Terms of Service

1. Acceptance of Terms

By accessing, browsing, or using any of the services provided by Trimble Digital LLC, doing business as Shmello ("we," "us," or "our"), you agree to comply with and be bound by these Terms of Service. If you do not agree with these terms, you must refrain from using our services.

These terms constitute a legally binding agreement between you (the "User") and us regarding your use of the services. Please read them carefully and contact us at support@shmello.com if you have any questions.

2. Services Provided

Shmello provides software solutions designed to enhance the operations of pawn businesses. Our services include, but are not limited to:

• Text message processing and management through integrations.
• AI-powered tools, including content generation and customer interaction tools.
• Call tracking, email management, and customer relationship management (CRM) functionalities.

We reserve the right to modify, suspend, or discontinue any part of our services at any time without prior notice, and to update features and functionality as needed to ensure optimal performance.

3. Fees and Billing

By subscribing to our services, you agree to pay the fees outlined below:

Monthly Subscription Fee: $197 per location, plus applicable usage charges.

Variable Rates: Usage charges may vary based on your subscription plan, sign-up date (grandfathered rates), and the specific services utilized. For a detailed breakdown of charges specific to your account, email support@shmello.com.

4. Account Responsibilities

You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or breach of security. We are not liable for any losses resulting from unauthorized access to your account.

5. Data Retention and Privacy

We are committed to protecting your data. Our data retention policy includes:

• General account data is retained for 90 days after account cancellation.
• Call recordings are retained for 6 months before permanent deletion.

For a detailed description of how we handle and protect your data, please refer to our Privacy Policy.

6. Prohibited Uses

When using our services, you agree not to:

• Engage in illegal or fraudulent activities.
• Infringe upon the intellectual property rights of others.
• Use our services in a manner that could harm, disable, or disrupt our systems or other users.
• Attempt to reverse-engineer or exploit our software or services.

7. Limitation of Liability

To the fullest extent permitted by law, we shall not be liable for any indirect, incidental, special, or consequential damages arising from the use of our services. Our liability is limited to the amount paid by you for the service in the 12 months preceding the incident.

8. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts located in Texas for any disputes arising under or related to these Terms.

9. Dispute Resolution

Any disputes arising from these Terms or your use of our services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Texas, and the arbitrator's decision shall be final and binding.

10. Changes to These Terms

We reserve the right to update or modify these Terms at any time. Changes will be effective immediately upon posting to our website. Your continued use of the services after any such changes constitutes your acceptance of the updated Terms.

11. Website Template, Domain Registration, and Associated Risks

Authorization to Use Website Template

By enrolling in our services, you expressly authorize us to create and deploy a website on your behalf using a standardized website template. This template may be customized for Application-to-Person (A2P) messaging, text creation, and other related marketing or communication functions. You acknowledge the website is provided as a functional tool for these purposes and may not represent a fully customized or unique design.

Domain Registration and Ownership

As part of your onboarding, we will purchase and register a domain name for your website (the "Domain") on your behalf. We cover the cost of Domain registration for the first year only. Beginning on the first anniversary of registration, responsibility for renewal, management, and payment of the Domain transfers to you. After this transfer, the Domain is solely owned and controlled by you, and you are responsible for maintaining it, including ensuring timely renewals and managing DNS settings. Failure to renew the Domain may result in permanent loss of ownership and associated website content. We are not liable for such loss once responsibility has transferred.

Right to Request Deletion

You may request deletion of the Domain and/or associated website at any time by submitting a written request to us. Upon confirmation, we will take reasonable steps to disable and remove the website.

Risks Accepted by the User

By agreeing to these terms, you acknowledge and accept the following risks:

• Template Limitations: The website template may not be fully unique and may be used by other customers. We are not responsible for any similarity between your website and that of another party.
• Third-Party Dependencies: Domain registration, hosting, and messaging services rely on third-party providers. Service interruptions, outages, or changes in third-party terms may impact your website or messaging capabilities.
• Renewal Risk: If you do not renew your Domain after the first year, it may expire and be permanently lost or purchased by another party.
• Content Responsibility: You are solely responsible for ensuring that all content published on the website (including text, images, and offers) complies with applicable laws, does not infringe third-party rights, and is appropriate for your business.
• Security & Access: While we take reasonable measures to secure the website, you acknowledge that no online system is entirely secure. You accept the risk of unauthorized access, cyber-attacks, or data breaches.
• Deletion Consequences: Requesting deletion of your Domain or website will result in permanent loss of associated data, traffic history, and SEO ranking, which cannot be recovered once removed.

Disclaimer of Liability

Except as expressly stated, we provide the website and Domain registration services "as-is" and disclaim all warranties of merchantability, fitness for a particular purpose, or non-infringement. Our liability for any claims arising from or related to the website or Domain shall be strictly limited to the amount paid by you for our services in the twelve (12) months preceding such claim.