Terms of service
The agreement between BudAlly, Inc. and a business that uses BudAlly. By creating an account or signing an order, you agree to it on behalf of that business.
1. Who this agreement is between
These terms are between BudAlly, Inc. (“BudAlly”, “we”) and the business that signs up (“Customer”, “you”). The person accepting them confirms they have authority to bind that business. BudAlly is for businesses only, and every user must be 21 or older.
An order form or plan selection you accept forms part of this agreement, together with the acceptable use policy and the data processing addendum. If they conflict, the order form wins, then the data processing addendum, then these terms.
2. The service
BudAlly provides operations and intelligence software that reads data from systems you authorise and drafts proposals for human approval. BudAlly is not a point of sale and is not the state track-and-trace system of record. We may improve and change the service; we will not remove a feature you rely on in a paid plan without at least 30 days' notice.
3. Accounts and users
You decide who is invited to your workspace and what each person may approve. You are responsible for what your users do in BudAlly and for keeping sign-in methods secure. Tell us promptly at security@budally.com if you believe an account has been misused.
4. Your data and who owns it
You keep all rights in the data you and your systems put into BudAlly. We use it only to provide and support the service for you. We do not sell it, and we do not use it to train models for anyone else. You can export it in open formats at any time, on any plan.
When the agreement ends you have 30 days to export. After that we delete your data from the live service; copies in backups age out within 28 days. Records we are required by law to keep are kept only for that purpose and for as long as the law requires.
Aggregated benchmarks include your data only if you opt in, and only where at least eight businesses contribute, so no single business can be identified.
5. Human approval and responsibility
Proposals are drafts. Your authorised users decide whether to execute them, and executed actions run under your own third-party credentials. You remain responsible for your regulatory compliance, tax filings and business decisions. Rule packs, tax figures and other guidance in BudAlly are aids to your judgment, not legal, tax or accounting advice.
6. Third-party systems
You authorise BudAlly to access your point of sale, track-and-trace and other accounts within the scopes shown when you connect them, and you confirm you have the right to grant that access under those vendors' terms. Those systems are run by their vendors, not by us; we are not responsible for their availability, accuracy or changes to their APIs, though we will tell you when one affects the service.
7. Fees, billing and cancellation
Fees are those on your order or on the pricing page when you subscribe, billed in advance and excluding taxes, which you pay.
Monthly plans cancel any time; cancellation takes effect at the end of the month already paid, and that month is not refunded. Annual plans are 20% off the monthly price, paid up front, and run for the full year; unused months are not refunded unless we end the agreement without cause. Founding stores keep the per-store rate they signed at for 12 months.
We may change prices with at least 30 days' written notice, but never during a prepaid term or a founding-store rate lock. If an invoice is more than 15 days overdue we may suspend the service after telling you; your data is not deleted while suspended.
8. Term and termination
The agreement runs while you have an active plan. Either party may end it if the other materially breaches it and does not fix the breach within 30 days of written notice. We may suspend access immediately where that is needed to protect the service, other customers or your data, and will tell you why.
9. Cannabis-specific terms
You confirm that you hold, and will keep, every state and local licence your business needs, and that you use BudAlly only for activity lawful under the laws of your state. Cannabis remains a controlled substance under US federal law. BudAlly provides software only: it does not buy, sell, hold, transport or handle cannabis or cannabis payments.
If a change in law, or an order from a regulator or court, makes it unlawful for either party to continue, either party may end the agreement on written notice, and we will refund any prepaid fees for the period after it ends.
10. Confidentiality
Each party will keep the other's non-public information confidential, use it only for this agreement, and share it only with people who need it and are bound to keep it confidential. This does not cover information that is already public, independently developed, or that must be disclosed by law, in which case the disclosing party will give notice where allowed.
11. Warranties and disclaimers
We will provide the service with reasonable skill and care, and it will perform materially as described in its documentation. If it does not, tell us and we will fix it; if we cannot within a reasonable time, you may end the affected plan and we will refund prepaid fees for the remaining period.
Otherwise the service is provided “as is”. To the extent the law allows, we make no other warranties, express or implied, including fitness for a particular purpose. We do not guarantee that rule packs are complete for every jurisdiction or that the service will be uninterrupted.
12. Limitation of liability
Neither party is liable for indirect, incidental, special or consequential losses, or for lost profits, revenue or data, even if told they were possible. Each party's total liability under this agreement is limited to the fees you paid BudAlly in the 12 months before the event giving rise to the claim.
These limits do not apply to your obligation to pay fees, to either party's indemnity obligations, to breaches of confidentiality, or to fraud or wilful misconduct.
13. Indemnities
We will defend you against any third-party claim that the service infringes their intellectual property, and pay the resulting damages or settlement we agree to. You will defend us against any third-party claim arising from your data, your business's operations, or use of the service in breach of this agreement or the law. The party claiming must notify the other promptly, let it control the defence, and cooperate reasonably.
14. Governing law and disputes
This agreement is governed by the laws of the State of Arizona, without regard to its conflict-of-laws rules. The state and federal courts located in Maricopa County, Arizona have exclusive jurisdiction, and both parties consent to them. Before going to court, each party will first try in good faith to resolve a dispute by talking for at least 30 days.
15. Changes and general terms
We will give at least 30 days' notice by email before a material change to these terms takes effect; if you do not agree, you may cancel before then without penalty. Neither party may assign this agreement without the other's consent, except to a successor in a merger or sale of the business. If any part is unenforceable, the rest remains in force. This agreement is the whole agreement on its subject.
Questions: hello@budally.com.
Trademarks
BudAlly and the BudAlly mark are trademarks of BudAlly, Inc. Dutchie, Treez, Flowhub, Cova, BLAZE, Metrc, Headset, QuickBooks, Weedmaps and Leafly are trademarks of their respective owners; BudAlly is an independent product and is not endorsed by or affiliated with them. BudAlly is not affiliated with Ally Financial.