Crumbtrail Terms of Service (Client Agreement)

TEMPLATE, NOT LEGAL ADVICE. This is a starter draft. Fill in every [PLACEHOLDER] and have a licensed attorney review it before you use it with real clients.

Effective date: [EFFECTIVE DATE] Version: [VERSION NUMBER, e.g. 2026-10-v1]

These Terms of Service (the "Terms") are a contract between you, the business signing up (the "Client," "you"), and [COMPANY LEGAL NAME], a [ENTITY TYPE, e.g. Pennsylvania limited liability company] doing business as Crumbtrail ("Crumbtrail," "we," "us"). They cover every Crumbtrail service you buy, whether you sign up yourself on our website or we set you up directly.

The short version (the full Terms below control):

• We build your website and/or run your social posts and Google review replies. You approve your posts before they go out.
• Monthly plans (Social + Reviews: $199/month, or $129/month at the founding client price; Growth: $349/month) renew automatically until you cancel. You can cancel anytime; service runs through the end of the month you've paid for.
• You must own (or have permission to use) the photos, logos, and info you give us.
• We work hard, but we can't guarantee results like more followers, sales, or better ratings.
• If something goes wrong, our liability is limited (see Section 14).
• Pennsylvania law applies.

1. Accepting these Terms

1.1 You accept these Terms when you (a) check the box or click the button agreeing to them at checkout, (b) sign an order form or proposal that refers to them, or (c) use or pay for any Crumbtrail service. If you don't agree, don't sign up.

1.2 The person accepting must be at least 18 and have authority to bind the business. "You" means the business, not just that person.

1.3 If a signed order form or proposal (an "Order") conflicts with these Terms, the Order controls only for that specific item.

2. Our services

We offer the services below (each a "Service"). Details shown at checkout or in your Order are part of these Terms.

2.1 Free demo

Before you pay, we may build a free demo for your business using your photos and public information (your menu, hours, address, public photos, and reviews). A demo may include a website preview, sample social posts, and draft replies to your Google reviews. A demo is a sales sample. You're under no obligation to buy it. If you don't buy within [PREVIEW EXPIRATION, e.g. 30 days], we may take it down. We won't publish a demo as your official site, post its sample posts or review replies, or point your domain to it, without your OK.

2.2 Websites (one-time fee)

• Revisions. A "round" is one consolidated list of changes sent at the same time. Extra rounds, extra pages, or new features are charged at the flat one-off prices in Section 2.3 (or, for larger work, a flat price quoted in advance). We never bill by the hour.
• Launch. We'll launch your site after you approve it. If we're waiting on you (approval, content, or domain access) for more than [ABANDONMENT PERIOD, e.g. 30 days] after we deliver the final draft, we may treat the site as delivered.
• Online ordering (Plus). "Commission-free" means Crumbtrail takes no per-order commission. Online ordering uses a cart and pickup checkout connected to your own Stripe account: payments go directly from your customers to you, and Stripe's own processing fees apply under your agreement with Stripe. You're the seller of record and are responsible for your menu prices, taxes, refunds, order fulfillment, food safety, and customer service for orders. [CONFIRM: delivery not included; who maintains the online menu after launch.]
• Domain names. Domains should be registered in your name and account. If we register one for you, we'll do it in your name where possible and transfer it to you on request. You pay the registrar fees.

2.3 Website care (website-only clients)

Included with monthly plans. While you're on any monthly plan (Section 2.4), hosting and unlimited small updates for a website we built are included at no extra charge.

If you buy a website but not a monthly plan, you can choose a flat-price care plan:

• Turnaround (all plans). We aim to complete small updates within 1–2 business days of your request, and more difficult fixes or issues within 2–3 business days. These are targets, not guarantees, and the clock starts once we have everything we need from you.
• Small update means a change to existing content, such as menu items and prices, hours, specials, photos, events, or holiday notices. A section redo, new page, or redesign is not a small update. You request updates by email or text.
• Flat one-off prices (if you don't have a care plan that covers it): small update $25, section redo $99, new page $150, full redesign $400. We confirm the price before starting. We never bill by the hour.
• If hosting ends, we'll take the site offline after the paid period. We can give you a copy of your site files, but we can't keep hosting it.

2.4 Monthly plans

You don't need a Crumbtrail website to buy a monthly plan.

2.4A Founding client price. The first 10 paying businesses to subscribe to Social + Reviews get it for $129/month, and keep that price for as long as their subscription stays active. If you cancel and later resubscribe, the then-current regular price applies. A business with multiple locations uses one founding spot, and all of its locations get the founding rate (with the multi-location discount in 2.4B).

2.4B Multiple locations. For a business with more than one location, the first location pays the full monthly price of its plan, and each additional location on a monthly plan gets 25% off that plan's price.

