v1 DRAFT — Terms of Service for TradeDemand

Attorney review required. This document is a draft only and is not legal advice.

1. Service Description

TradeDemand, operating at tradedemand.ai, provides a marketing platform for trades and home-service companies. The platform may help a business create, manage, schedule, and track marketing tasks, campaigns, messages, and related workflows.

Some features may use automation, software tools, and human review. TradeDemand does not publish any marketing content to the public, send outbound campaigns, or launch live communications unless the tenant owner gives explicit approval first, as described in these Terms.

TradeDemand may also provide tools for storing files, organizing customer data, tracking leads, and managing approved communications. Features may change over time. We may add, remove, or update features at any time, subject to these Terms.

2. Accounts and Owner Responsibilities

To use the service, you must create an account or be invited to a tenant workspace. Each tenant must have at least one owner. The owner is responsible for the tenant account and for all activity under that account.

You must provide accurate, current, and complete information. You must keep your login credentials secure. You are responsible for any use of the account by your employees, contractors, agents, or other users you allow to access the tenant workspace.

You must review all content, campaigns, messages, offers, settings, and audience lists before approval. You are responsible for making sure all approved materials are lawful, accurate, and appropriate for your business.

You must promptly tell us if you believe there has been unauthorized access, a security issue, or misuse of your account.

3. Acceptable Use

You may use TradeDemand only for lawful business purposes and in a manner that does not harm the service, other users, or third parties.

• You may not use the service to break any law or regulation.
• You may not send spam, deceptive messages, or harassing communications.
• You may not upload malware, malicious code, or harmful content.
• You may not attempt to bypass security, rate limits, approvals, or billing controls.
• You may not misuse contact lists, personal data, or customer records.
• You may not use the service to infringe intellectual property rights or privacy rights.
• You may not impersonate another person or business.
• You may not use the service for illegal, fraudulent, or abusive activity.

We may investigate suspected violations and take action, including suspension or termination, if we believe these Terms have been violated.

4. Fees and Billing

Some parts of the service are offered on monthly plans. Fees, plan features, and billing terms may be shown in your order form, checkout page, tenant dashboard, or other written offer. Those pricing details are part of your agreement with us.

If your plan includes usage-based charges, you agree to pay for those charges as measured by the platform. This may include metered voice minutes, message volume, storage, or other usage items if shown in your plan or order.

Voice minutes may be tracked by the system and billed based on recorded usage. Partial minutes may be rounded as described in the applicable pricing page or order form. If no rounding rule is stated, billing will be based on the system measurement we use in ordinary course.

You authorize us and our payment processors to charge your payment method for all fees due, including recurring monthly charges, usage-based charges, taxes, and any other amounts owed under your plan.

Fees are non-refundable unless we say otherwise in writing or required by law. If a payment fails, we may retry the charge, suspend service, or require you to update your payment method.

You are responsible for all taxes, duties, and government charges related to your use of the service, except for taxes based on our income.

5. Data Ownership

You own the content, files, customer information, campaign materials, and other data you submit to the service or create in your tenant workspace, subject to any rights you give us to host, process, transmit, display, and use that data to provide the service.

TradeDemand follows a bring your own software, or BYOS, model for your tenant data and materials. You are responsible for the lawfulness, accuracy, quality, and permission to use any content or data you upload, connect, or store in the platform.

You grant us a limited, non-exclusive, worldwide license to use, host, copy, process, transmit, and display your data only as needed to operate, maintain, secure, support, improve, and provide the service, and as required by law.

We do not claim ownership of your tenant content or files. However, we may create and use aggregated or de-identified information for analytics, security, product improvement, and service operations, so long as that information does not identify you or your customers.

6. No-Live Guarantee

Nothing is published, posted, transmitted, sent, or otherwise released to the public or to third parties through TradeDemand unless the tenant owner gives explicit approval first.

This includes, without limitation, email campaigns, SMS messages, voice calls, social posts, ads, landing pages, or other outward-facing content if the platform feature is designed to send or publish it.

You understand that automation may prepare drafts, drafts may be scheduled for review, and the platform may suggest or queue actions. But no live publication occurs without explicit tenant approval.

You are solely responsible for confirming that every approved publication is accurate, lawful, and ready to go live.

7. Provided Templates and Kits

TradeDemand may provide sample templates, starter kits, playbooks, checklists, scripts, forms, and example language. These may include SMS consent language, call disclosure language, email examples, lead follow-up scripts, and other marketing or compliance-related materials.

These materials are samples only. They are provided for convenience and general information. They are not legal advice, and they are not a substitute for advice from your own lawyer or compliance advisor.

You must review every template and kit before use. You must confirm with counsel that the wording, notices, disclosures, and consent language fit your business, your industry, and the laws that apply to you.

We do not promise that any template or kit will comply with any law, rule, carrier policy, platform policy, or industry standard. You are responsible for final approval and use.

8. Disclaimers

The service is provided on an “as is” and “as available” basis. To the fullest extent allowed by law, we disclaim all warranties, whether express, implied, or statutory.

This includes any warranty of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, reliability, availability, or uninterrupted operation.

We do not warrant that the service will meet your business needs, produce any particular results, be error-free, or be free from security risks.

We do not guarantee deliverability, audience response, revenue, lead quality, conversion rates, search rankings, ad performance, or compliance outcomes from your use of the service or any templates provided.

You are responsible for your business decisions, your marketing content, and your compliance obligations.

9. Limitation of Liability

To the fullest extent allowed by law, TradeDemand and its owners, officers, employees, contractors, affiliates, and suppliers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages.

This includes lost profits, lost revenue, lost goodwill, loss of data, business interruption, or replacement costs, even if we were advised that such damages might occur.

To the fullest extent allowed by law, our total liability for any claim arising out of or related to the service or these Terms will not exceed the amount you paid to us for the service in the three months before the event giving rise to the claim.

Some jurisdictions do not allow certain limits. If so, the limits apply to the fullest extent permitted by law.

10. Suspension and Termination

We may suspend or limit access to the service at any time if we believe it is needed to protect the platform, our users, or third parties, or if you violate these Terms.

We may also suspend service for nonpayment, suspected fraud, security issues, legal compliance concerns, or misuse of the platform.

You may stop using the service at any time. If your account is canceled or terminated, your right to use the service ends immediately, except for rights and obligations that by their nature should continue after termination.

Upon termination, we may delete or disable access to tenant data after a reasonable period, subject to our backup, retention, legal, and operational requirements. You should export your data before cancellation if you want to keep a copy.

Sections that by their nature should survive will survive termination, including payment obligations, ownership rights, disclaimers, limitations of liability, and governing law.

11. Changes to These Terms

We may update these Terms from time to time. If we make a material change, we will use a reasonable method to notify you, which may include posting the updated Terms in the service, sending an email, or showing a notice in your account.

The updated Terms will take effect on the date stated in the notice. If no date is stated, they take effect when posted.

If you keep using the service after the updated Terms take effect, you agree to the updated Terms. If you do not agree, you must stop using the service and cancel your account.

12. Governing Law

These Terms and any dispute arising out of or relating to them will be governed by the laws of the State of Florida, without regard to its conflict of law rules.

Unless the law requires otherwise, any legal action related to these Terms must be brought in a court with proper jurisdiction located in Florida.

13. Contact

If you have questions about these Terms, please contact TradeDemand at:

Email: legal@tradedemand.ai

Website: tradedemand.ai

Mail: TradeDemand, Attn: Legal, Florida, United States