1. Acceptance of these Terms
These Terms of Service (the "Terms") form a binding agreement between you and Salenous ("Salenous," "we," "us," or "our") and govern your access to and use of the Salenous platform, website, mobile applications, APIs, and related services (together, the "Service"). By creating an account, installing Salenous, or using any part of the Service, you agree to these Terms. If you do not agree, you must not use the Service.
If you are using the Service on behalf of a company or other legal entity, you represent that you have authority to bind that entity to these Terms. In that case, "you" and "your" refer to both you personally and the entity you represent.
2. Definitions
- Account means the account you register with Salenous to access the Service.
- Customer Data means the information, files, records, and content you or your End Users submit to or generate through the Service, including any information you collect from your own customers.
- End User means any person who interacts with your membership site, store, course, affiliate program, or other property operated through the Service.
- Subscription means the paid plan you select for access to the Service.
- Third-Party Service means any software, application, or service provided by a party other than Salenous that you connect to the Service.
3. Eligibility and Accounts
You must be at least 18 years old and legally capable of entering into a binding contract to use the Service. By registering, you confirm that the information you provide is accurate, current, and complete, and that you will keep it up to date.
You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your Account. You agree to notify us immediately if you suspect any unauthorized use of your Account. We may require identity verification at any time and may refuse, suspend, or terminate Accounts that fail verification or that we reasonably believe are fraudulent.
You may not share your Account with others, create Accounts for another person without their consent, or register more than one Account per person or entity without our written permission.
4. Subscription Plans and Billing
Salenous offers Subscriptions on a free tier and on paid tiers with monthly or annual billing. The features, limits, and pricing of each tier are described on our pricing page and may be updated from time to time. By selecting a paid Subscription, you authorize us (or our payment processor) to charge the recurring fees for your chosen plan to your payment method until you cancel.
Subscriptions automatically renew at the end of each billing cycle unless you cancel before the renewal date. If your payment method fails, we may attempt to charge again, and we may suspend access to the Service until payment is received.
All fees are exclusive of applicable taxes, which you are responsible for paying, unless we are required by law to collect them on your behalf.
5. Free Plan and Trials
We may offer a free plan or promotional trial that gives you limited access to the Service. Free plans and trials are provided at our discretion and may be modified or discontinued at any time. We may require you to add a payment method before starting a trial, and your Account will convert to a paid Subscription at the end of the trial unless you cancel first.
6. Cancellation and Refunds
You may cancel your Subscription at any time from your Account settings. Cancellation takes effect at the end of your current billing period, and you will retain access until that date. Except where required by law, fees already paid are non-refundable, and we do not provide credits or refunds for unused portions of a billing period, downgrades, or cancellations made in the middle of a cycle.
We may issue refunds at our discretion for technical issues, billing errors, or other reasonable circumstances.
7. License to Use Salenous
Subject to your compliance with these Terms and payment of any applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your internal business purposes during the term of your Subscription.
You agree that you will not:
- Copy, modify, translate, or create derivative works of the Service, except as expressly permitted by these Terms.
- Reverse engineer, decompile, or disassemble any part of the Service, except to the extent this restriction is prohibited by law.
- Sell, resell, sublicense, lease, or rent the Service to a third party, or make it available as part of a service bureau or white-label product, without our written consent.
- Remove or alter proprietary notices, trademarks, or labels within the Service.
- Use the Service to build a competing product or publish benchmarks of its performance without our written consent.
8. Your Content and Customer Data
You retain all rights, title, and interest in the Customer Data you submit or generate through the Service. You grant us a worldwide, royalty-free, non-exclusive license to host, store, copy, transmit, display, and process Customer Data solely as needed to provide, maintain, and improve the Service, to support your use of the Service, and to comply with legal obligations.
You are solely responsible for your Customer Data, including its accuracy, legality, and quality, and for obtaining all necessary rights and consents to submit it to the Service. You represent that your collection, use, and sharing of End User information through the Service complies with all applicable laws, including data protection and consumer protection laws such as the GDPR, CCPA, and CAN-SPAM.
You are responsible for backing up your Customer Data. While we take reasonable measures to protect it, we are not liable for loss or corruption of data, and we encourage you to export backups regularly.
9. Acceptable Use
You agree not to use the Service to:
- Violate any law, regulation, or the rights of any third party.
- Upload, store, or transmit content that is infringing, defamatory, obscene, threatening, harassing, or otherwise objectionable.
- Send spam or unsolicited commercial messages in violation of anti-spam laws such as CAN-SPAM, CASL, or GDPR.
- Distribute malware, spyware, viruses, or other harmful code.
- Attempt to gain unauthorized access to the Service, other Accounts, or our systems.
- Interfere with or disrupt the integrity or performance of the Service, including by flooding, scraping, or stress-testing without permission.
- Process payments for goods or services that are illegal, fraudulent, or that violate the policies of our payment partners.
- Sell, promote, or distribute firearms, explosives, controlled substances, counterfeit goods, adult content involving minors, gambling services in restricted jurisdictions, or any other category of product we prohibit in writing.
- Circumvent usage limits, access controls, or billing mechanisms.
We may investigate any suspected violation and take any action we consider appropriate, including removing content, suspending your Account, or reporting you to the relevant authorities.
