Terms of Service

1. Service Overview

Tendrl, Inc. ("Tendrl," "we," "us," or "our") provides a connectivity and automation platform ("Service") that enables connected devices, applications, and services to interact securely and efficiently. The Service includes the Contact device management platform, the Strand workflow automation platform, client libraries, APIs, and related documentation.

2. Beta Warning / Early Access Notice

You acknowledge that the Service is in early release and may still contain bugs, errors, or other issues. The Service is provided "as-is" without any guarantees of performance, reliability, or availability. Features may be added, modified, or removed without prior notice. Use it at your own risk.

3. Eligibility

You must be at least 18 years of age and capable of forming a binding contract to use the Service. By creating an account, you represent that you meet these requirements.

4. Account Responsibilities

You are solely responsible for:

• Maintaining the confidentiality of your account credentials, API keys, and access tokens;
• All activity that occurs under your account;
• Ensuring your devices and systems are compatible with our platform;
• Proper configuration, testing, and monitoring of automations or integrations;
• Compliance with all applicable laws in your use of the Service.

5. Prohibited Uses

You may not:

• Use the Service for any illegal, harmful, or fraudulent purpose;
• Send unsolicited messages (spam), bulk marketing, phishing, or deceptive content via the messaging features;
• Use the messaging features (SMS, email) to harass, threaten, or send content that violates applicable telecommunications or anti-spam laws (including CAN-SPAM, TCPA, and equivalent regulations);
• Attempt to reverse engineer, decompile, or probe the platform for vulnerabilities without prior written authorization;
• Interfere with or disrupt our infrastructure, services, or other users' access;
• Circumvent or attempt to circumvent usage limits, rate limits, or access controls;
• Share, resell, or sublicense access to the Service without our written consent;
• Use the Service to build a competing product or service;
• Upload or transmit malicious code, viruses, or harmful data through the platform.

We reserve the right to immediately suspend or terminate accounts that violate these prohibitions, with or without notice.

6. Subscriptions, Billing, and Payments

a) Plans and Pricing. The Service offers free and paid subscription plans with varying feature limits. Current plan details are available on our pricing page. Prices are subject to change with 30 days' notice for existing subscribers.

b) Billing. Paid subscriptions are billed monthly in advance via our payment processor (Stripe). By subscribing to a paid plan, you authorize us to charge your payment method on a recurring basis until you cancel.

c) Usage Limits. Each plan includes specific limits on users, data storage, workflow runs, compute units, messages, and other resources. When you reach a plan limit, the relevant feature may be restricted or unavailable until the next billing cycle or until you upgrade your plan. We will not charge overage fees without your explicit consent.

d) Upgrades and Downgrades. You may upgrade or downgrade your plan at any time. Upgrades take effect immediately, and you will be charged the prorated difference. Downgrades take effect at the start of your next billing cycle. If your current usage exceeds the limits of a lower plan, some features or data may become inaccessible until usage is within the new plan's limits.

e) Cancellation. You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of the current billing period. You will retain access to paid features until that date.

f) Refunds. We generally do not provide refunds for partial billing periods. If you believe you were charged in error, contact us within 30 days and we will review your case.

g) Free Tier. Free accounts may be subject to reduced limits and may not include all features. We reserve the right to modify free tier limits at any time.

7. Messaging Acceptable Use

The Service may include the ability to send text messages (SMS/iMessage/RCS) and emails on your behalf through third-party providers.

a) Consent. You represent and warrant that you have obtained all necessary consents from recipients before sending messages through the Service, in compliance with applicable laws including the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, and any other applicable regulations.

b) Content. You are solely responsible for the content of messages sent through the Service. Messages must not contain illegal, deceptive, defamatory, or harmful content.

c) Limits. Message sending is subject to plan limits. We may impose additional rate limits or restrictions to prevent abuse or protect platform integrity.

d) Enforcement. We reserve the right to suspend messaging capabilities immediately and without notice if we detect spam, abuse, or violations of applicable law. Violations may result in permanent revocation of messaging features and account termination.

