Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your," or "User") and Majestro ("we," "us," or "Company") governing your use of our website, mobile applications, and services (collectively, the "Services").

By creating an account, accessing, or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, do not use our Services.

We may modify these Terms at any time. We will notify you of material changes via email at least 30 days before they take effect. Your continued use of the Services after changes become effective constitutes acceptance of the modified Terms.

2. Definitions

• "Services" means Majestro's business automation platform, including website creation and hosting, CRM system, email and SMS automation, review management, mobile applications, and related services.
• "Customer Data" means information about your customers that you upload, store, or process through our Services.
• "Account" means your Majestro user account and associated subscription.
• "Subscription" means your paid access to the Services for a specified term.
• "Content" means text, images, logos, graphics, and other materials you upload or create using our Services.

3. Service Description

Majestro provides a comprehensive business automation platform designed for service professionals. Our Services include:

3.1 Core Services

• Professional Website: We create and host a custom website for your business based on your specifications and our templates.
• CRM System: Customer relationship management tools to store and manage your customer information.
• Email Automation: Automated email sending capabilities to communicate with your customers.
• SMS Automation: Automated SMS/text message sending to your customers (subject to carrier fees and limitations).
• Review Management: Tools to collect and manage customer reviews from Google and other platforms.
• Mobile App Access: Mobile applications for iOS and Android to manage your business on the go.
• Analytics: Usage statistics and insights about your business performance.
• Customer Support: 24/7 phone support and email support.

3.2 Service Modifications

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice. We are not liable to you or any third party for any modification, suspension, or discontinuation of the Services.

We will make reasonable efforts to notify you of significant changes that materially affect your use of the Services.

4. Eligibility and Account Registration

4.1 Eligibility

To use our Services, you must:

• Be at least 18 years old
• Be capable of entering into a legally binding contract
• Operate or represent a legitimate business entity
• Not be prohibited from using the Services under applicable laws
• Not have been previously banned from using our Services

4.2 Account Registration

When creating an account, you must:

• Provide accurate, current, and complete information
• Maintain and update your information to keep it accurate
• Not impersonate any person or entity
• Not use a name or email address you do not have the right to use

4.3 Account Security

You are responsible for:

• Maintaining the confidentiality of your password and account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access or security breach

We are not liable for any loss or damage arising from your failure to protect your account credentials.

5. Subscription Plans and Payment Terms

5.1 Subscription Plans

We offer the following subscription plans:

• 1 Month Plan: $297 per month
• 3 Month Plan: $797 total (10% savings)
• 1 Year Plan: $2,997 total (16% savings)

All plans include all features described in Section 3.1. Prices are subject to change upon 30 days' notice.

5.2 Payment

• Payment is processed securely through Stripe, our third-party payment processor.
• You authorize us to charge your payment method for all fees incurred.
• Payments are due at the start of each billing period.
• All fees are in U.S. dollars.
• Fees are non-refundable except as specified in Section 5.4.

5.3 Auto-Renewal

All subscriptions automatically renew at the end of each term unless you cancel before the renewal date.

• 1 Month Plans renew monthly
• 3 Month Plans renew for another 3-month term
• 1 Year Plans renew for another 1-year term

We will charge your payment method on file at the then-current subscription rate. We will send you a reminder email before charging your payment method for renewal.

5.4 Refund Policy

Refunds are handled as follows:

• 1 Month Plans: No refunds. You may cancel at any time to prevent future charges, but no refund will be provided for the current month.
• 3 Month and 1 Year Plans: Pro-rated refunds available only within the first 30 days of your initial purchase. After 30 days, no refunds are provided.
• Renewals: No refunds for renewal charges. Cancel before the renewal date to avoid charges.
• Chargebacks: Initiating a chargeback will result in immediate account suspension and may be treated as a violation of these Terms.

To request a refund (if eligible), contact hello@majestro.com within the applicable refund period.

5.5 Failed Payments

If payment fails:

• We will attempt to retry the charge up to 3 times over 10 days
• We will notify you via email of the failed payment
• Your account may be suspended until payment is received
• We may charge a $25 failed payment fee
• If payment is not received within 30 days, your account may be terminated and your data deleted

5.6 Taxes

You are responsible for all applicable sales, use, and excise taxes, and any other similar taxes, duties, and charges related to your subscription. If we are required to collect or pay taxes, they will be added to your invoice.

6. Cancellation and Termination

6.1 Your Right to Cancel

You may cancel your subscription at any time through your account settings or by contacting hello@majestro.com. Cancellation takes effect at the end of your current billing period. You will retain access to the Services until the end of the paid period.

