Terms Of Service
Last Updated JULY 2024
Introduction
Please read and understand these terms before using our platform and services. By accepting these terms, creating an account, or using our platform and services, you agree to comply with them. If you disagree with any part of these terms, do not accept them or use our platform or services.
These terms may be updated from time to time, and we will notify you of any changes. Continuing to use the platform after updates means you agree to the revised terms.
Legal Advice
Always consult a lawyer to ensure you understand and comply with these terms. Note that these terms include warranty disclaimers, limitations of liability, and a mandatory arbitration clause.
Binding Agreement
BY ACCEPTING THESE TERMS, YOU FORM A BINDING LEGAL AGREEMENT BETWEEN YOU (OR YOUR BUSINESS) AND WARMIFY, INC, COVERING YOUR USE OF THE PLATFORM AND RELATED SERVICES.
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCEPT THEM, CREATE AN ACCOUNT, OR USE THE PLATFORM. IN CASE OF A CONFLICT BETWEEN THESE TERMS AND OTHER AGREEMENTS INCORPORATED HEREIN, THESE TERMS SHALL PREVAIL.
Age Restriction
You must be at least 18 years old to use our platform and services.
Platform Use
1.1 Age Restrictions: You must be 18 years or older to use the platform. If allowing a minor (13-18 years) to use the platform, you agree to supervise their use and assume all associated risks and liabilities.
1.2 Account Ownership: The individual who accepts these terms is the owner of the platform account. If accepting on behalf of a business entity, the entity is the owner. Ensure all provided information is accurate and up-to-date.
1.3 Lawful Use: Use the platform only for lawful purposes. You are responsible for ensuring compliance with applicable laws and regulations, including those governing your customers’ use of the platform.
1.4 Privacy: By using the platform, you consent to our use of your information in accordance with our Privacy Policy. Implement your own privacy policy for your customers, ensuring it provides protection at least equal to ours. Obtain necessary consents from your customers for data use.
1.5 Login Credentials: Keep your login credentials confidential and notify us immediately of any unauthorized access. We may disable your login credentials if we believe they have been compromised or if you violate these terms.
1.6 Communication Services: You are responsible for ensuring all communications via the platform comply with laws such as the TCPA and CAN-SPAM Act. Warmify only provides the platform; you control the content and delivery of messages.
1.7 Third-Party Services: The platform may use third-party services. We are not liable for issues arising from these services. If your account is paused or deleted, certain features (like phone numbers) may not be retrievable upon reactivation.
1.8 Third-Party Content: We are not responsible for third-party content on the platform. Use third-party content at your own risk and ensure compliance with applicable laws.
1.9 Customizations: You are responsible for ensuring that customizations do not infringe intellectual property rights. We may remove any customizations at any time.
1.10 Excessive Use: We offer tiered pricing based on usage. If your data use is excessive, we may require you to upgrade your plan, reduce your data use, or terminate your account.
1.11 Platform Updates: We may update the platform at any time. Continued use of the platform is not contingent on the delivery of any specific functionality or feature.
1.12 International Use: The platform may not be available in embargoed countries. You are responsible for complying with local laws when accessing the platform from outside the U.S.
Resale Policy
2.1 Minimum Advertised Price (MAP) Policy: If reselling the platform, you must comply with our MAP Policy. You cannot advertise prices lower than Warmify’s standard prices without written permission.
2.2 Advertised and Final Sale Price: The MAP Policy applies to advertised prices. Final sale prices are not subject to the MAP Policy.
2.3 Exceptions to MAP Policy: Warmify reserves the right to make exceptions to the MAP Policy, which must be in writing and can be revoked at any time.
2.4 Resale Restrictions: You are responsible for resolving customer disputes and inquiries. If we determine you are not providing adequate customer support, we may terminate your account.
2.5 No Misrepresentation: Do not represent yourself as a Warmify employee or imply an association with Warmify when reselling the platform. Direct all customer inquiries to your support team.
2.6 Suspension and Termination: We may suspend or terminate your resale rights if you violate the MAP Policy or these terms.
Prohibited Uses
Engaging in prohibited uses, such as violating laws, harming others, or overloading the platform, may result in account termination.
Payment Terms
4.1 Fees: All fees are nonrefundable and billed in advance. Provide accurate billing information and update it as needed.
4.2 Noncancellable Fees: Some subscriptions require noncancellable commitments. Fees will be applied until the commitment is fulfilled.
4.3 No Mark Ups: Do not mark up Warmify’s fees when passing them to customers. Resolve any pass-through fee issues with your customers directly.
4.4 Taxes: You are responsible for all taxes associated with your use of the platform and transactions with your customers. Indemnify Warmify for any tax-related claims.
4.5 Overdue Amounts: If payment is declined, we may suspend or terminate your account and seek other payment methods. You are responsible for legal fees incurred to recover overdue amounts.
4.6 Payment Disputes: Notify us of any payment disputes within 60 days. Continue paying fees while disputes are resolved. Our determinations are final.
4.7 No Refunds or Credits: Fees are nonrefundable. No refunds for partially used or unused subscriptions.
Affiliate Program
5.1 Affiliate Program: Participate in our Affiliate Program to earn commissions for referrals. Follow the Affiliate Agreement, and set up a payment account to receive commissions.
Intellectual Property
6.1 Platform Content: Warmify owns the platform content. Use it only to make the platform available to you and your customers.
6.2 Trademarks: Do not use Warmify’s trademarks without permission. Other trademarks belong to their respective owners.
6.3 User Contributions: You own the content you post but grant us a license to use it. Do not post inappropriate or infringing content.
6.4 Prohibited User Contributions: Do not post unlawful, threatening, or infringing content.
6.5 Feedback: Provide feedback voluntarily. We may use it without compensation.
6.6 Feedback Waiver: Release Warmify from claims related to feedback use.
6.7 Copyright Claims: Follow our process for reporting copyright infringement.
Disclaimers
7.1 No Warranties: The platform is provided “as is” without warranties. Use it at your own risk.
Limitation of Liability
8.1 Limitation: Our liability is limited to the amount you paid in the three months before the incident.
8.2 No Indirect Damages: We are not liable for indirect or consequential damages.
8.3 Indemnification: You may need to indemnify us for claims related to your use of the platform.
8.4 Intellectual Property Claims: We will address third-party IP claims as described in this section.
Time to File Claims
9.1 Time Limit: File claims within three months of the event.
Injunctive Relief
10.1 Injunctive Relief: We may seek equitable relief for breaches.
Waiver and Severability
11.1 No Waiver: Failure to enforce terms does not waive rights.
11.2 Severability: Invalid provisions do not affect the rest of the terms.
Change of Control
12.1 Assignment: We may assign our rights. You cannot assign yours without permission.
Entire Agreement
13.1 Entire Agreement: These terms constitute the entire agreement between you and Warmify.
Termination
14.1 Termination: We may terminate your account for any reason. Some sections survive termination.
Dispute Resolution
15.1 Arbitration: Resolve disputes through binding arbitration in Dallas, Texas. No class actions.
Communications
16.1 Notices: Send notices to [email protected]. Use the email you provided for communications.
