Terms of Service

Last Modified: September 11, 2025

Welcome to the Pagoda Labs website, owned and operated by Pagoda Labs, a company registered in Massachusetts, United States at 769 Centre St, Suite 219, Jamaica Plain, MA 02130, and any of its subsidiaries or affiliates (“Company,” “we,” “us” or “our”). These Terms of Service (“Terms”) govern your use of the website located at https://www.getpagoda.com/ (the “Site”) and all related products, services, tools, mobile applications, web applications, and any other technology platforms or tools located at any Company websites, including without limitation, successor website(s) or application(s) thereto (collectively, the “Services”). The terms “you,” “your” or “user” refers to you, the user. If you are using the Services on behalf of a business, association, or other entity, “you” or “your” will also refer to such business, association, or other entity, unless the context clearly dictates otherwise. You agree that you are authorized to consent to these terms on behalf of such business, association, or other entity, and we can rely on this.

Important Notices

PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (a) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST COMPANY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (b) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (c) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.

These Terms Set Forth a Legally Binding Agreement

Please read these Terms of Service very carefully before accessing or using our Services. By using/ continuing to use our Services, you acknowledge you have read and understand and agree to be bound by the Terms of Service, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. Please print a copy of this agreement for your records. If you do not agree to all the terms and conditions of these Terms of Service, then you may not access or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Eligibility to Use the Services

To use the Services you must be, and represent and warrant that you are, at least the age of majority in your state, province or jurisdiction of residence, or if you are under the age of majority in your state, province, or jurisdiction of residence, you represent and warrant that your parent or legal guardian has reviewed these Terms of Service with you and accepts them on your behalf; parents or legal guardians are responsible for the activities of their minor dependents while using the Services. You warrant and represent that: (a) all registration information you submit will be true, accurate, current, and complete; (b) you will maintain the accuracy of such information and promptly update such registration information as necessary; (c) you have the legal capacity and you agree to comply with these Terms; (d) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Services; (e) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (f) you will not use the Services for any illegal or unauthorized purpose; and (g) your use of the Services will not violate any applicable law or regulation.

Privacy Policy

Please refer to our Privacy Policy for information about how we collect, use, store and disclose your personal information. 

1. The Services

We provide websites, booking software, and payment solutions for hair and nail salons. We reserve the right, but are not obligated, to limit the sales of our Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis, in our sole discretion. All descriptions of Services are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any Service at any time. Any offer for any Service is void where prohibited.

  1. Intellectual Property Ownership; Third-Party Websites
  2. Intellectual Property Ownership. All content on the Services (including, for example, text, designs, graphics, logos, icons, images, audio clips, downloads, interfaces, information, code and software, and the selection and manner of compilation and presentation) (collectively, the “Content”), is owned by Company, our content providers, or our licensors (as applicable), and may be protected by copyright, trademark, and other applicable laws.

Your access to and use of the Services does not grant you any license or right to use any copyrighted materials or any trademark, logo, or service mark displayed on the Services. Company, our content providers, or our licensors (as applicable) retain full and complete title to and reserve all rights in the material on the Services, including all associated intellectual property rights. Company neither warrants nor represents that your use of materials on the Services will not infringe rights of third parties.

You may access the Services only for your permitted use under these Terms of Service, and you may not modify or delete any copyright, trademark, or other proprietary notice relating to any material you access. You agree not to display or use in any manner the Company marks without Company's advance written permission.

All software used on the Services is the property of Company or our licensors and protected by United States and international copyright laws, and subject to separate license terms, in which case those license terms will govern such software. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services, use of the Services, or access to the Services or any contact on the website through which the Services are provided, without express written permission by us.

All rights not expressly granted herein are reserved by Company, our affiliates, and licensors. Without limiting the generality of the foregoing, Company, our affiliates, and licensors You agree to abide by all additional restrictions displayed on the Services as they may be updated from time to time.

