These Terms of Service and End User License Agreement (the "Agreement") govern your access to and use of Sōken (the "Service"), provided by Carlson Projects, Inc. ("Carlson Projects," "we," "us," or "our"). By accessing or using the Service, or by connecting a third-party account such as Intuit QuickBooks Online, you agree to be bound by this Agreement. If you do not agree, do not use the Service.
Subject to your compliance with this Agreement, Carlson Projects grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable right to access and use the Service for your internal business purposes. We reserve all rights not expressly granted.
Sōken is a software platform for managing premium residential remodeling operations — including leads, proposals, estimates, schedules, change orders, projects, and the reconciliation of financial actuals against projections. The Service may integrate with third-party tools, including Intuit QuickBooks Online, at your direction.
If you connect a third-party service to Sōken, you authorize us to access and process data from that service on your behalf, subject to the permissions you grant. Your use of any third-party service is governed by that provider's own terms and policies, and you are responsible for complying with them.
We are not responsible for the availability, accuracy, or practices of third-party services, and we are not liable for any loss arising from your use of them.
You agree not to:
As between you and Carlson Projects, you retain all rights to the business data you submit to the Service ("Customer Data"), including data retrieved from connected services at your direction. You grant us a limited license to host, process, and use Customer Data solely to provide and improve the Service for you, as described in our Privacy Policy. We will handle personal information in accordance with that Privacy Policy.
The Service, including its software, design, and content (excluding Customer Data), is owned by Carlson Projects and protected by intellectual-property laws. This Agreement does not transfer any ownership of the Service to you.
The Service includes features that use artificial intelligence to interpret inputs and draft content. AI-generated output is labeled as such and is provided for your review; it may contain errors and should be verified before you rely on it. Financial calculations are produced by deterministic code rather than AI. You are responsible for reviewing and approving AI-assisted output before it is sent or acted upon.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY PROJECTION, ESTIMATE, OR OUTPUT WILL BE ACCURATE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CARLSON PROJECTS AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL NOT EXCEED THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE TWELVE MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED U.S. DOLLARS (US$100) IF YOU HAVE PAID NOTHING.
You agree to indemnify and hold harmless Carlson Projects and its affiliates from any claims, damages, liabilities, and expenses (including reasonable legal fees) arising out of your use of the Service, your Customer Data, or your violation of this Agreement or any law or third-party right.
This Agreement remains in effect while you use the Service. You may stop using the Service and disconnect any third-party connections at any time. We may suspend or terminate your access if you breach this Agreement or if necessary to protect the Service or other users. Upon termination, your right to use the Service ends; sections that by their nature should survive (including ownership, disclaimers, limitation of liability, and indemnification) will survive.
This Agreement is governed by the laws of the State of Nebraska, United States, without regard to its conflict-of-laws rules. The state and federal courts located in Nebraska will have exclusive jurisdiction over any dispute arising out of or relating to this Agreement, and you consent to their jurisdiction and venue.
We may modify this Agreement from time to time. When we make material changes, we will update the "Last updated" date above and, where appropriate, provide additional notice. Your continued use of the Service after changes take effect constitutes acceptance of the revised Agreement.
Carlson Projects, Inc.
Lincoln, Nebraska, United States
scott@carlsonprojectsinc.com