These Master Terms of Service (the "Terms") govern your access to and use of the blunk.works website and all websites, web applications, installable and downloadable software, and related products and services operated by BlunkWorks, LLC ("BlunkWorks," "we," "us," or "our") — including, without limitation, ScopeBuilder Pro, StockPilot, and OrbitDisk Pro (each, a "Product," and collectively, the "Services").
By accessing or using any of the Services — including by creating an account, downloading or installing software, starting a free trial, or completing a purchase — you agree to these Terms. If you do not agree, do not use the Services.
BlunkWorks, LLC ("BlunkWorks") is an Oklahoma limited liability company located in Wagoner County, Oklahoma, United States, and builds and operates a family of software products for small businesses and professionals. BlunkWorks is the operator of the Services. References to "you" or "your" mean the individual or entity using the Services; if you use the Services on behalf of an organization, you represent that you are authorized to bind that organization to these Terms.
You must be at least 18 years old and able to form a binding contract to use the Services. The Services are intended for business and professional use and are not directed to children. By using the Services you represent that you meet these requirements and that the information you provide is accurate.
Some Products require an account. You are responsible for keeping your credentials confidential and for all activity under your account, including the activity of any users, team members, or devices you authorize. Notify us promptly at the contact address below if you suspect unauthorized use. For Products with team access, the account administrator is responsible for managing users and for destructive or account-level actions.
The Services include two broad Product types, each with its own commercial and licensing model:
The specific features, editions, pricing, trial length, and device or user limits of each Product are described on that Product's website and in its product-specific terms, which are incorporated into these Terms by reference.
All software provided as part of the Services is licensed, not sold. Your rights to install and use BlunkWorks software are set out in the BlunkWorks Master Software License Agreement (EULA) and any product-specific license terms. Except for the limited license expressly granted to you there, BlunkWorks and its licensors retain all right, title, and interest in and to the software and the Services.
Some Products offer a free trial. Trial length and whether a card is required are stated on each Product's site (for example, subscription Products offer a 7-day trial with no card required; OrbitDisk Pro offers a 14-day trial with no card required). Unless stated otherwise, when a trial ends the Product does not delete your data or lock you out of your existing content — it continues in a limited, trial, or unlicensed mode (for example, read-only access or watermarked exports for subscription Products, or continued trial-mode operation for licensed Products) until you subscribe or purchase a license. We may modify or discontinue trials at any time.
Because every Product offers a free trial before you pay, refund policy is set at the Product level:
Your content is yours. As between you and BlunkWorks, you own the data, documents, images, inventory records, scopes, templates, branding, and other content you create, upload, or process using the Services ("Your Content"). You grant us only the limited license necessary to host, store, process, sync, display, back up, and export Your Content in order to provide the Services to you. You are responsible for having the rights to Your Content and for maintaining your own copies and backups. You can export Your Content using the tools provided in each Product.
Where we process personal data on your behalf, our Data Processing Addendum applies, and the third parties that help us operate the Services are listed on our Subprocessors page. Each Product's Privacy Policy explains what that Product collects.
You agree not to, and not to permit anyone to:
We may investigate and suspend or terminate access for conduct that violates this section or puts the Services or other users at risk.
The Services, including all software, designs, text, graphics, logos, and the "BlunkWorks," "ScopeBuilder," "StockPilot," and "OrbitDisk" names and marks, are owned by BlunkWorks or its licensors and are protected by intellectual-property laws. These Terms grant you no right to use our names, logos, or trademarks except as necessary to use the Services as permitted. We welcome feedback; if you send us suggestions, you grant us a perpetual, royalty-free right to use them without obligation to you.
The Services rely on third parties such as Stripe (payments), email delivery providers, and hosting infrastructure. Your use of those services may be subject to their own terms, and we are not responsible for third-party services or for outages, acts, or omissions outside our reasonable control.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES AND ALL SOFTWARE ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, AND NON-INFRINGEMENT, AND ANY WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT DATA WILL NOT BE LOST OR CORRUPTED. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING BACKUPS OF YOUR DATA. Some jurisdictions do not allow certain warranty exclusions, so some of the above may not apply to you.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BLUNKWORKS AND ITS OWNERS, EMPLOYEES, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, OR DATA, OR THE COST OF SUBSTITUTE PRODUCTS, ARISING OUT OF OR RELATING TO THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO A PRODUCT WILL NOT EXCEED THE GREATER OF (a) THE AMOUNT YOU PAID US FOR THAT PRODUCT IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (b) USD $50. These limitations form an essential basis of the bargain and apply even if a limited remedy fails of its essential purpose. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.
You agree to indemnify and hold harmless BlunkWorks from any claims, damages, liabilities, and reasonable expenses (including legal fees) arising out of your misuse of the Services, your violation of these Terms or applicable law, or your infringement of any third party's rights.
You may stop using the Services at any time, cancel a subscription from the billing portal, or close an account by contacting us. We may suspend, terminate, or revoke your access, account, or a software license — including via a license revocation list — if you materially breach these Terms or a product-specific agreement, if we are required to by law, or in cases of fraud, unlawful use, or payment reversal or chargeback. On termination, your right to use the affected Services ends immediately. For subscription Products we will delete Your Content after a reasonable wind-down period, subject to routine backups; the disclaimers and limitations of liability survive termination.
We may modify, add, or discontinue features over time, and we may update these Terms. For material changes we will update the "Effective" date above and, where appropriate, provide additional notice (such as by email or in-app notice). Your continued use of the Services after changes take effect constitutes acceptance. We will not materially reduce the core paid functionality you are actively paying for without notice. We make no guarantee that any Product will remain compatible with future operating systems, hardware, or third-party services; see the EULA for details.
These Terms are governed by the laws of the State of Oklahoma, USA, without regard to its conflict-of-laws rules. Subject to the dispute-resolution section below, the state courts located in Wagoner County, Oklahoma and the federal courts serving that area (the U.S. District Court for the Northern District of Oklahoma) have exclusive jurisdiction, and you consent to venue there.
Most concerns can be resolved quickly by contacting us first, and you agree to try that before filing a formal claim. Any dispute that cannot be resolved informally within 30 days will be resolved as follows, except where prohibited by applicable law:
If any part of this section is found unenforceable, the remainder stays in effect, except that if the class-action waiver is unenforceable as to a particular claim, that claim proceeds in court.
Questions about these Terms? Email cs@blunk.works.