  1. Feedback. By sending us any feedback, comments, questions, ideas, proposals, or suggestions concerning Company or any of our Services whether online, by email, by postal mail, or otherwise (collectively, “Feedback”), you represent and warrant (i) that you have the right to disclose the Feedback, (ii) that the Feedback does not violate the rights of any other person or entity, including, but not limited to, intellectual property rights, such as infringing a copyright, trademark, or patent; violating a right of privacy, attribution or withdrawal; or otherwise misappropriating a trade secret, and (iii) that your Feedback does not contain the confidential or proprietary information of any third party or parties. By sending us any Feedback, you further (1) agree that we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (2) acknowledge that we may have something similar to the Feedback already under consideration or in development, and (3) grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license, under all intellectual property rights, to use, make, have made, incorporate into our Services, modify, copy, display, perform, distribute, prepare derivative works, publish, distribute, and sublicense the Feedback, without any credit or compensation to you. This Feedback section shall survive any termination of your account or any aspect of the Services.
  2. Third-Party Websites. Certain content, products, and services available via the Services may include materials from third parties or provide you with access to third-party tools, products, and resources over which we neither monitor nor have any control nor input.  Further, third-party links on our Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites, or for any other materials, products, or services of third parties. The views expressed in third-party materials, websites, resources, products, or services are those of such third-party, and do not necessarily reflect our views.

You acknowledge and agree that we provide access to such materials, products, websites, tools, and resources “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We do not warrant and will not have any liability or responsibility arising from or relating to third-party materials, websites, tools, products, and resources. Any use by you of third-party materials, tools, products, services, and resources offered through the Services is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which such items are provided by the relevant third-party provider(s).

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. You may not use third-party content without that third-party’s permission, or as otherwise allowed by law. Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the applicable third-party.

  1. Errors, Inaccuracies and Omissions. Occasionally there may be information on the Services that contains typographical errors, inaccuracies, or omissions that may relate to Services’ descriptions, pricing, promotions, offers. We reserve the right, without prior notice, to (i) correct any errors, inaccuracies, or omissions, and (ii) change or update information or cancel orders, if any information in the Services or on any related website is inaccurate at any time (including after you have submitted your order).

We undertake no obligation to update, amend, or clarify information in the Services or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Services or on any related website, should be taken to indicate that all information in the Services or on any related website has been modified or updated.

  1.  Statistical Information. We may derive and compile, either manually or automatically, anonymized and aggregated data related to the performance, operation, and use of the Services (“Statistical Information”) including by you, and use such Statistical Information for our business purposes, including for operations management, for research and development, and for sharing with relevant parties. We own the rights in and to such Statistical Information. 
  2. Customer Data
  3. Ownership of Customer Data. You retain all rights and ownership in the data, content, and materials that you or your authorized users upload, submit, or import into the Services (collectively, “Customer Data”). Except for the license granted to us below, nothing in these Terms transfers ownership of your Customer Data to Company.
  4. License to Use Customer Data. By submitting or uploading Customer Data to the Services, you grant Company and its affiliates a non-exclusive, worldwide, royalty-free license to host, reproduce, process, transmit, and otherwise use your Customer Data to provide, maintain, and improve the Services and to fulfill your instructions or requests. This license enables us to, for example, back up your information, display it to you and those you authorize, and modify its format as needed for performance (such as converting files or formatting data). We will not access or use your Customer Data for any other purposes except as permitted by these Terms, our Privacy Policy, or as required by law. You represent and warrant that you have all necessary rights and permissions to provide the Customer Data to Company and to grant the above license.
  5. Confidentiality and Privacy. We understand that your Customer Data may be sensitive to you. Company will treat Customer Data as your confidential information. We will not disclose your Customer Data to any third party except: (i) as needed to operate or support the Services; (ii) as directed or authorized by you, or (iii) as required by law or legal process. Any personal information included in Customer Data will be handled in accordance with our Privacy Policy. 
  6. Data Retention and Deletion. Upon termination of your account or upon your specific request, Company will, within a commercially reasonable timeframe, delete or de-identify your Customer Data stored on the Services, except to the extent we are required to retain it by law or permitted to retain it under our Privacy Policy (for example, for backup archives or dispute resolution). We have no obligation to retain Customer Data after account termination beyond any period required by law. Please ensure you have saved or backed up any Customer Data prior to terminating your account. Company shall not be liable for any data that is lost or irretrievable following the closure of your account, provided we have complied with the above deletion obligations. 
  7. User Account and Security 
  8. Agreement to Provide Accurate Registration Information. If you wish to participate in certain aspects of the Services, you may need to register for an account on the Services (“Account”). By creating an Account, you agree to (i) provide accurate, current, and complete registration information about yourself, and (ii) maintain and promptly update as necessary your Account information. Any registration is solely for you and you may only use one single Account. You may not use the Accounts of others, or allow others to use your Account, and you are solely responsible for preventing such unauthorized use of your Account.
  9. User Submission of Personal Information. When creating an Account and using the Services, you will be asked to provide certain personal information. By submitting personal information through our Services, you agree to the terms of our Privacy Policy and you expressly consent to the collection, use and disclosure of your personal information in accordance with the Privacy Policy.

