Terms of Service

1. Agreement to Terms

By accessing and using NagMe ("Service"), you agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with any part of these terms, you may not use the Service.

2. Description of Service

NagMe is a Software-as-a-Service (SaaS) accountability reminder platform that sends SMS text messages and voice calls to opted-in users as reminders for their personal goals and commitments. Users can customize their reminders by setting goals, choosing reminder frequency, and selecting a personality style for their reminders (including Jewish Mother, Drill Sergeant, Passive Aggressive, Supportive Friend, and Robot).

NagMe is operated by Number One Son Software Development, a sole proprietorship registered in the United States.

3. Account Registration and Security

To use NagMe, you must create an account. Account registration and authentication are handled through Clerk, a third-party authentication provider. By creating an account, you agree to provide accurate, complete, and current information.

You are responsible for maintaining the confidentiality of your account credentials and password. You agree to notify us immediately of any unauthorized use of your account. You are responsible for all activities that occur under your account, whether or not you authorize them.

You must be at least 18 years old to create an account and use the Service. By registering, you represent and warrant that you meet this age requirement.

4. Subscription Plans and Billing

4.1 Free and Pro Tiers

NagMe offers both a free tier and a paid Pro tier. The free tier includes basic functionality with limited reminders per month. The Pro tier provides unlimited reminders and additional features at a monthly subscription fee.

4.2 Billing and Payment

Pro tier subscriptions are billed through Stripe, our payment processor. You authorize us to charge the payment method you provide for the subscription fees. You agree to keep your billing information current and accurate.

4.3 Automatic Renewal

Pro tier subscriptions automatically renew on a monthly basis unless you cancel your subscription before the renewal date. You authorize NagMe to automatically charge your payment method each month for the subscription fee, plus any applicable taxes.

4.4 Cancellation

You may cancel your Pro tier subscription at any time through your account settings. Cancellation will take effect at the end of your current billing period. You will not receive a refund for the remainder of your current billing cycle.

4.5 Price Changes

We reserve the right to change subscription prices at any time. We will provide at least 30 days' notice before implementing price increases. Your continued subscription after the effective date of a price change constitutes acceptance of the new pricing.

5. Free Trial / Free Tier Terms

NagMe provides a free tier indefinitely. The free tier operates "as-is" and may be modified or discontinued at any time. Features and functionality of the free tier are subject to change at our sole discretion.

We reserve the right to limit the number of reminders, goals, or features available on the free tier. Abuse of the free tier, including excessive API requests or attempts to circumvent usage limits, may result in account suspension or termination.

6. Refund Policy

All subscription fees are non-refundable. If you cancel your subscription, you will have access to your Pro tier features until the end of your current billing period, but no refunds will be issued for partial months or unused service.

In the event of a billing error or duplicate charge, you may contact us at roger@grubb.net with documentation of the error, and we will investigate and correct the error in good faith.

7. User Responsibilities

As a user of NagMe, you agree to:

• Provide accurate, complete, and current information during account registration and in your profile
• Use the Service only for lawful purposes and in compliance with all applicable laws and regulations
• Maintain the confidentiality of your account credentials and be responsible for all activity under your account
• Promptly update your contact information, including your phone number, to ensure you receive reminders correctly
• Use the Service in a manner that does not infringe upon the rights of others or violate these Terms of Service
• Comply with all content policies and acceptable use standards

8. Acceptable Use

You agree not to use NagMe in any way that violates our Acceptable Use Policy or applicable laws. For a complete list of prohibited uses and activities, please review our Acceptable Use Policy.

Prohibited uses include, but are not limited to: spam, harassment, abusive language, illegal content, phishing, hacking, and attempts to disrupt the Service. Violations may result in account suspension or termination.

9. SMS and Voice Communication Consent

By using NagMe, you explicitly consent to receive SMS text messages and voice calls at the phone number associated with your account. These communications are accountability reminders related to your goals and nags that you have set up through the Service.

SMS and voice communications are delivered by Telnyx, our third-party telecommunications provider. You understand and agree that:

• You consent to the use of automated and pre-recorded messages for reminders
• Your consent to receive these communications is an express written agreement under the Telephone Consumer Protection Act (TCPA)
• This consent remains valid even if you later register your phone number on the National Do Not Call Registry
• Standard SMS and voice calling rates from your carrier may apply
• You may withdraw consent at any time by disabling reminders in your account settings or by contacting us at roger@grubb.net

You represent that you are either the owner of the phone number associated with your account or have obtained the permission of the owner to receive these communications.

10. Intellectual Property

NagMe, including all content, features, and functionality (including but not limited to design, text, graphics, interfaces, code, and software), is the exclusive property of Number One Son Software Development and is protected by U.S. and international copyright, trademark, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal use only. This license does not include any right to:

• Modify or create derivative works of the Service
• Reproduce, distribute, or sell the Service
• Reverse engineer or decompile the Service
• Remove or alter any proprietary notices or labels on the Service
• Use the Service for any commercial purpose outside the scope of your subscription

11. User Content and Data

Any content you create, upload, or submit through NagMe (including goals, nags, reminder text, and personality selections) ("User Content") remains your property. By submitting User Content to NagMe, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display that content solely for the purpose of providing the Service to you.

