1. Acceptance of terms
These Terms of Service (the "Terms") form a binding agreement between you and Tendly, Inc. ("Tendly", "we", "us") governing your access to and use of the Tendly platform, applications, APIs, and related services (collectively, the "Service"). By creating an account, accessing the Service, or clicking "I agree", you accept these Terms. If you are using the Service on behalf of a business, you represent that you have authority to bind that business, and "you" refers to that business.
2. The Service
Tendly provides a multi-channel communications and operations platform for home service businesses. The Service may include tenant websites, AI phone and SMS agents, lead management, a customer pipeline, follow-up automation, review request automation, estimating, scheduling, payments, and analytics. The Service is delivered as a subscription. Specific features available to you depend on the subscription tier you select.
3. Eligibility and account
- You must be at least 18 years old and able to enter into a binding contract to use the Service.
- You are responsible for keeping your credentials secure and for all activity that occurs under your account.
- You must provide accurate information at signup and keep it current, including billing information.
- You must promptly notify us at security@usetendly.com of any suspected unauthorized access.
4. Subscriptions, billing, and taxes
Subscription fees, setup fees, and per-message or per-minute usage charges are billed in advance or as incurred, based on the plan you select. By providing a payment method you authorize us to charge it for all fees owed under your subscription, including applicable taxes. Subscriptions renew automatically at the end of each billing period unless cancelled before renewal. Failed payments may trigger a grace period; sustained non-payment may result in suspension or termination. Except where required by law, fees are non-refundable.
5. Acceptable use
Your use of the Service is governed by our Acceptable Use Policy. You must not use the Service to send unlawful, harassing, deceptive, or unsolicited communications; to violate any rights of any person; to reverse engineer or scrape the Service except where permitted by law; or to interfere with the integrity or performance of the Service. Violations may result in suspension or termination without refund.
6. Your content and customer data
You retain all rights in the data you upload or generate through the Service, including customer records, conversations, photos, files, and business configuration (collectively, "Your Content"). You grant Tendly a worldwide, non-exclusive, royalty-free license to host, process, transmit, and display Your Content solely as necessary to provide, secure, support, and improve the Service for you. We do not sell Your Content. How we handle personal data is described in our Privacy Policy.
7. AI features and automated communications
The Service includes AI agents that can send SMS messages, answer or place calls, propose actions, and draft responses on your behalf. AI output is generated automatically and may be inaccurate or incomplete. You are responsible for the messages, calls, and other actions taken from your account, including compliance with the Telephone Consumer Protection Act (TCPA), CAN-SPAM, CTIA messaging principles, FCC rules, the Federal Trade Commission Act, and any other applicable consumer protection, advertising, and telemarketing laws. Tendly provides tools (opt-out handling, consent capture, quiet hours, autonomy controls) but you remain the sender of record and the controller of how the AI is configured and approved to act.
You will not use AI features to make calls or send messages to people who have not consented, to impersonate any person, to provide regulated advice (medical, legal, financial) without appropriate review, or in any way that would violate this Section.
8. Third-party services
The Service is delivered using third-party subprocessors and integrates with third-party services (for example Twilio, Stripe, Deepgram, and email delivery providers). Your use of third-party services may be subject to their separate terms. Tendly is not responsible for the availability or behavior of third parties, though we use reasonable care in selecting them. A current list of subprocessors is in our Privacy Policy.
9. Service availability and support
Tendly targets high availability but does not guarantee uninterrupted service. We may schedule maintenance with reasonable notice. Support is provided per the plan you purchased.
10. Confidentiality
Each party will protect the other's confidential information with the same care it uses for its own (and no less than reasonable care), and will use it only to perform under these Terms. This does not apply to information that is or becomes public through no fault of the receiving party, was already known, is independently developed, or is rightfully received from a third party.
11. Suspension and termination
Either party may terminate the subscription on 30 days' notice prior to the next renewal. Tendly may suspend or terminate the Service immediately for material breach, suspected fraud, non-payment, security risk, or Acceptable Use Policy violations. On termination you may export Your Content for up to 30 days; after that, Tendly may delete it in the ordinary course of business, subject to legal retention obligations described in the Privacy Policy.
12. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TENDLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT AI-GENERATED OUTPUT WILL BE ACCURATE OR SUITABLE FOR A PARTICULAR USE.
13. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST GOODWILL, OR LOSS OF DATA, EVEN IF ADVISED OF THE POSSIBILITY. EACH PARTY'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE FEES YOU PAID TO TENDLY IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THESE LIMITS APPLY REGARDLESS OF THE THEORY OF LIABILITY.
14. Indemnification
You will defend, indemnify, and hold Tendly harmless from and against any third-party claim arising out of (a) Your Content, (b) your use of the Service in violation of these Terms or applicable law, including telemarketing and messaging laws, or (c) your dispute with any end user, customer, or contractor. Tendly will defend, indemnify, and hold you harmless from a third-party claim that the Service as provided by Tendly infringes a valid US patent, copyright, or trade secret, subject to standard exclusions.
15. Beta features
Features labeled beta, preview, or experimental are provided without any warranty and may be changed or removed at any time.
16. Governing law and disputes
These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-laws principles. The parties consent to the exclusive jurisdiction of the state and federal courts located in Delaware for any dispute that is not subject to arbitration. Either party may seek injunctive relief in any court of competent jurisdiction to protect its intellectual property or confidential information.
17. Changes to the Terms
We may update these Terms; the "Last updated" date above reflects the most recent change. We will provide notice of material changes by email or in-product notice. Continued use of the Service after the effective date of an update constitutes acceptance of the updated Terms.
18. Miscellaneous
- Entire agreement. These Terms, together with the Privacy Policy, the Acceptable Use Policy, and any order form or written addendum, are the entire agreement between the parties on this subject.
- Assignment. You may not assign these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
- No waiver. Failure to enforce any provision is not a waiver.
- Severability. If any provision is held unenforceable, the rest of the Terms remain in effect.
- Force majeure. Neither party is liable for delays caused by events outside its reasonable control.
- Notices. Legal notices to Tendly must be sent to legal@usetendly.com.
19. Contact
Questions about these Terms? legal@usetendly.com