Terms of Service

1. Acceptance of Terms

Welcome to WelcomePath. By accessing or using our website, applications, and services (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Services.

These Terms constitute a legally binding agreement between you (either an individual or entity) and WelcomePath, Inc. ("WelcomePath," "we," "us," or "our"). Please read these Terms carefully before using our Services.

2. Description of Services

WelcomePath provides a marketing automation platform designed for senior living communities, including:

• Form building and lead capture tools
• Email marketing and automation features
• Contact management and CRM functionality
• Analytics and reporting tools
• Integration capabilities with third-party services

We reserve the right to modify, suspend, or discontinue any part of our Services at any time, with or without notice.

3. Account Registration

To access certain features of our Services, you must create an account. When you register, you agree to:

• Provide accurate, current, and complete information
• Maintain and update your information as needed
• Keep your password secure and confidential
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized use

You must be at least 18 years old and have the legal authority to enter into these Terms. If you are using our Services on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

4. Subscription Plans and Payment

4.1 Plans and Pricing

We offer various subscription plans with different features and pricing. Current plans and pricing are available on our website. We reserve the right to modify pricing with 30 days' notice to existing subscribers.

4.2 Billing

By subscribing to a paid plan, you authorize us to charge your designated payment method on a recurring basis. Subscriptions automatically renew unless cancelled before the renewal date.

4.3 Refunds

We offer a 30-day money-back guarantee for new subscriptions. After this period, fees are non-refundable except as required by law. If you cancel, you will retain access until the end of your current billing period.

4.4 Taxes

All fees are exclusive of applicable taxes. You are responsible for paying all taxes associated with your use of our Services.

5. Acceptable Use

You agree to use our Services only for lawful purposes and in accordance with these Terms. You agree NOT to:

• Violate any applicable laws, regulations, or third-party rights
• Send spam, unsolicited communications, or misleading content
• Upload malicious code, viruses, or harmful content
• Attempt to gain unauthorized access to our systems or networks
• Interfere with or disrupt our Services or servers
• Scrape, harvest, or collect data without permission
• Impersonate any person or entity
• Use our Services for any illegal or fraudulent purposes
• Sublicense, resell, or redistribute our Services without authorization
• Remove any copyright or proprietary notices

6. Your Content

6.1 Ownership

You retain ownership of all content you submit, post, or display through our Services ("Your Content"). By submitting Your Content, you grant us a worldwide, non-exclusive, royalty-free license to use, host, store, reproduce, modify, and display Your Content solely for the purpose of providing our Services.

6.2 Responsibility

You are solely responsible for Your Content and the consequences of submitting it. You represent that you have all necessary rights to submit Your Content and that it does not violate any laws or third-party rights.

6.3 Data Processing

If you use our Services to collect personal information from your users or customers, you are responsible for complying with applicable data protection laws and obtaining necessary consents.

7. Intellectual Property

7.1 Our Intellectual Property

Our Services, including all content, features, functionality, software, code, designs, text, graphics, logos, and trademarks, are owned by WelcomePath or our licensors and are protected by intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of our Services without our written permission.

7.2 Feedback

If you provide feedback, suggestions, or ideas about our Services, you grant us the right to use such feedback without any obligation to you.

8. Third-Party Services

Our Services may integrate with or contain links to third-party services, websites, or applications. We do not control these third parties and are not responsible for their content, privacy practices, or terms. Your use of third-party services is at your own risk and subject to their terms and policies.

9. Disclaimer of Warranties

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
• NON-INFRINGEMENT
• ACCURACY, RELIABILITY, OR COMPLETENESS OF CONTENT
• UNINTERRUPTED OR ERROR-FREE OPERATION
• SECURITY OF DATA OR COMMUNICATIONS

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above may not apply to you.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WELCOMEPATH AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR:

• ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES
• ANY DAMAGES RESULTING FROM YOUR USE OR INABILITY TO USE OUR SERVICES

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNTS YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

11. Indemnification

You agree to indemnify, defend, and hold harmless WelcomePath and its officers, directors, employees, agents, and affiliates from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your use of our Services
• Your Content
• Your violation of these Terms
• Your violation of any third-party rights

12. Termination

12.1 By You

You may terminate your account at any time by contacting us or using the account settings. Upon termination, you will lose access to our Services and Your Content may be deleted.

12.2 By Us

We may suspend or terminate your access to our Services at any time, with or without cause, with or without notice. Reasons for termination may include violation of these Terms, non-payment, or conduct that we believe is harmful to us, our users, or third parties.

12.3 Effect of Termination

Upon termination, your right to use our Services will immediately cease. Sections of these Terms that by their nature should survive termination will continue to apply.

13. Dispute Resolution

13.1 Informal Resolution

Before filing a claim, you agree to try to resolve any dispute informally by contacting us at legal@welcomepath.com. We will attempt to resolve the dispute within 30 days.

13.2 Arbitration

If informal resolution fails, any disputes shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration will take place in Austin, Texas, unless we agree otherwise.

13.3 Class Action Waiver

YOU AGREE THAT ANY DISPUTES SHALL BE RESOLVED ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE ACTION.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions. Any legal action not subject to arbitration shall be brought exclusively in the state or federal courts located in Travis County, Texas.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy and any other agreements referenced herein, constitute the entire agreement between you and WelcomePath regarding our Services.

15.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

15.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

15.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations without restriction.

15.5 Notices

We may provide notices to you via email, posting on our Services, or other reasonable means. You may contact us at the address below.

16. Changes to Terms

We may modify these Terms at any time. We will provide notice of material changes by posting the updated Terms and updating the "Last updated" date. Your continued use of our Services after changes become effective constitutes acceptance of the modified Terms.

17. Contact Information

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