1. Agreement
These Terms of Service (“Terms”) are a contract between you and Roffik LLC (“SalesThumb,” “we,” “us”). By creating an account or using the SalesThumb service (the “Service”), you agree to these Terms and to our Privacy Policy.
2. Who can use SalesThumb
You must be at least 18 years old and authorized to bind the business you’re signing up for. The Service is intended for use by service businesses and their staff — not by consumers acting in a personal capacity.
3. Your account
- You’re responsible for activity under your account.
- You’ll keep credentials confidential and notify us promptly of any unauthorized access.
- You’ll provide accurate, current, complete information and keep it up to date.
4. Subscription & fees
- Plans, features, and prices are described at salesthumb.com/pricing and may be updated from time to time.
- Fees are billed in advance, monthly or annually, and are non-refundable except where required by law.
- We may change prices on a renewal basis with 30 days’ notice. Existing-term pricing is honored to the end of the term.
- Some integrations and metered usage (e.g. SMS volume) may incur pass-through fees disclosed at the point of use.
- Your own SalesThumb subscription is billed through Stripe, Inc. (“Stripe”), a separate payment processor from Rainforest (see “Payment processing” below, which covers payments between you and your customers). Stripe processes and stores your subscription payment method; see stripe.com/privacy.
5. Free trial
New shops may receive a free trial of a paid plan. We will not charge you during the trial. We’ll tell you the price, billing frequency, and renewal terms before the trial starts. Unless you cancel before the trial ends — which you can always do yourself from Settings → Billing, with no phone call or email required — your subscription will start automatically at the then-current price. See “State-specific rights” below for additional protections that may apply depending on where you’re located.
6. Payment processing
If you activate payment processing in SalesThumb, we don’t hold or move funds ourselves. Payments, payouts, and the underlying banking services are provided by Rainforest Payments (“Rainforest”) and its sponsor bank(s) — separate companies from SalesThumb. Rainforest’s current sponsor bank(s) are listed at legal.rainforestpay.com/sponsor.
- Before you can accept payments through SalesThumb, you must separately agree to Rainforest’s own Processing Terms and Conditions at legal.rainforestpay.com/processingterms, which govern the actual processing of your transactions. Rainforest may update those terms, including on notice; your continued use of payment processing after an update means you accept the revised terms.
- If you accept payments through SalesThumb, we also charge our own fee for that service, separate from Rainforest’s processing costs. That fee depends on your plan and will be disclosed to you before you activate payment processing and in your account’s billing details.
- To provide payment processing, we share the account and transaction information you give us with Rainforest, including information it needs for identity verification, underwriting, and ongoing risk monitoring. On request, we can help you obtain an export of your own transaction and payment-method data.
- Rainforest and its sponsor bank(s) independently decide whether to approve, limit, hold, or decline any merchant account or transaction under their own risk and compliance policies. We don’t control those decisions and aren’t liable for them.
- We don’t offer payment processing to businesses on Rainforest’s Prohibited Businesses List at legal.rainforestpay.com/prohibited. If your business type is or becomes subject to that list, your access to payment processing specifically may be limited or discontinued even if the rest of the Service remains available to you.
7. State-specific rights (automatic renewal & cancellation)
A number of states — including California, Illinois, New York, and Colorado, with more adding similar laws regularly — have their own requirements for automatically-renewing subscriptions and free-trial-to-paid conversions. Where a state law like this applies to you, we intend to honor it. In practice:
- You can cancel your subscription, including during a free trial, entirely on your own from Settings → Billingat any time — no phone call or email required.
- We won’t start charging you for a paid plan without first disclosing the price, the billing frequency, and that it renews automatically unless you cancel.
- If a state gives you a specific additional right — such as a renewal reminder before a longer-term contract renews, or a defined post-cancellation refund window — we’ll honor that right for account holders in that state, even where it goes beyond what’s otherwise described in these Terms.
Nothing in these Terms limits any right a state law gives you that isn’t listed here.
8. Acceptable use
You agree not to:
- Use the Service to violate any law or third-party right.
- Send spam, unsolicited bulk SMS, or messages that violate the TCPA, CAN-SPAM, CASL, or analogous laws.
- Reverse engineer, decompile, or attempt to extract the source code of the Service except as permitted by law.
- Attempt to access another tenant’s data or any account you’re not authorized to use.
- Upload malware, run automated scrapers, or interfere with the Service’s integrity or performance.
- Use the Service’s payment processing for the trade in firearms, controlled substances, adult content, or any other business type prohibited under “Payment processing” above.
