Terms of Service

Effective date: July 5, 2026

These Terms of Service ("Terms") are a binding agreement between you ("you," "your," or the "Customer") and the operator of Mortar ("Mortar," "we," "us," or "our"), a sole proprietorship based in Knoxville, Tennessee, USA. They govern your access to and use of the Mortar website at https://www.withmortar.com and the Mortar software-as-a-service application, together with all related features, integrations, and content (collectively, the "Service").

Please read these Terms carefully. Our collection and use of personal information in connection with the Service is described in our Privacy Policy, which is incorporated into these Terms by reference.

1. Acceptance of these Terms

By creating an account, clicking to accept these Terms, or otherwise accessing or using the Service, you agree to be bound by these Terms and by our Privacy Policy. When you create an account, you are asked to affirmatively accept both these Terms and the Privacy Policy, and creating an account constitutes your acceptance of both documents. If you do not agree, do not create an account and do not use the Service.

If you are entering into these Terms on behalf of a business or other legal entity, you represent that you have the authority to bind that entity, and "you" refers to both you individually and that entity.

2. Description of the Service

Mortar is a multi-tenant, all-in-one customer relationship management (CRM) platform for small service businesses. Depending on your subscription tier, the Service may include:

• Estimating and quote-to-cash (the "spine," included in every plan): a price book, quotes/estimates, invoices, electronic signature, and the ability to get paid.
• Pipeline: lead and job tracking.
• Dispatch: scheduling and recurring service.
• Bookkeeping: cash-basis financial tracking, including bank-transaction import and, optionally, a connected bank feed.
• Marketing: marketing and customer-communication tools.

The specific modules, seat counts, and features available to you depend on your chosen plan (see Section 6). We may add, change, or discontinue features over time consistent with these Terms.

3. Accounts and Eligibility

To use most parts of the Service you must create an account. You agree to:

• provide accurate, current, and complete information (including a valid email address);
• keep your account credentials confidential and not share them; and
• be responsible for all activity that occurs under your account.

You must be at least 18 years old (or the age of majority in your jurisdiction) and capable of forming a binding contract to use the Service. The Service is intended for business use and is not directed to children.

You are responsible for the acts and omissions of any users you invite to your account (for example, team members or seats). You must notify us promptly at build@withmortar.com if you believe your account has been compromised.

4. Acceptable Use

You agree not to, and not to permit any of your users or customers to:

• use the Service for any unlawful, fraudulent, or deceptive purpose, or in violation of any applicable law or regulation;
• upload, store, or transmit any content that is unlawful, infringing, defamatory, or that violates the privacy or intellectual-property rights of others;
• upload or transmit malware, or attempt to gain unauthorized access to the Service, other accounts, or our systems;
• interfere with, disrupt, overload, or probe the integrity or performance of the Service (including scraping, denial-of-service attempts, or circumventing access controls or rate limits);
• reverse engineer, decompile, or attempt to derive the source code of the Service, except to the extent that restriction is prohibited by applicable law;
• resell, sublicense, or provide the Service to third parties except as expressly permitted; or
• use the Service to send unlawful, unsolicited, or bulk communications ("spam"), or in a way that would cause us or any sub-processor (such as Stripe, Plaid, or our email provider) to violate their terms or applicable law.

You are solely responsible for the messages, emails, and other communications you send to your own customers through the Service, including compliance with anti-spam, telemarketing, and electronic-communication laws.

We may investigate suspected violations and may suspend or terminate access as described in Section 12.

5. Your Data and Ownership

Customer Data. "Customer Data" means the data you and your users submit to or generate in the Service, including your own contacts, leads, jobs, quotes, invoices, financial transactions, files, and communications. As between you and us, you own your Customer Data. You are the controller of that data; Mortar acts as a processor and hosts and processes Customer Data on your behalf to provide the Service.

