Terms of Service

These Terms of Service ("Terms") govern your access to and use of the Trybe Loyalty platform and related services (the "Service") provided by Clear Story Labs LLC ("we," "us," or "our"). By accessing or using the Service, you agree to be bound by these Terms.

1. Eligibility

You must be at least 18 years old and have the authority to enter into these Terms on behalf of yourself or the business you represent. By using the Service, you represent that you meet these requirements.

2. Description of Service

Trybe Loyalty provides automated customer engagement tools for restaurants, including but not limited to customer data capture, automated SMS and email messaging, and analytics. We reserve the right to modify, suspend, or discontinue any part of the Service at any time with reasonable notice.

3. Account Responsibilities

• You are responsible for maintaining the confidentiality of your account credentials.
• You are responsible for all activity that occurs under your account.
• You agree to provide accurate and complete information when creating your account and to keep it up to date.
• You must notify us immediately of any unauthorized use of your account.

4. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable laws or regulations
• Send unsolicited messages (spam) or messages that violate the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, or similar laws
• Upload or transmit harmful code, viruses, or malicious content
• Attempt to gain unauthorized access to the Service or its systems
• Resell, sublicense, or redistribute the Service without our written consent
• Use the Service in a way that could damage, disable, or impair its operation

5. Messaging Compliance

You are responsible for ensuring that all messages sent through the Service comply with applicable laws, including the TCPA, CAN-SPAM Act, and any state or local regulations. This includes:

• Obtaining proper consent from recipients before sending messages
• Honoring opt-out requests promptly
• Including required identification and opt-out instructions in messages

6. Payment and Billing

• Fees for the Service are billed monthly in advance based on your selected plan.
• All fees are non-refundable except as expressly stated in these Terms or required by law.
• We reserve the right to change pricing with 30 days' written notice.
• Failure to pay may result in suspension or termination of your account.

7. Cancellation

You may cancel your subscription at any time. Upon cancellation:

• Your access to the Service will continue through the end of your current billing period.
• No further charges will be made after the current billing period.
• We may retain your data for a reasonable period in accordance with our Privacy Policy.

8. Intellectual Property

The Service, including all content, features, and functionality, is owned by Clear Story Labs LLC and is protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works of the Service without our prior written consent.

You retain ownership of any data or content you provide through the Service. By using the Service, you grant us a limited license to use your content solely to provide and improve the Service.

9. Disclaimer of Warranties

The Service is provided "as is" and "as available" without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that the Service will be uninterrupted, error-free, or secure.

10. Limitation of Liability

To the maximum extent permitted by law, Clear Story Labs LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenue, whether incurred directly or indirectly, arising from your use of the Service.

Our total liability for any claim arising from or related to the Service shall not exceed the amount you paid us in the twelve (12) months preceding the claim.

11. Indemnification

You agree to indemnify and hold harmless Clear Story Labs LLC, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, or expenses (including reasonable attorneys' fees) arising from your use of the Service, your violation of these Terms, or your violation of any third-party rights.

12. Termination

We may suspend or terminate your access to the Service at any time, with or without cause, and with or without notice. Upon termination, your right to use the Service ceases immediately. Sections that by their nature should survive termination will survive, including but not limited to intellectual property, disclaimers, indemnification, and limitation of liability.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions. Any disputes arising from these Terms shall be resolved in the courts located in Delaware.

14. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms on this page and updating the "Last updated" date. Your continued use of the Service after changes constitutes acceptance of the updated Terms.

15. Contact Us

If you have questions about these Terms, please contact us: