Terms & Conditions

Introduction

These Terms & Conditions ("Terms") form a legally binding agreement between you and BAIL Consulting & Marketing ("BAIL," "we," "us," or "our") and govern your access to and use of our website, software platform, integrations, and all related products and services (collectively, the "Services"). Please read these Terms carefully before using the Services, as they affect your legal rights and obligations.

1. Acceptance of Terms

By accessing, browsing, registering for, or using the Services in any way, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated here by reference. If you are using the Services on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms. If you do not agree to these Terms, you must not access or use the Services.

2. Eligibility & Accounts

• You must be at least 18 years old and capable of forming a legally binding contract to use the Services.
• You agree to provide accurate, current, and complete information when creating an account and to keep it updated.
• You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.
• You agree to notify us immediately of any unauthorized access to or use of your account or any other breach of security.
• We are not liable for any loss or damage arising from your failure to safeguard your credentials.

3. Use of the Services

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business purposes. This license does not include any right to resell, sublicense, or commercially exploit the Services except as expressly permitted by us in writing.

4. Acceptable Use Policy

You agree that you will not, and will not permit anyone else to:

• Use the Services for any unlawful, fraudulent, deceptive, or malicious purpose, or in violation of any applicable law or regulation.
• Attempt to gain unauthorized access to the Services, other accounts, computer systems, or networks connected to the Services.
• Interfere with, disrupt, or impose an unreasonable load on the Services or the servers and networks that support them.
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of any part of the platform.
• Introduce viruses, malware, or other harmful code, or engage in any activity that could damage or compromise the Services.
• Send unsolicited or unauthorized advertising, spam, or other prohibited communications through the Services.
• Collect or harvest information about other users without their consent, or impersonate any person or entity.
• Use the Services to store or transmit content that is infringing, defamatory, obscene, or otherwise objectionable.

5. Your Content & Data

You retain all ownership rights in the content, data, and materials you create, upload, import, or transmit through the Services ("Your Content"). By submitting Your Content, you grant us a limited, worldwide, non-exclusive license to host, store, process, transmit, and display it solely as necessary to provide and improve the Services for you.

You are solely responsible for Your Content and for ensuring you have all rights, consents, and permissions necessary to use it with the Services, including any consent required from your own contacts and customers before processing their data. You represent and warrant that Your Content does not violate any law or infringe the rights of any third party.

6. Subscriptions & Payment

• Certain Services are offered on a subscription basis. The applicable fees, billing frequency, and included features are presented to you at the time of purchase.
• By subscribing, you authorize us and our payment processors to charge your designated payment method on a recurring basis until you cancel.
• Subscriptions automatically renew at the end of each billing cycle unless you cancel before the renewal date.
• All fees are stated exclusive of taxes, which you are responsible for paying where applicable.
• We may change our pricing or introduce new charges with reasonable advance notice. Your continued use after a price change takes effect constitutes acceptance of the new pricing.
• If a payment fails or is overdue, we may suspend or terminate your access until the outstanding amount is paid.

7. Refunds & Cancellation

You may cancel your subscription at any time, and the cancellation will take effect at the end of your current billing cycle. Unless otherwise required by law or expressly stated by us in writing, payments are non-refundable, and we do not provide refunds or credits for partial billing periods, unused time, or features not used. Upon cancellation, your access to paid features will end at the close of the period for which you have already paid.

8. Third-Party Platforms & Integrations

The Services are built on, hosted by, and integrate with third-party platforms, infrastructure providers, and applications. Your use of any third-party integration may be subject to that third party's own terms and policies, and you are responsible for complying with them. We do not control and are not responsible for the availability, accuracy, performance, security, or content of any third-party service, and we disclaim all liability arising from your use of them.

9. Intellectual Property

All rights, title, and interest in and to the Services — including all software, source code, designs, text, graphics, logos, trademarks, branding, and other content we provide (excluding Your Content) — are and remain the exclusive property of BAIL and our licensors. These Terms do not grant you any right, title, or interest in our intellectual property, and you agree not to copy, modify, distribute, or create derivative works from it except as expressly authorized. The BAIL name, logo, and related marks are trademarks of BAIL and may not be used without our prior written permission.

10. Acceptable Communications & Anti-Spam

If you use the Services to send email, SMS, or other electronic communications, you agree to comply with all applicable laws and regulations, including the CAN-SPAM Act, the Telephone Consumer Protection Act (TCPA), and any equivalent laws in your jurisdiction. In particular, you agree to:

• Obtain and maintain proper, documented consent from recipients before sending marketing communications.
• Provide a clear and functional opt-out or unsubscribe mechanism in every applicable communication.
• Honor all opt-out and unsubscribe requests promptly.
• Avoid sending deceptive subject lines, false header information, or other misleading content.

We reserve the right to suspend or terminate any account that generates excessive spam complaints, violates these requirements, or otherwise puts the integrity of the Services at risk.

11. Disclaimers

The Services are provided on an "as is" and "as available" basis, without warranties of any kind, whether express, implied, or statutory. To the fullest extent permitted by law, we expressly disclaim all warranties, including the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Services will be uninterrupted, timely, secure, error-free, or that any defects will be corrected, or that the results obtained from using the Services will meet your expectations.

12. Limitation of Liability

To the maximum extent permitted by applicable law, in no event will BAIL, its owners, affiliates, or service providers be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, or for any loss of profits, revenue, data, goodwill, or other intangible losses, arising out of or related to your access to or use of (or inability to use) the Services, whether based in contract, tort, negligence, strict liability, or any other legal theory, even if we have been advised of the possibility of such damages.

To the maximum extent permitted by law, our total aggregate liability for any and all claims arising out of or related to these Terms or the Services will not exceed the greater of (a) the total amount you paid to us in the twelve (12) months immediately preceding the event giving rise to the claim, or (b) one hundred U.S. dollars (USD $100).

13. Indemnification

You agree to defend, indemnify, and hold harmless BAIL and its owners, affiliates, officers, employees, and agents from and against any and all claims, demands, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use or misuse of the Services; (b) Your Content; (c) your violation of these Terms; or (d) your violation of any applicable law or the rights of any third party.

14. Termination

We may suspend or terminate your access to the Services, in whole or in part, at any time and with or without notice, for any conduct that we believe violates these Terms, is harmful to other users, us, or third parties, or is otherwise inappropriate. You may stop using the Services and close your account at any time. Upon termination, your right to use the Services will immediately cease. Any provisions that by their nature should survive termination — including ownership, disclaimers, limitations of liability, indemnification, and dispute resolution — will survive.

15. Dispute Resolution

We encourage you to contact us first to resolve any dispute informally, and we will make good-faith efforts to address your concerns. If a dispute cannot be resolved informally, you agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be resolved in accordance with the governing law and venue described below. You agree to bring any claim in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.

16. Governing Law & Venue

These Terms and any dispute arising out of or relating to them or the Services are governed by the laws of the State of Missouri, United States, without regard to its conflict-of-law principles. You agree that any legal action or proceeding will be brought exclusively in the state or federal courts located in Missouri, and you consent to the personal jurisdiction of those courts.

17. Changes to These Terms

We may revise these Terms from time to time to reflect changes in our Services, business practices, or legal requirements. When we make material changes, we will update the "Last updated" date at the top of this page and, where appropriate, provide additional notice. Your continued use of the Services after the revised Terms take effect constitutes your acceptance of them. If you do not agree to the revised Terms, you must stop using the Services.

18. Miscellaneous

• Entire agreement: these Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Services and supersede any prior agreements.
• Severability: if any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect.
• No waiver: our failure to enforce any right or provision does not constitute a waiver of that right or provision.
• Assignment: you may not assign or transfer these Terms without our prior written consent; we may assign them freely in connection with a merger, acquisition, or sale of assets.
• Force majeure: we are not liable for any failure or delay caused by events beyond our reasonable control.

19. Contact Us

If you have any questions about these Terms, please contact us. We are happy to help clarify anything you are unsure about.

This document is provided as a general template for informational purposes and does not constitute legal advice. We recommend reviewing it with a qualified attorney to ensure it meets the specific requirements applicable to your business.