You grant Company and all other persons or entities involved in the operation of the Services the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Services. Company cannot and does not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received using the Services.

  1. Account Security. You acknowledge that you shall be held solely responsible and solely liable for anything that occurs in your Account and any activity resulting from your Account. You agree that we rely on the user ID (email address) and password protection format to confirm whether users accessing and using our Services are authorized to do so. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your Account. It is your sole responsibility to (i) control the dissemination and use of your user ID and password, and (ii) authorize, monitor, and control access to and use of your Account and password. You shall notify us immediately if you suspect or become aware that your Account is being used without authorization or of any other breach of security. We strongly recommend having a complex password, which should be kept secure at all times. You are also encouraged to change your password regularly.

If you wish to change your user ID associated with your Account, or cancel and remove your Account, please send us an e-mail of your request to contact@getpagoda.com. To change the password associated with your Account, you can select “Forgot Password” on the login page or in the user settings in your administrative portal. Your Account will terminate within reasonable time following your request, and from that date of termination you will no longer be able to access your Account.

  1. Consent to Receive Electronic Communications. By creating an Account, you consent to receive electronic communications from Company (e.g., via email, texts, mobile push notifications, etc.). These communications may include notices about your Account (e.g., password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys, and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein. 
  2. Opting Out. If at any time you wish to stop receiving SMS messages from us, simply reply to the text with "STOP.” You may receive an SMS message confirming your opt out.
  3. Message and Data Rates. Please be aware that message and data rates may apply to any SMS messages sent or received. The rates are determined by your carrier and the specifics of your mobile plan.
  4. Support. If you have any questions or need assistance regarding our SMS communications, please email us at contact@getpagoda.com.
  5. User is Responsible for Equipment and Software to Connect to Services. You must provide all equipment and software necessary to connect to the Services. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Services. 
  6. Company May Suspend Accounts. Company reserves the right to terminate, suspend, or restrict your access to any Account(s) if (i) we discover you have created multiple Accounts for the same user, (ii) we suspect that the Account(s) have been or will be used for any illegal, fraudulent, or otherwise unauthorized purposes, or (iii) in Company’s reasonable judgment, your use of the Services imminently threatens the security, stability, integrity or availability of the Services, or otherwise harms Company, other customers or third parties. Under no circumstances shall Company or other persons be responsible or liable for any direct, indirect, consequential, or other losses (including lost revenue, lost profits, lost business opportunities, loss of good will, or reputational harm), damages, or costs suffered by you or any other person or entity due to any such termination, suspension, or restriction of access to any Account(s). 
  7. Use Restrictions. You agree to use the Services only for purposes that are legal, proper, and in accordance with these Terms of Service and any applicable laws or regulations. Without limitation, you may not, and may not allow any third-party to: (i) undertake any unlawful activity which would violate, or assist in violation of, any law, statute, ordinance, or regulation, sanctions program administered in any relevant country; (ii) impersonate another person (via the use of an email address or otherwise); (iii) upload, post, transmit, or otherwise make available through the Services any content that infringes the intellectual or proprietary rights of any party; (iv) operate to defraud Company, other users, or any other person; (v) provide false, inaccurate, or misleading information; (vi) use the Services to violate the legal rights (such as rights of privacy and publicity) of others; (vii) engage in, promote, or encourage illegal activity (including, without limitation, tax evasion or money laundering); (viii) harvest or otherwise collect information from the Services about others, including without limitation email addresses, without proper consent; (ix) exploit the Services for any unauthorized commercial purpose; (x) modify, adapt, translate, or reverse engineer any portion of the Services; (xi) remove any copyright, trademark, or other proprietary rights notices contained in or on the Services or any part of it; (xii) use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Services or the content posted on the Services, or to collect information about its users for any unauthorized purpose; (xiii) create user accounts by automated means, or under false or fraudulent pretenses; (xiv) access or use the Services for the purpose of creating a product or service that is competitive with any of our products or Services; (xv) license, sublicense, transfer, sell, resell, rent, lease, distribute, time share, assign, share or otherwise commercially exploit or make the Services available to any third-party; (xvi) use the Services to send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (xvii) use the Services to send or store viruses, worms, time bombs, trojan horses or other harmful or malicious code, files, scripts, agents or programs; (xviii) interfere with or disrupt the integrity or performance of the Services or the data contained therein; (xix) attempt to gain unauthorized access to the Services or related systems or networks; or (xx) access the Services for purposes of monitoring its availability, performance or functionality or for any other benchmarking or competitive purposes. 
  8. Payments; Fees 
