Terms of Service

These Terms of Service ("Terms") govern your use of the Mission Control platform and related services ("Services") provided by 1404 ("we," "us," or "our"), operated by Holden Bryce. By accessing or using the Services, you agree to be bound by these Terms.

1404 provides fractional CTO leadership, custom software systems, and AI operations for construction and manufacturing companies. Mission Control is a cloud-hosted operations platform built and maintained specifically for your business.

1404 provides a managed technology platform that may include project management, labor forecasting, financial reporting, scheduling, AI-powered operations monitoring, and integrations with third-party services such as QuickBooks Online and Microsoft 365.

The specific scope of Services is defined in the service agreement ("Statement of Work" or "SOW") executed between 1404 and your company. These Terms apply in addition to any SOW. In the event of a conflict, the SOW takes precedence.

Access to Mission Control is provided to authorized users designated by your company. You are responsible for maintaining the security of all account credentials and for any activity that occurs under your accounts.

You agree to notify us immediately if you become aware of any unauthorized use of your account or any other breach of security. We reserve the right to suspend access to any account if we reasonably believe it has been compromised.

You agree not to:

• Use the Services for any unlawful purpose or in violation of any applicable laws or regulations
• Attempt to gain unauthorized access to any part of the Services, other accounts, or connected systems
• Interfere with or disrupt the integrity or performance of the Services
• Reverse engineer, decompile, or disassemble any part of the platform
• Use the Services to store or transmit malicious code
• Resell, sublicense, or provide access to the Services to any third party without our written consent

Your data is yours. You retain all ownership rights to the data you provide to or generate through the Services, including but not limited to accounting records, project data, employee information, and operational metrics.

We do not sell, share, or use your data for any purpose other than providing and improving the Services for your company. Each client's data is logically and technically isolated from other clients.

You grant us a limited, non-exclusive license to access, process, and store your data solely to provide the Services. This license terminates when the service agreement ends.

Upon termination, we will provide a complete export of your data in a standard format within 30 days of your request.

The Mission Control platform, including its architecture, codebase, AI models, and operational frameworks, is the intellectual property of 1404. Your service agreement grants you a non-exclusive, non-transferable license to use the platform during the term of engagement.

Custom configurations, workflows, and reports built specifically for your operations during the engagement are jointly owned unless otherwise specified in the SOW.

The Services may integrate with third-party platforms including but not limited to:

• Amazon Web Services (AWS) for infrastructure and hosting
• Intuit QuickBooks Online for accounting data
• Microsoft 365 for email and calendar
• Anthropic Claude for AI-powered analysis and reporting

Your use of these integrations is also subject to the respective third-party terms of service. We are not responsible for the availability or performance of third-party services.

We strive to maintain high availability for the Services but do not guarantee uninterrupted access. We may perform scheduled maintenance with reasonable advance notice. We are not liable for any downtime or service interruptions caused by factors outside our reasonable control, including third-party service outages, network failures, or force majeure events.

Payment terms, including monthly retainer amounts, payment schedules, and any setup fees, are defined in your SOW. Unless otherwise agreed, invoices are due within 15 days of receipt.

If payment is more than 30 days overdue, we reserve the right to suspend access to the Services after providing written notice and a 10-day cure period. Suspension does not relieve you of your obligation to pay outstanding amounts.

To the maximum extent permitted by law, 1404's total aggregate liability for any claims arising out of or related to the Services shall not exceed the total fees paid by you to 1404 in the twelve (12) months preceding the claim.

In no event shall 1404 be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, business opportunities, or goodwill, regardless of whether we were advised of the possibility of such damages.

The Services, including AI-generated outputs, are provided "as-is." While we strive for accuracy, AI-generated analysis and reports should be reviewed by qualified personnel before being used as the basis for business decisions.

Either party may terminate the service agreement with 30 days' written notice unless otherwise specified in the SOW.

We may terminate or suspend the Services immediately if you materially breach these Terms, fail to cure a payment default within the specified cure period, or use the Services in a way that poses a security risk.

Upon termination, your access to the Services will cease. We will retain your data for 30 days to facilitate export, after which it will be permanently deleted unless otherwise required by law.

You agree to indemnify and hold harmless 1404 from any claims, damages, or expenses arising from your use of the Services in violation of these Terms, your breach of any applicable law, or your violation of any third party's rights.

We may update these Terms from time to time. We will notify you of material changes via email or through the platform at least 30 days before they take effect. Continued use of the Services after changes take effect constitutes acceptance of the updated Terms.

These Terms are governed by and construed in accordance with the laws of the State of Michigan, without regard to conflict of law principles. Any disputes arising under these Terms shall be resolved in the state or federal courts located in Wayne County, Michigan.