Terms of Service

Welcome to Scoopify. These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "you," "your") and Scoopify ("Company," "we," "us," "our") governing your access to and use of the Scoopify platform, including our website, mobile applications, APIs, and all related services (collectively, the "Service").

PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SERVICE.

THESE TERMS CONTAIN AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS. PLEASE REVIEW SECTION 16 CAREFULLY.

1. Description of Service

Scoopify provides a software-as-a-service ("SaaS") platform designed for pet waste removal businesses. The Service includes, but is not limited to:

• Business management and customer relationship management (CRM) tools
• Scheduling and route optimization
• Mobile applications for field technicians
• Customer portal and self-service features
• Invoicing, billing, and payment processing integration
• SMS and communication tools
• Business website hosting
• API access (for applicable subscription tiers)

2. Eligibility

You must be at least 18 years of age and have the legal capacity to enter into a binding agreement to use the Service. By using the Service, you represent and warrant that:

• You are at least 18 years old
• You and your business are located in the United States
• You have the authority to bind yourself or your organization to these Terms
• Your use of the Service does not violate any applicable law or regulation
• All information you provide to us is accurate, current, and complete

IMPORTANT: The Service is currently only available to businesses operating within the United States. By creating an account, you confirm that your business is located in and operates within the United States. We reserve the right to terminate accounts that do not meet this eligibility requirement.

If you are using the Service on behalf of a business, organization, or other entity, you represent that you have the authority to bind that entity to these Terms, and "you" refers to both you individually and that entity.

3. Account Registration and Security

To access certain features of the Service, you must create an account. When creating an account, you agree to:

• Provide accurate, current, and complete registration information
• Maintain and promptly update your account information
• Maintain the security and confidentiality of your login credentials
• Immediately notify us of any unauthorized use of your account
• Accept responsibility for all activities that occur under your account

You may not share your account credentials with any third party. We reserve the right to suspend or terminate accounts that we reasonably believe are being shared or used in violation of these Terms.

4. Subscription Plans and Fees

4.1 Subscription Tiers

The Service is offered through various subscription tiers, including free and paid plans. Features, limitations, and pricing for each tier are described on our pricing page and may be updated from time to time.

4.2 Billing and Payment

For paid subscriptions, you agree to pay all fees associated with your selected plan. Fees are billed in advance on a monthly or annual basis, depending on your selection. All fees are quoted in U.S. dollars unless otherwise specified.

4.3 Automatic Renewal

Your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date. You authorize us to charge your payment method on file for all recurring fees.

4.4 Price Changes

We reserve the right to modify our pricing at any time. For existing subscribers, price changes will take effect at the start of the next billing cycle following at least 30 days' notice. Your continued use of the Service after a price change constitutes acceptance of the new pricing.

4.5 Refund Policy

Subscription fees are generally non-refundable except as required by applicable law. If you cancel a paid subscription, you will retain access to paid features until the end of your current billing period. We do not provide prorated refunds for partial billing periods. For annual subscriptions, no refunds will be issued for the remaining months after cancellation.

4.6 Transaction Fees

When you collect payments from your customers through the Service using our integrated payment processing, a platform fee of 2.9% + $0.30 per transaction applies. This fee covers payment processing and platform infrastructure costs. Transaction fees are non-refundable, even if you refund your customer.

4.7 Taxes

All fees are exclusive of applicable taxes, levies, or duties. You are responsible for paying all such taxes associated with your use of the Service, excluding taxes based on our net income.

5. Free Plan

We offer a free plan with limited features and usage caps. The free plan includes a platform fee on payments processed through the Service and delayed payouts. We reserve the right to modify the features, limits, or terms of the free plan at any time. Upgrading to a paid plan removes these limitations.

6. Acceptable Use Policy

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree NOT to:

• Violate any applicable federal, state, local, or international law or regulation
• Infringe upon the intellectual property rights of others
• Transmit any material that is defamatory, obscene, threatening, or otherwise objectionable
• Impersonate any person or entity, or falsely state your affiliation with any person or entity
• Interfere with or disrupt the Service, servers, or networks connected to the Service
• Attempt to gain unauthorized access to any portion of the Service or any systems or networks
• Use the Service to send unsolicited commercial messages (spam)
• Use the Service to collect or harvest personal information about others without consent
• Reverse engineer, decompile, or disassemble any portion of the Service
• Use any automated means (bots, scrapers, etc.) to access the Service without our written permission
• Resell, sublicense, or share your account access with third parties
• Use the Service in any manner that could damage, disable, or impair the Service

7. Your Data and Content

7.1 Ownership of Your Data

You retain all ownership rights to the data, content, and information you upload, submit, or transmit through the Service ("Your Data"). We do not claim ownership of Your Data.