10. Third-Party Services and Payment Processors
The Service integrates with Third-Party Services such as PayPal, Stripe, ClickBank, 2Checkout, and various email providers. We are not responsible for the availability, accuracy, performance, or policies of any Third-Party Service, and your use of them is governed by their own terms and privacy policies.
When you connect a payment processor, the processor (not Salenous) holds, transfers, and settles funds from your End Users. Salenous does not act as a merchant of record and does not collect or remit your transaction revenue. You are responsible for setting up, maintaining, and complying with the terms of any payment processor you use, including tax collection and reporting obligations that result from your sales.
11. Service Availability and Modifications
We work to keep the Service available and reliable but do not guarantee uninterrupted or error-free operation. Scheduled maintenance, upgrades, hardware failures, attacks, and events beyond our reasonable control may cause downtime. We may add, change, or remove features of the Service at any time and will make reasonable efforts to notify you of material changes that affect your use.
12. Intellectual Property
The Service, including its software, code, design, text, graphics, logos, and trademarks, is owned by Salenous or our licensors and is protected by copyright, trademark, and other intellectual property laws. Except for the limited license granted in these Terms, you receive no ownership rights in the Service.
If you submit feedback, ideas, or suggestions ("Feedback"), you grant us a perpetual, irrevocable, royalty-free, worldwide license to use and incorporate the Feedback into the Service without any obligation to you.
13. Confidentiality
Each party may receive information from the other that is marked confidential or that should reasonably be understood as confidential ("Confidential Information"). Each party agrees to protect the other's Confidential Information with at least the same degree of care it uses to protect its own, and to use it only as needed to perform its obligations under these Terms. This section does not apply to information that is publicly available, already known to the recipient, or independently developed without reference to the disclosing party's information.
14. Disclaimers of Warranty
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, SALENOUS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT ANY DATA LOSS WILL NOT OCCUR. YOU USE THE SERVICE AT YOUR OWN RISK.
15. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, SALENOUS AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL LIABILITY UNDER THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID SALENOUS IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED US DOLLARS ($100).
16. Indemnification
You agree to defend, indemnify, and hold harmless Salenous and its affiliates, officers, employees, and agents from any claim, liability, damage, loss, or expense (including reasonable attorneys' fees) arising out of or related to:
- Your use of the Service.
- Your Customer Data or content posted through the Service.
- Your violation of these Terms or applicable law.
- Your violation of any third-party right, including intellectual property or privacy rights.
- Any dispute between you and an End User.
We will promptly notify you of any claim and cooperate reasonably with your defense at your expense.
17. Suspension and Termination
You may stop using the Service at any time and cancel your Subscription from your Account settings. We may suspend or terminate your Account, with or without notice, if you breach these Terms, fail to pay fees, engage in fraudulent or harmful activity, or if we are required to do so by law. Upon termination, your right to access the Service ends immediately, and we may delete your Customer Data after a reasonable retention period unless the law requires us to keep it longer.
Sections that by their nature should survive termination, including intellectual property, confidentiality, disclaimers, limitations of liability, indemnification, and dispute resolution, will survive.
18. Copyright and DMCA
We respect intellectual property rights. If you believe content on the Service infringes your copyright, please send a notice to our designated copyright agent at [email protected] with the information required by the Digital Millennium Copyright Act (DMCA), including:
- A physical or electronic signature of the copyright owner or authorized agent.
- Identification of the copyrighted work claimed to be infringed.
- Identification of the infringing material and its location on the Service.
- Your contact information.
- A statement that you have a good-faith belief that the use is not authorized by the copyright owner.
- A statement, under penalty of perjury, that the information is accurate and that you are authorized to act.
We may remove infringing content and terminate the Accounts of repeat infringers.
19. Governing Law and Dispute Resolution
These Terms are governed by the laws of the jurisdiction where Salenous is established, without regard to conflict-of-laws rules. You and Salenous agree to try in good faith to resolve any dispute informally by contacting us at [email protected] before filing a formal claim.
If a dispute cannot be resolved informally within sixty (60) days, you and Salenous agree to resolve it through binding arbitration on an individual basis, under the rules of a recognized arbitration provider in the jurisdiction where Salenous is established. You and Salenous waive the right to participate in a class action or a jury trial. Either party may seek injunctive relief in court to protect intellectual property rights or confidential information.
20. 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 by posting a notice in the Service at least thirty (30) days before the changes take effect. Your continued use of the Service after the changes become effective constitutes acceptance of the updated Terms. If you do not agree, you may cancel your Subscription.
21. General Provisions
- Entire Agreement. These Terms, together with our Privacy Policy and any order form or plan you purchase, constitute the entire agreement between you and Salenous.
- Severability. If any provision is held invalid or unenforceable, the remaining provisions will continue in full force.
- No Waiver. Our failure to enforce any right is not a waiver of that right.
- Assignment. You may not assign these Terms without our consent. We may assign them to any affiliate or successor.
- Force Majeure. Neither party will be liable for delays or failures caused by events beyond reasonable control, including natural disasters, war, labor disputes, or internet service provider failures.
- Notices. Legal notices to Salenous must be sent to [email protected]. Notices to you may be delivered by email or through the Service.
- Relationship. Nothing in these Terms creates a partnership, employment, or agency relationship between you and Salenous.
22. Contact
Questions about these Terms can be sent to:
Salenous
Email: [email protected]