Legal

Terms of Service

Effective October 27, 2026 · Version 2026-10-27

This is the agreement between MurkyThud LLC and the shop that uses Marked Complete. It is written to be read. Where a sentence has a legal purpose, we say so plainly rather than hiding it in a longer one.

1. Who this agreement is between

Marked Complete is operated by MurkyThud LLC, a limited liability company organized under the laws of [State], United States ("we", "us", "MurkyThud"). The agreement is with the business that opens an account ("you", "the shop"). The person who opens the account confirms that they have authority to bind that business.

These terms cover the web application at app.markedcomplete.com, the pages your customers reach from it (quotes, invoices, booking, payment and photo links), the emails and text messages it sends on your behalf, and any support we give you. Together, "the Service".

The Privacy Policy and the list of subprocessors are part of this agreement.

2. Your account

• You must be a business, or a person acting for one. The Service is not for consumers or for anyone under 18.
• You are responsible for everyone you add to your shop: their actions in the Service are your actions. Give each person their own sign-in and the permissions they need. Do not share passwords.
• Keep your sign-in details safe. Two-factor authentication is available and we recommend it for owners and anyone who can see payroll or the books. Tell us at once if you believe an account has been compromised.
• Keep a working email address on the account. It is how we reach you about billing, security and changes to these terms.

3. The free trial

A new shop gets fourteen days of the Pro plan at no charge and without a card. During the trial the Service is fully functional and the data you enter is real: if you continue, nothing is reset. When the trial ends without a plan chosen, sign-in is paused behind a billing page until one is. Your data is kept during that pause as described in section 14. We may change the length or terms of the trial for new shops at any time, but not for a trial already running.

4. Plans, billing and cancellation

• Plans. The plans and their prices are on the pricing page. A plan is per shop. Enterprise arrangements are priced in writing.
• Billing. Plans bill monthly in advance, in US dollars, through our payment processor, Stripe. By giving a payment method you authorize us to charge it each month until you cancel.
• Taxes. Prices do not include sales or similar taxes. Where we are required to collect them, they are added.
• Changing plans. You may move up or down at any time. Moving up takes effect immediately and is prorated. Moving down takes effect at the end of the current period. Moving down never deletes data; modules outside the new plan are hidden, and everything they hold is kept, until they are switched back on.
• Cancellation. Cancel at any time from Billing in the app. Cancellation takes effect at the end of the paid period and we do not refund partial months. You keep full access until then.
• Failed payments. If a charge fails we retry and email you. After ten days without payment, sign-in is paused behind the billing page until the balance is settled. Nothing is deleted at that point.
• Price changes. We may change prices with at least thirty days' notice by email to the billing contact. A change applies from your next billing period after the notice period. If you do not accept it, cancel before then.

5. Email and text allowances

Each plan includes a monthly number of emails and text messages sent to your customers through the Service. The numbers are shown on the pricing page and under Admin in the app. When an allowance is used up, further messages wait until the next month or until you buy a pack. Packs are one-off purchases, do not expire, and are not refundable. The allowances exist to protect the shared sending reputation that every shop depends on, not to meter your spend, and we may adjust them with notice as in section 4.

6. Your data

• It is yours. Everything you enter or upload, and everything the Service produces from it (quotes, invoices, inspection reports, photos, payroll runs, ledger entries) is your data. You own it. We claim no rights in it beyond what this section allows.
• What you allow us to do with it. You give us permission to store, process, back up, display and transmit your data as needed to run the Service for you, to send the emails and texts you ask it to send, and to provide support when you ask for it. Nothing more. We do not sell your data, use it for advertising, or share it with other shops.
• Separation. Every shop's data is isolated at the database level. No shop can read another's.
• Export. You can export your customers, parts, invoices and other records at any time from Admin in the app, in ordinary spreadsheet formats. If something you need is not in the export, ask and we will provide it.
• Backups. We back up the database every night and test that the backups restore. Backups are kept for a rolling period and are used to recover the Service as a whole, not to restore a single record you deleted. Deleting something in the app is, for practical purposes, final.
• Support access. Our staff can view a shop's account to help with a support request or to investigate a security or billing problem. Each such access is recorded with the reason, and the record is visible to you in your shop's audit log.
• Aggregate figures. We may use figures that cannot identify any shop or person, such as how many quotes were sent across the Service last month, to operate and improve it.