7.2 License Grant to Scoopify

By uploading Your Data to the Service, you grant us a worldwide, non-exclusive, royalty-free license to use, copy, process, store, and transmit Your Data solely for the purpose of providing and improving the Service. This license terminates when you delete Your Data or close your account, except for data retained in backups or as required by law.

7.3 Your Responsibilities

You are solely responsible for Your Data and represent that you have all necessary rights and consents to upload and use Your Data through the Service. You agree that Your Data does not violate any applicable law or infringe any third-party rights.

7.4 Data Portability

You may export Your Data at any time through the tools provided in the Service or by contacting us. Upon account termination, we will make Your Data available for export for a period of 30 days, after which we may delete Your Data.

7.5 Aggregated and Anonymized Data

We may create aggregated, anonymized, or de-identified data from Your Data ("Aggregated Data"). Aggregated Data does not identify you or any individual and is not subject to these Terms. We may use Aggregated Data for any purpose, including product improvement and analytics.

8. Intellectual Property

The Service and its entire contents, features, and functionality—including but not limited to all software, code, designs, text, graphics, logos, icons, images, audio, video, and the selection and arrangement thereof—are owned by Scoopify, our licensors, or other providers and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

These Terms do not grant you any right, title, or interest in the Service or any content therein, except for the limited license to use the Service as expressly permitted by these Terms.

9. Third-Party Services

The Service integrates with and relies upon third-party services, including but not limited to:

• Stripe for payment processing
• Twilio for SMS and communication services
• Supabase for database and authentication
• Vercel for hosting and infrastructure
• Cloudinary for media storage
• Google Maps for mapping and route services

Your use of these third-party services is subject to their respective terms and privacy policies. We are not responsible for the availability, accuracy, or content of third-party services. We disclaim all liability for any errors, interruptions, or losses arising from third-party service failures.

10. SMS / Text Messaging Policy

Scoopify uses SMS messaging to enable service providers on our platform to communicate with their customers. By using the SMS features of the Service, you agree to comply with all applicable laws and regulations, including the Telephone Consumer Protection Act (TCPA) and CTIA messaging guidelines.

10.1 How It Works

Service providers using the Scoopify platform may send the following types of SMS messages to their customers:

• Service confirmations and appointment reminders
• Technician arrival ("en route") notifications
• Service completion updates
• Billing and account alerts
• Occasional promotional messages (with consent)

10.2 Consent and Opt-In

Customers opt in to receive SMS messages by providing their phone number and checking a consent checkbox when signing up for service through a provider's booking form, embeddable widget, or customer portal. Consent is not a condition of purchasing any service.

10.3 Message Frequency

Message frequency varies by service provider and service schedule but typically does not exceed 15 messages per month. Message and data rates may apply depending on your mobile carrier plan.

10.4 Opt-Out

You may opt out of SMS messages at any time by:

• Replying STOP to any message to unsubscribe immediately
• Contacting your service provider directly
• Updating your preferences in your customer portal

After opting out, you will receive a single confirmation message and no further SMS messages unless you re-opt-in.

10.5 Help

Reply HELP to any message for customer support information. You may also contact your service provider directly or email us at hi@scoopify.co.

10.6 Privacy

Phone numbers collected through the platform are used solely for service-related and consented communications. We do not sell or share phone numbers with third parties for their marketing purposes. See our Privacy Policy for full details on how we handle personal data.

10.7 Platform Responsibility

Scoopify provides the messaging infrastructure, but each service provider using our platform is responsible for ensuring proper consent is obtained from their customers before sending messages. Service providers agree to comply with the TCPA, CTIA messaging guidelines, and all applicable regulations when using our SMS features. Scoopify reserves the right to suspend messaging capabilities for any business that violates these requirements.

11. API Terms

Access to our API is available only to users on eligible subscription tiers. If you use our API, you agree to:

• Comply with all rate limits and usage restrictions
• Not use the API in a manner that exceeds reasonable request volumes or constitutes abuse
• Keep your API credentials secure and not share them with unauthorized parties
• Not use the API to build a competing product or service
• Include appropriate attribution where required

We may modify, suspend, or discontinue the API at any time with or without notice. We reserve the right to revoke API access for any user who violates these terms.

12. Service Availability and Support

12.1 Uptime

We strive to maintain high availability of the Service but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control.

