SAGE Marketing Terms of Service

These Terms of Service (the "Terms") are a binding agreement between you (the "Shop" or "you") and SIMCO LLC ("SAGE," "SAGE Marketing," "we," "us"). By creating an account, connecting a store, or sending a single campaign through SAGE Marketing, you accept these Terms.

1. Acceptance

You accept these Terms the first time you sign up for SAGE or use any of our services. If you're accepting on behalf of a business, you represent that you have authority to bind that business. If you don't agree, don't use SAGE.

2. What SAGE is

SAGE Marketing is the developer app name for SAGE, a software-as-a-service marketing assistant for independent retailers. It connects to your point-of-sale, storefront, email, and approved social channels (with your authorization), generates a daily digest of recommended actions, drafts campaigns for your review, and sends, queues, or publishes only through enabled provider-approved paths that you approve. Features evolve; we'll describe any material reductions in our dashboard or via email before they take effect.

3. Account terms

• You need a working email address and a shop name to create an account.
• One login per human. Don't share credentials; invite teammates through the dashboard once team-seat support is available.
• You're responsible for what happens under your account — including what your staff or contractors do with it.
• Tell us promptly if you suspect your account has been compromised: [email protected].
• You must be 18 or older, or the age of majority in your jurisdiction, whichever is greater.

4. Acceptable use

Don't use SAGE to:

• Send unsolicited bulk email (spam). You must have a lawful basis — purchase history, signed-up list, etc. — for every recipient.
• Promote content that's illegal, defamatory, harassing, discriminatory, sexually explicit involving minors, or otherwise prohibited by law in your jurisdiction.
• Scrape, reverse-engineer, or resell SAGE's output as a standalone product.
• Attempt to bypass rate limits, authentication, or billing.
• Impersonate another shop, customer, or brand.

We can suspend or terminate accounts that violate this section. Repeat or egregious violations also forfeit refunds.

5. Subscription & billing

• Price. $25 per month, flat. One shop, all features included.
• Free trial. 14 days. No charge during the trial. You can cancel at any point in the trial and never be billed.
• Payment. Payments are processed by Stripe. We never see or store your full card number.
• Renewal. Subscriptions renew monthly on the anniversary of your first paid day until cancelled.
• Taxes. Prices exclude applicable sales tax / VAT, which Stripe will add at checkout where required.
• Price changes. We'll give you at least 30 days' notice by email before changing the rate on your plan. Continued use after the effective date constitutes acceptance; otherwise cancel before the change lands.

6. Cancellation & refunds

• Cancel from Dashboard → Billing → Manage subscription, at any time, with no phone call.
• Cancellation takes effect at the end of the current billing period. You keep paid-tier access until then.
• We don't prorate partial months. If SAGE was materially broken during a billing cycle and you tell us in writing within 30 days, we'll review that cycle for a refund — email [email protected].
• After cancellation, your account drops to the free tier (1 Fix per week, read-only digest). To permanently delete data, use Dashboard → Settings → Delete account.

7. Content ownership & license

You retain all rights to your shop's content — product photos, customer data, campaign drafts, sent messages, and any output generated specifically for your shop. SAGE claims no ownership over any of it.

You grant SAGE a limited, non-exclusive, worldwide license to store, process, and display your content solely to operate the product for you (generate digests, draft campaigns, send emails you approve, display analytics, etc.). This license ends when you delete the content or close your account, except for the retention windows disclosed in our Privacy Policy (e.g., encrypted backups for 30 days).

SAGE retains all rights in the SAGE platform itself — code, UI, branding, aggregated anonymized insights. We don't use your individual shop data to train third-party AI models.

8. Third-party services

SAGE integrates with Shopify, Square, Lightspeed, BigCommerce, Etsy, Mailchimp, Facebook, Instagram, Google, Stripe, AWS SES, Resend, Twilio, and others. Each of those services has its own terms; your connection grants SAGE scoped access on your behalf, but the underlying relationships are still between you and those vendors. SAGE isn't liable for outages, policy changes, or account suspensions imposed by third parties.

