the rulesof theroad.

acceptance of these terms

nudgt is a product of TACTECH LLC, registered at 7901 4th St N, STE 300, St. Petersburg, FL, United States. By creating an account or otherwise using nudgt (the "Service"), you agree to these Terms of Service ("Terms") with TACTECH LLC. If you're using the Service on behalf of a business, you're agreeing on that business's behalf, and "you" refers to that business.

what nudgt is

nudgt lets you send calendar invites and automated SMS + email nudge sequences through an SMTP connection and SMS provider account you supply yourself (Gmail, Outlook, Yahoo, Twilio, Telnyx, Vonage, Plivo, or any other supported provider). We route your sends and manage the scheduling, templating, and reporting around them; we don't own your mailbox reputation, your phone number, or your relationship with those providers — that's between you and them, and their own terms and pricing apply alongside ours.

The Service is under active development, including during the early-access period described below, and features may be added, changed, or removed as it evolves.

eligibility & your account

You must be at least 18 years old and able to form a binding contract to use the Service. You’re responsible for the accuracy of the information on your account and for keeping your login credentials — and any SMTP or SMS provider credentials you connect — secure. You’re responsible for all activity that happens under your account, including actions taken by anyone you’ve given access to it.

subscription, credits & billing

The Service runs on a flat monthly subscription per plan, plus pay-as-you-go credits for calendar invites, email nudges, and SMS — you only spend credits on the channels you actually use. Each plan includes a set number of credits per type; sending beyond your plan's included credits pauses the affected campaign rather than billing you automatically. To resume, you purchase additional credits manually at the rate listed for your plan — nothing is charged without you taking that step.

If you join before our public launch date, you're on early-access pricing: a discount off your subscription and off every credit type, locked in for as long as you stay continuously subscribed. If you cancel and later resubscribe, you return to standard pricing — the early-access rate does not carry over.

Subscription fees are billed in advance each billing cycle and are non-refundable except where required by law or explicitly stated otherwise. Purchased credits are likewise non-refundable once purchased, whether or not they’re used. All prices are in USD and exclude any applicable taxes, which are added where required.

You can cancel your subscription at any time from your account; cancellation takes effect at the end of the current billing cycle. See the privacy policy for what happens to your data after you cancel.

acceptable use

You agree not to use the Service to:

• Send unsolicited bulk messages, or message anyone without a legitimate reason and, where required by law, their consent.
• Violate any applicable messaging or privacy law, including the US TCPA and CAN-SPAM Act, Canada’s CASL, or GDPR/PECR where they apply to your sends.
• Upload purchased, scraped, or rented contact lists you don’t have the right to message.
• Send unlawful, fraudulent, harassing, defamatory, or malicious content, or content that infringes someone else’s rights.
• Attempt to circumvent rate limits, credit metering, or other technical restrictions of the Service.
• Resell or provide access to the Service to a third party without our written consent.
• Introduce malware, or attempt to gain unauthorized access to the Service or other users’ accounts or data.

your content and your responsibility for consent

You’re solely responsible for the invitee lists you upload and the messages you send through them. That includes only messaging people you have a legitimate reason to contact, obtaining and documenting any consent required for SMS or email under the laws that apply to you, and honoring opt-outs promptly.

You retain all rights to the content and invitee data you upload. You grant us only the limited right to process it as needed to operate the Service on your behalf, as described in the privacy policy.

connected third-party services

The SMTP and SMS provider accounts you connect are your own — governed by your own agreements and pricing with those providers. We aren’t responsible for their outages, deliverability, rate limits, or the costs they charge you directly. If a connected provider suspends or terminates your account with them, campaigns that depend on it will stop sending until you reconnect a working account.

intellectual property

We own all rights in the nudgt software, platform, and branding. We grant you a limited, non-exclusive, non-transferable license to use the Service for your own business purposes for as long as your subscription is active. Nothing in these Terms transfers ownership of our platform to you, or of your content and invitee data to us.

term, suspension & termination

These Terms apply for as long as you have an account. We may suspend or terminate your access if you materially breach these Terms — including the acceptable-use section above — and don’t fix the breach after we notify you, or immediately in cases of serious or repeated abuse.

You may terminate by cancelling your subscription at any time. On termination, active campaigns stop, and your data is handled per the retention terms in the privacy policy.

disclaimers

The Service is provided "as is" and "as available," without warranties of any kind, express or implied, including any warranty of uninterrupted or error-free operation. This is especially true during the early-access period, while the product is under active development.

limitation of liability

To the maximum extent permitted by law, nudgt won't be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits or data, arising from your use of the Service. Our total liability for any claim arising from these Terms or the Service is capped at the amount you paid us in the 12 months before the claim arose. These limits don't apply to obligations that can't be limited under applicable law.

indemnification

You agree to indemnify and hold us harmless from any claim, liability, or expense (including reasonable legal fees) arising from: your invitee data or content, your failure to obtain required consent before messaging someone, your violation of any applicable law, or your breach of these Terms.

governing law & disputes

These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-law principles. Any dispute arising from these Terms or the Service will be resolved in the state or federal courts located in Pinellas County, Florida, and you consent to their jurisdiction.

general provisions

We’re not liable for delays or failures caused by events outside our reasonable control (force majeure). You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. If any provision of these Terms is found unenforceable, the rest remains in effect. These Terms, together with the privacy policy, are the entire agreement between us regarding the Service.

changes to these terms

We’ll update this page as the product changes, and post a new "last updated" date when we do. Continuing to use nudgt after a change means you accept the updated terms.

questions

Reach us at info@nudgt.com, or use the contact form, with any question about these terms.