

2. Fees & Payment

MetrIQs is offered in two ways: as an operating service under a signed service agreement ("Service Engagement"), and as a self-serve software subscription started in the app ("Software Subscription"). If a signed service agreement conflicts with these Terms, the service agreement controls.

Service Engagement

• The fee is $1,000 per location per month for a business below a 15% net profit margin when the engagement starts, and $3,000 per location per month for a business at or above it, unless your service agreement states otherwise. It is billed in advance at the start of each month.
• The engagement is month to month. Either party may end it at any time with written notice; it ends at the close of the month already paid for.
• If you tell us in writing before your next billing date that the current month was not worth the fee, we refund that month in full. A refund ends the engagement at the close of that month.
• For an engagement that started at $1,000, after three consecutive calendar months at or above a 15% net profit margin, as defined in your service agreement, the fee becomes $3,000 per location per month. We tell you in writing before the first higher charge.
• The 15% net profit margin is the goal of the engagement, not a promise of a result. Results depend on your decisions and on changes you approve. We make no change to your business, vendors, prices, schedules or staff without your approval.
• You give us timely access to the systems and records named in your service agreement, a named decision maker, and a yes or no on each recommendation.
• The Software Subscription is included at no extra charge while a Service Engagement is active.

Software Subscription

• The subscription is $99 per month, as stated at checkout or in an order form.
• New accounts include a free 7-day trial with full access. No payment card is required to start the trial. If you do not add a payment method before the trial ends, the trial ends, access stops, and you are not charged.
• If you add a payment method, the subscription is billed at $99 per month when the trial ends and every month after that. You can cancel at any time from your billing settings; cancelling ends renewal at the close of the current billing period.
• Subscription fees are billed in advance and are non-refundable. Cancelling ends renewal but does not refund the current term.

Both

• You authorize MetrIQs to charge your payment method for applicable fees, taxes, and any agreed usage-based or add-on charges.
• Late payments may incur interest at the lesser of 1.5% per month or the maximum permitted by law. We may suspend or downgrade the Services for unpaid invoices.

3. Customer Data & Integrations

• You retain all rights, title, and interest in Customer Data you connect or upload. You grant MetrIQs a limited, worldwide license to host, copy, process, analyze, display, and transmit Customer Data as needed to provide, secure, operate, and support the Services for you and to comply with law.
• You are responsible for obtaining all necessary rights, consents, and permissions to transmit Customer Data to MetrIQs and to third-party integrations you authorize, including accounting, commerce, point-of-sale, workforce, and manually uploaded systems that are not yet automated.
• You acknowledge that AI-generated insights are based on Customer Data and may not be error-free. You remain responsible for verifying outputs and making business decisions.
• MetrIQs does not use Customer Data to train machine-learning models. MetrIQs does not pool Customer Data across customers unless the workspace owner turns on Data sharing, described below.
• Data sharing (the MetrIQs network) is off unless the workspace owner turns it on in Settings. While it is on, MetrIQs adds the workspace's monthly ratio metrics, such as labor cost as a percent of sales, average check and margins, to an anonymized dataset, together with a coarse industry, region and location-count band and a coarse description of the kind of business (employee-count range, price range, how customers buy, days and hours open, and years in business, each as a broad range or category). The dataset contains no business name, website, address, names of the people who run it, no dollar totals, no names of customers, employees or vendors, and no identifier linked to your account once the workspace is deleted. When turned on, the previous twelve months are added at once, then each month after. Values are rounded before they are added. Separately, the owner can share how work MetrIQs did for the workspace turned out (whether it helped and a range for how much, never an amount). In return, workspaces that share can compare their metrics with similar businesses, see how work turned out for them, and have their reminders judged against what is normal for similar businesses; these are shown only for groups large enough that no single business can be singled out, and are not available to workspaces that do not share.
• MetrIQs reads the website you give for your business, and public web search results about it, to build a business profile that gives Luca (the AI in MetrIQs) context and classifies your data. You can correct the profile at any time by telling Luca; each change is shown for an owner or admin to approve before it is saved. The profile is Customer Data and is deleted with the workspace, except for the coarse description added to the MetrIQs network as described above.
• You grant MetrIQs a perpetual, irrevocable, worldwide license to use, combine, analyze and create insights from the anonymized data added while Data sharing was on. Turning Data sharing off stops new additions and ends your access to comparisons and other insights from the dataset; anonymized data already added remains in the dataset, including after you disconnect integrations or delete your workspace, because it can no longer be linked to you.
• When you use chat or other AI features, your question, the Customer Data retrieved to answer it, and any attachments are processed by our AI provider, OpenAI, through its API. Requests are sent with provider-side storage disabled; OpenAI may retain API data for a limited period for abuse monitoring under its API data policy and does not use API data to train its models.
• To keep answers relevant, MetrIQs may store short notes derived from your workspace's conversations, uploads and onboarding answers, such as a stated business preference. These notes are used only within your workspace, can be reviewed and removed in Settings, and are deleted with the workspace.
• MetrIQs keeps the names and per-day figures of the items, employees, vendors and customers your connected tools report, so it can answer questions about them. They are visible to every member of the workspace and are deleted with the integration that reported them.
• When you ask, MetrIQs can create documents, scheduled reports, alerts and custom metrics for you. They are stored with your workspace, delivered as you request, and can be paused or deleted in Settings.
• Disconnecting an integration stops synchronization, revokes or deletes the credentials stored for it, and deletes the data synced from it, except anonymized data already added to the MetrIQs network as described above. Deleting a manual upload removes its data from the Services. Chat conversations are kept until you delete them. Deleting a workspace permanently deletes it and all of its Customer Data, including uploads, conversations, documents and synced data. Deleting your account deletes your personal settings and the conversations, documents and other items you created, and deletes any workspace you were the last member of; workspaces shared with other members keep their workspace data. In every case anonymized data already added to the MetrIQs network is kept, as described above. Deleted data may persist in encrypted backups for a limited period before those backups expire.

4. Acceptable Use

You agree not to (a) misuse or interfere with the Services; (b) attempt to probe, scan, or test the vulnerability of any system or network; (c) reverse engineer, decompile, or disassemble the Services; (d) use the Services to build a competing product; (e) transmit malware, spam, or illegal content; or (f) use the Services in violation of any law, regulation, or third-party rights.

5. Intellectual Property

Except for Customer Data and the limited rights expressly granted to you, MetrIQs and its licensors own all intellectual property and proprietary rights in the Services, including software, dashboards, documentation, models, analytics, and any improvements or derivative works of the Services. Feedback you provide may be used by MetrIQs without restriction and without obligation to you.

6. Confidentiality

Each party agrees to protect the other party’s confidential information using reasonable safeguards and to use such information only for purposes permitted under these Terms. Confidential information does not include information that is or becomes public, is already known without obligation, or is independently developed without reference to the disclosing party’s information.

7. Warranties & Disclaimers

• You represent that you have the authority to bind the customer organization and that you will comply with all applicable laws when using the Services.
• THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. METRIQS DOES NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE, UNINTERRUPTED, OR THAT ANALYTICS OR AI OUTPUTS WILL MEET YOUR REQUIREMENTS.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, NOR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY. METRIQS’S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE FEES PAID TO METRIQS FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.

9. Indemnification

You will defend, indemnify, and hold harmless MetrIQs and its affiliates, officers, employees, and agents from any claims, damages, liabilities, and expenses (including reasonable attorneys’ fees) arising from or related to your use of the Services, Customer Data, breach of these Terms, or violation of applicable law or third-party rights.

10. Term, Suspension, & Termination

• These Terms remain in effect while you access the Services. Either party may terminate for cause if the other party materially breaches and fails to cure within thirty (30) days of notice.
• MetrIQs may suspend or terminate access immediately if continued use poses a security risk, violates these Terms, or infringes third-party rights.
• Upon termination, you must cease using the Services. We may retain Customer Data as required by law or for legitimate business purposes, subject to our Privacy Policy.

11. Governing Law & Dispute Resolution

These Terms are governed by the laws of the State of Michigan, excluding conflict of law rules. The parties consent to the exclusive jurisdiction of state and federal courts located in Kent County, Michigan. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

12. Changes to the Services & Terms

MetrIQs may update the Services, discontinue features, or modify these Terms from time to time. Material changes will be communicated via the Services or email. Continued use of the Services after changes become effective constitutes acceptance of the updated Terms.

13. General

• These Terms, together with any order form and the Privacy Policy, constitute the entire agreement between you and MetrIQs.
• Neither party’s failure to enforce any provision is a waiver of that provision.
• You may not assign these Terms without our prior written consent; MetrIQs may assign to an affiliate or in connection with a corporate transaction.
• If any provision is held unenforceable, the remaining provisions remain in full force and effect.

14. Contact

Questions about these Terms? Contact us at info@themetriqs.com or mail MetrIQs, Attn: Legal, 8540 Roseland Court, Oak Park, MI 48237.