Fillr Terms of Service

1. Who these Terms apply to

These Terms apply to businesses and individuals who create a Fillr account and use Fillr to send offers to their own customers ("Customers"). You are responsible for any users who access the Service under your account and for all activity associated with your business.

2. Beta service

Fillr is currently offered as a beta service. That means features may change, break, or be removed with little notice. We may limit your access, throttle usage, or discontinue the beta at any time.

During beta, we may provide special pricing or promotional terms. Any such beta pricing will be communicated to you in writing (for example, on our website, onboarding materials, or in email) and may change over time.

3. Fees and billing

Fillr currently charges fees on a pay-per-fill basis during beta. The fees you owe are described on our then-current pricing page, in your account, or in a separate written agreement or offer ("Order"). We may update pricing from time to time. If we do, updated pricing will apply going forward and will not retroactively change previously incurred charges.

You are responsible for any taxes, carrier fees, or other charges resulting from your use of the Service (for example, SMS costs to your customers if applicable).

4. Your responsibilities

• You are responsible for the accuracy of all information you enter into Fillr (including customer contact details, zip codes, gap times, and offer content).
• You are responsible for obtaining and maintaining all necessary rights, consents, and permissions to send SMS and email messages to your Customers through Fillr.
• You are responsible for complying with all applicable laws and regulations, including but not limited to anti-spam rules, telemarketing and SMS rules, and privacy laws in the jurisdictions where you and your Customers are located.
• You must keep your account credentials secure and notify us promptly if you suspect unauthorized access to your account.

5. Messaging and Customer data

Fillr sends messages (such as last-minute offers and claim links) to your Customers on your behalf, using the contact details you provide. We do not own your Customers. You remain responsible for your relationship with your Customers and for any obligations you have to them.

We will not use your Customers' contact details to market our own products directly to them, except:

• to send messages you configure or authorize (such as gap offers), or
• to send limited service-related notices that are necessary to operate, secure, or troubleshoot the Service.

We may use de-identified or aggregated information derived from your use of the Service (including your Customers' activity) to operate, analyze, and improve Fillr, including training algorithms and models. We will not attempt to re-identify individuals from de-identified data.

6. Acceptable use

You may not use Fillr to send:

• Spam or unsolicited mass messaging without consent;
• Messages that are deceptive, fraudulent, or abusive, or that promote illegal activity;
• Content that infringes anyone's intellectual property, privacy, or other rights.

We may suspend or terminate access to the Service if we believe you are violating these Terms or putting our infrastructure, reputation, or other users at risk.

7. Intellectual property

We (and our licensors, if any) own all rights, title, and interest in and to the Service, including all software, designs, and underlying technology. These Terms do not grant you any ownership rights in the Service or our trademarks.

You own your data, including information about your business, routes, gaps, offers, and Customers. You grant us a limited, non-exclusive license to use that data solely to provide and improve the Service, as described in these Terms and our Privacy Policy.

8. Data protection and privacy

Our handling of personal data is described in our Privacy Policy, which is incorporated into these Terms. By using the Service, you agree to our collection and use of data as described there.

9. Disclaimers

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not guarantee that any particular gap will be filled, that your Customers will respond, or that you will achieve any particular revenue or utilization results using Fillr.

10. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, OR GOODWILL.

OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE AMOUNT YOU PAID US FOR THE SERVICE IN THE SIX (6) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

11. Termination

You may stop using the Service at any time. We may suspend or terminate your access if you violate these Terms, if we discontinue the Service, or for any other reason, subject to any separate written agreement we have with you.

Upon termination, you remain responsible for any outstanding charges. We may retain and use your data as described in these Terms and our Privacy Policy, including in de-identified or aggregated form.

12. Changes to these Terms

We may update these Terms from time to time. If we make material changes, we will notify you by email or through the Service. Your continued use of the Service after changes become effective constitutes your acceptance of the updated Terms.

13. Contact

If you have questions about these Terms, you can contact us at fillr@nexstrideconsulting.com.