These terms are an agreement between Splango 360 LLC ("Splango", "we", "us") and the business that uses Splango ("you"). They cover the Splango web app, its counter tablet and kitchen screens, and the Splango app for Clover. They are also the end user license agreement for the Splango app in the Clover App Market.
By creating an account, installing the Splango app from the Clover App Market, or using Splango, you agree to these terms. If you accept them for a business, you confirm you have the authority to bind that business.
1. The service
Splango provides customer rewards programs, a counter tablet for check-ins and sign-ups, customer messaging by text and email, online ordering, receipt scanning, and integrations such as Clover. We may improve, change or retire features over time. If we remove a feature you rely on, we will give you reasonable notice.
2. Your account
Give us accurate information and keep it up to date, including the business details used for carrier registration.
Keep sign-in details secure. You are responsible for what happens under your account, including the actions of team members you invite.
Tell us promptly at privacy@splango.app if you believe your account has been accessed without permission.
3. License
While you are in good standing, we grant you a limited, non-exclusive, non-transferable right to use Splango for your business. Splango, including its software, design and documentation, remains ours. You may not copy, resell, reverse engineer, or attempt to access Splango other than through the interfaces we provide.
4. Fees and billing
You pay the fees in your plan as agreed with us. These may include a monthly platform fee, fees for additional locations, and text messages beyond the credits your plan includes.
You are billed on your billing day. Platform and location fees cover the period ahead. Text messages beyond your included credits are billed for the period just ended.
Fees do not include taxes, which you are responsible for.
If fees go unpaid, we may suspend the service after notifying you.
Fees already paid are not refundable, except where the law requires or we agree otherwise in writing.
5. Messaging to your customers
You are the sender of the texts and emails that go to your customers through Splango, and you are responsible for them.
Consent. You must have the consent the law requires, including under the Telephone Consumer Protection Act and CAN-SPAM, and under carrier rules, for every phone number and email address you add, import or message. Do not add or import contacts who have not agreed to hear from you.
What Splango does to help. Our sign-up flows show a consent disclosure and record the consent given. Replies of STOP are honored automatically. Every text carries opt-out wording. Marketing texts are held outside 8 AM to 9 PM in your time zone. These tools do not replace your own obligations.
Carrier registration. You authorize us to register your messaging brand and campaign with carriers and messaging providers on your behalf, using the information you provide. You confirm that information is accurate.
Delivery. Carriers can filter, delay or block messages, and they set limits on how many messages a business may send. We do not guarantee delivery.
6. Your data
You own your business's data, including your customer records and the content you add ("Your Data").
You give us permission to host, copy, process and display Your Data only as needed to provide Splango to you, as described in our Privacy Policy.
You are responsible for having the right to provide Your Data to us, and for giving your customers any notice the law requires. Splango provides a privacy notice for your rewards program that you can use for this.
You can ask us for a copy of Your Data at any time, and within 30 days after your account ends.
7. Clover and other third-party services
Some features work with services we do not control, such as Clover, card processors, and text message carriers and providers. Your use of those services is governed by your agreements with them. Card payments for online orders are processed by Clover under your merchant agreement; Splango never holds your funds. We are not responsible for third-party services, their availability, or changes they make. You can disconnect Clover from Splango, or uninstall the Splango app in Clover, at any time.
8. AI features
Some features use AI to read menus and receipts, suggest branding, or draft promotions. What they produce is a draft or a check, and it can be wrong. Review it before you publish or send it. You are responsible for the menus, prices and messages you publish through Splango.
9. Acceptable use
You will not use Splango to:
send messages without the required consent, or send unlawful, deceptive or harassing content;
violate the law, carrier rules, or anyone's rights;
interfere with the service or its security, or test its vulnerabilities without our written permission;
access another business's data.
Because one business's messages can affect how carriers treat everyone on the platform, we may pause messaging for an account that puts that at risk while we look into it.
10. Availability and support
We work to keep Splango running and to fix problems promptly, but we do not promise it will be uninterrupted or error-free. We may carry out maintenance, and we will try to do so at quiet times. Support is by email at privacy@splango.app.
11. Ending the agreement
You may stop using Splango at any time by telling us.
We may suspend or end your access if you materially breach these terms, including by not paying, and do not fix it after notice. We may act without notice where needed to prevent harm to others, to the platform, or to its standing with carriers.
When the agreement ends, your access stops. You can ask for a copy of Your Data within 30 days. After that we delete it as described in our Privacy Policy.
Sections 4 (for fees owed), 6, 12, 13, 14 and 15 survive the end of the agreement.
12. Disclaimer
Splango is provided "as is" and "as available". To the fullest extent the law allows, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.
13. Limitation of liability
To the fullest extent the law allows:
neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits or revenue;
our total liability arising from these terms or Splango is limited to the fees you paid us in the 12 months before the claim arose.
14. Indemnity
You will defend and indemnify Splango against third-party claims arising from Your Data, from messages sent on your behalf, including claims about consent, or from your breach of these terms.
15. Governing law
These terms are governed by the laws of the State of Washington, without regard to its conflict of laws rules. Disputes will be resolved in the state or federal courts located in Washington, and both parties agree to their jurisdiction.
16. Changes to these terms
We may update these terms. We will tell you of material changes by email or in the app at least 30 days before they take effect. If you continue to use Splango after that, the new terms apply.
17. General
These terms, together with any order or plan terms we agree with you and our Privacy Policy, are the whole agreement between us about Splango. If any part is found unenforceable, the rest stays in effect. Failing to enforce a term is not a waiver of it. You may not transfer this agreement without our consent; we may transfer it as part of a merger or sale of our business.