Terms of Use

4.1 Plan Tiers

Fledge offers the following Subscription Plans:

Plan features and pricing are as listed on fledgesoftware.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

All Subscription Plans include 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 will be downgraded or suspended.
• Trial accounts are limited to the features of the selected plan tier and 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 4.5.
• 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 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.

4.5 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.

4.6 Plan Upgrades and Downgrades

• Upgrading to a higher tier takes effect immediately. The price difference for the remaining billing period is charged on a pro-rated basis.
• Downgrading to a lower tier takes effect at the end of the current billing period. Features or usage limits of the lower tier apply from that date.
• Usage that exceeds your plan's limits (e.g., jobs per month) may result in feature restriction until your next billing period or an upgrade prompt.

4.7 Bundles

Fledge offers Bundles that combine multiple Applications under a single Subscription Plan at a combined price:

• Fledge Solo— the Growth Engine, FledgePOS (with no per-invoice fee on Fledge-processed invoicing), and Fledge Connect with one mailbox.
• Fledge Crew— everything in Fledge Solo, plus additional Fledge Connect mailboxes for your team.

Bundle contents and pricing are as listed on fledgesoftware.com/pricing at the time of subscription. A Bundle is billed as one Subscription Plan; cancelling a Bundle ends access to all Applications included in it at the end of the billing period. Annual Bundles receive the same 15% discount described in Section 4.3. Standard third-party transaction fees (such as Stripe payment-processing fees on FledgePOS sales) are not waived by any Bundle unless expressly stated.

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.

7.1 AI Outreach Agent Service

The AI Outreach Agent Service provides context-configured AI agents that autonomously execute SMS outreach campaigns on your behalf. Service tiers are priced at $299/month (standard), $599/month (advanced), or at a custom rate for enterprise or high-volume configurations.

By enrolling in this service:

• You authorize Fledge to configure and operate AI agents using the business context you provide (services, tone, target customers, local market information) to generate and send SMS messages to your End Customers.
• You represent that you have obtained all required consents from any End Customer contacted through AI agent campaigns.
• You remain the sender of record for all messages. AI agent activity does not transfer your TCPA obligations to Fledge.
• Fledge does not guarantee specific campaign performance, review acquisition rates, or revenue outcomes.
• This service is provided month-to-month and may be cancelled with 30 days' written notice. The current month's fee is non-refundable upon cancellation.

7.2 Virtual Assistant (VA) Service

The VA Service provides human-in-the-loop support for customer follow-up, inbox management, appointment coordination, and outreach oversight. Pricing is provided in a separate service agreement or quote.

The specific scope, deliverables, and service level for VA engagements are governed by the separate agreement between you and Fledge for that service. These Terms apply to your general use of the Platform in connection with the VA Service.

7.3 Social Media Planning Add-On

The Social Media Planning Add-On provides content calendar management, post scheduling, cross-platform publishing, and analytics at a flat monthly fee with usage-based overages as disclosed at signup.

You are responsible for ensuring that all content published through this add-on complies with the terms of service of the applicable social media platforms (Instagram, Facebook, Google Business, etc.) and with applicable advertising and endorsement laws.

7.4 Future Services

Fledge is developing additional services including but not limited to: AI inbound call/message handling, reputation monitoring, demand forecasting, email marketing, a white-label agency portal, a franchise licensing module, and a developer API. These services are not yet available. When made available, they will be governed by these Terms and any applicable addendum.

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 10.
• 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 19.4 — 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.

23.1 FledgePOS — Point of Sale & Payments

• You are the merchant of record.Payments you accept through FledgePOS — in person or online — are processed by Stripe on your behalf under your connected Stripe account. Fledge is not a party to, and does not hold, receive, or disburse funds for, those transactions. The Stripe terms in Section 8 apply.
• Sales, tax, and receipts. You are responsible for the accuracy of your catalog, prices, discounts, and tax configuration; for charging and remitting applicable taxes; and for providing lawful receipts and honoring refunds and returns to your End Customers.
• Prohibited and restricted sales.You may not use FledgePOS to sell goods or services prohibited by Stripe's Prohibited and Restricted Businesses policy or by applicable law.
• Devices and staff. You are responsible for the security of the devices on which you run FledgePOS and for the conduct of any staff users you authorize under your account.

23.2 Fledge Connect — Email, Calendar & Messaging

• Hosted mailboxes. Fledge Connect provisions business email mailboxes (on a Fledge-provided domain or your own verified domain) through our email infrastructure provider. The number of mailboxes available to you is set by your plan or Bundle, and mailboxes are provided for the legitimate business use of you and your team.
• Acceptable email use. You may not use Fledge Connect to send spam or unsolicited bulk email, to send messages that violate the CAN-SPAM Act or other applicable anti-spam or marketing laws, or to distribute malware, phishing, or fraudulent content. Bulk and marketing email must include accurate sender information and a functioning unsubscribe mechanism where required by law.
• Your content. You retain ownership of your email, calendar, contact, and message content. Fledge and its email and calendar providers process that content on your behalf to deliver the service, as described in the Privacy Policy.
• Suspension for abuse. To protect deliverability for all users, Fledge may throttle or suspend sending, or suspend a mailbox, in response to spam complaints, abuse reports, or the requirements of our email infrastructure provider.