Terms of Use

1. Overview

These Terms govern your use of CrowdPleaser (the "Service"), operated as a sole proprietorship under the trade name CrowdPleaser ("we", "us", or "our"). By creating an account or using the Service, you acknowledge that you have read, understood, and agreed to be bound by these Terms.

2. What the Service does

CrowdPleaser lets a gym, studio, or similar business (the "Facility") publish a page where its members can vote on proposed classes, events, and programs using an email address. The Facility can then email the members who voted when a program launches. The Service is not a booking, scheduling, or payment system for your members.

3. Eligibility and accounts

You must be at least 18 years old and able to form a binding contract to use the Service. You agree to provide accurate information and to keep your account secure. You are responsible for all activity under your account. We may suspend or terminate an account that provides false or incomplete information.

4. Subscription and billing

The Service is sold as a monthly subscription. The current price is shown on our pricing page before you check out. Payments are processed by Stripe; we do not receive or store your full card details.

Your subscription renews automatically each month until you cancel. You can cancel at any time from the billing portal linked in your dashboard. When you cancel, your subscription stays active until the end of the period you have already paid for, and it will not renew after that. We do not provide refunds for partial months. If we change the price, we will give you notice before the change takes effect on your account.

A subscription includes one Facility. Creating additional Facilities is not included in the current plan.

5. Your members' data and the emails you send

When your members vote or suggest a program, they give their email address to you through the Service. You decide what to do with those addresses, and you can export them at any time. As between you and us, you are responsible for that member data and for how you use it.

You write and send the launch broadcasts. You are responsible for their content and for complying with the laws that apply to commercial email, including the CAN-SPAM Act. The Service requires a valid physical mailing address before you can send a broadcast, and it adds an unsubscribe link to every one, but meeting those requirements does not make us the sender of your messages. You agree not to use the Service to send unsolicited bulk email, to email people who did not participate on your page, or to send content that is unlawful, deceptive, or harassing.

6. Acceptable use

You agree not to misuse the Service, including by attempting unauthorized access, interfering with its operation, scraping it with automated systems, or reverse engineering any part of it. You are responsible for the content you publish on your Facility page, including program titles, descriptions, incentives, and uploaded files.

7. Intellectual property

The Service itself, including its software, design, and branding, remains our property. You may not copy or redistribute it without our written consent. The content you upload stays yours. You grant us only the permission needed to host and display it as part of running the Service for you.

8. Availability and changes to the Service

We aim to keep the Service available but do not guarantee uninterrupted access. We may modify or discontinue features. If we discontinue the Service entirely, we will give you reasonable notice and a chance to export your data.

9. Termination

You can stop using the Service and cancel your subscription at any time. We may suspend or terminate your access if you breach these Terms. On termination, your right to use the Service ends. Deleting your Facility also deletes its programs, votes, tags, and unsubscribe records, and this cannot be undone.

10. Disclaimer of warranties

The Service is provided "as is" and "as available" without warranties of any kind, whether express or implied, including any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that voting results will predict actual attendance or revenue.

11. Limitation of liability

To the fullest extent permitted by law, we will not be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, lost revenue, or lost data, arising from your use of the Service. Our total liability for any claim relating to the Service is limited to the amount you paid us in the twelve months before the claim arose.

12. Indemnification

You agree to indemnify and hold us harmless from any claims, damages, losses, and expenses arising from your use of the Service, the content you publish, the emails you send, or your handling of your members' data.

13. Governing law

These Terms are governed by the laws of the State of Maryland, without regard to its conflict of law provisions. Any legal action arising under these Terms will be brought exclusively in the state or federal courts located in Maryland, and you consent to the personal jurisdiction of those courts.

14. Changes to these Terms

We may modify these Terms. If a change is material, we will give at least 30 days' notice before it takes effect, by email or by a notice in the Service. Continuing to use the Service after a change takes effect means you accept the updated Terms.

15. Contact

Questions about these Terms can go to [email protected].