Terms of Service

These Terms of Service (“Terms”) govern your access to and use of YoNudge.

By creating an account, purchasing a subscription, or using YoNudge, you agree to these Terms.

If you use YoNudge on behalf of a business or organization, you represent that you have authority to agree to these Terms on its behalf.

1. The Service

YoNudge provides software that helps businesses communicate with customers and leads through outreach campaigns, follow-ups, SMS, email, and related tools.

Features may change over time as we improve the service.

We may add, modify, or discontinue features, provided we do not materially reduce a paid service without reasonable notice where appropriate.

2. Accounts

You are responsible for:

• Providing accurate account information
• Maintaining the security of your account
• Activities performed through your account
• Keeping login credentials confidential

You must notify us promptly if you believe your account has been compromised.

3. Customer Data

You retain ownership of information you upload or submit to YoNudge.

You grant YoNudge permission to process that information as necessary to provide, secure, maintain, and improve the service.

You represent that you have the rights and lawful authority necessary to provide that information to YoNudge.

4. Messaging and Marketing Compliance

Our Messaging Policy explains these responsibilities in more detail.

You are responsible for ensuring that your use of YoNudge complies with applicable laws and industry requirements, including laws relating to:

• Email marketing
• SMS and telephone communications
• Consent
• Privacy
• Advertising
• Do-not-contact requirements
• Unsubscribe and opt-out requests

You must only contact individuals when you have the appropriate permission or other lawful basis to do so.

You must not use YoNudge to send unsolicited, unlawful, deceptive, abusive, or fraudulent communications.

YoNudge may implement safeguards such as sending limits, suppression lists, quiet hours, or automatic opt-out handling.

These safeguards do not replace your responsibility to comply with applicable law.

5. Prohibited Uses

You may not use YoNudge to:

• Send spam or unlawful unsolicited communications
• Harass, threaten, or abuse individuals
• Impersonate another person or organization
• Send fraudulent or misleading messages
• Distribute malware or malicious content
• Violate intellectual property rights
• Attempt to access another user's account or data
• Interfere with the security or operation of YoNudge
• Use illegally obtained contact lists
• Circumvent opt-outs or suppression controls

We may suspend or terminate accounts that violate these requirements.

6. Third-Party Services

YoNudge may rely on or integrate with third-party services, including messaging, email, payment, hosting, and analytics providers.

Examples may include providers such as Twilio, Postmark, Stripe, or similar services.

Your use of third-party services may also be subject to their own terms and policies.

YoNudge is not responsible for outages, changes, restrictions, or actions caused by third-party providers outside our reasonable control.

7. Messaging Delivery

Message delivery is not guaranteed.

SMS and email delivery may be affected by:

• Carriers
• Email providers
• Spam filtering
• Invalid contact information
• Recipient settings
• Provider outages
• Regulatory restrictions
• Sending reputation

You remain responsible for reviewing campaign configuration before sending.

8. Subscriptions and Billing

Paid plans are billed according to the pricing presented when you subscribe.

Unless otherwise stated, subscriptions automatically renew until cancelled.

Usage-based charges or overages may apply where indicated.

You authorize us and our payment provider to charge applicable subscription and usage fees.

Fees are generally non-refundable except where required by law or explicitly stated otherwise.

You may cancel your subscription at any time. Cancellation normally takes effect at the end of the current paid billing period.

9. Trials

We may offer free trials or promotional access.

Trial limits, duration, and features may vary.

We may modify or discontinue trial offers at any time.

Creating multiple accounts to circumvent trial or usage restrictions is prohibited.

10. Estimates and Reporting

YoNudge may display estimates such as:

• Potential Revenue
• Campaign value
• Estimated response value
• Projected return on investment

These figures are estimates only.

They may be based on information supplied by you, campaign activity, assumptions, or modeled values.

YoNudge does not guarantee that estimated opportunities will result in bookings, completed work, payments, reviews, referrals, or revenue.

You should not treat these estimates as financial, accounting, or business guarantees.

11. Availability

We aim to provide a reliable service but do not guarantee uninterrupted or error-free availability.

We may temporarily suspend access for:

• Maintenance
• Security issues
• Provider outages
• Legal requirements
• Abuse prevention

12. Intellectual Property

YoNudge and its software, branding, design, documentation, and original content are owned by YoNudge or its licensors.

These Terms do not transfer ownership of YoNudge's intellectual property to you.

You may not copy, reverse engineer, resell, or redistribute the service except where expressly permitted.

13. Feedback

If you provide suggestions or feedback about YoNudge, you allow us to use that feedback without restriction or compensation.

This does not give us ownership of your customer data or confidential business information.

14. Suspension and Termination

You may stop using YoNudge or cancel your subscription at any time.

We may suspend or terminate access if:

• You materially violate these Terms
• Your use creates legal, security, or messaging-abuse risk
• Required fees remain unpaid
• We are required to do so by law or a service provider

Where reasonable, we will attempt to provide notice and an opportunity to correct the issue.

15. Disclaimer

YoNudge is provided on an “as is” and “as available” basis to the extent permitted by law.

We do not guarantee:

• Specific campaign results
• Customer responses
• Bookings
• Revenue
• Reviews
• Referrals
• Message delivery
• Business outcomes

You are responsible for deciding how and when to contact your customers and leads.

16. Limitation of Liability

To the maximum extent permitted by law, YoNudge will not be liable for indirect, incidental, consequential, special, exemplary, or punitive damages, including lost profits, lost revenue, lost data, or loss of business opportunity.

To the maximum extent permitted by law, YoNudge's total liability arising from the service will not exceed the amount you paid to YoNudge during the 12 months preceding the event giving rise to the claim.

Some jurisdictions do not allow certain exclusions or limitations, so parts of this section may not apply to you.

17. Indemnification

To the extent permitted by law, you agree to indemnify and hold YoNudge harmless from claims arising from:

• Your unlawful use of the service
• Messages or campaigns you send
• Contact data you upload
• Your violation of applicable laws
• Your violation of these Terms
• Your infringement of another person's rights

18. Governing Law

These Terms are governed by the laws of [Province/State and Country], without regard to conflict-of-law principles.

Any disputes will be handled in the courts located in [City, Province/State, Country], unless applicable law requires otherwise.

19. Changes to These Terms

We may update these Terms from time to time.

If changes are material, we may provide notice by email or through YoNudge.

Continued use of YoNudge after updated Terms become effective constitutes acceptance of the updated Terms where permitted by law.

20. Contact

Questions about these Terms can be sent to:

YoNudge
Email: howell@yonudge.com