Software Subscription Service (SaaS) Agreement
Last Updated: September 5, 2026
Important Legal Notice:
BY CLICKING "I AGREE" OR BY COMPLETING THE ONBOARDING PROCESS AND USING THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS SOFTWARE SUBSCRIPTION SERVICE AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT LOG IN, REGISTER, OR USE THE SERVICES.
Recitals & Background
- Provider (MapMyFence.com) is the owner and operator of certain proprietary computer software and web applications used to estimate the costs of fence installations based on geofenced properties and layout inputs (the "Software").
- Client (referenced as "you" or "contractor") desires to subscribe to and utilize the Software and related hosting services (the "Services") for internal sales estimation and customer lead intake purposes.
- Authorized Users refers to Client’s employees, staff representatives, or prospective customers using the public estimator widget hosted on the Client's slug.
1Software Subscription
a. Grant of License: Provider grants Client, and Client accepts, a limited, non-exclusive, non-transferable right to access and use the web-based Software solely for internal business operations. The Services shall not be used on behalf of unauthorized third parties.
b. Authorized User Access: Client shall use its best efforts to ensure all employees and guest users interact with the Software in accordance with this Agreement. The Software remains hosted on Provider's infrastructure and will not be installed on Client-owned servers.
2Intellectual Property Rights
a. Ownership of Provider IP: Client acknowledges that all right, title, and interest in and to the Services, Software, codes, structures, algorithms, layouts, vector designs (including fence graphics), databases, and trademarks (collectively, the "Provider IP") remain the sole and exclusive property of Provider.
b. Restrictions on Use: Client shall not modify, copy, duplicate, frame, mirror, compile, disassemble, reverse engineer, download, or distribute all or any portion of the Software or Service codebase in any form.
3Subscription Fees & Payment
a. Pricing Plans: Client shall pay the subscription fees matching their selected monthly or annual pricing tier. All fees are exclusive of applicable local, state, or federal taxes.
b. Auto-Billing & Expiration: Client authorizes Provider to automatically bill their credit card, ACH details, or bank account for subsequent periods. Under our 30-Day Free Trial Policy, new accounts are granted 30 calendar days of free access. If Client fails to select a paid plan upon trial end, access to dashboard features and estimator notifications will be locked.
c. Default & Late Fees: In the event automated payment is denied, Client must cure the billing default within five (5) business days, or be subject to subscription deactivation and a late charge.
4Accessibility, Performance, and Resources
a. Service Availability: Provider will use commercially reasonable efforts to make the Services accessible 24/7, excluding scheduled maintenance windows, network outages from third-party Internet Service Providers, DDoS attacks, or standard Force Majeure circumstances.
b. Resource Restriction: Provider reserves the right to monitor computing load and restrict Client access if database operations or estimator usage causes excessive compute strain that degrades performance for other subscribers.
5Maintenance, Support, and Upgrades
Provider will provide standard software maintenance, security patches, and application upgrades at no additional cost. However, custom integrations, bespoke programming requests, or standalone sub-features requested by Client may be subject to separate development invoices.
6Term & Termination
This Agreement automatically renews for successive subscription periods (monthly or annually) unless either party provides written notice of non-renewal at least fifteen (15) days prior to the end of the active term. Upon termination, all rights, licenses, and dashboard interfaces granted to Client shall immediately cease.
7Breach, Default, and Cure Periods
A party is in default of this Agreement if they fail to cure a monetary breach within five (5) business days, or any other material non-monetary breach within fifteen (15) days of receiving written notice from the non-breaching party. Upon uncured default, the non-breaching party may terminate access or pursue equitable remedies.
8Confidentiality
Each party agrees to safeguard all proprietary, non-public, and confidential information (including customer leads and pricing strategies) related to the other's business. Confidentiality covenants shall survive the expiration or termination of this Agreement for a period of five (5) years.
9Warranty Disclaimer & Limitation of Liability
EXCEPT AS SPECIFICALLY WARRANTED HEREIN, THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PROVIDER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PROVIDER BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING LOSS OF PROFITS, BUSINESS DISRUPTION, OR DATA LEAKAGE). UNDER NO CIRCUMSTANCES SHALL PROVIDER'S LIABILITY EXCEED THE TOTAL FEES PAID BY CLIENT TO PROVIDER DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
10Miscellaneous
a. Governing Law & Jurisdiction: This Agreement is governed by the laws of the State of Nebraska. All actions concerning this Agreement shall be brought exclusively in the courts of Lancaster County, Nebraska.
b. Severability & Waiver: If any provision is held void or unenforceable, the remaining sections stay in full force. Failure to enforce any right does not waive subsequent breaches.
c. Complete Agreement: This Software Agreement represents the complete understanding between Client and Provider, superseding all prior oral or written negotiations.