Terms

Who and what

These terms are between you and Counterly ("we"). They cover counterlyapp.com, the counter you open there, the page your shop gets on it, any paid plan, and the free website score tool. If you and we sign a separate written agreement for work we do for you, that agreement wins where the two differ.

Your counter

Opening a counter is free and needs no card. You are responsible for what you put on it: prices, hours, descriptions and, above all, allergens. We show what you save; we do not check it against what is in your kitchen.

Your counter is opened by a link. Anyone holding it can change your menu, so keep it to the people behind your counter. If it gets out, ask for a new one from the counter or from us, and the old one stops working.

Your shop's page

Every counter comes with a public page at counterlyapp.com/m/ that shows your menu, hours, address and what you have written about your shop. It is public because that is what it is for. Its address does not change once it is made, so it is safe to print.

Your customers

When a customer orders from you, asks you about an item, or gives you their number for your punch card, you are the business they are dealing with. We keep what they give you for you, to run your counter, and for nothing else: we do not sell it, advertise with it, or contact your customers on our own account. You are responsible for using it lawfully and for telling your customers how you use it; your website carries a privacy notice for that.

Payments your customers make go to your own Stripe or Square account, never to us. Refunds to your customers are yours to give, from that account.

Paid plans

• The price is the one on our price list and on the Stripe page where you enter your card. There are no other charges. A one-time setup fee, where there is one, is agreed with you before any work starts.
• A plan renews automatically every month, and you are charged at the start of each month, until you cancel.
• If a plan starts with free days, you are not charged until they end, and if you cancel before then you are never charged.
• You can cancel any time, yourself, from Settings on your counter, under Your plan. You are not charged again, and the plan runs to the end of the month already paid for. See therefund policy for money back.
• If a price changes, we email you at least 30 days before your next charge at the new one, and you can cancel before it applies.

Your data

What you put on your counter is yours. You can download all of it at any time from Settings on your counter, and delete the counter and everything on it from the same page. Ourprivacy notice says what we keep and for how long.

Fair use

Do not use Counterly to sell anything unlawful, to publish anything you do not have the right to, to mislead customers about prices or allergens, or to try to get into anybody else's counter. We may take down content or close a counter that does, and we will tell you why unless the law stops us.

The free website score

The score is an automated check of a handful of basics a customer runs into when they look a business up. It loads one page once. It is not a full audit, it can be wrong, and a pass does not mean a site is good or a miss that it is bad. Use it on sites you run or are thinking about working with us on; it is rate-limited, and we may block use that looks like loading somebody else's site over and over.

The example shop

Rye & Co. is a fictional bakery we built to show the system. It is not a client, and nothing on this site should be read as a claim about a real customer until we name one.

When things go wrong

We work to keep Counterly up and your data safe, but we do not promise it will never be down or wrong. To the extent the law allows, we are not liable for indirect losses such as lost sales, and our total liability to you is limited to what you paid us in the twelve months before the claim. Nothing here limits rights you have under law that cannot be limited.

Ending

You can stop using Counterly whenever you like. If we ever stop offering it, we will give you at least 30 days' notice and time to download your data.

Law and contact

These terms are governed by the laws of California. Questions go to [email protected]. If we change them, we email anybody on a paid plan and the date at the top moves.