Terms of Use

4.1 The Plan

Fledge offers one Subscription Plan. There are no tiers, no bundles and no per-seat charges — every feature that is built is included at one price:

Plan features and pricing are as listed on buygrowthengine.com/pricing at the time of subscription. Fledge reserves the right to modify plan features or pricing with at least 30 days' advance notice to existing subscribers.

4.2 Free Trial

The Subscription Plan includes a 14-day free trial. No credit card is required to start a trial. You will not be charged during the trial period. At the end of the trial period:

• If you have added a payment method and have not cancelled, your subscription will automatically convert to a paid plan at the selected billing interval.
• If you have not added a payment method, your account is suspended until you add one. Your data is retained in accordance with the Privacy Policy.
• Trial accounts may be subject to reduced usage limits at Fledge's discretion.

One free trial per business. Creating multiple accounts to extend a free trial is a violation of these Terms.

4.3 Billing and Payment

• Subscriptions are billed in advance on a monthly or annual basis.
• Subscription fees are processed through Stripe. By subscribing, you authorize Fledge to charge your payment method on a recurring basis at the applicable interval.
• Annual subscriptions are billed once per year at a 15% discount off the equivalent monthly rate. Annual plans are non-refundable except as described in Section 4.6.
• All prices are in U.S. dollars and exclusive of any applicable taxes. You are responsible for all taxes applicable to your subscription.
• If payment fails, Fledge will retry the charge and may suspend your account until payment is collected. You will receive notice of failed payments.

4.4 AI Allowance and AI Overage

Your Subscription Plan includes a monthly AI Allowance — a set value of AI Feature usage, currently $10 per month, measured against what the underlying model provider charges Fledge for that work. Fledge may set a different allowance for an individual account, and will tell you if it does.

AI Overage is off by default. If you do nothing, AI Features simply stop for the remainder of the month once your AI Allowance is spent, and you are charged nothing beyond your Subscription Plan. If you enable AI Overage in your account settings:

• Usage beyond your AI Allowance is billed at four times the amount the model provider charges Fledge for that usage.
• You set a monthly overage cap (by default $20). AI Features stop for the remainder of the month once the cap is reached, and Fledge will not charge you AI Overage above your cap.
• AI Overage is added to your next Subscription Plan invoice as a separate line item, billed in arrears for the period in which it was used.
• You may disable AI Overage or change your cap at any time. The change applies to usage from that point forward; usage already incurred remains payable.

If Fledge cannot reliably measure your AI usage for a period, AI Features are paused rather than billed.

4.5 Auto-Renewal

All subscriptions renew automatically unless cancelled before the renewal date. You may cancel at any time through your account settings or by contacting legal@fledgesoftware.com.

4.6 Cancellation and Refunds

• You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing period; you will retain access to the Platform through that date.
• Monthly subscriptions: No refunds are issued for the current billing period upon cancellation.
• Annual subscriptions: No refunds are issued after the first 7 days of the annual billing period. If you cancel within 7 days of an annual renewal charge and have not made substantial use of the Platform during that period, you may request a refund by emailing legal@fledgesoftware.com; refunds are issued at Fledge's discretion.
• Fledge may issue pro-rated credits or refunds in cases of service outage or at its sole discretion.

4.7 Changing Your Billing Interval

• There is one plan, so there is nothing to upgrade or downgrade to. What you can change is whether you are billed monthly or annually.
• Switching from monthly to annual takes effect immediately, and the unused remainder of the current month is applied against the annual charge on a pro-rated basis.
• Switching from annual to monthly takes effect at the end of the current annual period. The 15% annual discount does not carry over.

6.1 You Are the Sender

When you use Fledge's SMS Services to send messages to your End Customers, you are the sender of those messages under applicable law, including the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227. Fledge provides the technology platform and infrastructure; it does not initiate messages independently.

You acknowledge and agree that you — not Fledge — bear legal responsibility for the content, targeting, and consent compliance of all SMS messages sent through your Fledge account.

6.2 Consent Requirements

You represent, warrant, and covenant that before sending any marketing, promotional, or non-transactional SMS message to any End Customer through the Platform:

• You have obtained prior express written consent from that End Customer, as defined by the TCPA and FCC regulations.
• That consent was obtained through a disclosure that (a) clearly identified you as the sender, (b) described the types of messages the End Customer would receive, (c) disclosed that standard message and data rates may apply, (d) specified approximate message frequency, and (e) informed the End Customer how to opt out.
• The consent was obtained through an affirmative opt-in action (not implied by silence, pre-checked boxes, or purchase alone).
• You have a record of that consent that can be produced in the event of a regulatory inquiry or legal proceeding.

Appointment reminders and transactional messages sent to customers with whom you have an existing business relationship may be subject to different consent standards. You are responsible for determining the appropriate consent basis for each message type under applicable law.

6.3 Prohibited Content

You may not use the Platform to send SMS messages that:

• Violate any federal, state, or local law.
• Involve cannabis, recreational drugs, firearms, ammunition, gambling, adult content, hate speech, or alcohol (to minors).
• Are deceptive, misleading, or impersonate another person, business, or brand.
• Involve high-risk financial content (payday loans, debt collection, credit repair) in violation of CTIA guidelines.
• Are sent to purchased, scraped, rented, or shared contact lists not derived from your own customer relationships with valid consent.
• Constitute spam or unsolicited bulk messaging.