6.2 Our Right to Suspend or Terminate

We may suspend or terminate your account immediately, without notice, if:

• You breach these Terms
• Your use of the Services poses a security risk or could damage our systems or reputation
• You engage in fraudulent or illegal activities
• Your payment fails or your account is past due
• You violate applicable laws (including TCPA, CAN-SPAM, or anti-spam laws)
• We receive complaints about your use of the Services
• As required by law or government order

6.3 Effect of Termination

Upon termination or cancellation:

• Your access to the Services will immediately cease
• Your website will be taken offline
• You will have 30 days to export your Customer Data
• After 90 days, all your data will be permanently deleted from our systems
• You remain liable for all fees incurred prior to termination
• Sections that by their nature should survive termination will survive (including Sections 7, 10, 11, 12, 13, and 14)

7. User Responsibilities and Acceptable Use

7.1 General Responsibilities

You are responsible for:

• All Content you upload or create using the Services
• All Customer Data you store in our systems
• All communications sent through our Services
• Maintaining backup copies of your data
• Ensuring your use complies with all applicable laws and regulations

7.2 TCPA and SMS Compliance (CRITICAL)

You represent, warrant, and agree that:

• You have obtained prior express written consent from each recipient before sending any SMS messages
• Your consent mechanism complies with TCPA requirements (clear disclosure, opt-in mechanism, terms and conditions)
• You maintain records of consent for each recipient
• You honor opt-out requests immediately
• You do not send messages to phone numbers on the National Do Not Call Registry without proper consent
• You comply with all applicable federal and state laws regarding SMS communications
• You will not use automated dialing systems except as permitted by law

TCPA violations can result in penalties of $500-$1,500 per text message. You agree to indemnify and hold Majestro harmless from any TCPA claims, penalties, or damages arising from your use of our SMS features.

7.3 CAN-SPAM and Email Compliance (CRITICAL)

You represent, warrant, and agree that:

• You will not use false or misleading header information
• You will not use deceptive subject lines
• You will identify your messages as advertisements when applicable
• You will include your valid physical postal address in all emails
• You will honor opt-out requests within 10 business days
• You will not sell or transfer email addresses of people who opt out
• You will monitor what others are doing on your behalf (if you hire a third party)

CAN-SPAM violations can result in penalties of up to $46,517 per email. You agree to indemnify and hold Majestro harmless from any CAN-SPAM claims, penalties, or damages arising from your use of our email features.

7.4 Prohibited Activities

You may NOT use our Services to:

• Send spam, unsolicited commercial messages, or bulk emails/SMS
• Engage in any illegal activities
• Violate any person's privacy or intellectual property rights
• Upload viruses, malware, or malicious code
• Attempt to gain unauthorized access to our systems
• Interfere with or disrupt the Services
• Impersonate any person or entity
• Collect information about other users without their consent
• Use the Services for any business that competes with Majestro
• Reverse engineer, decompile, or disassemble the Services
• Create fake or fraudulent reviews
• Incentivize or pay for reviews
• Violate Google's Terms of Service or any third-party platform policies
• Send communications that contain adult content, violence, hate speech, or discrimination
• Engage in phishing, pyramid schemes, or other fraudulent activities
• Use the Services in any way that could damage, disable, or impair our servers or networks

7.5 Compliance Monitoring

We reserve the right to monitor your use of the Services to ensure compliance with these Terms and applicable laws. We may review your Content and communications, and suspend or terminate your account if we determine you are violating these Terms.

8. Intellectual Property Rights

8.1 Our Intellectual Property

The Services, including all software, designs, text, graphics, logos, icons, images, audio clips, data compilations, and other materials (excluding your Content), are owned by Majestro or our licensors and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your business purposes in accordance with these Terms. This license does not include any right to:

• Resell or make commercial use of the Services
• Modify, copy, or create derivative works
• Download or copy account information for the benefit of others
• Use data mining, robots, or similar data gathering tools

8.2 Your Content and Data

You retain all ownership rights to your Content and Customer Data. By using the Services, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, store, modify, and display your Content solely as necessary to provide the Services to you.

This license ends when you delete your Content or terminate your account, except that:

• Backup copies may persist for up to 90 days
• Content you've shared with others may continue to appear
• We may retain certain information as required by law

8.3 Website Templates and Generated Content

We provide website templates and may generate content for your website. You have a license to use these materials as part of your website while you maintain an active subscription. Upon termination, you must cease using our templates and any Majestro-branded materials.

8.4 Trademarks

"Majestro" and our logos are trademarks of Majestro. You may not use our trademarks without our prior written consent. Your website may include a "Powered by Majestro" badge or similar attribution, which you agree not to remove or modify.

8.5 Copyright Infringement and DMCA

We respect intellectual property rights. If you believe your copyright has been infringed, send a notice to: dmca@majestro.com with:

• Identification of the copyrighted work
• Identification of the infringing material
• Your contact information
• A statement of good faith belief that use is unauthorized
• A statement that information is accurate and you are authorized to act
• Your physical or electronic signature

9. Data and Privacy

9.1 Privacy Policy

Our collection and use of personal information is described in our Privacy Policy, which is incorporated into these Terms by reference.

9.2 Your Role as Data Controller

As the Data Controller, you are responsible for:

• Obtaining all necessary consents from your customers before storing their data
• Providing privacy notices to your customers about how their data will be used
• Ensuring you have a lawful basis to process your customers' personal data
• Responding to data subject requests (access, deletion, correction) from your customers
• Complying with all applicable data protection laws regarding your customers' data
• Maintaining appropriate records of your data processing activities
• Notifying affected customers in the event of a data breach involving their information

As the Data Processor, Majestro will:

• Process Customer Data only on your instructions and as necessary to provide the Services
• Implement appropriate security measures to protect Customer Data
• Assist you in responding to data subject requests when feasible
• Notify you of any data breach affecting Customer Data without undue delay
• Delete or return Customer Data upon termination of Services (subject to our retention policy)

You agree to indemnify Majestro against any claims, fines, or penalties arising from your failure to comply with data protection laws or obtain necessary consents from your customers.