8. Security & Limitations

While we take security seriously and continuously work to improve it, you acknowledge that no system is 100% secure. We cannot guarantee the absence of vulnerabilities. You agree not to hold us liable for unauthorized access, data loss, or damages resulting from security issues beyond our reasonable control.

You are responsible for securing your own devices, networks, and credentials that interact with the Service.

9. Intellectual Property

a) Our IP. The Service, including all software, documentation, APIs, designs, and trademarks, is owned by Tendrl, Inc. and protected by applicable intellectual property laws. This Agreement does not grant you any rights to our intellectual property except the limited right to use the Service as described herein.

b) Your Content. You retain all ownership rights to data, configurations, workflows, and other content you create or upload to the Service ("Your Content"). By using the Service, you grant us a limited, non-exclusive license to use, process, store, and transmit Your Content solely to provide and improve the Service.

c) Feedback. If you provide suggestions, ideas, or feedback about the Service, we may use them without obligation to you.

10. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND SYSTEM UPTIME OR AVAILABILITY.

WE DO NOT GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. WE DO NOT PROVIDE ANY SERVICE LEVEL AGREEMENT (SLA) FOR UPTIME OR AVAILABILITY.

11. Limitation of Liability

IN NO EVENT SHALL TENDRL, INC. BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES (INCLUDING LOSS OF DATA, HARDWARE DAMAGE, BUSINESS INTERRUPTION, LOST PROFITS, OR SYSTEM FAILURE), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT PAID BY YOU TO US IN THE PAST 12 MONTHS OR (B) FIFTY DOLLARS ($50).

12. Indemnification

You agree to indemnify, defend, and hold Tendrl, Inc. harmless from any third-party claims, damages, losses, and expenses (including reasonable attorneys' fees) arising out of your use of the Service, including claims resulting from:

• Your Content or messages sent through the Service;
• Device misconfigurations or automation errors;
• Unauthorized access caused by your failure to secure credentials;
• Your violation of this Agreement or applicable law.

13. Data and Privacy

Our collection and use of personal information is described in our Privacy Policy, which is incorporated into this Agreement by reference. By using the Service, you agree to the terms of the Privacy Policy.

You retain ownership of your data. We will not sell your data to third parties. We may use anonymized, aggregated data to improve the Service.

Upon account termination, we will retain your data for 30 days, after which it may be permanently deleted. You may request an export of your data before deletion by contacting us.

14. Third-Party Services

The Service integrates with third-party services (including payment processors, messaging providers, and email services). Your use of these integrations is subject to the respective third party's terms. We are not responsible for the availability, accuracy, or practices of third-party services.

15. Termination

a) By You. You may terminate your account at any time through your account settings or by contacting us.

b) By Us. We reserve the right to suspend or terminate your access to the Service at any time, with or without notice, for violations of this Agreement, behavior that poses risk to the platform, or any other reason at our discretion.

c) Effect. Upon termination, your right to use the Service ceases immediately. Sections that by their nature should survive termination (including Disclaimers, Limitation of Liability, Indemnification, and Governing Law) will survive.

16. Modifications

We may modify this Agreement at any time. We will provide notice of material changes by posting the updated Agreement within the Service or by email. Your continued use of the Service after changes take effect constitutes acceptance. If you do not agree with any changes, you must stop using the Service and cancel your account.

17. Governing Law and Disputes

This Agreement is governed by the laws of the State of Delaware, without regard to conflict of laws principles. Any disputes arising under this Agreement shall be resolved in the state or federal courts located in Delaware, and you consent to personal jurisdiction in those courts.

18. General

a) Entire Agreement. This Agreement, together with the Privacy Policy, constitutes the entire agreement between you and Tendrl, Inc. regarding the Service.

b) Severability. If any provision of this Agreement is found unenforceable, the remaining provisions will remain in effect.

c) Waiver. Our failure to enforce any provision does not constitute a waiver of that provision.

d) Assignment. You may not assign your rights under this Agreement without our written consent. We may assign our rights at any time.

19. Contact

For questions about this Agreement, contact us at: [email protected]