These Terms of Service ("Terms") govern your access to and use of the services provided by PeakGen Consulting LLC, doing business as RetailGenie ("RetailGenie", "we", "us"), including our retail operations platform, related software, and any documentation (the "Services"). By creating an account or using the Services, you ("Customer", "you") agree to these Terms.
1. Eligibility & account
You must be at least 18 years old and authorized to bind the entity you represent. You are responsible for the accuracy of the information you provide and for keeping your login credentials confidential. You must promptly notify us of any unauthorized use of your account.
2. License to use the Services
Subject to these Terms, we grant you a non-exclusive, non-transferable, revocable license to access and use the Services for your internal business operations during the term. You may not (a) reverse engineer, decompile, or attempt to derive the source code of the Services, (b) resell, sublicense, or commercially exploit the Services, or (c) use the Services to build a competing product.
3. Customer data & responsibility
You retain all rights, title, and interest in the data you and your staff upload to the Services ("Customer Data"). You grant us a limited license to host, process, and transmit Customer Data solely to provide the Services. You are responsible for the legality of your Customer Data, including obtaining any necessary consents from your own customers for the messages we send on your behalf (SMS, email).
You agree to comply with all applicable laws when using the Services, including (where applicable) the TCPA, CAN-SPAM Act, CCPA, and consumer protection laws in your jurisdiction.
4. Text messaging (SMS) programs
The Services can send text messages to your customers on your behalf — for example order confirmations, delivery scheduling and tracking links, appointment reminders, and follow-ups. RetailGenie may also send text messages to you and your staff in connection with your account. The following terms apply to all messaging programs operated through the Services:
- Consent. Messages are sent only to recipients who have opted in to receive them. You are responsible for collecting and maintaining valid consent from your customers before messaging them through the Services, and consent may not be a condition of any purchase.
- Opt-out. Recipients can reply STOP at any time to cancel and stop receiving messages, and HELP for help. Opt-outs are honored automatically, and you may not message a customer who has opted out.
- Frequency and rates. Message frequency varies based on the recipient's interactions. Message and data rates may apply. Mobile carriers are not liable for delayed or undelivered messages.
- Mobile information. As described in our Privacy Policy, no mobile information is shared with third parties or affiliates for marketing or promotional purposes; opt-in data and consent are shared only with our SMS delivery provider as strictly necessary to deliver the messages.
5. Acceptable use
You agree not to:
- Use the Services to send spam, unsolicited messages, or content that is unlawful, fraudulent, deceptive, defamatory, obscene, or invasive of privacy.
- Upload viruses, malware, or other malicious code.
- Attempt to gain unauthorized access to any portion of the Services or interfere with their operation.
- Use the Services for activity related to firearms, controlled substances, adult content, or other categories restricted by our payment, SMS, or email vendors.
- Misrepresent the source of messages sent through the Services or send messages on behalf of a third party without authorization.
We may suspend or terminate your access if we reasonably believe you have violated this section. Repeated or material violations may result in account termination without refund.
6. Fees & payment
You will pay the fees set forth in your subscription plan or order form. Unless otherwise stated, fees are billed monthly in advance and are non-refundable except as required by law. We may change pricing on at least 30 days' written notice; the new price applies to your next billing cycle.
If your payment fails, we may suspend the Services until payment is resolved. Accounts that remain unpaid for 30 days may be terminated.
7. Third-party services
The Services integrate with optional third-party providers (for example, payment processors, email and SMS gateways, accounting platforms). Your use of those third-party services is subject to the third party's own terms and pricing, and we are not responsible for their availability or actions.
8. Confidentiality
Each party may receive confidential information from the other. Confidential information must be protected with the same degree of care the receiving party uses for its own confidential information (and no less than a reasonable degree of care), used only to perform under these Terms, and not disclosed except to employees, contractors, and advisors who have a need to know and are bound by confidentiality obligations.
9. Intellectual property
We retain all rights, title, and interest in and to the Services, including all software, content, trademarks, and improvements. You may provide feedback or suggestions; we may use any feedback you provide without obligation to you.
10. Warranty disclaimer
Except as expressly stated in these Terms, the Services are provided "AS IS" and "AS AVAILABLE" without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement. We do not warrant that the Services will be uninterrupted, error-free, or completely secure.
11. Limitation of liability
To the maximum extent permitted by law, neither party will be liable for any indirect, incidental, consequential, special, or punitive damages, including lost profits, lost revenue, or loss of data, arising out of or in connection with these Terms or the Services, even if advised of the possibility of such damages.
Our aggregate liability for any claim arising from or related to these Terms or the Services is limited to the amount you paid us in the twelve (12) months before the event giving rise to the claim.
12. Indemnification
You agree to defend, indemnify, and hold harmless RetailGenie and its officers, directors, and employees from any claim, demand, loss, or expense (including reasonable attorneys' fees) arising out of: (a) your Customer Data, (b) your use of the Services in violation of these Terms or applicable law, or (c) your violation of any third party's rights, including in messages you send through the Services.
13. Term & termination
These Terms remain in effect while you have an active account. Either party may terminate for material breach if the breach is not cured within 30 days of written notice. We may suspend or terminate the Services immediately if (a) you fail to pay, (b) we believe in good faith that your use is unlawful or harms us or other users, or (c) we are required to do so by law.
On termination, your right to access the Services ends. We will retain your Customer Data for at least 30 days after termination so you can export it. After that, we may delete or de-identify your data, except as required to retain by law.
14. Governing law & disputes
These Terms are governed by the laws of the State of Alabama, without regard to its conflict of laws principles. The parties consent to the exclusive jurisdiction of state and federal courts located in Jefferson County, Alabama for any dispute that is not subject to binding arbitration.
Binding arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms or the Services that the parties cannot resolve in good faith within 30 days will be resolved by binding arbitration administered by JAMS under its Comprehensive Arbitration Rules in Birmingham, Alabama. Either party may seek equitable relief in court for matters involving intellectual property rights, confidentiality, or unauthorized use of the Services.
15. Changes to these Terms
We may modify these Terms from time to time. If we make a material change, we will notify you by email or via the Services and post the updated Terms with a new "Last updated" date. Continued use after the effective date constitutes acceptance.
16. Miscellaneous
These Terms (together with any order form, the Privacy Policy, and the DPA) are the entire agreement between the parties regarding the Services and supersede any prior or contemporaneous agreements on the subject. If any provision is held unenforceable, the remaining provisions remain in full force. Our failure to enforce a provision is not a waiver of our right to do so later. Neither party may assign these Terms without the other's written consent, except to a successor in connection with a merger or sale of substantially all assets.
17. Contact
Questions about these Terms: austin@retailgenie.io · PeakGen Consulting LLC · 500 Southland Drive, STE 235, Hoover, AL 35226.