These Terms of Service (“Terms”) are an agreement between you and Quagmire Solutions LLC (“Quagmire,” “FOIAworks,” “we,” “us,” or “our”) governing the FOIAworks website, applications, and related services (the “Service”). By accessing or using the Service, or by creating an account, you agree to these Terms. If you use the Service for an organization, you represent that you may bind it.
1. Eligibility and accounts
You must be legally capable of entering this agreement. Provide accurate account information, protect your credentials, and promptly notify us of suspected unauthorized access. You are responsible for activity under your account and for ensuring that your use complies with applicable law.
2. What the Service does
FOIAworks provides software for preparing, transmitting, tracking, receiving, storing, and organizing public-records requests and related materials. Features may change as the Service develops. Availability of a feature does not guarantee that a public body will accept a transmission or disclose a record.
3. Free use and paid plans
At launch, each account may create its first request without charge. The free request is a one-time allowance, not a monthly allowance, and may not be multiplied through duplicate accounts. Additional requests may be purchased individually or through an available subscription or enterprise plan. Current prices, included usage, storage allocations, and additional terms will be presented before purchase. We will not charge you without your authorization.
4. Your content and instructions
You retain ownership of requests, correspondence, files, and other content you submit (“User Content”). You grant us a limited license to host, copy, process, transmit, back up, and display User Content as needed to provide, secure, maintain, and improve the Service. You instruct us to transmit materials to the recipients you select. You represent that you have the rights and authority needed to provide the content and instructions.
5. Storage and retention
The Service is designed for long-term organization of request materials. Storage is not an archival guarantee. Availability and retention may depend on your account status, plan, technical limits, legal requirements, and future published policies. Keep independent copies of material you cannot afford to lose. We may remove unlawful or harmful content and may delete content after account termination subject to applicable terms and law.
6. Acceptable use
You may not use the Service to violate law; impersonate another person; send threats, harassment, malware, or deceptive material; interfere with systems; bypass usage limits; scrape or reverse engineer except where law forbids restriction; probe security; or submit content you lack authority to use. Public-records laws do not necessarily authorize every downstream use of disclosed information.
7. Legal-information limitation
The Service may offer templates, deadline calculations, educational content, and drafting suggestions. They are general information and software output—not legal advice, legal representation, or a substitute for fact-specific advice. No attorney-client relationship is created. You remain responsible for reviewing requests, recipients, dates, responses, fees, appeals, and filings.
8. Third-party services and public bodies
The Service may interact with email providers, hosting providers, payment processors, and government systems. We do not control public bodies or third-party services and are not responsible for their decisions, outages, security, content, or legal compliance. Links do not imply endorsement.
9. Intellectual property
Except for User Content and third-party material, the Service, branding, software, interface, and original content belong to Quagmire or its licensors. Subject to these Terms, we grant you a limited, revocable, nonexclusive, nontransferable right to use the Service for its intended purpose.
10. Suspension and termination
You may stop using the Service at any time. We may suspend or terminate access for material breach, security risk, unlawful activity, nonpayment under a future paid plan, or conduct that threatens the Service or others. Provisions that by their nature should survive—including ownership, disclaimers, liability limits, and dispute provisions—will survive.
11. Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT UNINTERRUPTED OR ERROR-FREE OPERATION, PRESERVATION OF EVERY FILE, ACCURATE AUTOMATED DATES, OR ANY GOVERNMENT RESPONSE OR OUTCOME.
12. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, QUAGMIRE AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST DATA, PROFITS, OPPORTUNITIES, OR CLAIMS, ARISING FROM THE SERVICE. OUR AGGREGATE LIABILITY FOR A CLAIM WILL NOT EXCEED THE GREATER OF $100 OR THE AMOUNT YOU PAID US FOR THE SERVICE DURING THE SIX MONTHS BEFORE THE EVENT. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITS, SO THEY APPLY ONLY TO THE EXTENT PERMITTED.
13. Indemnity
To the extent permitted by law, you will defend and indemnify Quagmire from third-party claims arising from your unlawful use, User Content, violation of these Terms, or infringement of another’s rights.
14. Governing law and disputes
Michigan law governs these Terms without regard to conflict-of-law rules. Subject to any law requiring otherwise, disputes must be brought in a state or federal court with jurisdiction in Michigan, and you consent to that forum. Before filing, the parties should attempt in good faith to resolve the issue through written notice.
15. Changes
We may update these Terms. Material changes will be presented through the Service or other reasonable notice. Continued use after the effective date constitutes acceptance; if you disagree, stop using the Service.
16. General terms
These Terms, incorporated policies presented in the app, and any paid-plan terms are the agreement concerning the Service. If one provision is unenforceable, the rest remains effective. A failure to enforce is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with the business or Service.
17. Contact
Questions about these Terms may be submitted through the FOIAworks contact form.