7. Your customers' data

Your customers' names, contact details, vehicles or other units, histories, photos and payment records are your data too, and you are the one responsible for them under privacy law. In the language of those laws you are the controller, or the business, and we are your processor, or service provider. That means:

• We process your customers' data only on your instructions, which are these terms and the way you use the Service.
• We will not sell it, share it for anyone's marketing, or combine it with data from other shops.
• We keep it confidential and protect it with the measures described in the Privacy Policy.
• We use the subprocessors listed at markedcomplete.com/subprocessors to run the Service, and we will post any addition there at least thirty days before it starts handling data.
• If a customer asks you to see, correct or delete their data, the tools in the app let you do it. If you need help, ask us and we will assist within a reasonable time.
• If we learn of a security breach affecting your customers' data, we will tell you without undue delay with what we know, so you can meet your own obligations.
• When this agreement ends, we delete your customers' data on the schedule in section 14.

You are responsible for having the right to put your customers' information into the Service and for any notices or consents your customers are owed, including for texting (section 9). If your business needs a separately signed data processing agreement, ask us.

8. Acceptable use

Use the Service to run your shop. Do not:

• Use it for anything unlawful, or to send anything unlawful, deceptive, threatening or harassing.
• Send marketing messages to people who have not agreed to receive them, or contact anyone who has asked you to stop.
• Upload malware, or anything you do not have the right to upload.
• Probe, scan, overload or interfere with the Service or with other shops' use of it, or try to reach data that is not yours.
• Resell the Service, or offer it to others as your own, without a written agreement with us.
• Copy, decompile or reverse engineer the software, or build a competing product using access to it.
• Use automated tools to create accounts or to scrape the Service.

If a shop's use is harming the Service or other shops, we may limit it first and discuss it second.

9. Texting and telephone law

The Service can text your customers from a number assigned to your shop. Texting is regulated, and the obligations fall on the sender, which is you. In particular:

• Messages about a customer's own job, such as a quote, an approval, a ready-for-pickup notice or an invoice, may be sent to a customer who gave you their mobile number for that purpose and has not asked you to stop.
• Reminders and offers require the customer's prior express consent, recorded in the app. Do not mark consent you did not receive.
• Every message carries your shop's name. The Service honors STOP, START and HELP automatically and you must not try to work around that.
• You are responsible for complying with the Telephone Consumer Protection Act, the CAN-SPAM Act, state law, and the carriers' messaging rules, including any registration your number requires. We may pause texting for a shop whose messages draw complaints or carrier action.

10. Online payments

When you switch on online payments, your customers pay through an account in your shop's name at Stripe, connected to the Service. Stripe's terms apply to that account and you agree to them directly with Stripe. Card details are entered on and stored by Stripe; they never pass through our servers. We are not a party to the transaction between you and your customer, we do not hold funds, and disputes, refunds and chargebacks are between you, your customer and Stripe. The Service records the result so your books agree. A platform fee, shown in the app before you connect, may apply to each transaction.

11. Payroll, accounting and other modules

Some modules do serious work and it matters to be clear about what they are:

• Payroll calculates pay from the time and the pay plans you set up, and prepares exports for your payroll provider. It does not file taxes, make tax deposits, or move money. The figures it produces are only as right as the rates, plans and hours entered, and you are responsible for reviewing them before paying anyone.
• Accounting keeps a ledger and produces reports from your activity in the Service. It is bookkeeping software, not an accountant. It does not give tax or financial advice and does not replace a professional's review.
• Inspections, checklists and trade presets are starting points you adapt. They are not a statement of what the law or a manufacturer requires in your trade.
• Vehicle decoding, vendor price files and similar reference data come from third parties and may be incomplete or out of date.

In every case the professional judgment is yours.

12. Third-party services

You may connect the Service to accounts you hold elsewhere, such as Stripe, QuickBooks, or Google or Microsoft sign-in. Those services have their own terms, and we are not responsible for them. You can disconnect them at any time. If a provider changes or withdraws something we depend on, we will do our reasonable best to adapt but cannot promise an integration forever.