Your responsibilities. You represent that you have all necessary rights, consents, and legal bases to submit Customer Data to the Service and to authorize us to process it as described in these Terms and our Privacy Policy. You are responsible for the accuracy and legality of your Customer Data and for your own relationship with, and obligations to, the individuals whose information you enter (for example, your customers and contacts).

License to operate the Service. You grant us a limited, non-exclusive, worldwide, royalty-free license to host, store, copy, transmit, display, and process Customer Data solely as necessary to provide, maintain, secure, and improve the Service, to provide support, and as otherwise permitted by these Terms and the Privacy Policy. We do not sell your Customer Data, and we do not use it for third-party advertising.

Aggregated/technical data. We may generate aggregated or de-identified statistics and technical/usage data about the operation of the Service. We may use such data (in a form that does not identify you or any individual) to operate, secure, and improve the Service.

Data portability and deletion are addressed in the Privacy Policy and in Section 12 below.

6. Subscriptions, Billing, Free Trial, and Cancellation

Plans. The Service is offered on subscription tiers — currently Solo, Core, and Suite — which differ in the modules, seat counts, and features they include. Current plans and prices are described on our pricing page. We may change plans and prices; changes to the price of your existing subscription will take effect at your next renewal, and we will provide reasonable advance notice.

Free trial. We currently offer a free trial (30 days) that does not require a payment method. At the end of the 30-day trial, your account simply loses paid access unless you choose to subscribe — we do not automatically charge you. We may modify or discontinue trial offers at any time.

Billing. Paid subscriptions are billed on a recurring monthly basis through our payment processor, Stripe. By subscribing, you authorize us and Stripe to charge your payment method for the applicable fees, taxes, and recurring charges until you cancel. You are responsible for providing valid, current payment information.

Renewal. Subscriptions automatically renew for successive periods at the then-current price unless you cancel before the renewal date.

Cancellation. You may cancel your subscription at any time from your account settings or by contacting us at build@withmortar.com. Cancellation stops future renewals; your paid access generally continues through the end of the current billing period.

Refunds. Except where required by applicable law, fees are non-refundable and we do not provide refunds or credits for partial billing periods, unused seats, or unused time.

Taxes. Fees are exclusive of taxes. You are responsible for any sales, use, VAT, or similar taxes associated with your subscription, other than taxes based on our net income.

Late or failed payment. If a charge fails or an amount is past due, we may suspend or downgrade your access after reasonable notice.

7. Third-Party Services

The Service integrates with, and depends on, third-party services. Your use of those services through Mortar is subject to each provider's own terms and privacy policy, in addition to these Terms. These include:

• Stripe — payment processing for your Mortar subscription and, if you enable it, Stripe Connect so you can collect payments from your own customers. Card and bank details are handled by Stripe and are not stored on Mortar's servers.
• Plaid — optional, read-only bank-account data aggregation for the Bookkeeping bank feed. Plaid is used only if you connect a bank account, and your use of Plaid is subject to Plaid's end-user privacy policy.
• Optional tenant-connected integrations — such as Quo / OpenPhone (SMS/calls), which are active only if you connect them.

A full, current list of the third-party services and sub-processors we use is available in our Privacy Policy. We are not responsible for the acts, omissions, availability, or content of third-party services, and your relationship with those providers is between you and them. If you disconnect an integration, features that depend on it may stop working.

8. Intellectual Property

The Service, including the Mortar software, website, design, text, graphics, logos, trademarks, and all related intellectual property (other than Customer Data), is owned by us or our licensors and is protected by intellectual-property laws. Except for the limited rights expressly granted to you in these Terms, we reserve all rights in and to the Service.

Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Service for your internal business purposes during your subscription.

If you provide us feedback or suggestions about the Service, you grant us a perpetual, irrevocable, royalty-free license to use that feedback without restriction or obligation to you.

The "Mortar" name and logo are our trademarks. You may not use them without our prior written permission, except to accurately identify the Service.

