Terms of Service

These Terms of Service ("Terms") govern your access to and use of telltailhq.com and its subdomains (the "Site") and Telltail's point of sale software and related services (together with the Site, the "Services"), provided by Telltail Dynamics LLC ("Telltail," "we," "us"). By using the Services you agree to these Terms. If you use the Services on behalf of a business, you agree to them on that business's behalf and confirm you have authority to do so.

1. The Services

Telltail provides software that helps bike shops run sales, inventory, service and customer communication. We may change, add or remove features over time. Early-access and pre-release features are offered as they are and may change or be withdrawn without notice.

2. Accounts

You must provide accurate information when you create an account and keep it current. You are responsible for your account credentials, for the staff you give access to, and for all activity under your account. Tell us promptly at support@telltailhq.com if you suspect unauthorized use. You must be at least 18 years old to create an account.

3. Fees and payment

Paid plans are billed in advance on a recurring basis at the prices shown when you subscribe. Fees are non-refundable except where required by law or stated otherwise in writing. You are responsible for applicable taxes. We may change prices with at least 30 days' notice, effective at your next billing period. If payment fails, we may suspend paid features until the account is brought current.

Card payments you accept from your customers through the Services are processed by a third-party payment processor under that processor's own terms, which you agree to when you enable payments. Processing fees, chargebacks and payouts are governed by those terms.

4. Your data

You keep all rights to the data you and your staff put into the Services, including information about your customers, sales and inventory ("Shop Data"). You grant Telltail a limited license to host, process and display Shop Data only as needed to provide and support the Services. You are responsible for having the rights and consents needed to collect and use Shop Data, including consent to send text messages and email to your customers. You can export your Shop Data while your account is active and for a reasonable period after it ends. Our Privacy Policy describes how we handle personal information.

5. Acceptable use

You agree not to:

• Use the Services for anything unlawful, fraudulent or harmful.
• Send spam or messages to people who have not agreed to receive them.
• Upload malicious code, or try to gain unauthorized access to the Services or to other shops' data.
• Interfere with or overload the Services, or probe, scan or test their vulnerability without our written permission.
• Copy, resell, reverse engineer or build a competing product from the Services, except as the law expressly allows.
• Infringe anyone's intellectual property or privacy rights.

6. Third-party services

The Services may connect to third-party products, such as payment processors, messaging carriers, supplier catalogs and hardware. Your use of them is governed by their terms, and we are not responsible for them.

7. Our intellectual property

The Services, including the software, design, text and graphics, are owned by Telltail and its licensors and are protected by law. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable right to use the Services for your business. If you send us feedback or suggestions, we may use them without obligation to you.

8. Suspension and termination

You may stop using the Services and cancel your subscription at any time; cancellation takes effect at the end of the current billing period. We may suspend or terminate your access if you breach these Terms, fail to pay, or if your use creates a security or legal risk, and we will give notice where reasonably possible. Sections that by their nature should survive termination, including 4, 7, 9, 10, 11 and 13, will survive.

9. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, TELLTAIL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE. You are responsible for your own accounting, tax filings and record keeping, and for checking the results the Services produce.

10. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, TELLTAIL WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA OR GOODWILL, ARISING OUT OF OR RELATING TO THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY. TELLTAIL'S TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF THE AMOUNTS YOU PAID US IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR $100.

11. Indemnity

You will defend, indemnify and hold harmless Telltail and its officers, employees and agents from any claims, damages and expenses (including reasonable attorneys' fees) arising from your Shop Data, your use of the Services, or your breach of these Terms or of the law.

12. Changes to these Terms

We may update these Terms from time to time. When we do, we will change the date at the top of this page, and if the changes are material we will give notice through the Services or by email before they take effect. Continuing to use the Services after changes take effect means you accept them.

13. General

These Terms are governed by the laws of the State of Minnesota, without regard to its conflict-of-laws rules, and the state and federal courts located in Minnesota have exclusive jurisdiction over any dispute relating to them. These Terms, together with any order form or plan terms you accept, are the entire agreement between you and Telltail about the Services. If any provision is found unenforceable, the rest remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition or sale of assets. Neither party is liable for delays caused by events beyond its reasonable control.

14. Contact

Questions about these Terms can be sent to support@telltailhq.com.