13. Keeping the service running

• We aim to keep the Service available around the clock and to fix problems promptly. We do not promise a particular uptime percentage at these prices, and we are not liable for outages caused by things outside our control, such as hosting, network or third-party failures.
• We may take the Service down briefly for maintenance. We try to do it outside shop hours and to warn you of anything longer than a few minutes.
• We may change, add or retire features. If we retire something a plan materially depends on, we will give notice and, where it is reasonable, a way to export what it held.
• Support is by email at support@markedcomplete.com and from Help in the app. We answer during US business hours and sooner when something is down.

14. Suspension and termination

• By you. Cancel from Billing at any time (section 4).
• By us, for cause. We may suspend or end an account that breaks section 8 or 9, that is used to harm the Service or others, that we are legally required to close, or whose payment is more than thirty days overdue. Where we reasonably can, we warn first.
• By us, otherwise. We may end this agreement for convenience with at least ninety days' notice, for example if we stop offering the Service. We would refund any prepaid period beyond the end date.
• Your data afterward. After an account is canceled, paused for non-payment, or its trial has lapsed, we keep its data for ninety days so you can export it or come back. After that we delete it from the live Service, and it rolls out of backups on their normal schedule. You may ask us to delete sooner. Records we must keep by law, such as our own billing records, are kept for as long as the law requires.
• Sections 6, 7, 15 through 19 and 21 survive the end of the agreement.

15. Our software

The Service, its software, design, text and trademarks belong to MurkyThud LLC. You get a right to use the Service for your shop while this agreement lasts, and nothing else. Suggestions you send us may be used freely and without obligation, which is simply so that we can build the things our customers ask for.

16. Disclaimers

The Service is provided as it is and as it is available. To the fullest extent the law allows, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted or error-free, or that any figure it produces is correct without your review. Some states do not allow certain disclaimers, so parts of this section may not apply to you.

17. Limits on liability

To the fullest extent the law allows, neither MurkyThud LLC nor the people who work on the Service are liable to you for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or goodwill, arising from the Service or this agreement, however caused, even if we were told it was possible. Our total liability for everything arising from the Service or this agreement in any twelve-month period is limited to the fees you paid us for the Service in that period. These limits do not apply to anything that cannot be limited by law, and nothing here limits either party's liability for its own fraud or willful misconduct.

18. Indemnity

You will defend and compensate MurkyThud LLC against claims brought by others that arise from your data, your use of the Service in breach of this agreement, your texting or emailing of your customers, or your dealings with your own customers and employees. We will tell you promptly of any such claim and cooperate reasonably with your defense of it.

19. Governing law and disputes

This agreement is governed by the laws of the State of [State], without regard to its conflict of law rules. If we have a dispute, we each agree to try to resolve it by talking first: write to us, we will write back within ten business days, and we will give it thirty days of good-faith effort. If that fails, the dispute goes to the state or federal courts located in [County, State], and both of us agree to their jurisdiction. Either of us may instead bring an eligible claim in small claims court. Each of us waives any right to a jury trial, and claims may be brought only individually, not as part of a class or representative action, to the extent the law allows.

20. Changes to these terms

We may change these terms. For a material change we will email the account's billing contact at least thirty days before it takes effect and show a notice in the app. Continuing to use the Service after that date is acceptance. If you do not accept, cancel before the date and the old terms apply until then. The version date at the top tells you which terms you are reading, and earlier versions are available on request.

21. General

• This agreement, with the Privacy Policy and subprocessor list, is the entire agreement between us about the Service and replaces any earlier understanding. An enterprise agreement signed by both of us takes precedence over it where they differ.
• If a part of this agreement is found unenforceable, the rest stands.
• Not enforcing a term once does not waive it later.
• You may not transfer this agreement without our written consent, except to a successor of your whole business who agrees to it. We may transfer it to a successor of ours who agrees to it.
• Neither of us is liable for failing to perform because of events beyond reasonable control.
• Notices to you go to the email address on the account. Notices to us go to the address in section 22.
• Nothing here creates a partnership, joint venture or agency between us.

22. Contact

MurkyThud LLC
[Mailing address]
support@markedcomplete.com

See also the Privacy Policy and the list of subprocessors.