These Terms of Service (the "Terms") govern your use of the Tembo field-service management platform, including the website at gettembo.app, the customer portal, and any related APIs, mobile experiences, and messaging services (together, the "Service"). By accessing or using the Service, you agree to these Terms. If you do not agree, do not use the Service.
The Service
Tembo provides a platform that service-based businesses ("Businesses") use to manage customers, quotes, jobs, visits, invoicing, and customer communication, including SMS sent on the Business's behalf. End customers of those Businesses may also access portions of the Service through a customer portal.
Accounts
You must provide accurate and current information when creating an account and keep that information up to date. You are responsible for safeguarding your credentials and for any activity under your account. Notify us promptly if you suspect unauthorized access.
Acceptable use
You agree not to use the Service to:
- Send unsolicited commercial messages, "spam," or messages that violate the Telephone Consumer Protection Act (TCPA), CAN-SPAM, 10DLC carrier rules, or any other applicable law or carrier policy.
- Send messages to recipients who have not provided the required consent.
- Send content that is unlawful, harassing, defamatory, deceptive, fraudulent, hateful, or that infringes on the rights of others.
- Promote prohibited categories such as illegal goods, controlled substances, or other content disallowed by carrier rules.
- Attempt to disrupt, reverse-engineer, or gain unauthorized access to the Service or any system connected to it.
- Resell or sublicense the Service without our written permission.
Businesses are responsible for collecting and recording valid consent before any end-customer messaging is initiated through Tembo, and for honoring opt-outs received through any channel — see our SMS Messaging Terms for the end-customer-facing messaging program.
Customer data
When a Business uses Tembo to manage information about its end customers, the Business is the controller of that information and Tembo is the processor. The Business is responsible for the lawfulness of its data collection, the accuracy of its records, and responding to data subject requests. Tembo will assist the Business in responding to such requests as required by applicable law.
Subscriptions and billing
Use of certain Service tiers requires a paid subscription. Pricing, billing cadence, and renewal terms are presented at the time of purchase or in your order form. Subscriptions renew automatically unless cancelled before the end of the current term. Fees already paid are non-refundable except as required by law or as expressly stated in your order.
Intellectual property
Tembo retains all rights, title, and interest in the Service, including its software, trademarks, and content. You retain ownership of the content and data you submit to the Service, and you grant Tembo a worldwide, non-exclusive license to host, store, and process that content as needed to provide the Service.
Third-party services
The Service may integrate with third-party services (for example, SMS delivery, email delivery, payment processing, and AI-assisted features). Your use of those services is subject to their own terms. Tembo is not responsible for the availability or behavior of third-party services.
Disclaimers
The Service is provided "AS IS" and "AS AVAILABLE." To the fullest extent permitted by law, Tembo disclaims all warranties, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or free of harmful components.
Limitation of liability
To the fullest extent permitted by law, Tembo and its affiliates will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or for any loss of data, use, goodwill, or other intangible losses, arising out of or in connection with the Service. Tembo's aggregate liability for any claim arising out of these Terms or the Service will not exceed the amounts paid by you to Tembo in the twelve months preceding the event giving rise to the claim.
Indemnification
You agree to defend, indemnify, and hold harmless Tembo and its affiliates from any claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising out of your use of the Service in violation of these Terms or applicable law, including any messaging you send through the Service without proper consent.
Termination
You may stop using the Service at any time. We may suspend or terminate your access if you violate these Terms, if your account becomes a security or compliance risk, or if we discontinue the Service. Sections that by their nature should survive termination — for example, intellectual property, disclaimers, limitation of liability, indemnification, and governing law — will survive.
Governing law
These Terms are governed by the laws of the State of California, United States, without regard to its conflict-of-law rules. The exclusive venue for any dispute arising out of or relating to these Terms or the Service will be the state or federal courts located in California.
Changes to these Terms
We may update these Terms from time to time. Material changes will be communicated through the Service or by email. Your continued use of the Service after a change takes effect constitutes acceptance of the updated Terms. The "Last updated" date at the top of this page reflects the most recent revision.
Contact
For questions about these Terms:
- Email: support@gettembo.app