  9. Fees. Company may offer you access to various subscription plans (“Subscription(s)”). Each Subscription and its pricing and terms (collectively, the “Fees”) are described on the Site or otherwise communicated to you through the Services. Fees will be billed to your provided payment method on a recurring basis according to your Subscription (e.g., monthly, or as otherwise stated). Failure to pay the Fees when due will result in removal or suspension of your access to the Services (including any Rental Items provided). Unless otherwise set forth in the applicable Subscription terms, all Fees are due and payable in advance for each Subscription period. Invoices will be sent from Company to the email address you have on file. Unless otherwise set forth in the applicable invoice, all Fees are due and payable to Company immediately upon receipt of Company’s invoice. ALL FEES ARE FINAL AND NON-REFUNDABLE. 
  10. Payment Processors. Company uses third-party providers (i.e., Stripe) to securely store your payment card information and process your payments (“Payment Processors”). When you purchase a Subscription or otherwise make an order through the Services (a “Transaction”), our Payment Processors may ask you to supply additional information relevant to your Transaction, including your credit card number, the expiration date of your credit card, and your email and postal addresses for billing and notification (such information, “Payment Information”). You will provide all Payment Information directly to our Payment Processors. You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. The amounts due and payable by you for a Transaction will be presented to you before you place your order. When you initiate a Transaction through the Services, you authorize our Payment Processors to complete your Transaction, and to charge your payment method for the Transaction (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information). By initiating a Transaction, you agree to the pricing, payment, and billing policies applicable to such fees and charges, as posted or otherwise communicated to you. All fees and applicable taxes, if any, are payable in United States dollars. All payments made are non-refundable and non-transferable except as expressly provided in these Terms of Service. 
  11. Identity Verification. Company also reserves the right, in its sole discretion, to take steps to verify your identity in connection with your Transaction. You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information).  
  12. Transaction Cancellation; Verification. Company reserves the right to not process or to cancel your Transaction in certain circumstances, for example, if your credit card is declined, if we suspect the request or Transaction is fraudulent, or in other circumstances Company deems appropriate in its sole discretion. Company will either not charge you or refund the charges for Transactions that we do not process or cancel.
  13. Fee Disputes. If you have any concerns or objections regarding charges, you agree to raise them with us first and you agree not to cancel or reject any credit card or third-party payment processing charges unless you have made a reasonable attempt at resolving the matter directly with Company.
  14. Chargebacks. Between you and us, you are solely responsible for any chargebacks, disputes, reversals, returns, or similar payment claims relating to your transactions, and any associated fees, fines, penalties, assessments, retrieval fees, or other amounts imposed by card networks, ACH operators, banks, or our Payment Processors (“Chargeback Liabilities”). To cover or mitigate any actual or anticipated Chargeback Liabilities, we may, in our sole discretion, (a) net, set off, withhold, delay, reverse, or adjust any current or future payouts to you; (b) debit any payment method or bank account on file; (c) require, fund, and maintain a reserve in an amount we determine necessary; and/or (d) suspend, limit, or terminate your access to the Services. We do not control and are not responsible for any issuer, network, bank, or Payment Processor determinations regarding chargebacks, and we have no obligation to you for the outcome of those determinations. 
  15. Promotional Offers and Credits. Company, at its sole discretion, may make promotional offers with different rates to certain users of the Services. These promotional offers are subject to these Terms of Service, and such offers may be valid only for certain users as indicated in the written offer. You agree that promotional offers: (i) may only be used by the intended audience, for the intended purpose, and in a lawful manner; (ii) may not be duplicated, sold, or transferred in any manner, or made available to the general public, unless expressly permitted by Company in writing; (iii) are subject to any additional specific terms that Company establishes for such promotional offer; (iv) cannot be redeemed for cash or cash equivalent; and (v) are not valid for use after the date indicated in the offer. Company reserves the right to modify or cancel an offer at any time. Company reserves the right to withhold or deduct credits or benefits obtained through a promotional offer in the event Company determines or believes that the redemption of the promotion or receipt of the credit or benefit was in error, fraudulent, illegal, or in violation of these Terms of Service. Any credit issued by Company is valid for any period of time that Company sets, to the extent prohibited under applicable law, and may not be redeemed for cash or cash equivalent. Expired credits are no longer redeemable and cannot be used towards any purchase or for any other purpose. 
  16. Auto-Renewal Notice. By subscribing to a monthly or annual Subscription, you acknowledge and agree that your Subscription will automatically renew at the end of each billing cycle, unless canceled in accordance with these Terms. We will send you a renewal notice prior to the end of your billing period, and your payment method will be charged automatically unless you cancel beforehand. You may cancel your subscription at any time through your account settings.
  17. Future Functionality. You agree that your purchases are not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments made by Company regarding future functionality or features unless specifically agreed upon in writing by Company.
  18. Digital Millennium Copyright Act (“DMCA”)

