MS Sync

Operated by M&S Custom Design LLC

Terms of Service

Effective date: June 6, 2026

These Terms of Service ("Terms") govern your use of MS Sync, a private operational platform operated by M&S Custom Design LLC at https://sync.mscustomdesign.com (the "Service"). By signing in to the Service you agree to these Terms.

1. Eligibility & access

The Service is private. You may use the Service only if M&S Custom Design LLChas authorized your account. Subcontractors, field supervisors, and office staff with a pre-existing business relationship with the company are eligible. You must be at least 18 years old.

Office staff receive an email-password account with administrative privileges. Subcontractors and supervisors receive a phone-and-PIN account. You agree not to share your credentials, not to attempt to access another person's account, and not to use the Service for any purpose other than the legitimate operation of work performed for M&S Custom Design LLC.

2. The Service

The Service supports:

  • Extension of construction Project Offers to subcontractors, which the subcontractor may accept or decline.
  • Submission of before-and-after photographs and amounts owed.
  • Office approval and weekly invoicing.
  • Operational notifications by SMS and (in the future) WhatsApp.
  • Receipt of incoming job requests texted in by field supervisors.

The Service is provided to support M&S Custom Design LLC's internal operations. We may modify features, suspend availability for maintenance, or end the Service in whole or in part with reasonable notice. Catastrophic outages are not always foreseeable; we will make commercially reasonable efforts to restore service quickly and will keep you informed.

3. Your responsibilities as a contractor or supervisor

  • Provide accurate work-product information (property, scope, amounts).
  • Only upload photographs of work you have completed for M&S Custom Design LLC. Do not upload photographs that contain identifiable third parties (clients, residents) without their permission.
  • Coordinate the agreed site-access windows and confirm Project Offers you accept in the application.
  • Keep your phone number and PIN secure.
  • Comply with all applicable laws, including OSHA, when performing work in the field.

4. SMS Communications

4.1 Consent

SMS consent is separate and optional. Accepting these Terms does not, by itself, enroll you in SMS messaging. You may consent to receive operational SMS messages from MS Sync only by checking the optional SMS consent checkbox on the acceptance screen (and on the Compliance page thereafter, separate from acknowledging the Independent Contractor Agreement). Subcontractors who decline this optional opt-in still have full access to the platform; only proactive SMS notifications are suppressed for them. If you opt in, the messages are not marketing and are limited to:

  • Project offers and changes.
  • Approval or correction-request notifications for completed work.
  • Compliance reminders (e.g., expiring insurance certificate).
  • Confirmation of an inbound job report from a field supervisor.

4.2 Frequency & rates

Message frequency varies with your activity but typically stays under ten messages per week per person. Standard message and data rates may apply, depending on your wireless plan.

4.3 How to opt out

Reply STOP to any text message we send you. The carrier will confirm the opt-out automatically and we will stop further SMS to that number. To resume notifications later, reply START or contact contact@mscustomdesign.com.

4.4 How to get help

Reply HELP to any message to receive contact information. Or email us directly at contact@mscustomdesign.com.

4.5 No marketing

We do not use SMS for marketing or promotional offers. We do not share your phone number with third parties for their marketing.

4.6 If you opt out

Opting out of SMS does not end your access to the application. You will still be able to sign in and see Project Offers and approvals. You will, however, no longer receive proactive notifications and may miss time-sensitive Project Offers. We recommend keeping SMS notifications on while you are actively contracted to M&S Custom Design LLC.

5. Payment for completed work

Amounts owed for approved work are aggregated into a weekly invoice within the application. Payment timing, method, and schedule are governed by your separate written contractor agreement with M&S Custom Design LLC. The application is a record-keeping tool; it does not itself effectuate payment.

6. Photographs & intellectual property

You retain ownership of photographs you upload. By uploading, you grant M&S Custom Design LLC an unlimited, royalty-free license to use them internally for project tracking, dispute resolution, quality review, and warranty support. M&S Custom Design LLC does not publish your photographs to public marketing channels without your separate written consent.

All software, design, and copy of the Service are owned by M&S Custom Design LLC (or its licensors). Nothing in these Terms transfers any intellectual-property rights to you.

7. Acceptable use

You agree not to:

  • Use the Service to send unlawful, harassing, or fraudulent content.
  • Attempt to defeat security controls or rate limits.
  • Reverse-engineer or scrape the Service.
  • Use automated tools to interact with the Service except as we expressly authorize.
  • Impersonate another contractor, supervisor, or office user.

8. Suspension & termination

We may suspend or terminate your access if you breach these Terms, engage in conduct that risks the Service or other users, or end your contractor relationship with M&S Custom Design LLC. You may stop using the Service at any time. Sections 4 (opt-out continues to honor), 9–13 survive termination.

9. Disclaimers

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, M&S Custom Design LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

10. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, M&S Custom Design LLC WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICE.

OUR AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF: (i) THE AMOUNTS YOU WERE PAID UNDER YOUR CONTRACTOR AGREEMENT IN THE THREE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (ii) ONE HUNDRED U.S. DOLLARS ($100).

11. Indemnification

You agree to indemnify and hold M&S Custom Design LLC harmless from claims arising out of your breach of these Terms, your misuse of the Service, or your violation of any law or third-party right.

12. Governing law & venue

These Terms are governed by the laws of the State of Florida, without regard to conflict-of-laws rules. The exclusive venue for any dispute arising out of or relating to these Terms is the state and federal courts located in Broward County, Florida. You and M&S Custom Design LLC consent to personal jurisdiction in those courts.

13. Changes

We may update these Terms from time to time. Material changes will be announced in-app at sign-in. The "Effective date" above will be updated when changes take effect. Continued use of the Service after a change means you accept the updated Terms.

14. Contact

M&S Custom Design LLC
Email: contact@mscustomdesign.com
Web: https://sync.mscustomdesign.com