Terms of Use

1. Agreement

These Terms of Use ("Terms") are a contract between QuietMedia, LLC ("QuietMedia", "we", "us") and the business that creates a Fabrication Plan account ("you", the "Shop"). By creating an account, starting a trial, or using the Fabrication Plan website or application (the "Service"), you agree to these Terms. If you accept on behalf of a company, you represent that you have authority to bind that company.

Individual employees who use the Service under a Shop’s account are bound by that Shop’s acceptance; the Shop is responsible for its users’ compliance.

2. The Service

Fabrication Plan is subscription software for custom fabrication shops: estimating, scheduling, time clock, inventory and purchasing, shop messaging, electronic signatures, and related features. We may add, change, or discontinue features; we will not materially reduce the Service you are paying for without notice.

The Service is provided over the internet and depends on third-party infrastructure (cloud hosting, payment processing, email delivery, speech transcription, e-signature routing). We are not liable for outages of those providers, but we design for redundancy and will communicate during disruptions.

3. Free trial, subscriptions, and billing

Free trial. New shops receive 30 days of full access free. No charge is made until the trial ends. A shop that has already used a trial is not eligible for a second one.

Subscription. After the trial, continued access requires a paid subscription, billed per seat (per active team member) monthly or annually through Stripe. You authorize us to charge your payment method on each renewal until you cancel.

Seats. Your subscription includes the number of seats you purchase; you may change your seat count in the app. Adding members beyond your seats requires increasing the seat count first.

Cancellation. You may cancel at any time; access continues through the end of the paid period and payments are not refunded for partial periods. If a payment fails, your account enters past-due status with a 7-day grace period before access is suspended.

Price changes. We may change pricing with at least 30 days’ notice; changes apply to your next renewal.

4. Your data

You own your data. Everything your shop enters or generates in the Service — projects, estimates, client and supplier records, employee time entries, photos, messages, and documents — is and remains yours. You grant us only the license we need to store, process, and transmit it to operate the Service for you. All of your data, including backups, is stored in the United States.

Employee consent. The Service records workplace data, including time-clock entries, photos, and voice recordings. You are responsible for having the legal right to collect that data — including any notices and consents your state requires for recording audio or tracking time and attendance — and you warrant that you have it.

Export and deletion. Because your data is yours, you may export and collect it at any time during your subscription and for 90 days after the subscription ends — including after a cancellation or a lapsed payment, even though app access is otherwise suspended. After that window, it is deleted from production systems, and encrypted backups age out on their normal cycle.

Responsibility for content. You are responsible for the accuracy and legality of the data you put in the Service, including the estimates and documents you send to your own clients.

5. Accounts and acceptable use

Administrators control membership, roles, and permissions for their Shop. Keep credentials confidential; you are responsible for activity under your account.

You agree not to: misuse the Service (including probing or bypassing security or tenant isolation); send unlawful, deceptive, or unsolicited bulk communications through it; upload content you have no right to use; resell or frame the Service as your own; or use it to build a competing product.

6. Electronic signatures

The Service can route estimates and other documents for electronic signature. You consent to conducting business electronically, and you agree that electronic signatures and records produced through the Service are intended to satisfy the federal ESIGN Act and applicable state UETA laws. Recipients who sign documents you send are your customers, and your dealings with them are between you and them.

7. Intellectual property

We own the Service — the software, design, and documentation — and all improvements to it. These Terms give you a limited, non-exclusive, non-transferable right to use the Service while your subscription is active. If you send us feedback or suggestions, we may use them without obligation to you.

8. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not warrant that the Service will be uninterrupted or error-free, and — importantly for a shop tool — estimates, schedules, and cost calculations produced by the Service are aids to your professional judgment, not substitutes for it.

9. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW: (a) NEITHER PARTY IS LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, OR LOST DATA; AND (b) QUIETMEDIA’S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE IS LIMITED TO THE AMOUNTS YOU PAID US IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. These limits apply regardless of the theory of liability and even if a party was advised of the possibility of such damages.

10. Indemnification

You will defend and indemnify QuietMedia against third-party claims arising from your data, your violation of these Terms, or your collection of employee data without required consent — including claims by your employees about time tracking, photos, or recordings you chose to capture. We will defend and indemnify you against third-party claims that the Service itself infringes a U.S. patent, copyright, or trademark, except to the extent the claim arises from your data or your modifications.

11. Term and termination

These Terms apply while you use the Service. Either party may terminate for material breach that is not cured within 30 days of written notice. We may suspend the Service immediately for security threats, abuse, or non-payment beyond the grace period. On termination, your right to use the Service ends; the data-retention terms of Section 4 and the Privacy Policy govern what happens to your data. Sections that by their nature should survive (ownership, disclaimers, liability limits, indemnification, governing law) survive.

12. Governing law and disputes

These Terms are governed by the laws of the State of New Mexico, without regard to conflict-of-laws rules. The state and federal courts located in New Mexico have exclusive jurisdiction over disputes arising out of these Terms or the Service, and both parties consent to venue there. Before filing, each party agrees to try in good faith to resolve the dispute informally for at least 30 days after written notice.

13. General

Changes. We may update these Terms; we will post the new version here, update the effective date, and give at least 30 days’ notice by email before material changes take effect. Continuing to use the Service after changes take effect constitutes acceptance.

These Terms, together with the Privacy Policy and any order or plan selection you make in the Service, are the entire agreement between us about the Service. If any provision is unenforceable, the rest remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. Neither party is liable for delays caused by events beyond its reasonable control.

Contact: QuietMedia, LLC — Fabrication Plan · Support@fabricationplan.com · United States