Segwik® Terms & Conditions

Parties

This is an agreement between you, or the entity you represent ("You" or "Your"), and Segwik® LLC ("Segwik®").

Agreement

These Terms & Conditions consist of these general terms ("General Terms") together with any terms applicable to individual Services ("Service Specific Terms"). The General Terms and Service Specific Terms are collectively referred to as the "Terms."

If there is a conflict between the General Terms and Service Specific Terms, the applicable Service Specific Terms will control.

You must be legally capable of entering into a binding agreement to accept these Terms.

If you do not agree to these Terms, you should not use the Services. You may accept the Terms by checking a checkbox, clicking a button indicating acceptance, executing an applicable agreement, or using the Services where such acceptance is permitted by law.

Description of Services

Segwik® provides online and cloud-based software services that may include Customer Relationship Management (CRM), email and SMS communications, telephony, payment processing, knowledge storage, automation, workflow management, project management, and related functionality.

You may use the Services for legitimate personal or business purposes or for the internal business purposes of the organization you represent.

You are responsible for obtaining the internet access, devices, software, and other equipment necessary to use the Services.

Modifications to Terms

We may modify these Terms periodically.

When material changes substantially affect your rights, Segwik® may provide notice through the Services or by email to your primary account email address. Where appropriate, Segwik® may provide at least 30 days' advance notice.

Your continued use of the Services after updated Terms become effective constitutes acceptance of those Terms to the extent permitted by applicable law.

User Sign-Up Obligations

You may be required to create a user account and provide requested information to access certain Services.

You agree to provide true, accurate, current, and complete information and to maintain and promptly update that information.

If information is materially false, inaccurate, outdated, or incomplete, or Segwik® reasonably believes that it is, Segwik® may suspend or terminate access to applicable Services.

Security of User Accounts

Organizations may designate one or more administrators to configure Services and manage users.

You are responsible for:

• Maintaining the confidentiality and security of account credentials
• Selecting appropriate administrators
• Managing access to your organization account; and
• Ensuring activity conducted through your account complies with these Terms.

You must promptly notify Segwik® of suspected unauthorized access or use.

Account-related security inquiries may be directed to pete@segwik.com.

Personal information provided through the Services is also governed by the Segwik® Privacy Policy.

Communications from Segwik®

Segwik® may send service announcements, administrative messages, security notices, account communications, and other communications necessary to provide the Services.

Where applicable, users may unsubscribe from optional marketing email communications. Certain transactional, administrative, security, or service-related communications may remain necessary for continued use of the Services.

Communications & SMS Messaging

Segwik® may provide SMS messaging as part of its communications and Services.

Individuals may opt in to receive SMS messages from Segwik® by submitting their telephone number through a Segwik® website form and explicitly agreeing to receive text messages through an unchecked SMS opt-in consent checkbox.

SMS messages may relate to inquiries, account activity, onboarding, consultations, appointments, scheduling, service requests, customer support, project updates, platform updates, reminders, and other transactional or informational communications related to Segwik® Services.

Message frequency may vary. Message and data rates may apply.

You may opt out of receiving SMS messages at any time by replying STOP.

For assistance, reply HELP or contact Segwik® through the contact information available on our website.

Consent to receive SMS messages is not a condition of purchasing any property, goods, or services.

SMS consent is not shared with third parties or affiliates for their marketing or promotional purposes.

Segwik® may use telecommunications carriers, messaging platforms, and other service providers to facilitate SMS communications. Such providers may process information as necessary to provide messaging services on Segwik®'s behalf.

Your use of SMS services may also be subject to the terms and policies of your wireless carrier. Segwik® is not responsible for charges imposed by your wireless carrier.

Additional information regarding the collection and use of personal information and SMS-related information is available in the Segwik® Privacy Policy.

Customer Use of SMS and Communications Services

If you use Segwik® to communicate with your own customers, prospects, employees, or other recipients by SMS, telephone, email, or other communication channels, you are responsible for ensuring that your communications comply with applicable laws, regulations, carrier requirements, industry standards, and messaging provider policies.

For SMS communications, you are responsible for:

• Obtaining appropriate consent from each recipient before sending messages
• Maintaining records sufficient to demonstrate consent when required
• Clearly identifying the sender where required
• Honoring opt-out requests promptly
• Supporting applicable STOP and HELP functionality
• Not sending unsolicited, misleading, fraudulent, abusive, or unlawful messages
• Ensuring the content and purpose of messages are consistent with the consent obtained from recipients
• Maintaining accurate registration and campaign information where messaging registration is required; and
• Complying with applicable telecommunications and messaging requirements.

You may not use Segwik® Services to circumvent carrier filtering, messaging registration requirements, opt-out requests, or other technical or compliance controls.

Segwik® may suspend or restrict messaging functionality when reasonably necessary to address suspected spam, abuse, unlawful messaging, carrier complaints, excessive opt-outs, compliance concerns, or violations of applicable provider requirements.

Complaints

If Segwik® receives a complaint concerning your use of the Services, Segwik® may forward the complaint to the primary email address associated with your account and request that you respond.

You are responsible for reasonably cooperating with Segwik® regarding legitimate complaints, investigations, abuse reports, messaging complaints, or compliance inquiries associated with your account.

