1. The service
ProjectSmith is a hosted project management service for managed service providers that use Datto Autotask. It connects to the Customer’s own Autotask instance, reads project, task, resource, ticket and time data, and writes back the changes the Customer’s users make. The help centre at help.getprojectsmith.com describes how the service works and forms part of its documentation.
We improve the service over time. We will not materially reduce the core functions of a paid subscription during a billing period without telling you first.
2. Accounts, seats and users
The Customer buys Member and Planner seats and assigns them to its users. The minimum subscription is US$99/month (1 Planner + 2 Members). A seat is for one named person and may not be shared. People who appear only as Autotask resources, and never sign in, do not need a seat.
The Customer’s Owners and Admins manage users, roles, seats, billing and settings. The Customer is responsible for its users’ actions in the service, for keeping sign-in credentials secure, and for removing access when someone leaves.
3. Free trial
A new workspace starts with a 14-day free trial. No payment card is needed to start it, and nothing is charged during it. If a card is on file when the trial ends, the paid subscription starts then. If no card is on file, the workspace is suspended until one is added; it is not deleted.
The trial is provided as is. We may end or refuse a trial that appears to be automated, duplicated or abusive.
4. Fees, billing and taxes
Fees are charged monthly in advance, per seat, in US dollars, at the prices on www.getprojectsmith.com/pricing/, plus applicable taxes. Seat changes take effect straight away and are prorated. Invoices are issued through our payment processor, Stripe, and the card on file is charged automatically.
If a payment fails we will tell the Owner and retry it. If it still cannot be collected we may suspend the workspace until it is paid. We will give at least 30 days’ notice of a price change, and it applies from the next billing period after the notice ends.
5. The Customer’s Autotask instance
The Customer authorises ProjectSmith to read from and write to its Autotask instance using API credentials the Customer creates and can revoke at any time, within any write-scope limits the Customer sets. ProjectSmith deletes records in Autotask only as described in the help centre.
Autotask is the Customer’s own system. The Customer remains responsible for its Autotask licence and its agreement with Kaseya. We are not responsible for the availability of Autotask or for changes Kaseya makes to it, but we will make reasonable efforts to keep the connection working when the Autotask API changes.
6. Customer data
The Customer owns the data it and its users put into ProjectSmith or bring in from Autotask (“Customer Data”). We use Customer Data only to provide, support, secure and bill for the service, and as the Customer instructs. We do not sell Customer Data and we do not use it to train machine-learning models.
We may use aggregated, de-identified information about how the service is used to operate and improve it. It never identifies the Customer or any person.
Our Privacy Policy and Data Processing Addendum form part of these terms.
7. Acceptable use
The Customer and its users must follow the Acceptable Use Policy. We may suspend access that breaches it, as that policy describes.
8. Security
We maintain the security measures described on our Security page and in the Data Processing Addendum, and we will notify the Customer of a personal data breach affecting Customer Data as the Data Processing Addendum sets out.
9. Support and availability
Support is available from inside the service (Get help) and by email at support@getprojectsmith.com. We use reasonable efforts to keep the service available and to schedule maintenance to limit disruption. Service status will be published at https://status.projectsmith.io once that page is live. No service credits apply unless agreed in writing.
10. Intellectual property and feedback
We own the service and everything in it other than Customer Data. During the subscription the Customer may use the service for its internal business purposes, subject to these terms.
If the Customer gives us feedback or suggestions, we may use them without obligation.
11. Confidentiality
Each party will keep the other’s confidential information confidential and use it only for the purposes of this agreement, except where it is already public, independently developed, or required to be disclosed by law.
12. Warranties and non-excludable rights
We will provide the service with due care and skill. Except as stated in these terms, the service is provided without other warranties, express or implied, to the extent the law allows.
Nothing in these terms excludes, restricts or modifies any guarantee, right or remedy that cannot lawfully be excluded under the law that applies to the Customer, such as the Australian Consumer Law for customers in Australia.
13. Limitation of liability
To the extent the law allows, neither party is liable for indirect, incidental, special or consequential loss, or for loss of profit, revenue or data arising indirectly, and each party’s total liability under these terms in any 12-month period is limited to the fees the Customer paid for the service in that period.
For claims arising from a breach of our data protection or security obligations, our total liability in any 12-month period is instead limited to [2x / 3x the fees paid in that period — counsel to set].
These limits do not apply to the Customer’s obligation to pay fees, or to liability that cannot be limited by law.
14. Cancellation, export, deletion and termination
The subscription runs month to month until cancelled. The workspace Owner can cancel in the app; the subscription then ends at the end of the period already paid for and is not renewed. Fees already paid are not refunded, except where the law requires.
The Owner can export the workspace’s data from the app before it is deleted. The Owner can also request deletion of the workspace in the app. Access ends when the request is made, and Customer Data is permanently deleted 30 days after the request, so there is time to change course. Audit records are kept as our security and compliance record, as the Privacy Policy describes. Nothing is deleted from the Customer’s Autotask instance.
We may suspend the service for non-payment, for a breach of the Acceptable Use Policy, or to protect the service or other customers. Either party may end the agreement if the other materially breaches it and does not fix the breach within 30 days of notice.
15. Changes to these terms
We may update these terms. We will give at least 30 days’ notice of a material change by email to the workspace Owner and on this page. Continuing to use the service after the change takes effect is acceptance of it.
16. Governing law and venue
These terms are governed by the laws of the State of Illinois, USA, without regard to its conflict-of-laws rules. Each party submits to the exclusive jurisdiction of the state and federal courts located in Cook County, Illinois, except that either party may seek urgent injunctive relief in any court of competent jurisdiction.
17. General
These terms, with the documents they refer to, are the whole agreement about the service. Neither party is liable for delay caused by events beyond its reasonable control. The Customer may not assign the agreement without our consent; we may assign it to a successor to the business. Notices to the Customer go to the workspace Owner’s email address.
18. Contact
[legal entity name], [registered address], Chicago, IL, USA. Email privacy@getprojectsmith.com. Product support: support@getprojectsmith.com.