Terms of Service | Widgetfied

1. Acceptance of Terms

By accessing and using Widgetfied ("Service", "Platform", "we", "us", or "our"), you ("User", "you", or "your") agree to be bound by these Terms of Service ("Terms") and all applicable laws and regulations. If you do not agree to these Terms, you must not use our Service. These Terms apply to all visitors, users, and others who access or use the Service.

2. Description of Service

Widgetfied provides embeddable widgets, APIs, and related services for job management, booking systems, payment processing, and AI-powered estimates. We reserve the right to modify, suspend, or discontinue any part of the Service at any time with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

3. User Accounts

You are responsible for maintaining the confidentiality of your account credentials, including API keys, passwords, and account information. You agree to: (a) immediately notify us of any unauthorized use of your account; (b) ensure that you exit from your account at the end of each session; (c) accept responsibility for all activities that occur under your account. We reserve the right to refuse service, terminate accounts, or remove content at our sole discretion.

4. Subscription Plans and Features

We offer various subscription plans with different features and usage limits. We reserve the right to: (a) modify, add, or remove features from any plan; (b) change usage limits, quotas, or restrictions; (c) introduce new plans or retire existing ones; (d) move features between plan tiers. Changes to your current plan features will be communicated via email with reasonable notice. Your continued use of the Service after such changes constitutes acceptance of the modified terms.

5. Payment Terms

Paid subscriptions are billed in advance on a monthly or annual basis and are non-refundable except as required by law or as explicitly stated in these Terms. We reserve the right to change our pricing at any time. For existing customers, price changes will take effect at the next billing cycle with at least 30 days advance notice. You authorize us to charge your payment method on a recurring basis. Failure to pay may result in suspension or termination of your account.

6. Free Trial and Free Plans

We may offer free trials or free plans at our discretion. We reserve the right to: (a) modify or terminate free trials or free plans at any time; (b) limit features or usage in free plans; (c) require payment information for free trials; (d) automatically convert free trials to paid subscriptions unless cancelled. Free accounts inactive for 90 days may be deleted along with all associated data.

7. Acceptable Use Policy

You agree not to: (a) use the Service for any illegal purpose or in violation of any laws; (b) transmit any malicious code, viruses, or disruptive technologies; (c) attempt to gain unauthorized access to our systems; (d) interfere with or disrupt the Service or servers; (e) use the Service to send spam or unsolicited communications; (f) resell or redistribute the Service without our written consent; (g) use excessive resources that impact other users; (h) violate any third-party rights.

8. API Usage and Rate Limits

Use of our API is subject to rate limits and usage quotas based on your subscription plan. We reserve the right to: (a) modify API endpoints, parameters, or responses; (b) deprecate API versions with reasonable notice; (c) throttle or suspend API access for excessive use; (d) implement additional security measures. You agree to implement reasonable caching and not circumvent rate limits.

9. Intellectual Property

The Service and its original content, features, and functionality are owned by Widgetfied and are protected by international copyright, trademark, and other intellectual property laws. You grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, and display your content solely for the purpose of providing the Service. You retain all rights to your data and content.

10. Data Privacy and Security

Your use of the Service is also governed by our Privacy Policy. You acknowledge that: (a) we implement industry-standard security measures but cannot guarantee absolute security; (b) you are responsible for maintaining the security of your account; (c) we may access your account data for support, debugging, or legal compliance; (d) we retain the right to delete inactive accounts and associated data after reasonable notice.

11. Third-Party Services

The Service may integrate with third-party services (e.g., Stripe, Google Calendar, Twilio). Your use of these integrations is subject to the third parties' terms and policies. We are not responsible for third-party services' availability, functionality, or actions. We may add, modify, or remove third-party integrations at any time.

11a. SMS Messaging Terms

PROGRAM NAME: Widgetfied Booking Notifications. DESCRIPTION: When enabled by businesses using Widgetfied, end-users may receive SMS text messages for booking confirmations, appointment reminders, and service updates related to appointments scheduled through Widgetfied-powered widgets. MESSAGE FREQUENCY: Message frequency varies based on your booking activity. You may receive messages for: booking confirmations (1 per booking), appointment reminders (1-2 per appointment), cancellation notices, and service updates. MESSAGE AND DATA RATES: Standard message and data rates may apply. Contact your mobile carrier for details about your text messaging plan. SUPPORT: For help with SMS notifications, email support@widgetfied.com or visit widgetfied.com/contact. OPT-OUT: You can stop receiving SMS messages at any time. Text STOP to any message to unsubscribe. You will receive a confirmation message and no further texts will be sent. Text HELP for support information. By opting in to SMS notifications, you consent to receive automated text messages at the phone number provided. Consent is not a condition of purchase.

12. Service Level and Support

While we strive for high availability, we do not guarantee uninterrupted access to the Service. Support levels vary by subscription plan. We are not liable for any downtime, data loss, or service interruptions. Scheduled maintenance will be communicated in advance when possible. Emergency maintenance may occur without notice.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WIDGETFIED SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

14. Indemnification

You agree to defend, indemnify, and hold harmless Widgetfied, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any third-party rights; (d) your content or data.

15. Termination

Either party may terminate these Terms at any time. You may cancel your account through your account settings or by contacting support. We may suspend or terminate your account immediately for: (a) violation of these Terms; (b) non-payment; (c) extended inactivity; (d) legal requirements. Upon termination, your right to use the Service ceases immediately. We may delete your data 30 days after termination unless legally required to retain it.

16. Modifications to Terms

We reserve the right to modify these Terms at any time. Material changes will be notified via email or prominent notice on the Service at least 30 days before taking effect. Your continued use of the Service after changes become effective constitutes acceptance of the revised Terms. If you disagree with the changes, you must stop using the Service and cancel your account.

17. Beta Features

We may offer beta, preview, or early access features ("Beta Features"). Beta Features are provided "as-is" without warranties and may be modified or discontinued at any time. We are not liable for any issues arising from Beta Features. Your use of Beta Features may be subject to additional terms.

18. Governing Law and Disputes

These Terms shall be governed by and construed in accordance with the laws of the United States and the State of Delaware, without regard to conflict of law principles. Any disputes shall be resolved through binding arbitration in accordance with the American Arbitration Association rules. You waive any right to a jury trial or class action lawsuit.

19. Severability and Waiver

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full effect. Our failure to enforce any right or provision shall not be considered a waiver of those rights.

20. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published by us on the Service, constitute the entire agreement between you and Widgetfied concerning the Service and supersede all prior agreements and understandings.

21. Contact Information

For questions about these Terms of Service, please contact us at legal@widgetfied.com or through our contact form.