Fees and Payments

Services may be offered under subscription, usage-based, or other pricing plans.

Paid subscriptions may automatically renew at the end of the applicable subscription period unless canceled or modified in accordance with the applicable plan terms.

If you do not wish to renew an automatically renewing subscription, you must provide notice or cancel in accordance with the applicable subscription terms before the renewal date.

Segwik® may modify pricing from time to time. Unless otherwise stated, price increases will not apply until the applicable current billing period has expired.

Restrictions on Use

You shall not:

1. Transfer or make the Services available to unauthorized third parties except as expressly permitted;
2. Resell or provide services based on the Services without authorization where authorization is required;
3. Publish personal or confidential information without appropriate authorization;
4. Use the Services in a manner that damages, disables, overburdens, impairs, or interferes with Segwik® systems or networks;
5. Violate applicable local, state, national, or international law;
6. Create a false identity or materially misrepresent the origin of communications;
7. Circumvent security, messaging, compliance, or technical restrictions; or
8. Use the Services in a manner prohibited by these Terms or applicable Service Specific Terms.

Spam and Illegal Activities

You are responsible for communications and content transmitted through your account.

You may not use the Services to transmit unlawful, fraudulent, defamatory, harassing, abusive, threatening, malicious, obscene, infringing, or otherwise prohibited content.

You may not use the Services to transmit unsolicited bulk communications, junk mail, spam, chain letters, phishing messages, or other communications for which you lack the necessary permission or consent.

This prohibition applies to SMS, MMS, telephone, email, and other communications made through Segwik® Services.

Segwik® reserves the right to suspend or terminate access when there are reasonable grounds to believe the Services are being used for illegal, unauthorized, abusive, fraudulent, or noncompliant messaging activity.

Inactive User Accounts

Segwik® may terminate unpaid user accounts that remain inactive for a continuous period of 120 days.

Where practicable, Segwik® may provide prior notice and an opportunity to export applicable data before deletion.

Activity may be evaluated independently for separate Services.

Data Ownership

As between you and Segwik®, you retain ownership of content and Service Data that you create or store through the Services.

Your use of the Services grants Segwik® permission to access, copy, store, transmit, reformat, process, display, and otherwise handle such content only as reasonably necessary to provide, maintain, secure, and support the Services, fulfill your instructions, and comply with applicable law and agreements.

User-Generated Content

You are responsible for content that you transmit, publish, upload, or otherwise make available through the Services and for obtaining any permissions or rights required to use that content.

Content intentionally made public may become accessible through the internet and may be indexed by search engines.

You may not remove copyright notices or circumvent copy-protection mechanisms without authorization.

Segwik® may restrict access to or remove content when reasonably necessary to address allegations of illegality, infringement, abuse, or violations of these Terms.

Privacy

Your use of the Services is subject to the Segwik® Privacy Policy.

When you use Segwik® to collect or process personal information concerning other individuals, you are responsible for providing legally required notices and obtaining legally required permissions or consents.

This includes responsibility for obtaining appropriate consent before using Segwik® to send SMS or other regulated communications.

Disclaimer of Warranties

To the maximum extent permitted by applicable law, the Services are provided on an "as is" and "as available" basis.

Segwik® disclaims warranties, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement to the extent permitted by applicable law.

Segwik® does not warrant that the Services will always be uninterrupted, timely, secure, or error-free.

Limitation of Liability

To the maximum extent permitted by applicable law, Segwik® will not be liable for consequential, incidental, indirect, special, punitive, or similar damages, including loss of profits, business interruption, loss of data, or loss of business information arising from use of or inability to use the Services.

To the extent permitted by applicable law, Segwik®'s aggregate liability concerning a Service will not exceed the fees paid by you for that Service during the applicable subscription period giving rise to the claim.

Indemnification

You agree to indemnify and hold harmless Segwik®, its officers, directors, employees, suppliers, and affiliates from losses, damages, fines, expenses, and reasonable legal costs arising from claims related to your violation of applicable law, infringement of another party's rights, violation of these Terms, or unauthorized or unlawful use of the Services, except to the extent caused by conduct for which Segwik® is legally responsible.

Arbitration

Any controversy or claim arising out of or relating to these Terms shall be resolved through binding arbitration in accordance with the applicable commercial arbitration rules of the American Arbitration Association, except where applicable law prohibits such requirement.

Arbitration shall be conducted on an individual basis and, to the extent enforceable, shall not be consolidated with claims of other parties.

Arbitration shall take place in New Jersey unless otherwise agreed or required by applicable law.

Nothing in this provision prevents Segwik® from seeking appropriate injunctive or equitable relief from a court of competent jurisdiction where permitted.

Suspension and Termination

Segwik® may suspend or temporarily restrict access to all or part of the Services in response to suspected illegal activity, fraud, spam, messaging abuse, violations of these Terms, extended inactivity, security risks, provider or carrier requirements, or valid requests from law enforcement or government agencies.

Segwik® may terminate an account when it reasonably believes these Terms have been materially violated.

You may request termination of your account in accordance with applicable account procedures.

Termination may result in loss of access to the Services and deletion of account information and Service Data in accordance with Segwik®'s applicable retention practices.

Contact

Questions concerning these Terms or your Segwik® account may be directed to:

See also our Privacy Policy.