For Google Business Profile workflows, SAGE only works on profiles you own, manage, or are authorized to manage. Google Business Profile is a Google service provided at no additional charge. SAGE may charge for its independent dashboard and marketing workflow, not for Google Business Profile itself. SAGE does not use Google Business Profile APIs for lead generation or scraping, and SAGE removes Business Profile management access within 7 business days after your disconnect request. More details are posted on the SAGE Google Business Profile API compliance page.

For Etsy workflows, the term "Etsy" is a trademark of Etsy, Inc. This application uses the Etsy API but is not endorsed or certified by Etsy, Inc.

SMS and text messaging require express opt-in from the recipient. Consent must be separate from these Terms, unchecked by default on web forms, and clear about the kinds of texts the recipient will receive. Message frequency varies; message and data rates may apply; recipients can reply STOP to opt out or HELP for help. SMS consent is not required to buy anything or use non-SMS SAGE features. See SMS consent and opt-out.

9. AI-generated content

SAGE uses AI models (including Anthropic Claude, Google Gemini, and others) to draft email subject lines, bodies, social captions, and meta descriptions. Review every draft before sending. You are responsible for final copy that goes out under your shop's name. SAGE runs automated moderation on drafts but cannot guarantee an AI output is free of errors, bias, or unintentional claims.

10. Privacy

Our handling of shop data and customer data is governed by our Privacy Policy, which is incorporated by reference. If there's ever a conflict between these Terms and the Privacy Policy on a privacy matter, the Privacy Policy controls.

11. Warranties & disclaimers

SAGE is provided on an "as-is" and "as-available" basis. We make no warranty that the service will be uninterrupted, error-free, secure against every threat, or that any particular marketing outcome will result. To the maximum extent permitted by law, we disclaim all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement.

12. Liability limits

To the maximum extent permitted by applicable law, SAGE's total liability to you for any claim arising out of or related to these Terms or the service is capped at the greater of (a) $100 or (b) the fees you paid SAGE in the 12 months preceding the event that gave rise to the claim. SAGE isn't liable for indirect, incidental, special, consequential, exemplary, or punitive damages — including lost profits, lost revenue, lost data, or business interruption — even if we were advised of the possibility.

13. Indemnification

You agree to defend, indemnify, and hold harmless SIMCO LLC, its officers, employees, and agents from any claim, demand, or damages arising out of (a) your violation of these Terms, (b) content you sent through SAGE, or (c) your violation of any third-party right.

14. Termination

• By you: cancel anytime via the dashboard.
• By us: we may suspend or terminate accounts that violate these Terms, create legal or safety risk, or engage in abusive use of the platform. Where practical, we'll give notice and a chance to cure.
• Sections 7, 8, 11, 12, 13, 14, 15, and 16 survive termination.

15. Governing law

These Terms are governed by the laws of the State of Minnesota, without regard to conflict-of-laws rules. Any dispute arising under these Terms that isn't resolved through good-faith discussion will be brought exclusively in the state or federal courts located in Minnesota, and you consent to personal jurisdiction there. If you're a consumer in a jurisdiction that guarantees a different forum, that jurisdiction's mandatory consumer-protection rules still apply.

16. Changes to these Terms

We may update these Terms as SAGE evolves. Material changes (new fees, new obligations, new liability shifts) get at least 30 days' prior notice via email plus a dashboard banner. Non-material changes (clarifications, typo fixes) are posted here with an updated "Last updated" date. Continued use of SAGE after a change takes effect constitutes acceptance.

17. Miscellaneous

• Entire agreement: these Terms plus the Privacy Policy are the full deal between you and SAGE on the subject matter here.
• Severability: if any provision is held unenforceable, the rest stays in force.
• No waiver: a delay in enforcing any right isn't a waiver of that right.
• Assignment: you may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.
• Notice to us: in writing to [email protected].

18. Contact

Questions about these Terms: [email protected].