9. Customer data & ownership
You own the data you put into the Service (“Customer Data”), including data collected from your own customers through the operator app or the Sales Matrix kiosk. You grant us a worldwide, non-exclusive license to host, copy, transmit, and display Customer Data only to the extent necessary to provide the Service.
You’re responsible for having the legal right to collect, store, and share with us any data you input about your own customers — including data captured at the Sales Matrix kiosk or elsewhere in the Service — and for providing any notices or obtaining any consents required by law to do so.
We claim no ownership of Customer Data. On termination, we’ll make Customer Data available for export in CSV or another commonly-readable format for 60 days, then delete it as described in our Privacy Policy.
10. Data & privacy
Our collection, use, and handling of Customer Data and other personal information is also governed by our Privacy Policy, which is incorporated into these Terms by reference. If there’s a direct conflict between these Terms and the Privacy Policy specifically as to how personal information is collected, used, or disclosed, the Privacy Policy controls; these Terms control on all other subjects.
11. Intellectual property
The Service, including its software, design, and trademarks, is owned by SalesThumb. Nothing in these Terms transfers any IP to you except a limited, revocable license to use the Service per these Terms. That license does not include any right to resell, sublicense, or create derivative works based on the Service.
If you send us feedback, suggestions, or ideas about the Service, you grant us the right to use them for any purpose, commercial or otherwise, without payment or other obligation to you.
12. Third-party services & processors
The Service integrates with third-party services — a messaging provider, optional accounting integrations, and the payment processing described in “Payment processing” above. Your use of those services is governed by their own terms in addition to these Terms. We’re not responsible for their acts or omissions. We’ll disclose the specific subprocessors we use to handle Customer Data on request.
Some features (photo-to-quote suggestions, inspection damage-note drafting, AI-drafted message replies, and similar assistive tools) use a third-party AI provider to generate suggested text or analysis from content you submit. AI-generated output is a suggestion, not a guarantee of accuracy — review it before relying on it, sending it to a customer, or acting on it.
13. Service availability
We aim for 99.9% monthly uptime measured at the application tier. Planned maintenance is announced at least 24 hours in advance and excluded from uptime calculations. This is a target, not a guarantee — absent a separate written agreement, we do not commit to any specific service level or uptime percentage as a contractual obligation. Specific customer-facing SLAs may be available on Enterprise plans by separate written agreement.
14. Suspension & termination
- You may cancel any time from billing settings. Cancellation takes effect at the end of the current term.
- We may suspend or terminate your account for material breach, non-payment after notice, or risk to the platform.
- We may delete inactive trial accounts after 90 days of continuous inactivity.
- See “Customer data & ownership” above for how to export your Customer Data after termination.
15. Disclaimer of warranties
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, SALESTHUMB DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.
16. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, SALESTHUMB’S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS WILL NOT EXCEED THE FEES YOU PAID US IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. WE WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS, REVENUE, OR DATA, EVEN IF ADVISED OF THE POSSIBILITY. NOTHING IN THESE TERMS LIMITS EITHER PARTY’S LIABILITY FOR FRAUD, GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR ANY OTHER LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.
17. Indemnification
You’ll defend and indemnify SalesThumb against any third- party claim arising out of (a) your Customer Data, (b) your violation of these Terms, or (c) your violation of any law.
18. Governing law & dispute resolution
These Terms are governed by the laws of the State of Delaware without regard to conflict-of-law rules. Any dispute will be resolved by binding arbitration in Wilmington, Delaware, administered by the American Arbitration Association under its Commercial Arbitration Rules. Either party may seek injunctive relief in court for IP or confidentiality matters.
Class actions, class arbitrations, and representative actions are waived to the maximum extent permitted by law. If a court or arbitrator finds the arbitration agreement or class-action waiver in this section unenforceable as to a particular claim or in a particular jurisdiction, that specific provision (and only that provision) will not apply to that claim, which will instead proceed in court under this section’s governing-law and venue terms — the rest of this section, and the rest of these Terms, remain in effect.
19. Changes to these Terms
We may update these Terms from time to time. Material changes will be communicated by email and posted here at least 30 days before they take effect. Continued use after the effective date constitutes acceptance.
20. Miscellaneous
- These Terms (with the Privacy Policy) are the entire agreement between you and SalesThumb on this subject.
- If any provision is found unenforceable, the rest remain in effect.
- Our failure to enforce any right is not a waiver of that right.
- You may not assign these Terms without our written consent. We may assign in connection with a merger, acquisition, or sale of assets.
21. Contact
Legal notices: info@roffik.com.