Terms of Service

These Terms of Service ("Terms") govern access to and use of Sellsquatch, the online customer relationship management service available at sellsquatch.com and its subdomains, the mobile applications and the related APIs (together, the "Service"). The Service is provided by Individual Entrepreneur Bogdan Shapovalov (Georgia), trading as Sellsquatch ("Sellsquatch", "we", "us").

By creating a workspace, clicking "Create a free workspace" or using the Service you agree to these Terms on behalf of the business you represent ("Customer", "you"). If you do not have authority to bind that business, do not use the Service.

1. Who the Service is for

The Service is a business tool. It is offered to companies, sole traders and other professional users, not to consumers acting for personal, family or household purposes. You confirm that you use the Service in the course of your business.

2. Your workspace and users

• A workspace is the Customer's own environment at <name>.sellsquatch.com. The person who creates it is its owner and administrator and may invite other users.
• You are responsible for the people you invite, for the permissions you give them and for keeping credentials secret. Turn on two-factor sign-in for administrators.
• Tell us without delay at support@sellsquatch.com if you believe an account has been compromised.

3. Free trial

A new workspace gets a free trial of 14 days with access to all modules. No payment card is required. When the trial ends, the workspace pauses until a plan is chosen. We may end or limit a trial that is used to send spam or to abuse the Service.

4. Plans, payment and renewal

• Prices are listed on the pricing page in US dollars. A plan is a flat price per workspace per month with a number of users included; extra users are charged per user per month.
• Subscriptions are billed in advance for the chosen period (monthly or annual) and renew automatically for the same period until cancelled. You can cancel at any time; the cancellation takes effect at the end of the paid period.
• Payments may be processed by an authorized payment partner acting as reseller or merchant of record. In that case the partner's checkout terms also apply to the payment, and the charge may appear on your statement under the partner's name.
• Taxes such as VAT or sales tax are added where the law requires it.
• Usage-based services (telephony minutes, SMS, AI requests and similar) are paid from a prepaid workspace balance at the rates shown in the workspace. A balance is not a bank deposit, bears no interest and is not transferable.
• We may change prices for future billing periods with at least 30 days' notice by email or in the workspace. A change never affects a period you have already paid for.
• If a payment fails, we will try again and notify you. If the subscription remains unpaid, the workspace pauses; your data is kept as described in section 10.
• Refunds are governed by the Refund Policy.

5. Your data

• Everything you and your users put into the Service, including contacts, deals, messages, files and call recordings ("Customer Data"), belongs to you. We claim no ownership of it.
• You give us the rights needed to host, process, transmit and display Customer Data only to provide and secure the Service, to give support you request and as the law requires.
• For personal data in Customer Data you are the controller and we are your processor. The Data Processing Agreement forms part of these Terms and applies automatically.
• You are responsible for having a lawful basis for the personal data you collect and for the messages you send, including consent for marketing messages, call recording notices and cookie consent on your own websites where the law requires it.
• You can export your data at any time from the workspace (CSV exports and full backup download).

6. Acceptable use

You must not use the Service to:

• send unsolicited bulk messages, or messages that break anti-spam, telemarketing or messaging-platform rules (for example the CAN-SPAM Act, the TCPA, the ePrivacy rules or Meta's WhatsApp Business policies);
• store or distribute unlawful, infringing, fraudulent or malicious content, or content that exploits minors;
• process special categories of personal data (health, biometric, criminal records and similar) unless the law allows it and you have taken the safeguards it requires;
• probe, scan or test the vulnerability of the Service without our written permission, interfere with its operation, or try to access other customers' workspaces;
• resell the Service other than through the Agency plan or a written agreement with us, or use it to build a competing product.

We may suspend the affected part of the Service, or the workspace, if its use breaks this section or puts the Service, other customers or third parties at risk. Where we can, we will warn you first and give you a chance to fix the problem.

7. Third-party services

The Service connects to services you choose to use, such as email providers, telephony carriers, messaging platforms, ad networks and payment providers. Your use of them is governed by their own terms, and we are not responsible for them. If a third party changes or withdraws its service, the related integration may stop working.

8. Beta features

Features marked "beta" or "soon" are provided as they are, may change or be withdrawn and are excluded from any service commitments.

9. Availability and support

We work to keep the Service available around the clock and to fix problems quickly, but we do not promise uninterrupted operation. Planned maintenance is announced in advance where possible. Support is provided through tickets in the workspace and by email at support@sellsquatch.com.

10. Ending the agreement

• You can stop using the Service at any time by cancelling the subscription and, if you wish, asking us to delete the workspace (see Delete your account).
• We may terminate these Terms for a material breach that is not cured within 14 days after notice, or immediately for a serious breach of section 6.
• After a subscription ends or a trial expires, we keep the workspace for 90 days so you can resubscribe or export your data. After that period the workspace and its data may be deleted. Backups are overwritten within their normal rotation.

11. Intellectual property

The Service, its software, design and the Sellsquatch brand belong to us or our licensors. These Terms give you a non-exclusive, non-transferable right to use the Service during your subscription. Feedback you send may be used to improve the Service without obligation to you.

12. Warranties and liability

• Except as stated in these Terms, the Service is provided "as is" and "as available", and we disclaim implied warranties of merchantability, fitness for a particular purpose and non-infringement to the extent the law allows.
• Neither party is liable for indirect or consequential losses, lost profits, lost revenue or lost goodwill.
• Each party's total liability arising out of or relating to these Terms is limited to the amounts paid by the Customer for the Service in the 12 months before the event giving rise to the claim.
• These limits do not apply to liability that cannot be limited by law, including liability for fraud, wilful misconduct or gross negligence.

13. Indemnity

You will defend and indemnify us against third-party claims arising from Customer Data, from messages you send through the Service or from your breach of section 6.

14. Changes to these Terms

We may update these Terms. For material changes we will give at least 30 days' notice by email or in the workspace before they take effect. If you do not agree, you may cancel before the change takes effect and ask for a pro-rata refund of any prepaid period that remains.

15. Governing law and disputes

These Terms are governed by the laws of Georgia. The courts of Tbilisi, Georgia, have jurisdiction over disputes, unless mandatory law gives the Customer the right to bring a claim elsewhere. Before going to court, the parties will try in good faith to resolve the dispute by email within 30 days.

16. Miscellaneous

If a provision is found unenforceable, the rest remains in effect. A failure to enforce a right is not a waiver. You may not transfer these Terms without our consent; we may transfer them to a successor of the Service with notice. Notices to us go to support@sellsquatch.com; notices to you go to the workspace owner's email.