10. Service Availability and Performance

10.1 Availability

While we strive for 99.9% uptime, we do not guarantee that the Services will be available at all times or that they will be uninterrupted, secure, or error-free. The Services may be unavailable due to:

• Scheduled maintenance (which we will announce in advance when possible)
• Emergency maintenance
• Technical difficulties
• Third-party service failures
• Force majeure events
• Issues with your internet connection or device

We are not liable for any loss or damage resulting from service unavailability or interruptions.

10.2 Backup and Data Loss

While we maintain regular backups of our systems, you are responsible for maintaining your own backup copies of your Content and Customer Data. We are not responsible for any loss or corruption of data, or for any costs or expenses associated with recovering or reconstructing lost or corrupted data.

10.3 Third-Party Services

Our Services integrate with third-party services (e.g., Stripe for payments, Google for reviews, SMS providers). We are not responsible for:

• The availability, reliability, or performance of third-party services
• Changes to third-party APIs or terms of service
• Fees charged by third-party services (such as SMS carrier fees)
• Third-party service failures or data breaches

11. Disclaimers

No Business Results Guarantee: While our marketing materials may reference statistics about time savings, revenue increases, or review growth, these are examples and not guarantees. Your actual results will depend on many factors including your business, market, effort, and factors outside our control. We make no promises about the business results you will achieve using our Services.

12. Limitation of Liability

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for incidental or consequential damages. In such jurisdictions, our liability will be limited to the greatest extent permitted by law.

13. Indemnification

You agree to indemnify, defend, and hold harmless Majestro, its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, costs, claims, and demands, including reasonable attorneys' fees, due to or arising out of:

• Your use of the Services in violation of these Terms
• Your violation of any law or regulation
• Your violation of any rights of a third party
• Your Content or Customer Data
• Any communications you send through our Services
• Claims related to TCPA violations arising from your SMS communications
• Claims related to CAN-SPAM violations arising from your email communications
• Claims related to data protection law violations regarding your Customer Data
• Claims that your use of the Services infringes any intellectual property rights
• Your failure to obtain necessary consents or permissions

This indemnification obligation will survive termination of these Terms and your use of the Services.

14. Dispute Resolution

14.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

14.2 Informal Resolution

Before filing a claim, you agree to contact us at legal@majestro.com and attempt to resolve the dispute informally. We will do the same. If a dispute is not resolved within 60 days, either party may initiate arbitration.

14.3 Binding Arbitration

Any dispute, controversy, or claim arising out of or relating to these Terms or the Services that cannot be resolved informally shall be settled by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules.

The arbitration shall be conducted by a single arbitrator, and the arbitration shall take place in Delaware, or remotely via video conference at the option of the party seeking relief. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Each party shall bear its own costs and attorney fees associated with the arbitration, unless the arbitrator determines that one party is the prevailing party, in which case the prevailing party may be awarded reasonable costs and attorney fees.

14.4 Class Action Waiver

Claims may not be arbitrated on a class or representative basis. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a class or representative proceeding.

14.5 Exceptions to Arbitration

Either party may seek equitable relief in court for infringement or other misuse of intellectual property rights. Additionally, either party may bring an individual action in small claims court if the claim qualifies.

14.6 Venue

If arbitration is not required or is found to be unenforceable, you agree that any judicial proceeding shall be brought exclusively in the federal or state courts located in Delaware, and you consent to personal jurisdiction in those courts.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Majestro regarding the Services and supersede all prior agreements and understandings.

15.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

15.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of Majestro.

15.4 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms without restriction. Any attempted assignment in violation of this section shall be void.

15.5 Force Majeure

We shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

15.6 Relationship

These Terms do not create any agency, partnership, joint venture, or employment relationship between you and Majestro. You are an independent contractor and have no authority to bind Majestro.

15.7 Survival

The following sections shall survive termination of these Terms: 5 (Payment), 7 (User Responsibilities), 8 (Intellectual Property), 9 (Data and Privacy), 11 (Disclaimers), 12 (Limitation of Liability), 13 (Indemnification), 14 (Dispute Resolution), and 15 (General Provisions).

15.8 Notices

All notices to you will be sent to the email address associated with your account. Notices to us should be sent to legal@majestro.com. Notices are deemed given when sent.

15.9 Export Control

The Services may be subject to U.S. export control laws. You may not use, export, or re-export the Services except as authorized by U.S. law and the laws of the jurisdiction in which the Services were obtained.

15.10 Government Use

If you are a U.S. government entity, the Services are "Commercial Items" as defined at 48 C.F.R. §2.101, and you have only the rights set forth in these Terms.

16. Contact Information

For questions about these Terms, please contact us: