Agreement
These Terms of Service (“Terms”) are an agreement between Green Growth CPAs (“we”, “us”) and the business that signs up for BudMetrics (“Customer”, “you”). They cover the BudMetrics web application, its emails and notifications, and the website at budmetrics.ai (together, the “Service”).
By creating an account, signing in or using the Service, you agree to these Terms on behalf of your business, and you confirm you are authorized to do so. If you have a separate signed agreement, order form or engagement letter with us, that document controls where it conflicts with these Terms. Our Privacy Policy explains how we handle information.
The service
BudMetrics is a software service for licensed cannabis dispensary operators. It imports data from the systems you connect (such as your point-of-sale system, QuickBooks Online, LeafLink and, optionally, a Gmail mailbox) and provides sales and margin analytics, pricing and competitor comparisons, discount analysis, purchasing suggestions, financial reporting and AI-assisted answers and drafts.
We may improve, change or retire features over time. If we remove a feature you rely on in a material way, we will give you reasonable notice.
Accounts and access
- You decide who in your business gets access and what they can see. You are responsible for their use of the Service.
- Keep sign-in methods secure, and tell us promptly at gagan@budmetrics.ai if you suspect unauthorized access.
- Give us accurate account information and keep it up to date.
- Accounts are for your business’s own internal use. Do not share sign-ins between people.
Acceptable use
You agree not to, and not to let anyone else:
- break the law, including cannabis, privacy, consumer-protection and marketing laws, or use the Service for a business that is not properly licensed;
- connect a system, mailbox or account you are not authorized to connect, or upload data you have no right to use;
- send marketing emails or messages through the Service to people who have not agreed to receive them;
- try to access another customer’s data, probe or bypass our security, or interfere with the Service;
- copy, resell or reverse-engineer the Service, or use it to build a competing product; or
- overload the Service, including through automated scraping of the Service itself.
We may suspend access that breaks these rules, as described in Suspension and termination.
Your data
- You own your data. Data you or your connected systems provide to the Service (“Customer Data”) stays yours.
- You give us permission to host, copy, process and display Customer Data only as needed to provide, secure and support the Service for you, and as described in our Privacy Policy.
- We may use usage information and aggregated, de-identified measures that do not identify you, your stores or any person to operate and improve the Service. We do not sell Customer Data.
- You are responsible for having the rights and consents needed for the data you bring into the Service, including any customer contact details you use for emails.
- You can ask for an export of your Customer Data at any time while your account is active and for 30 days after it ends.
Third-party integrations
The Service works with third-party products you choose to connect, such as your POS provider, Intuit QuickBooks Online, LeafLink and Google. When you connect one:
- you authorize us to access it on your behalf with the permissions you grant, and to the extent needed for the features you use;
- that provider’s own terms and privacy policy apply to your use of their product, and you are responsible for complying with them;
- we do not control third-party products and are not responsible for their availability, accuracy, changes or outages, which can affect the Service; and
- you can disconnect at any time. Features that depend on that connection will stop working.
Some features can change data in a connected system, for example updating discounts in your POS. These are off unless you separately turn them on, show you the change before it is made, and act only on the items you choose. You are responsible for reviewing and approving those changes.
AI features and outputs
The Service uses artificial intelligence to analyze data and to draft suggestions: answers to questions, discount and pricing recommendations, purchase-order drafts, and financial summaries and reviews.
- AI output is a suggestion, not a decision. It can be incomplete or wrong, even when it looks precise. A qualified person at your business must review it before you rely on it or act on it.
- No automatic purchasing. The Buy Agent prepares order drafts for review. It never places, submits or pays for an order, and never contacts a vendor, on its own. Any order is placed by you.
- Financial figures need checking. Reports, journal-entry drafts, forecasts and reviews are tools to support your team, not audited statements. Check them against your books before using them for filings, tax returns, lending, investor reporting or compliance.
- Not professional advice. Unless we have agreed in a separate signed engagement to provide accounting, tax or legal services, nothing in the Service is accounting, tax, legal or regulatory advice.
Fees
Fees, billing terms and any usage-based charges (such as AI usage) are set out in your order form, proposal or engagement letter. Unless it says otherwise, fees are due within 30 days of invoice, are non-refundable, and exclude taxes, which you are responsible for. We may change prices for a renewal term with at least 30 days’ notice.
Confidentiality
Each of us will keep the other’s non-public business information confidential, use it only for purposes of this agreement, and protect it with at least reasonable care. This does not cover information that is public through no fault of the receiving party, already known to it, independently developed, or rightfully received from someone else, or disclosures required by law (with notice where allowed).
Our intellectual property
We own the Service, including its software, design, content and the improvements we make to it. Subject to these Terms, we grant you a non-exclusive, non-transferable right to use the Service for your business during your subscription. If you send us feedback or suggestions, we may use them without obligation to you.
No warranty
We will provide the Service with reasonable skill and care. Beyond that, and to the fullest extent the law allows, THE SERVICE, INCLUDING ALL AI OUTPUT AND ALL DATA FROM THIRD-PARTY SYSTEMS, IS PROVIDED “AS IS” AND “AS AVAILABLE”. WE DISCLAIM ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT, AND WE DO NOT PROMISE THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT IT WILL PRODUCE ANY PARTICULAR BUSINESS RESULT.
Limitation of liability
To the fullest extent the law allows:
- NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, INVENTORY, GOODWILL OR DATA, EVEN IF TOLD THEY WERE POSSIBLE; and
- EACH PARTY’S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE FEES YOU PAID US FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.
These limits do not apply to your payment obligations, a party’s indemnity obligations, or liability that cannot be limited by law. You are responsible for decisions you make using the Service, including prices, discounts and purchases.
Indemnity
You will defend and indemnify Green Growth CPAs against third-party claims arising from Customer Data you were not entitled to provide, from messages you send through the Service, or from your breach of Acceptable use. We will defend and indemnify you against third-party claims that the Service, as we provide it, infringes their intellectual property rights.
Suspension and termination
- You may stop using the Service and close your account at any time, subject to any minimum term in your order form.
- Either party may end the agreement if the other materially breaches it and does not fix the breach within 30 days of written notice.
- We may suspend access immediately if needed to prevent harm to the Service, to other customers or to third parties, or to comply with law. We will tell you why and restore access once the issue is resolved.
- When the agreement ends, your access stops. You may request an export within 30 days, after which we delete or de-identify Customer Data as described in our Privacy Policy.
- Sections that by their nature should survive (including your data, confidentiality, no warranty, limitation of liability, indemnity and governing law) survive the end of the agreement.
Governing law
These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws rules. Any dispute will be brought in the state or federal courts located in Orange County, California, and each party consents to their jurisdiction.
General terms
- Changes to these Terms. We may update these Terms. We will post the new version here with a new effective date and give account administrators at least 30 days’ notice of material changes. Continuing to use the Service after they take effect means you accept them.
- Assignment. Neither party may assign this agreement without the other’s consent, except to a successor in a merger, acquisition or sale of substantially all of its assets.
- Force majeure. Neither party is responsible for delays caused by events beyond its reasonable control, including outages of third-party systems.
- Entire agreement. These Terms, the Privacy Policy and any order form or signed agreement are the whole agreement about the Service. If a provision is unenforceable, the rest still applies. Not enforcing a provision is not a waiver.
- Notices. We may send notices to the email address on your account; send notices to us at gagan@budmetrics.ai.
Contact us
Questions about these Terms: gagan@budmetrics.ai.
Green Growth CPAs, operator of BudMetrics.
Mailing address: 200 Spectrum Dr, Irvine, CA 92618