Terms of Service (DRAFT v2026-11-03b-draft)

DRAFT for attorney review — have a California attorney review before launch. Provider: [LEGAL ENTITY NAME — TBD] ("we"), operating NoticeStamp.

Important: please read (summary of key terms)

DRAFT pending attorney review. In short:

• Records, not a guarantee. NoticeStamp keeps records of what happened. It is not a guarantee of compliance and not legal advice. We are not a law firm.
• You are responsible for compliance and for the accuracy of the data you give us (Section 4).
• Disclaimer of warranties. Apart from the limited promises in Section 2, the service is provided "as is" and "as available" (Section 3).
• Liability cap. Our total liability is limited to the fees you paid us in the 12 months before the claim. This cap does not apply to gross negligence, willful misconduct or fraud (Section 5).
• No consequential damages. Neither party is liable for indirect, incidental, special or consequential damages or lost profits (Section 5).
• Indemnity. You agree to cover claims that arise from your data or your compliance decisions (Section 6).

1. What the service does

NoticeStamp delivers notices you choose to send, collects employee acknowledgments and emergency-contact elections, and keeps records of what happened. It is not a guarantee of compliance and not legal advice.

2. What we warrant

• The system will record transmission, open and acknowledgment events accurately, with server-generated timestamps that users cannot edit.
• The system will transmit notices to the email addresses and phone numbers you provide, using the template version shown.

3. Disclaimer of warranties

Except for the promises in Section 2, the service is provided "as is" and "as available", and we disclaim all other warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement, to the extent the law allows. In particular, we do not warrant:

• That the employee contact information you supply is correct, current or reaches the employee.
• That the Labor Commissioner, a court or any agency will accept a given delivery method, language or record as sufficient.
• That use of the service satisfies any law.

4. Your responsibilities

• You, the employer, remain solely responsible for your compliance obligations, including Labor Code §§1550–1559.
• Provide accurate roster data and keep it current; choose delivery channels you normally use for employment information; act on detention-notification elections when required.

5. Limitation of liability

• Our total liability for all claims is limited to the fees you paid us in the 12 months before the claim.
• Neither party is liable for indirect, incidental, special, consequential or punitive damages, or lost profits or revenue, even if told they were possible.
• These limits do not apply to gross negligence, willful misconduct or fraud, or to any liability that cannot be limited under California Civil Code §1668.

6. Indemnity

You will defend and indemnify us against third-party claims arising from the data you provide, your use of the service in breach of these Terms, or your compliance decisions. We will defend and indemnify you against third-party claims arising from our gross negligence, willful misconduct or fraud.

7. Plans, billing and early-access offer

There is no free trial. Sending notices requires a paid plan (Starter, Growth or Pro), billed monthly or yearly in advance through Stripe. Until a plan is paid, you can set up your account and roster, but nothing is sent. The free DIY templates remain free and do not require an account.

Early-access offer: if you sign up and complete checkout on or before November 30, 2026 at 11:59 PM Pacific Time, 20% is taken off your first payment only (your first month on a monthly plan, or your first year on a yearly plan). Every later renewal is charged at the regular price then in effect. The offer is applied automatically at checkout, cannot be combined with other discounts, has no cash value, and is not extended or restarted. Subscriptions renew automatically until canceled; you can cancel at any time, effective at the end of the paid period. Records are retained per our retention policy.

8. Closing your account

When an admin closes the account, we stop sending all notices and reminders, cancel the subscription, and make the account read-only: you can still log in to view and download records, but you cannot change or send anything. Compliance records (notices, delivery and acknowledgment records, elections and the audit log) are kept for 3 years after closure, then permanently deleted by our automatic retention job. Any user can delete their own login (email, password and sign-in settings) at any time from Settings; this does not delete the employer's compliance records, which the law requires to be kept.

9. Data

We process employee personal information as your service provider under the Data Processing Addendum.

10. Acceptance

You accept these Terms by checking the box at signup. We record the Terms version, time, IP address and browser.

11. Laws covered and law changes

The service currently supports California SB 294 (Know Your Rights / emergency contact notice) and the Labor Code §2810.5 wage notice. SB 947 support is planned for its July 1, 2027 effective date. Summaries of these laws on the website are general information, may be incomplete, and may change as laws, agency templates and guidance change. Read the official text and consult your own counsel. Using the service does not by itself make you compliant with any law.

12. Pricing and changes to the service

Features, availability and pricing may change. Prices shown on the website are not a binding offer until you complete checkout; changes to your price apply at your next renewal after notice.

13. Demo and sample data

The demo uses fictional sample data only. Documents it produces are marked as samples and must not be given to employees or filed with any agency as real notices.

14. Text messages (SMS)

Texts sent through the service are transactional: notices, reminders and acknowledgment requests your company sends to its employees, plus account notices to your admins. We do not send marketing texts. Message frequency varies; message and data rates may apply. Recipients can reply STOP to opt out, START to opt back in, or HELP for help. Carriers are not liable for delayed or undelivered messages. We do not sell or share mobile numbers or SMS consent for marketing. You are responsible for having employee contact information you are permitted to use.

15. Acceptable use

Do not misuse or attempt to disrupt the service, access accounts that are not yours, upload malicious content, or submit false, unlawful or unauthorized information.

16. Governing law

These Terms are governed by California law, without regard to conflict-of-law rules. Disputes will be resolved in the state or federal courts located in California, except where applicable law requires otherwise.

17. Changes to these Terms and contact

We may update these Terms; the version shown above is the latest. Material changes take effect after notice and, where required, renewed acceptance. Questions: use the contact page.

*Draft pending review by a California attorney. Operator: [legal entity to be determined].*