Terms of Service

Who these terms are for

These terms apply when you use a Nudgely popup on an online store, or when you receive text messages sent through Nudgely. They are an agreement between you and Nudgely LLC. By signing up through a Nudgely popup, or by continuing to receive texts sent through Nudgely, you agree to them.

How we handle your information is explained in our Privacy Policy.

If you run a store that uses Nudgely, your agreement with us is the Merchant Agreement.

What Nudgely is

Nudgely is an app that online stores use to show popups, give out discount codes and send text messages to people who sign up. The store you signed up with is the business that is messaging you. Nudgely runs the technology on its behalf.

When you buy something, you are buying from that store, not from Nudgely. The store's own terms and policies apply to your order, its products, its prices and its returns.

Text messages

If you give your phone number and agree to receive texts, you will receive recurring automated marketing text messages from the store you signed up with, sent using Nudgely. They may include your discount code, reminders, and suggestions for products from that store. Messages may be written automatically, using an AI model, based on that store and its products.

• Consent is not a condition of purchase. You do not have to agree to texts to buy anything.
• Message frequency varies.
• Message and data rates may apply, according to your mobile plan.
• To stop, reply STOP to any message. We also accept CANCEL, END, QUIT, UNSUBSCRIBE, STOPALL, OPTOUT and REVOKE. Replying STOP stops all text messages from that store sent through Nudgely. You will get one message confirming it, and nothing after that.
• To start again after stopping, reply START.
• For help, reply HELP, or email graham@nudgely.io.
• Texts are sent to United States mobile numbers only.
• Mobile carriers are not liable for delayed or undelivered messages.

Only sign up with a number that is yours, or that you are allowed to use. If you give up or change your number, reply STOP from it first so the next person to have it is not messaged.

Popups, games and discount codes

• To get a discount through a popup you may need to give the contact details it asks for. The popup says what it needs before you submit.
• Discounts are offered by the store, not by Nudgely. The store decides what a code is worth, what it applies to and when it expires, and may end an offer at any time.
• A code is for your own use at that store. Do not use a popup to collect codes in bulk or sign other people up.

Things you must not do

Do not give someone else's phone number or email address, try to interfere with or overload a popup or the messaging service, or use them for anything unlawful.

Disclaimers

Popups and messages are provided as is. To the extent the law allows, Nudgely gives no warranties about them, and does not promise they will always be available or free of errors. Nudgely is not responsible for the products, prices or offers of the stores that use it.

Liability

To the extent the law allows, Nudgely is not liable for indirect, incidental, special or consequential losses, and our total liability to you is limited to one hundred US dollars.

Nothing in these terms limits any right you have that the law does not allow to be limited.

Governing law

These terms are governed by the laws of the State of Tennessee, United States, without regard to its conflict of laws rules. Any dispute about them will be heard in the courts located in Tennessee, unless the law where you live gives you the right to bring it somewhere else.

Changes to these terms

We may update these terms. When we do, we will change the date at the top of this page.

Contact

Questions about these terms: graham@nudgely.io. Nudgely LLC.