9. Disclaimers; "As Is"

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. To the maximum extent permitted by law, we disclaim all implied warranties, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

We do not warrant that the Service will be uninterrupted, timely, secure, or error-free, that defects will be corrected, or that the Service or the servers that make it available are free of harmful components.

The Service is not a substitute for professional advice. Mortar provides bookkeeping, invoicing, estimating, and related tools, but we are not your accountant, tax advisor, attorney, or financial advisor, and nothing in the Service constitutes accounting, tax, legal, or financial advice. You are responsible for verifying your own records and for compliance with applicable laws. You are responsible for maintaining your own backups of important data.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL MORTAR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES, arising out of or relating to these Terms or the Service, even if we have been advised of the possibility of such damages, and whether based on contract, tort, negligence, strict liability, or any other legal theory.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY arising out of or relating to these Terms or the Service will not exceed the greater of (a) the total amount you paid us for the Service in the twelve (12) months immediately preceding the event giving rise to the claim, or (b) one hundred U.S. dollars (USD $100).

These limitations apply to all claims in the aggregate and form an essential basis of the bargain between you and us. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

11. Indemnification

You agree to defend, indemnify, and hold harmless Mortar and its operator from and against any claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your Customer Data or your use of the Service; (b) your violation of these Terms or applicable law; (c) your violation of the rights of any third party, including your own customers and contacts; or (d) messages or communications you send through the Service.

12. Termination and Data Deletion

By you. You may stop using the Service and cancel your subscription at any time as described in Section 6.

By us. We may suspend or terminate your access to the Service, in whole or in part, if you materially breach these Terms (including non-payment or a violation of Section 4), if required by law, or if your use poses a security or legal risk to us, other customers, or third parties. Where practicable, we will provide notice.

Effect of termination. On termination, your right to use the Service ends. You are responsible for exporting any Customer Data you wish to keep before your account is closed; we can help on request.

Data deletion. After termination, we will delete or de-identify your Customer Data within thirty (30) days, except where we are required to retain certain information to comply with legal, tax, accounting, or fraud-prevention obligations, or to resolve disputes and enforce our agreements. You may also request deletion of your account and personal data at any time by emailing build@withmortar.com; deletion will be completed within 30 days of your request. If you connected a bank via Plaid, you may disconnect it at any time, after which the associated bank connection is revoked and its data is purged. Full details are in our Privacy Policy.

Sections that by their nature should survive termination (including Sections 5, 8, 9, 10, 11, 13, and 14) will survive.

13. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Tennessee, USA, without regard to its conflict-of-laws rules. _(Operator to confirm venue and governing-law choice with counsel.)_

Informal resolution first. Before filing any claim, you agree to contact us at build@withmortar.com and attempt in good faith to resolve the dispute informally for at least thirty (30) days.

Venue. Subject to any applicable law, you and we agree that the state and federal courts located in the State of Tennessee, USA will have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Service, and you consent to personal jurisdiction and venue there.

Waiver of class actions. To the extent permitted by law, any claim will be brought in an individual capacity only, and not as a plaintiff or class member in any purported class or representative proceeding.

Nothing in this section limits any non-waivable rights you may have under the mandatory consumer-protection laws of your place of residence.

14. Changes to these Terms

We may update these Terms from time to time. If we make material changes, we will update the "Effective date" above and provide reasonable notice (for example, by email or an in-app notice). Changes are effective when posted unless stated otherwise. Your continued use of the Service after the changes take effect constitutes your acceptance of the updated Terms. If you do not agree to the changes, you must stop using the Service and may cancel your subscription.

15. General

• Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and us regarding the Service and supersede any prior agreements on that subject.
• Severability. If any provision is held unenforceable, the remaining provisions remain in full effect, and the unenforceable provision will be modified to the minimum extent necessary.
• No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.
• Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of assets.
• Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control.
• Relationship. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and us.

16. Contact

Questions about these Terms? Contact us:

Mortar

Email: build@withmortar.com

Website: https://www.withmortar.com