Company respects the intellectual property rights of others. It is our policy to respond promptly to any claim that Content infringes the copyright or other intellectual property rights of any person. Company will use reasonable efforts to investigate notices of alleged infringement and will take appropriate action the DMCA and these Terms of Service. If you believe that your copyrighted work is infringed by Content, please provide a written DMCA notice to Company at: contact@getpagoda.com.

  1. The DMCA Process and Procedure. The DMCA provides a process for a copyright owner to give notification to an online service provider concerning alleged copyright infringement. When an effective DMCA notification is received, the online service provider responds under this process by taking down the offending content. On taking down content under the DMCA, we will take reasonable steps to contact the user responsible for posting the removed content so that a counter-notification may be filed if applicable. On receiving a valid counter-notification, we generally restore the content in question, unless we receive notice from the DMCA notice provider that a legal action has been filed seeking a court order to restrain the alleged infringer from engaging in the infringing activity. Our Privacy Policy does not protect any information contained in any DMCA take-down notice or counter-notification. If you have any questions about your rights, copyright infringement or the notification and counter-notification process under the DMCA, we recommend that you speak with an attorney.
  2. Filing a DMCA “Take Down” Notification. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a take-down notification (“Take-Down Notification”) pursuant to the DMCA by providing us with the following information in writing (see 17 U.S.C. § 512 for further detail):
  3. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  4. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works, a representative list of such works at that website;
  5. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; Providing URLs in the body of your DMCA notification is the best way to help us locate content quickly
  6. Information reasonably sufficient to permit us to contact you (the complaining party), such as an address, telephone number, and electronic mail address at which you (the complaining party) may be contacted;
  7. A statement that you (the complaining party) have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  8. A statement that the information in the notification is accurate, and under penalty of perjury, that you (the complaining party) are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and

Any person who knowingly materially misrepresents that content or an activity is infringing or that any material or activity was removed or disabled by mistake or misidentification, shall be liable to us and possibly others for any damages, including costs and attorneys’ fees incurred by us in removing or disabling access to the material or activity claimed to be infringing or in replacing the removed material or enabling access to it.

