Terms of Service
1. Agreement to Terms
Welcome to Welvyn ("Welvyn," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of our website, services, and any automations, communications, or marketing tools we provide (collectively, the "Services"). By accessing our website or engaging our Services, you agree to be bound by these Terms. If you do not agree, please do not use our Services.
2. Description of Services
Welvyn provides marketing automation services for local trade businesses, including but not limited to:
Automated review request messaging sent to customers after service completion
Seasonal re-engagement campaigns to reconnect with past customers
Related SMS, email, and workflow automation services delivered through third-party platforms
Services are delivered using third-party software platforms (such as GoHighLevel). Welvyn configures, manages, and maintains these automations on behalf of the client but does not own or operate the underlying platform infrastructure.
3. Eligibility
By using our Services, you represent that you are at least 18 years old and have the legal authority to enter into these Terms on behalf of yourself or the business you represent.
4. Client Responsibilities
To provide our Services, we may require access to certain client systems, customer contact information, or business details. By providing this information, you represent that:
You have the legal right to share this information with us
You have obtained any necessary consent from your customers to be contacted via SMS, email, or other communication methods
The information provided is accurate and up to date
You are responsible for ensuring your own compliance with applicable laws regarding customer communications, including but not limited to consent requirements for text message marketing (such as TCPA in the United States or equivalent regulations elsewhere).
5. Fees and Payment
Fees for our Services will be agreed upon before work begins, whether as a flat fee, monthly subscription, or other structure communicated directly to you. Payment is due according to the schedule agreed upon at the time of engagement. We reserve the right to suspend or terminate Services for accounts with unpaid or overdue balances.
Prices may change over time. Where applicable, we will provide reasonable notice of any pricing changes before they take effect for existing clients.
6. Refunds and Cancellations
Refund eligibility, if any, will be addressed on a case-by-case basis and communicated at the time of service agreement. You may cancel ongoing Services at any time by providing written notice (including email). Cancellation will take effect at the end of the current billing period unless otherwise agreed.
7. SMS and Communication Compliance
Where our Services include sending SMS, email, or other messages to your customers on your behalf, you confirm that:
You have obtained proper opt-in consent from each recipient before we begin sending messages to them
You will honor opt-out requests (such as replies of "STOP") promptly
You will not direct us to send messages that are misleading, unsolicited without consent, or in violation of applicable law
Welvyn is not responsible for penalties, fines, or legal consequences arising from a client's failure to obtain proper consent from their own customers.
8. Third-Party Platforms
Our Services rely on third-party software platforms that we do not own or control. We are not responsible for outages, bugs, pricing changes, feature changes, or service interruptions caused by these third-party providers. We will make reasonable efforts to notify clients of any significant disruptions and to find alternative solutions where possible.
9. Intellectual Property
All content on the Welvyn website, including logos, graphics, text, and branding, is the property of Welvyn unless otherwise stated. You may not copy, reproduce, or use our branding or website content without written permission.
Any custom automations, workflows, or configurations built specifically for a client remain the property of that client once fully paid for, though the underlying tools and templates used to build them remain Welvyn's intellectual property.
10. No Guarantee of Results
While we aim to help your business generate more reviews and re-engage past customers, we do not guarantee specific results, including but not limited to a specific number of reviews, customer responses, or revenue increases. Results depend on many factors outside our control, including your customer base, industry, and market conditions.
11. Limitation of Liability
To the fullest extent permitted by law, Welvyn shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of our Services, including but not limited to loss of profits, data, or business opportunities. Our total liability for any claim arising from these Terms or our Services shall not exceed the amount paid by you to Welvyn in the three (3) months preceding the claim.
12. Indemnification
You agree to indemnify and hold harmless Welvyn, its owner, and any affiliates from any claims, damages, losses, or expenses (including legal fees) arising from your breach of these Terms, your violation of any law, or your misuse of our Services.
13. Termination
We reserve the right to suspend or terminate your access to our Services at any time, with or without notice, if we believe you have violated these Terms or engaged in conduct that is harmful to Welvyn or its other clients.
14. Changes to These Terms
We may update these Terms from time to time. Continued use of our website or Services after changes are posted constitutes acceptance of the revised Terms. We encourage you to review this page periodically.
15. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada, without regard to its conflict of law provisions.
16. Contact Us
If you have any questions about these Terms, please contact us .