1. Agreement
These Terms of Service (“Terms”) are a contract between you and SalesThumb, Inc. (“SalesThumb,” “we,” “us”). By creating an account or using the SalesThumb service (the “Service”), you agree to these Terms and to our Privacy Policy.
2. Who can use SalesThumb
You must be at least 18 years old and authorized to bind the business you’re signing up for. The Service is intended for use by service businesses and their staff — not by consumers acting in a personal capacity.
3. Your account
- You’re responsible for activity under your account.
- You’ll keep credentials confidential and notify us promptly of any unauthorized access.
- You’ll provide accurate, current, complete information and keep it up to date.
4. Subscription & fees
- Plans, features, and prices are described at salesthumb.com/pricing and may be updated from time to time.
- Fees are billed in advance, monthly or annually, and are non-refundable except where required by law.
- We may change prices on a renewal basis with 30 days’ notice. Existing-term pricing is honored to the end of the term.
- Some integrations and metered usage (e.g. SMS volume) may incur pass-through fees disclosed at the point of use.
5. Free trial
New shops may receive a free trial of a paid plan. We will not charge you during the trial. Unless you cancel before the trial ends, your subscription will start automatically at the then-current price.
6. Acceptable use
You agree not to:
- Use the Service to violate any law or third-party right.
- Send spam, unsolicited bulk SMS, or messages that violate the TCPA, CAN-SPAM, CASL, or analogous laws.
- Reverse engineer, decompile, or attempt to extract the source code of the Service except as permitted by law.
- Attempt to access another tenant’s data or any account you’re not authorized to use.
- Upload malware, run automated scrapers, or interfere with the Service’s integrity or performance.
- Use the Service for the trade in firearms, controlled substances, adult content, or any business prohibited by our payment processor.
7. Customer data & ownership
You own the data you put into the Service (“Customer Data”). You grant us a worldwide, non-exclusive license to host, copy, transmit, and display Customer Data only to the extent necessary to provide the Service.
We claim no ownership of Customer Data. On termination, we’ll make Customer Data available for export for 60 days, then delete it as described in our Privacy Policy.
8. Intellectual property
The Service, including its software, design, and trademarks, is owned by SalesThumb. Nothing in these Terms transfers any IP to you except a limited, revocable license to use the Service per these Terms.
9. Third-party services
The Service integrates with third-party services (Stripe, Twilio, QuickBooks, etc.). Your use of those services is governed by their own terms. We’re not responsible for their acts or omissions.
10. Service levels
We aim for 99.9% monthly uptime measured at the application tier. Planned maintenance is announced at least 24 hours in advance and excluded from uptime calculations. Specific customer-facing SLAs may be available on Enterprise plans by written agreement.
11. Suspension & termination
- You may cancel any time from billing settings. Cancellation takes effect at the end of the current term.
- We may suspend or terminate your account for material breach, non-payment after notice, or risk to the platform.
- We may delete inactive trial accounts after 90 days of continuous inactivity.
12. Disclaimer of warranties
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, SALESTHUMB DISCLAIMS 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, ERROR-FREE, OR COMPLETELY SECURE.
13. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, SALESTHUMB’S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS WILL NOT EXCEED THE FEES YOU PAID US IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. WE WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS, REVENUE, OR DATA, EVEN IF ADVISED OF THE POSSIBILITY.
14. Indemnification
You’ll defend and indemnify SalesThumb against any third- party claim arising out of (a) your Customer Data, (b) your violation of these Terms, or (c) your violation of any law.
15. Governing law & dispute resolution
These Terms are governed by the laws of the State of Delaware without regard to conflict-of-law rules. Any dispute will be resolved by binding arbitration in Wilmington, Delaware, administered by the American Arbitration Association under its Commercial Arbitration Rules. Either party may seek injunctive relief in court for IP or confidentiality matters.
Class actions, class arbitrations, and representative actions are waived to the maximum extent permitted by law.
16. Changes to these Terms
We may update these Terms from time to time. Material changes will be communicated by email and posted here at least 30 days before they take effect. Continued use after the effective date constitutes acceptance.
17. Miscellaneous
- These Terms (with the Privacy Policy) are the entire agreement between you and SalesThumb on this subject.
- If any provision is found unenforceable, the rest remain in effect.
- Our failure to enforce any right is not a waiver of that right.
- You may not assign these Terms without our written consent. We may assign in connection with a merger, acquisition, or sale of assets.
18. Contact
Legal notices: info@roffik.com.