These Terms of Service ("Terms") govern your access to and use of the websites, SMS workflows, hosted websites, review-request tools, and related services provided by SGS126-440 LLC, doing business as Shinglekit ("Shinglekit," "we," "our," or "us").
By accessing or using the Services, you agree to these Terms and to the Shinglekit Privacy Policy. If you do not agree, do not use the Services.
Shinglekit provides a managed website and review-request service for local businesses. Depending on the service plan and workflow state, the Services may include:
The Services are designed as a managed service. Shinglekit may change, improve, suspend, or discontinue parts of the Services at any time, subject to applicable law and any active paid commitments we have expressly made to you.
You represent and warrant that:
If you are using the Services for a company or other entity, you represent that you have authority to bind that entity to these Terms.
Shinglekit may use publicly available information to prepare a preview website prior to your signup as part of the service offering. This may include business name, address, phone number, hours, service categories, public business descriptions, and other similar public-facing business information.
Shinglekit websites are built using a combination of:
By using the Services, you acknowledge and agree that:
You retain ownership of trademarks, logos, business names, and other content you provide to Shinglekit.
You represent and warrant that you have the right to provide, approve, and authorize us to use any text, logo, image, testimonial, review excerpt, phone number, customer contact information, or other content you submit or direct us to use.
You are solely responsible for ensuring that:
Shinglekit retains all right, title, and interest in and to the Shinglekit platform, service workflows, template system, software, design framework, code, and all underlying proprietary materials used to create and operate the Services.
During your active subscription or active service term, Shinglekit grants you a limited, non-exclusive, non-transferable right to use the website and related service outputs we provide for your business as part of the Services.
Unless expressly agreed otherwise in writing:
Upon cancellation, any customer-owned content reasonably separable from the Shinglekit platform may be returned or exported in a commercially reasonable format if requested, but Shinglekit is not required to provide a turnkey transfer of its proprietary managed-service implementation unless separately agreed in writing.
If Shinglekit registers or manages a domain name for you as part of the Services:
If your subscription ends and your account is in good standing, Shinglekit will take commercially reasonable steps to transfer control of the domain to you within 30 days of a written transfer request, subject to:
By providing your mobile number and using the Services, you expressly consent to receive SMS messages from Shinglekit related to your account and the Services, including:
Message and data rates may apply depending on your carrier plan.
Message frequency varies based on your account activity and service state. For review-request workflows, one message is sent per customer job submission.
You may opt out of SMS messages by replying STOP where applicable. If you opt out of essential operational messages, some or all functionality of the Services may no longer be available.
You are responsible for ensuring the phone number you provide to us belongs to you or that you are authorized to use it for service communications.
If you instruct Shinglekit to send review-request messages to your customers, you represent and warrant that:
Review-request messages are sent at your instruction. You are the business initiating the review-request workflow, and Shinglekit is acting as a service provider facilitating that workflow.
You agree that:
If you authorize Shinglekit to assist with setup, management, optimization, or review-request workflows connected to your Google Business Profile or similar public listings, you appoint Shinglekit as your limited agent solely for those purposes.
You represent that you have authority to grant that authorization. You remain responsible for the accuracy of your business information and for compliance with the policies of Google and any other third-party platform involved.
Fees, service scope, and billing terms may vary by service plan or promotional offer.
Unless otherwise expressly stated in the applicable signup flow or written agreement:
Already incurred charges may include:
Certain website changes are billed only when you affirmatively approve the proposed update.
When you submit a change request, Shinglekit may prepare a preview version for your review. No approval-based change charge is incurred unless you approve the change through the provided workflow.
Once approved:
If payment fails or your account becomes delinquent, Shinglekit may suspend some or all Services, including:
Shinglekit will use reasonable efforts to notify you before or at the time of suspension where practical.
You agree not to use the Services to:
We may suspend or terminate access if we reasonably believe your use violates these Terms, creates legal exposure, or risks harm to us, our vendors, or other parties.
Shinglekit does not guarantee any specific:
The Services are intended to improve public visibility and simplify website management, but outcomes depend on factors outside Shinglekit's control.
Shinglekit may rely on third-party providers, including payment processors, messaging providers, hosting providers, domain registrars, DNS providers, mail providers, and infrastructure vendors.
Shinglekit is not responsible for outages, policy changes, or performance issues caused by third-party providers beyond our reasonable control.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" TO THE MAXIMUM EXTENT PERMITTED BY LAW.
SHINGLEKIT DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
We do not warrant that the Services will be uninterrupted, error-free, secure, or suitable for every business use case.
To the fullest extent permitted by law, Shinglekit and its owners, officers, employees, contractors, and affiliates will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including loss of profits, loss of data, loss of goodwill, or business interruption.
To the fullest extent permitted by law, Shinglekit's total aggregate liability for any claim arising out of or relating to the Services or these Terms will not exceed the total amount you paid to Shinglekit in the 12 months preceding the event giving rise to the claim.
You agree to defend, indemnify, and hold harmless Shinglekit and its owners, officers, employees, contractors, and affiliates from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:
You may stop using the Services at any time.
We may suspend or terminate your access if:
Termination does not affect any rights or obligations that by their nature should survive termination, including ownership, payment obligations, indemnification, disclaimers, limitation of liability, and dispute provisions.
Shinglekit may update these Terms from time to time. If we make material changes, we may provide notice by posting the updated Terms on our website, by email, by SMS, or by another reasonable method.
Your continued use of the Services after the effective date of updated Terms constitutes acceptance of the updated Terms.
These Terms are governed by the laws of the State of New Jersey, without regard to conflict-of-law rules.
Before filing a formal legal claim, the parties agree to attempt to resolve the dispute informally by written notice and good-faith discussion for at least 30 days.
Unless otherwise required by law, any dispute arising out of or relating to these Terms or the Services will be brought exclusively in the state or federal courts located in Morris County, New Jersey, and you consent to personal jurisdiction and venue in those courts.
For questions about these Terms, please contact:
SGS126-440 LLC DBA SHINGLEKIT
18 Fern Ave, Chatham, NJ 07928
info@shinglekit.com
+1 973-309-1884