12.2 Scheduled Maintenance

We will endeavor to provide advance notice of scheduled maintenance that may significantly impact Service availability.

12.3 Support

Support availability and response times vary by subscription tier. We will use commercially reasonable efforts to respond to support requests in a timely manner.

13. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SCOOPIFY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
• WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT OR INFORMATION PROVIDED THROUGH THE SERVICE
• WARRANTIES THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS
• WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE

YOU ACKNOWLEDGE THAT YOU USE THE SERVICE AT YOUR OWN RISK. WE DO NOT WARRANT THAT THE SERVICE WILL RESULT IN ANY PARTICULAR BUSINESS OUTCOMES, REVENUE, OR SAVINGS.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

IN NO EVENT SHALL SCOOPIFY, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, or business opportunities
• Loss of data or data corruption
• Loss of goodwill or reputation
• Cost of procurement of substitute services
• Business interruption
• Any other intangible losses

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS.

15. Indemnification

You agree to indemnify, defend, and hold harmless Scoopify, its affiliates, and their respective directors, officers, employees, agents, and representatives from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Service
• Your Data or any content you submit through the Service
• Your violation of these Terms
• Your violation of any applicable law or regulation
• Your violation of any third-party rights, including intellectual property rights or privacy rights
• Any dispute between you and your customers or end users
• Your operation of your pet waste removal business

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense of such claims.

16. Dispute Resolution and Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

16.1 Informal Resolution

Before initiating any formal dispute resolution, you agree to first contact us at hi@scoopify.co and attempt to resolve the dispute informally. We will attempt to resolve the dispute within 60 days of receiving your notice.

16.2 Binding Arbitration

If the dispute is not resolved informally, you and Scoopify agree to resolve any claims relating to these Terms or the Service through final and binding arbitration, except as set forth below. The arbitration will be administered by JAMS under its Streamlined Arbitration Rules and Procedures or, by mutual agreement, another established alternative dispute resolution provider.

The arbitration will be conducted in English, and the seat of arbitration shall be Los Angeles County, California. The arbitrator's decision will be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

16.3 Class Action Waiver

YOU AND SCOOPIFY AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.

The arbitrator may not consolidate more than one person's claims and may not preside over any form of class or representative proceeding. If this class action waiver is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

16.4 Exceptions

Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights or unauthorized access to confidential information.

16.5 Opt-Out

You may opt out of this arbitration agreement by sending written notice to hi@scoopify.co within 30 days of first accepting these Terms. The notice must include your name, account email, and a clear statement that you wish to opt out of arbitration. If you opt out, you and Scoopify will resolve disputes in accordance with Section 17.

17. Governing Law and Jurisdiction

These Terms and your use of the Service shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law principles.

For any disputes not subject to arbitration, you agree to submit to the exclusive jurisdiction of the state and federal courts located in Los Angeles County, California, and you waive any objection to venue in such courts.

18. Termination

18.1 Termination by You

You may terminate your account at any time by canceling your subscription through your account settings or by contacting us. Upon termination, you will retain access to paid features until the end of your current billing period.

18.2 Termination by Scoopify

We may suspend or terminate your account immediately, with or without notice, if we reasonably believe that you have violated these Terms, engaged in fraudulent or illegal activity, or for any other reason at our sole discretion.

18.3 Effect of Termination

Upon termination: (a) your right to access and use the Service will immediately cease; (b) you remain liable for all fees incurred prior to termination; (c) we may delete Your Data after 30 days; and (d) all provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnification, and limitations of liability.

19. Force Majeure

Scoopify shall not be liable for any failure or delay in performing our obligations under these Terms if such failure or delay results from circumstances beyond our reasonable control, including but not limited to: acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, epidemics, pandemics, strikes, power outages, internet or telecommunications failures, or actions or omissions of third-party service providers.

20. Changes to Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by email or through the Service at least 30 days before the changes take effect. Your continued use of the Service after the changes become effective constitutes your acceptance of the revised Terms.

If you do not agree to the revised Terms, you must stop using the Service and cancel your account before the changes take effect.

21. General Provisions

21.1 Entire Agreement

These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and Scoopify regarding the Service and supersede all prior agreements and understandings.

21.2 Severability

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

21.3 Waiver

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

21.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without your consent in connection with a merger, acquisition, reorganization, or sale of all or substantially all of our assets.

21.5 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights in any individual or entity that is not a party to these Terms.

21.6 Headings

The section headings in these Terms are for convenience only and have no legal or contractual effect.

22. Contact Information

If you have any questions about these Terms of Service, please contact us at: