Terms of Service

Company Name: MCY Site Services, LLC d/b/a DumpsterLogix Address: Spring, TX Email: info@dumpsterlogix.com Phone: 832-220-1518

1. Acceptance of Terms

By creating an account, subscribing to the DumpsterLogix platform, requesting a demo, or otherwise engaging with MCY Site Services, LLC d/b/a DumpsterLogix ("we," "our," or "us"), you ("Customer," "you," or "your") agree to these Terms of Service. If you use the platform on behalf of a business, you represent that you are authorized to bind that business, and "Customer" refers to that business. These Terms supplement any signed order form or subscription agreement governing your account; where a signed agreement and these Terms conflict, the signed agreement controls. Please read them carefully.

2. Services Provided

DumpsterLogix provides a cloud-based software platform for roll-off dumpster rental businesses, including dispatch, inventory, customer management, billing, payment processing, messaging, and reporting features. The platform is provided on a subscription basis. Features and availability are subject to change, and service availability is subject to scheduled maintenance and conditions outside our reasonable control.

3. Accounts and Access

• You must provide accurate and complete registration information and keep it current.
• You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account, including activity by users you authorize.
• You must notify us promptly of any unauthorized use of your account.

4. Subscriptions, Fees, and Billing

• Subscription fees are as published on our website or in your signed order form and are billed in advance through our payment processor, Stripe.
• Subscriptions renew automatically each billing period until canceled.
• Fees are non-refundable except where required by law or expressly stated otherwise.
• We may change subscription pricing with advance notice; changes take effect at your next renewal.
• Failure to pay may result in suspension or termination of access after notice.

5. Customer Data

• You retain all ownership of the data you and your authorized users enter into the platform, including your client records ("Customer Data").
• You grant us a limited license to host, process, and display Customer Data solely to provide and support the services.
• You are responsible for the accuracy and lawfulness of Customer Data, including having the legal right to enter your clients' information into the platform.
• Our collection and handling of personal information is described in our Privacy Policy at https://www.dumpsterlogix.com/privacy-policy.

6. Payments to Your Clients (Stripe Connect)

• Payment acceptance from your clients is provided through your own Stripe account under Stripe's terms of service. Stripe, not DumpsterLogix, is the payment processor of record.
• You are responsible for your Stripe account, including onboarding, verification, chargebacks, and refunds to your clients.
• DumpsterLogix does not add platform fees or take a percentage of payments you process through Stripe.

7. Text Messaging and Communications Compliance

• The platform enables you to send transactional SMS messages to your clients through our telecommunications provider.
• You are solely responsible for complying with all laws and industry standards applicable to your messaging, including the Telephone Consumer Protection Act (TCPA), CTIA Messaging Principles and Best Practices, and carrier registration requirements (A2P 10DLC), and for obtaining and maintaining valid consent from every recipient before messaging them.
• You must honor opt-out requests promptly. We may suspend messaging features for accounts that generate carrier violations, spam complaints, or unlawful messaging.
• Our own SMS practices are described in our SMS Policy at https://www.dumpsterlogix.com/sms-policy.

8. Third-Party Services

The platform integrates with third-party services, including Stripe (payments), Twilio (messaging), and Intuit QuickBooks Online (accounting, when connected by you). Your use of those services is governed by their respective terms, and we are not responsible for their acts, omissions, or availability.

9. Acceptable Use

You agree not to:

• Use the platform for any unlawful purpose or in violation of any applicable law or regulation
• Send unsolicited or marketing messages without valid consent
• Attempt to access another customer's data or circumvent security or tenant isolation controls
• Reverse engineer, copy, resell, or sublicense the platform except as expressly permitted
• Upload malicious code or interfere with the operation of the services

10. Intellectual Property

The platform, including its software, design, and documentation, is owned by MCY Site Services, LLC and its licensors. These Terms grant you a limited, non-exclusive, non-transferable right to use the platform during your subscription. No other rights are granted.

11. Term, Suspension, and Termination

• You may cancel your subscription at any time; cancellation takes effect at the end of the current billing period.
• We may suspend or terminate your access for material breach of these Terms, non-payment, unlawful use, or conduct that threatens the security or integrity of the platform, with notice where practicable.
• Upon termination, you may request an export of your Customer Data within 30 days, after which we may delete it in accordance with our Privacy Policy and data retention practices.

12. Disclaimer of Warranties

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY TEXAS LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT MESSAGES OR PAYMENTS PROCESSED THROUGH THIRD-PARTY PROVIDERS WILL BE DELIVERED OR COMPLETED.

13. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY TEXAS LAW, MCY SITE SERVICES, LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, OR LOST DATA, OR FOR DELAYS OR FAILURES CAUSED BY EVENTS BEYOND OUR REASONABLE CONTROL, INCLUDING CARRIER NETWORKS, THIRD-PARTY SERVICE OUTAGES, OR INTERNET DISRUPTIONS. THIS LIMITATION APPLIES EVEN IF SUCH DAMAGES ARE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF MCY SITE SERVICES, LLC. OUR TOTAL LIABILITY SHALL NOT EXCEED THE SUBSCRIPTION FEES PAID BY CUSTOMER IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

14. INDEMNIFICATION

CUSTOMER AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS MCY SITE SERVICES, LLC, ITS OWNERS, EMPLOYEES, AND CONTRACTORS FROM ANY CLAIMS, DAMAGES, OR EXPENSES ARISING OUT OF CUSTOMER'S USE OF THE PLATFORM, CUSTOMER DATA, CUSTOMER'S MESSAGING TO ITS CLIENTS (INCLUDING TCPA CLAIMS), OR CUSTOMER'S VIOLATION OF THESE TERMS, INCLUDING CLAIMS CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF MCY SITE SERVICES, LLC, EXCEPT TO THE EXTENT CAUSED BY OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. NOTHING IN THESE TERMS WAIVES ANY RIGHT THE CUSTOMER MAY HAVE UNDER THE TEXAS DECEPTIVE TRADE PRACTICES CONSUMER PROTECTION ACT.

15. Governing Law and Venue

These Terms of Service are governed by and construed in accordance with the laws of the State of Texas. The parties agree that any dispute arising out of or relating to these Terms or the services should be brought in the state courts located in the county of our principal place of business in Texas, to the extent permitted by applicable law.

16. Changes to Terms

We may update these Terms of Service from time to time. The latest version will always be posted on our website with the effective date noted above. Material changes will take effect for existing subscriptions at the next renewal.

17. Contact Information

If you have any questions about these Terms of Service, please contact us:

MCY Site Services, LLC d/b/a DumpsterLogix Support Spring, TX Email: info@dumpsterlogix.com Phone: 832-220-1518