  1. Responding to a DMCA Notice with a Counter-Notification. We will take reasonable steps to promptly inform you if your content has been taken down upon receipt of an effective Take-Down Notification. If you believe that the content that was removed or to which access was disabled is not infringing, or that you have the authorization from the copyright owner or the copyright owner’s agent or pursuant to the law, to use the material, you may send us a counter notification (“Counter Notification”) containing the following information:
  2. Your physical or electronic signature;
  3. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
  4. A statement that you have a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and
  5. Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the U.S. district court in the state in which you reside (or the U.S. district court where our headquarters are located if your address is outside of the United States), and a statement that you will accept service of process from the person who provided notification of the alleged infringement to us.

You have ten (10) business days after receipt of a Take-Down Notification to send us an effective Counter Notification or the allegedly infringing material may not be restored.

Any person who knowingly materially misrepresents that material or activity is infringing or that any material or activity was removed or disabled by mistake or misidentification, shall be liable to us for any damages, including costs and attorneys’ fees incurred by us in removing or disabling access to the material or activity claimed to be infringing or in replacing the removed material or enabling access to it.

  1. Where to Send a DMCA Request. You must submit your DMCA Take-Down Notification and Counter Notifications to us by email.

✉️ Email Address: contact@getpagoda.com 

Subject/Heading of Email: DMCA Take Down Notification 

  1. DMCA Notices Must Comply with These Requirements. Official DMCA Notices must provide all the information described above in order to be effective. If your DMCA Notice is ineffective, we may ignore it and have no obligation to remove the allegedly infringing content.
  2. Company has the Right to Remove Allegedly Infringing Content. Company reserves the right to remove any content that allegedly infringes another person's copyright or trademark rights, thereby restricting access to or visibility of the content on the Services and restricting the owner's ability to buy, sell, access, or view the content on the Services. All transactions involving the Services are conducted with the knowledge and assumption of the risk that the content may subsequently be removed from the Services because of a DMCA dispute or a user’s violation of this Agreement. Company shall not be liable to a user of content that was subsequently taken down by Company pursuant to a valid Take-Down Notification or a determination of a user’s violation of this Agreement.
  3. Indemnification

You agree to indemnify, defend and hold harmless Company and its subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from and against any and all losses, claims, damages, judgments, demands, actions, proceedings, investigations (whether formal or informal), or expenses (including reasonable attorneys’ fees), or threats thereof, due to, arising out of or relating to (a) your breach of these Terms of Service or the documents they incorporate by reference; (b) your violation of (i) any law or (ii) the rights of a third-party; (c) your use of the Services (including any personal  injury, death, or damage to real or tangible personal property arising from or connected with your use of the Services); (d) your violation of the rights of a third party, including but not limited to intellectual property rights; or (e) any overt harmful act toward any other user of the Services with whom you connected via the Services. 

In the event of such a claim, suit, or action, we will attempt to provide you notice of the claim, suit, or action at the contact information we have for your account/on file (provided, that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder). Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Company in asserting any available defenses. You agree that the provisions in this section will survive any termination of your account, these Terms of Service, or your access to the Services, including the purchase or use of any benefits through the Services.

  1. Disclaimers and Limitations on Our Liability
  2. Company Makes No Representations or Warranties; Disclaimer. YOU EXPRESSLY AGREE THAT THE USE OF, OR INABILITY TO USE, THE SERVICES IS AT YOUR SOLE RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, COMPANY AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS DISCLAIM ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THOSE RELATED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

The Services are provided “AS IS” and “AS AVAILABLE.” Company provides the Services, information, materials, and/or data contained therein for informational and educational purposes only. TO THE EXTENT PERMITTED BY APPLICABLE LAW, COMPANY AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, CURRENCY, OR SUITABILITY OF CONTENT AVAILABLE ON OR THROUGH THE SERVICES, OR THE CONTENT OF ANY THIRD-PARTY WEBSITES OR SERVICES LINKED TO OR INTEGRATED WITH OUR SERVICES. WE DO NOT REPRESENT OR WARRANT THAT (I) YOUR USE OF OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (II) ANY ERRORS IN THE SERVICE WILL BE CORRECTED, (III) THE QUALITY OF THE SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU WILL MEET YOUR EXPECTATIONS, (IV) THE SERVICES WILL BE FREE OF ANY WORMS OR VIRUSES OR ANY CODE OF A MALICIOUS AND/ OR DESTRUCTIVE NATURE, (V) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (VI) YOUR USE OF THE SERVICES WILL RESULT IN ANY BUSINESS RELATED IMPROVEMENTS OR OUTCOMES. 

