Please read these terms carefully before using our services
IMPORTANT: These Terms of Service ("Terms") constitute a legally binding agreement between you and Nurture Cadence. By accessing or using our Services, you agree to be bound by these Terms. If you do not agree, do not use our Services.
These Terms of Service ("Terms") govern your access to and use of the website, mobile applications, and services (collectively, the "Services") provided by Nurture Cadence ("Company," "we," "us," or "our"), a company with its principal place of business in Ottawa, Ontario, Canada.
Legal Business Name: Nurture Cadence
By creating an account, accessing, or using our Services, you represent that:
Nurture Cadence provides a cloud-based platform for:
We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time.
To use our Services, you must create an account by providing accurate, complete, and current information. You agree to update your information to maintain its accuracy.
You are responsible for:
We are not liable for any loss or damage arising from your failure to protect your account credentials.
Account credentials are for your personal or organizational use only and may not be shared with, transferred to, or sold to third parties without our written consent.
We offer a 30-day free trial for new users. During the trial, you have access to all features. No credit card is required to start a trial. At the end of the trial period, you must subscribe to continue using the Services.
Paid subscriptions are billed on a monthly or annual basis, as selected during signup. Subscription fees are non-refundable except as required by law or as expressly stated in these Terms.
Certain services incur additional usage-based charges, including:
Current pricing is available on our website and may be updated with notice.
You authorize us to charge your designated payment method for all fees. If payment fails, we may suspend or terminate your access to the Services. You are responsible for any taxes applicable to your use of the Services.
Subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date. You may cancel at any time through your account settings or by contacting support.
You may request a full refund within 14 days of your initial subscription purchase. To request a refund, contact us at support@nurturecadence.com with your order details. Refunds will be processed within 14 days and issued to your original payment method.
Automatic subscription renewals are not eligible for refunds. To avoid being charged for the next billing period, cancel your subscription before the renewal date.
You agree to use our Services only for lawful purposes and in compliance with these Terms. You agree NOT to:
You are solely responsible for compliance with all applicable messaging laws and regulations, including but not limited to:
This includes obtaining proper consent before sending messages and honoring opt-out requests within the required timeframes.
Nurture Cadence is a technology platform only and is not the sender of record. You are solely responsible for message content, recipients, and compliance.
All SMS programs must support STOP to opt out and HELP for assistance, and you must honor opt-out requests immediately.
The Services, including all content, features, software, and technology, are owned by Nurture Cadence and protected by intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of our Services without written permission.
You retain ownership of content you upload, create, or transmit through the Services ("Your Content"). By using the Services, you grant us a limited license to use, store, process, and transmit Your Content solely to provide the Services.
If you provide feedback or suggestions about the Services, we may use this feedback without any obligation to you.
Your use of the Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Services, you consent to our collection, use, and disclosure of information as described in the Privacy Policy.
You are responsible for:
We process data on your behalf as a service provider. You remain the data controller for your contacts' personal information.
Our Services integrate with third-party services (e.g., Twilio, OpenAI, payment processors). Your use of these integrations may be subject to additional terms. We are not responsible for third-party services and make no warranties regarding their availability or performance.
We strive to maintain high availability but do not guarantee uninterrupted access. We may perform maintenance, updates, or experience outages that affect availability.
We provide customer support during business hours via email and chat. Response times and support levels may vary based on your subscription plan.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
We do not guarantee message delivery, as it depends on carriers, networks, and recipient devices outside our control.
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.
You agree to indemnify, defend, and hold harmless Nurture Cadence and its officers, directors, employees, agents, and affiliates from any claims, damages, losses, liabilities, costs, and expenses (including attorneys' fees) arising from:
You may cancel your subscription and terminate your account at any time through your account settings or by contacting support. Cancellation takes effect at the end of your current billing period.
We may suspend or terminate your access to the Services immediately, without notice, if:
Upon termination:
You may export your data before termination. We recommend downloading your contacts and data before canceling your account.
Before filing a formal dispute, you agree to contact us at legal@nurturecadence.com to attempt informal resolution.
You and Nurture Cadence agree that any dispute arising from these Terms or the Services shall be resolved through binding arbitration, rather than in court, except for claims that may be brought in small claims court.
Arbitration shall be conducted by ADR Institute of Canada under its Arbitration Rules. The arbitration shall take place in Ottawa, Ontario, Canada, unless otherwise agreed.
You agree to resolve disputes on an individual basis only. You waive the right to participate in class actions, class arbitrations, or representative actions.
Either party may seek injunctive relief in court for intellectual property infringement or unauthorized access to the Services.
These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles. The courts of Ontario shall have exclusive jurisdiction over any disputes arising from these Terms.
We may modify these Terms at any time. We will provide notice of material changes by:
Your continued use of the Services after changes become effective constitutes acceptance of the modified Terms. If you do not agree to the changes, you must stop using the Services.
These Terms, together with the Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Nurture Cadence regarding the Services.
If any provision of these Terms is found unenforceable, the remaining provisions will continue in effect.
Our failure to enforce any right or provision does not constitute a waiver of that right or provision.
You may not assign or transfer these Terms without our written consent. We may assign these Terms without restriction.
We shall not be liable for delays or failures due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, government actions, or internet/telecommunications failures.
Notices to you may be sent to the email address associated with your account. Notices to us should be sent to legal@nurturecadence.com.
For questions about these Terms, please contact us:
Nurture Cadence
Email: legal@nurturecadence.com
Ottawa, Ontario, Canada
Nurture Cadence