Fledge reserves the right to block message delivery, suspend SMS access, or terminate accounts that violate this section without prior notice.

6.4 Platform Compliance Enforcement

Fledge operates an automated compliance engine that:

• Suppresses opt-outs immediately: Any End Customer reply containing STOP, QUIT, CANCEL, UNSUBSCRIBE, or END (or common variants) permanently suppresses that number from your outgoing sends. This suppression cannot be overridden at the Operator level.
• Enforces quiet hours: No outbound message will be delivered outside of 8:00 AM to 9:00 PM in the applicable local time zone.
• Maintains records: Consent records and opt-out logs are retained for a minimum of four (4) years.
• Blocks prohibited content categories at the platform level in accordance with CTIA guidelines.

These platform-level controls do not relieve you of your independent legal obligations under the TCPA or any other applicable law. Compliance enforcement by Fledge is provided as a convenience and does not constitute legal compliance advice.

6.5 Indemnification for SMS Violations

You agree to indemnify, defend, and hold harmless Fledge and its officers, directors, employees, and agents from any claim, demand, loss, liability, or expense (including reasonable attorneys' fees) arising out of your violation of TCPA, CTIA guidelines, or any other applicable law in connection with SMS messages sent through your account. This obligation survives termination of your subscription.

9.1 AI-Generated Content

The Platform uses AI to generate SMS message copy, review request text, outreach sequences, and similar content. You acknowledge that:

• AI-generated content may contain errors, inaccuracies, or outputs that are not suitable for your specific use case without review.
• You are responsible for reviewing all AI-generated content before it is sent to End Customers, particularly for factual accuracy, appropriate tone, and legal compliance.
• Fledge does not guarantee that AI-generated content will be effective, accurate, or free from biases inherent in large language models.

9.2 No Professional Advice

AI features do not constitute legal, financial, medical, or any other professional advice. Content generated by the Platform's AI is not a substitute for professional judgment.

9.3 Accuracy and Hallucination

AI models can produce inaccurate or fabricated information (“hallucinations”). You assume all risk associated with using AI-generated content without independent verification.

11.1 Fledge IP

The Platform, including its software, design, workflows, AI models, and documentation, is the exclusive intellectual property of Fledge Software and its licensors. Nothing in these Terms grants you any ownership interest in the Platform. You receive only a limited, non-exclusive, non-transferable, revocable license to access and use the Platform during your active subscription, solely for your internal business purposes.

11.2 Operator Content

You retain ownership of any business information, customer data, campaign content, and other materials you upload to the Platform. By submitting content to the Platform, you grant Fledge a limited license to process, store, and transmit that content as necessary to deliver the services described in these Terms. Fledge does not claim ownership of your content.

11.3 Feedback

If you provide feedback, suggestions, or ideas about the Platform, you grant Fledge a perpetual, irrevocable, royalty-free license to use that feedback for any purpose without obligation to you.

18.1 Termination by You

You may terminate your account at any time through your account settings or by contacting legal@fledgesoftware.com. Termination is effective at the end of the current billing period. See Section 4.5 for refund terms.

18.2 Termination by Fledge

Fledge may suspend or terminate your account at any time, with or without notice, if:

• You materially breach these Terms, including any violation of the SMS compliance obligations in Section 6.
• We receive credible reports of TCPA violations, consumer complaints, or regulatory inquiries related to your use of the Platform.
• Your account is used for prohibited activities under Section 9.
• Required by law or regulatory authority.
• You fail to pay subscription fees after notice and a reasonable cure period.

18.3 Effect of Termination

Upon termination:

• Your access to the Platform ceases as of the effective termination date.
• You have 90 days from the termination date to export your data. After 90 days, Fledge will delete your account data in accordance with our Privacy Policy.
• All licenses granted to you under these Terms terminate.
• Suppression and consent records are retained for their legally required period.
• Sections 6.5, 11, 15, 16, 17, 19, and 20 survive termination.

19.1 Informal Resolution

Before initiating any formal dispute, you agree to contact Fledge at legal@fledgesoftware.com and provide a written description of the dispute, the relief sought, and your contact information. You and Fledge agree to attempt to resolve the dispute informally for at least 30 days before pursuing arbitration.

19.2 Binding Arbitration

If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Platform — except for claims described in Section 18.4 — will be resolved by binding individual arbitrationadministered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration will be conducted in English. The arbitrator's decision will be final and binding and may be entered as a judgment in any court of competent jurisdiction.

You may opt out of this arbitration agreement by sending written notice to legal@fledgesoftware.com within 30 days of first accepting these Terms. Opt-out requests must include your name, account email, and a statement that you wish to opt out of arbitration.

19.3 Class Action Waiver

To the fullest extent permitted by law, all disputes must be brought in your individual capacity and not as a plaintiff or class member in any purported class action, collective action, or representative proceeding. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.

19.4 Exceptions

Either party may seek injunctive or other equitable relief in a court of competent jurisdiction for: (a) infringement or misappropriation of intellectual property rights; (b) violations of the Computer Fraud and Abuse Act; or (c) any other claim where injunctive relief is the primary remedy sought. Small claims court actions within the applicable jurisdictional limits are also excluded from arbitration.