COMPANY AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (i) ERRORS, MISTAKES OR INACCURACIES OF CONTENT; (ii) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES OR CONSUMPTION OF ANY CONTENT; (iii) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL INFORMATION OR USER DATA; (iv) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SERVICES; (v) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE SERVICES; (vi) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR SHARED THROUGH THE SERVICES; OR (vii) LOSS OR DAMAGED CAUSED BY ANOTHER USER’S VIOLATION OF THESE TERMS OF SERVICE.

  1. Limitation on Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL COMPANY AND ITS AFFILIATES, OFFICERS, DIRECTORS, AFFILIATES, AGENTS, CONTRACTORS, REPRESENTATIVES, INTERNS, SUPPLIERS, SERVICE PROVIDERS, OR LICENSORS BE RESPONSIBLE FOR ANY LOSS INCLUDING, WITHOUT LIMITATION, LOST PROFITS, REVENUES, OR FINANCIAL LOSSES, OR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM THESE TERMS OF SERVICE OR THE SERVICES, OR FOR ANY DAMAGES RELATED TO THE LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF USE, LOSS OF GOODWILL OR LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, IN NO EVENT SHALL THE MAXIMUM TOTAL LIABILITY OF COMPANY AND ITS AFFILIATES, FOR ANY CLAIMS ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS OF SERVICE OR THE ACCESS TO AND USE OF THE SERVICES, EXCEED THE GREATER OF (i) $100 OR (ii) TO THE TOTAL AMOUNT YOU PAID TO COMPANY IN FEES OVER THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE CLAIM. 

Some jurisdictions do not allow the exclusion of certain warranties and limitations of liability provided in this section. If you are in such a jurisdiction, some of the above limitations and disclaimers may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any implied warranty or limit our liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted by applicable law. 

  1. Communications

Company may communicate with you using email, phone calls, chatbots and text messages, including autodialed or prerecorded calls and text messages, at any email address or telephone number that you provide us, to: (a) notify you regarding your Account; (b) provide customer support; (c) troubleshoot problems with your Account; (d) resolve a dispute; (e) collect a debt; (f) poll your opinions through surveys or questionnaires; or (g) as otherwise necessary to service your account or enforce these Terms of Service, our policies, applicable law, or any other agreement we may have with you. 

If you would like to receive marketing via mobile texts and alerts, you may sign up to do so. By signing up, you provide your consent to receive recurring autodialed marketing texts or other mobile messages from or on behalf of us at the mobile number you've provided. You understand that consent is not a condition of purchase. Message and data rates may apply. If you would like to be removed from the Company marketing text list, you must reply STOP to any mobile message. If at any time you intend to stop using the mobile telephone number that has been used to subscribe to text messaging, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the user opt out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these Terms of Service. You further agree that, if you discontinue the use of your mobile telephone number without notifying us of such change, you agree that you will be responsible for all costs (including attorneys' fees) and liabilities incurred by us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your Account or these Terms of Service.

YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, ET SEQ., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.