You retain full responsibility for all User Content and warrant that your User Content does not infringe upon any third-party intellectual property rights and complies with all applicable laws.

We will store your data in accordance with our Privacy Policy. Upon account termination, we will delete your User Content within a reasonable timeframe unless we are required to retain it by law.

12. Third-Party Services

NagMe integrates with third-party services including:

• Clerk - for user authentication and account management
• Stripe - for payment processing and subscription billing
• Telnyx - for SMS and voice communication delivery

Your use of these third-party services is subject to their respective terms of service and privacy policies. We are not responsible for the performance, security, or privacy practices of third-party services. Please review their terms and policies before using NagMe.

If a third-party service becomes unavailable, we will make reasonable efforts to provide alternative solutions or notify you of service interruptions.

13. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that:

• The Service will be uninterrupted or error-free
• The Service will meet your specific requirements or expectations
• Reminders will be delivered at precise times or will always be received
• Defects in the Service will be corrected or that the Service will be updated
• The Service is free from viruses or other harmful components

Your use of the Service is entirely at your own risk.

14. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL NUMBER ONE SON SOFTWARE DEVELOPMENT, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, OR PERSONAL INJURY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Our total liability to you for any claim arising out of or related to the Service shall not exceed the amount you paid us in subscription fees in the 12 months preceding the claim, or $100, whichever is greater. Some jurisdictions do not allow the limitation or exclusion of liability, so this limitation may not apply to you.

15. Indemnification

You agree to indemnify, defend, and hold harmless Number One Son Software Development, its officers, directors, employees, and agents from any and all claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Service
• Your violation of these Terms of Service
• Your violation of applicable laws or regulations
• Your User Content or the use of your User Content
• Your infringement or violation of any third-party intellectual property rights

16. Termination

We may terminate or suspend your account and access to the Service at any time, for any reason, with or without cause or notice. You may cancel your account at any time through your account settings.

Grounds for termination by us include, but are not limited to:

• Violation of these Terms of Service
• Violation of our Acceptable Use Policy
• Violation of applicable laws or regulations
• Abusive or harassing behavior
• Non-payment of subscription fees (after a grace period)
• Suspected fraudulent or illegal activity

Upon termination, your right to access the Service ceases immediately. We will not refund any subscription fees, and you will lose access to your User Content and account data.

17. Dispute Resolution

17.1 Informal Resolution

If you have a dispute with NagMe, you agree to first attempt to resolve the matter by contacting us at roger@grubb.net with a detailed description of the dispute. We will attempt to resolve the issue in good faith within 30 days.

17.2 Binding Arbitration

If the dispute cannot be resolved informally, you agree that any dispute, claim, or controversy arising out of or relating to the Service, these Terms, or your use of the Service shall be resolved by binding arbitration administered by JAMS (Judicial Arbitration and Mediation Services) under its Comprehensive Arbitration Rules and Procedures.

The arbitration will be conducted by a single arbitrator, and the arbitration will be held in Missoula, Montana (or such other location as agreed by the parties). The arbitration shall be conducted in English and governed by the substantive law of Montana. Each party shall bear its own costs and attorneys' fees, unless the arbitrator awards fees to the prevailing party.

17.3 Small Claims Exception

Notwithstanding the foregoing, either party may pursue a claim in small claims court in Missoula, Montana, or in your local small claims court, if the claim qualifies for small claims jurisdiction.

17.4 Class Action Waiver

YOU AGREE THAT ANY ARBITRATION OR COURT PROCEEDING SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE ACTION. YOU WAIVE YOUR RIGHT TO PARTICIPATE IN ANY CLASS ACTION OR CLASS ARBITRATION AGAINST NAGME. If this class action waiver is found to be unenforceable, the entire arbitration agreement shall be void.

18. Governing Law

These Terms of Service are governed by and construed in accordance with the laws of the State of Montana, USA, without regard to its conflict of laws principles. You agree that the exclusive jurisdiction and venue for any legal action or proceeding shall be in the state and federal courts located in Missoula, Montana, and you hereby submit to the personal jurisdiction of such courts.

19. Severability

If any provision of these Terms of Service is found to be invalid or unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions shall continue in full force and effect. If severance is not possible, the affected provision shall be severed from these Terms, and the remaining provisions shall remain in effect.

20. Entire Agreement

These Terms of Service, together with our Privacy Policy, Acceptable Use Policy, SMS Terms, Cookies Policy, and Your Data Rights, constitute the entire agreement between you and Number One Son Software Development regarding your use of the Service and supersede all prior agreements, understandings, and negotiations between the parties, whether written or oral.

21. Changes to Terms

We reserve the right to modify these Terms of Service at any time. Changes will be effective immediately upon posting to the Service. Your continued use of the Service following any changes constitutes your acceptance of the new terms. If you do not agree with any changes, you may terminate your account.

We will notify you of material changes via email or through a prominent notice on the Service at least 30 days before the effective date of the change.

22. Contact Information

If you have any questions about these Terms of Service, or if you need to report a violation, please contact us at: