SalesThumb™

Legal

Terms of Service

Last updated October 20, 2026 · Effective September 30, 2026

1. Agreement

These Terms of Service (“Terms”) are a contract between you and Roffik LLC, a Florida limited liability company (“SalesThumb,” “we,” “us”). SalesThumb is currently offered to businesses in the United States. 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. Your customers who use the pages you send them (quotes, invoices, booking, the customer portal) do so under our Customer Terms of Use.

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 for each billing period (monthly, or yearly where you choose an annual plan) and are non-refundable except where required by law. We don’t prorate fees for part of a billing period.
  • 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 Rainforest Pay, the same payment processor used for merchant/customer payments (see “Payment processing” below). Rainforest processes and stores your subscription payment method; see Rainforest processing terms.

5. Free Plan and 30-day trial

Creating a SalesThumb account and using the Free plan costs nothing, with no credit card required.

When you sign up and choose the Basic, Starter, Growth, or Pro plan, you can use that plan free for 30 days. No credit card is required, and the trial never turns into a paid subscription on its own:

  • The trial is available once per shop and once per person, and only to a shop on the Free plan. HQ and CRM plans and add-ons are not included.
  • We’ll email you a few days before your trial ends. If you do nothing, your shop moves back to the Free plan when the trial ends. Your data stays in your account, and you won’t be charged.
  • To keep a paid plan, contact us and we’ll set up your subscription. We’ll show you the price, billing frequency, and renewal terms before you confirm.
  • We may change or end the trial offer for new sign-ups, and we may end a trial early if it’s being misused (for example, repeat sign-ups to get more free time).

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.

The fees and terms for SalesThumb Payments are in our Payment Processing Agreement, which you accept when you apply to accept payments.

  • 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. Where a state law like this applies to you, we intend to honor it. In practice:

  • You can cancel your subscription at any time, on your own, by closing your shop in the app, or by emailing hello@salesthumb.com or using our contact page — no phone call required. Cancellation needs 30 days’ notice before your next billing date, as described in “Suspension & termination” below.
  • We won’t start charging you for a paid plan without first disclosing the price, the billing frequency, that it renews automatically unless you cancel, and the 30-day cancellation notice period.
  • If a state gives you a specific additional right — such as a renewal reminder before a longer-term contract renews, a defined post-cancellation refund window, or a cancellation that takes effect sooner than our 30-day notice period allows — 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.
  • Send or show any message, advertisement, report or other material that violates franchise disclosure, registration or advertising laws (such as the FTC Franchise Rule and state franchise laws), the FTC Act, or state advertising or consumer-protection 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 to build, train, or benchmark a competing product, or access it to monitor its availability, performance, or functionality for any competitive purpose.
  • 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. SMS Messaging Program

If you activate SMS messaging for your shop, SalesThumb sends text messages on your behalf to the mobile numbers your own customers provide you. This section describes that messaging program and applies to every shop’s use of SalesThumb’s SMS features.

  • What we send. Appointment confirmations, reminders, and in-progress/ready status updates; invoice and payment links; review requests; warranty and follow-up notices; and, where a customer has opted in, promotional or marketing messages (e.g. seasonal specials).
  • Message frequency varies depending on your appointments, invoices, and campaigns with that shop. Message and data rates may apply.
  • How customers opt in. By checking a consent checkbox on a shop’s public booking page, by providing their phone number in person during checkout or quoting (with consent recorded by the shop), or — for a shop’s existing customers imported from a prior system — where the shop attests those customers previously consented to SMS from that shop.
  • How to opt out. Reply STOP (or UNSUBSCRIBE, CANCEL, END, or QUIT) to any message to stop all further SMS — transactional and marketing alike — from that shop. You can opt back in at any time by replying START.
  • How to get help. Reply HELP (or INFO) to any message for assistance, or contact the shop directly using the contact information included in the message.
  • We don’t sell or share your mobile number or SMS opt-in data with third parties or affiliates for their own marketing purposes.
  • Carriers aren’t liable for delayed or undelivered messages. Supported carriers may change without notice.

10. 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, your records stay in place, unchanged and available for export in CSV or another commonly-readable format, until you either reactivate or make an explicit deletion request — we do not automatically delete Customer Data on a fixed schedule after termination. While your account is active, a few kinds of data are redacted on a schedule (for example signer details on quotes and invoices, and IP addresses on forms), as listed in our data retention policy. See our Privacy Policy and data retention policy for the full detail.

11. 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.

12. Intellectual property

The Service, including its software, design, and trademarks, is owned by Roffik LLC. 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.

“SalesThumb” and the SalesThumb logo are trademarks of Roffik LLC. All other trademarks, service marks, and trade names referenced in the Service are the property of their respective owners.

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.

13. 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. Our Privacy Policy lists the service providers we use to handle Customer Data.

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.

AI features that talk to your customers. Some features, such as the AI receptionist that answers your phone line or website chat, respond to your customers without a person reviewing each reply. You choose whether to turn them on, and you are responsible for the information, prices, hours and policies you give them, for reviewing what they say, and for any notices or consents your customers’ laws require (for example call recording, transcription or AI disclosures). Statements made by these features are made on your behalf; they are not offers, quotes, promises or warranties from SalesThumb.

Calls and recordings. If you connect a phone system or use features that record or transcribe calls, you are responsible for telling callers and getting any consent the law requires where you and they are located (several states require every party’s consent to record).

14. 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.

15. Suspension & termination

  • Cancelling, including closing your shop. You may cancel any time by closing your shop in the app, emailing hello@salesthumb.com, or using our contact page. Closing a shop cancels its SalesThumb subscription. Cancellation needs 30 days’ notice before your next billing date, counted in calendar days in your shop’s time zone:
    • If you cancel 30 or more days before your next billing date, you won’t be charged again. Your subscription ends on that billing date.
    • If you cancel less than 30 days before your next billing date, or while a payment is overdue, you’ll be charged for one more billing period, and your subscription ends when that period does.
    • If nothing is scheduled to be charged — for example on the Free plan, a $0 plan, or a trial you were never charged for — cancelling costs nothing.
    • Where your HQ pays for your location, the same rule applies to HQ’s billing date for it.
    • Before you confirm closing a shop, the app shows the date and amount of your last charge, or that there are no further charges. There are no refunds or proration for unused time.
    • If you reopen the shop before your subscription ends, billing continues as before.
  • We may suspend or terminate your account for material breach, non-payment after notice, or risk to the platform.
  • See “Customer data & ownership” above for how to export your Customer Data after termination.

16. 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. WE DO NOT WARRANT THAT THIRD-PARTY, PUBLIC AND CENSUS DATA IN THE SERVICE — INCLUDING LOCATION REPORTS, DEMOGRAPHIC FIGURES, COMPETITOR DATA AND OTHER TERRITORY ANALYTICS — IS ACCURATE, COMPLETE OR CURRENT.

No legal, tax or compliance advice. Tint-law checks, tax settings and reports, sample waivers and policies, warranty certificates, messaging and consent tools, and our help content are aids to help you run your business. They are not legal, tax, accounting or compliance advice, and they do not guarantee that you comply with any law. You are solely responsible for complying with the laws that apply to your business, including vehicle-equipment, consumer-protection, warranty, sales-tax, employment, privacy and telemarketing laws (such as the TCPA and state equivalents), and for the content of the documents and messages you send to your customers. Have your own attorney or accountant review anything you rely on.

17. 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 GREATER OF (A) THE FEES YOU PAID US IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM AND (B) US$100. 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.

18. 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, (c) your violation of any law, or (d) documents, messages, calls and other content that you, your users, or the AI features you turn on send to your customers through the Service. We will tell you promptly about a claim, let you control its defense and settlement (you may not settle a claim in a way that admits fault for us or binds us without our consent), and give you reasonable help at your expense.

Franchise claims. You’ll also defend, indemnify and hold harmless SalesThumb against any claim, investigation or proceeding by your franchisees, your prospective franchisees or any regulator arising out of (a) your offer or sale of franchises, (b) your use of the HQ, franchise sales or territory features of the Service, or (c) any report or other material that you or your users send or show to anyone outside your business, and you’ll pay the resulting damages, settlements, fines, penalties and reasonable attorneys’ fees. This applies whether or not a violation of law is established, except to the extent the claim is caused by our breach of these Terms or of our agreement with the claimant, or by our gross negligence or willful misconduct. The defense terms in the paragraph above apply to these claims too.

19. 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.

20. Changes to these Terms

We may update these Terms from time to time. If we make a material change that is adverse to you, we will give you at least 30 days’ notice — by email, in the app, or both — before it takes effect. Other changes, including ones that benefit you (such as improvements to trials or cancellation), take effect when we post them here. Continued use after a change takes effect constitutes acceptance.

21. Miscellaneous

  • Entire agreement. These Terms, together with the Privacy Policy, the Payment Processing Agreement (if you use SalesThumb Payments), the SMS program terms, and any order form or written agreement we sign with you, are the entire agreement between you and SalesThumb about the Service. If they conflict, a signed written agreement controls, then the Payment Processing Agreement for payments, then these Terms.
  • Notices. We may send you notices by email to your account’s owner address or in the app. Send legal notices to us at hello@salesthumb.com and by mail to Roffik LLC, 1430 S Dixie Hwy, Ste 105-348, Coral Gables, FL 33146.
  • Electronic communications. You agree to receive agreements, notices and other communications from us electronically, and that electronic signatures and records have the same effect as paper ones.
  • Beta features. Features we label beta, preview or early access are provided as-is, may change or end, and may not be covered by any service target.
  • Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control, such as outages of internet, hosting, carrier or payment networks, natural disasters, or acts of government. This does not excuse payment obligations.
  • Relationship. We are independent contractors. These Terms do not create a partnership, agency or employment relationship, and they give no rights to anyone else, including your customers.
  • Export and sanctions. You may not use the Service in violation of US export-control or sanctions laws.
  • Future features. Your purchase is not contingent on any future feature or on any public statement about our roadmap.
  • Survival. Sections that by their nature should survive (including fees owed, Customer Data export, disclaimers, limitation of liability, indemnification and dispute resolution) survive the end of your account.
  • 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.

22. Franchise businesses

This section applies if you offer or sell franchises, or if you use the HQ, franchise sales or location report features of the Service.

  • Franchise compliance is your responsibility. You are solely responsible for complying with the federal and state franchise disclosure, registration and advertising laws that apply to you, including the FTC Franchise Rule (16 CFR Part 436) and state franchise laws. That includes deciding whether anything you send or show to a prospect is a financial performance representation, and delivering your Franchise Disclosure Document (FDD) when the law requires.
  • We are not a franchise seller. Roffik LLC (SalesThumb) is not a franchisor, franchise seller, franchise broker or franchise seller’s agent. We don’t take part in any franchise offer, sale or negotiation, and we make no representation to any of your franchisees or prospective franchisees. The Service is software you use to run your own franchise program.
  • Reports are informational. Location reports, Census and other demographic figures, competitor data and other territory analytics in the Service are built from third-party and public data. They are estimates, and they may be incomplete or out of date. They are not forecasts of how a franchise or location will perform, they are not financial performance representations, and they are not legal, financial or investment advice.
  • We may rely on your confirmations. The attestations and confirmations you and your users give in the Service — for example, that your franchise counsel approved sending location reports to prospects, that a prospect has received your FDD, or that you’re registered or exempt in a prospect’s state — are your own representations to us, and we may rely on them.

“Indemnification” above describes the claims about your franchise program that you defend us against.

23. Contact

Legal notices: hello@salesthumb.com, and by mail to Roffik LLC, 1430 S Dixie Hwy, Ste 105-348, Coral Gables, FL 33146.