YOU REPRESENT AND WARRANT TO US THAT YOU ARE AND SHALL BE, FOR SO LONG AS YOU ACCESS OR USE THE SERVICES OR ANY ACCOUNT, IN COMPLIANCE WITH (I) THESE TERMS; (II) ALL LAWS AND REGULATIONS APPLICABLE TO THE TRANSMISSION OF ANY EMAIL, TEXT MESSAGE (E.G., SMS OR MMS MESSAGE WHATSAPP, IMESSAGE), CALL, OR PUSH NOTIFICATION (COLLECTIVELY, “COMMUNICATION(S)”) TO ANY INDIVIDUAL, INCLUDING WITHOUT LIMITATION THE TELEPHONE CONSUMER PROTECTION ACT (TCPA) AND ITS IMPLEMENTING REGULATIONS, THE CONTROLLING THE ASSAULT OF NON-SOLICITED PORNOGRAPHY AND MARKETING ACT (CAN-SPAM) AND ITS IMPLEMENTING REGULATIONS, AND ALL RELATED FEDERAL AND STATE LAWS, RULES, AND REGULATIONS; AND (III) INDUSTRY GUIDELINES AND THIRD-PARTY POLICIES APPLICABLE TO THE TRANSMISSION OF COMMUNICATIONS, INCLUDING WITHOUT LIMITATION THE CTIA SHORT CODE MONITORING PROGRAM HANDBOOK, THE CTIA MESSAGING PRINCIPLES AND BEST PRACTICES, AND WIRELESS CARRIER GUIDELINES AND POLICIES.

Company may route phone and text communications through a third-party service provider, and we or the service provider may record telephone conversations or chatbot exchanges you have with Company or its agents for quality control and training purposes, or for our own protection.

  1. Dispute Resolution
  2. Mandatory Arbitration of Disputes. We each agree that any dispute, claim, or controversy arising out of or relating to these Terms of Service or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Company agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms of Service, and that you and Company are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms of Service. 
  3. Exceptions. As limited exceptions to Section 10.a. above: (i) we both may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our respective intellectual property rights. 
  4. Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms of Service. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org. 
  5. Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules, and each party shall bear its own costs and expenses of arbitration, including legal fees. 
  6. Injunctive and Declaratory Relief.  Except as provided in Section 10.b. above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.
  7. Class Action Waiver. YOU AND COMPANY AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void. 
  8. Miscellaneous Terms
  9. These Terms of Service May Change. We reserve the right, at our sole discretion, to update, change, modify, or replace any part of these Terms of Service by posting updates and changes to the Site. We may elect to notify you of such changes by mail, email, posting of modified Terms of Service, or some other similar manner. However, it is your responsibility to check the Site regularly for changes to these Terms of Service. Your continued use of or access to the Site or the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
  10. Severability. In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions. 
  11. Termination. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use the Services, or when you cease using our Services.

We are free to terminate (or suspend access to) to your use of the Services (or any part thereof) or your Account, if (i) you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, or (ii) for any other reason in our sole discretion. We also may terminate these Terms of Service at any time without notice. Even after your right to use the Services is terminated, the obligations and liabilities of the parties incurred prior to the termination date shall survive the termination and the Terms of Service will remain enforceable against you.

Provisions that, by their nature, should survive termination of these Terms of Service shall survive termination. By way of example, but without limitation, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, and any terms regarding ownership or intellectual property rights.

  1. No Assignment of the Terms of Service. You may not assign these Terms of Service to any other party. We may assign these Terms of Service or delegate any or all of our rights and responsibilities under these Terms of Service to any third parties, without notice to you.
  2. Governing Law and Jurisdiction. These Terms of Service and all disputes arising out of or relating to the Terms of Service shall be governed by, construed, and enforced in accordance with the laws of the Commonwealth of Massachusetts in the United States, without regard to its conflict of laws principles. These disputes will be resolved exclusively in the federal and state courts in the Commonwealth of Massachusetts, and you and we consent to personal jurisdiction in those courts. 
  3. Waiver. No delay or omission by us in exercising any rights or remedies thereunder shall impair such right or remedy or be construed as a waiver of any such right or remedy. Any single or partial exercise of a right or remedy by us shall not preclude further exercise or any right or remedy by us. No waiver by us shall be valid unless in writing signed by us.
  4. Headings. The headings used in the Terms of Service are included for convenience only and will not limit or otherwise affect these Terms of Service.
  5. California Users And Residents. If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
  6. Entire Agreement. These Terms of Service, our Privacy Policy and any other policies or operating rules posted by us on the Services or in respect to the Services constitute the complete and exclusive agreement and understanding between you and us related to the Services, and supersedes any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of these Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
  7. Contact Information. Questions about the Terms of Service should be sent to us at contact@getpagoda.com or by mail to:

Pagoda Labs

769 Centre St

Suite 219

Jamaica Plain, MA 02130

United States