While your plan is active, we will:

• Social posts. Prepare the number of posts your plan includes (3 to 5 per week on Social + Reviews, about one per day on Growth) for the platforms you choose (for example Instagram, Facebook, TikTok), with captions, hashtags, and a schedule. We build them from photos and videos you supply and from customer content collected with permission (Section 2.5). Nothing is published until you approve it (Section 5).
• Google review replies. Draft a reply to every new review on your Google Business Profile, in your voice. Under your default Review Reply Setting, we post replies to 4- and 5-star reviews based on the voice guidelines you approve, and we send 1- to 3-star reviews, and any review that raises a health, safety, legal, refund, or employee issue, to you for approval first. You can switch at any time to "approve every reply" by emailing us. [CONFIRM THIS DEFAULT, OR CHANGE TO "OWNER APPROVES EVERY REPLY"]
• Menu and hours sync (free). At no extra charge, update your menu and hours on your website, Google Business Profile, and [OTHER LISTINGS, e.g. Facebook, Yelp] when you send us changes. We only make changes you send or approve, and we aim to make them within [SYNC TURNAROUND, e.g. 2 business days].
• Monthly report (Growth plan). A short summary of what we posted, how it performed, and your reviews.

Post volume depends on content. The number of posts depends on the photos and videos you, your staff, and your customers (through the QR upload page) send us. Weeks with holidays, closures, or not enough usable photos may have fewer posts, and we may fill gaps with tips, graphics, and review posts. If you don't send content or approvals, we'll still suggest posts, but we can't publish what you haven't approved. Unused posts don't roll over and aren't refunded.

2.5 Customer content uploads (QR code feature)

As part of either monthly plan (or as described in your Order), we can give you a QR code and a branded upload page where your customers ("Diners") can upload photos and videos. Diners must check a consent box giving you, and Crumbtrail acting for you, a license to repost the content (see our Customer Content License). Diners can also choose to enter a giveaway you run.

• You are the sponsor of any giveaway and you're responsible for awarding the prize and following the Official Rules (Section 6.6).
• You decide what gets posted. We screen uploads, but you approve every post.
• Removal requests. If a Diner, or anyone shown in content, asks for it to be taken down, you agree that we may remove it from the accounts we manage. You agree to remove it from anywhere else you've used it, promptly (our goal is within 24 hours).
• Don't change the consent wording on QR materials or upload pages without our written OK.
• Diner personal information is handled under our Privacy Policy. We process it on your behalf to run this feature. We don't sell it, and we don't use Diner emails for our own marketing.

2.6 What's not included

Unless your Order says otherwise, the Services don't include paid ads or ad spend, professional photography, printing (beyond the QR materials we choose to supply), e-commerce or online-ordering systems (except the online ordering included with the Plus website), legal or regulatory advice, or responding to customers' direct messages.

2.7 Changes to Services

We may improve or change how we deliver the Services. If we materially reduce a Service you're paying for, we'll tell you at least [NOTICE PERIOD, e.g. 30 days] in advance, and you can cancel before the change takes effect.

3. Fees, billing, and automatic renewal

3.1 Payment processor. We take payments through Stripe. By paying, you also agree to Stripe's terms for payers. We don't see or store your full card number. Stripe does. You authorize us, through Stripe, to charge your payment method for all fees you sign up for.

3.2 Website fees. [CHOOSE ONE: "The full website fee is due at checkout." OR "50% is due at checkout and 50% is due before launch."] We start the final build after we receive payment.

3.3 AUTOMATIC RENEWAL. Monthly plans (Social + Reviews at $199/month, or $129/month at the founding client price; Growth at $349/month; less any multi-location discount) and website care plans (Hosting only $30/month, Hosting + Updates $100/month, Pro Care $200/month) are subscriptions that renew automatically every month until you cancel. By signing up, you authorize us to charge the then-current monthly fee, plus any applicable taxes, to your payment method on the same day each month (your "billing date"), starting on the day you sign up [or: the first billing date shown at checkout]. We'll email you a receipt or confirmation that includes how to cancel.

3.4 Free or discounted periods. If we offer a promotion, such as a free first month with a website, the checkout page will show when paid billing starts and the amount. Your plan renews at the regular price after the promotion unless you cancel before then. [IF REQUIRED BY STATE LAW: we'll send a reminder before a free trial converts to paid.]

3.5 Taxes. Prices don't include sales or other taxes. You're responsible for any that apply, other than taxes on our income.

3.6 Price changes. Except for the founding client price, which we won't raise while your subscription stays active (Section 2.4A), we may change subscription prices with at least 30 days' notice by email. The new price applies starting with your next billing date after that notice. If you don't want to pay it, cancel before then.

3.7 Failed payments. If a payment fails, Stripe may retry it. If it's still unpaid [GRACE PERIOD, e.g. 7 days] after we notify you, we may pause the Services, including taking your hosted website offline, until you pay. We'll restore them when the balance is paid.

3.8 Disputes and chargebacks. If you think a charge is wrong, email us at [email protected] within 60 days and we'll work it out. Please contact us before filing a chargeback. Billing errors we confirm will be refunded or credited.

4. Cancellation and refunds

4.1 Cancel anytime. You can cancel a monthly plan or care plan at any time by [CANCELLATION METHOD, e.g. clicking "Manage billing" in the Stripe customer portal linked in your receipts] or by emailing [email protected] with "Cancel" in the subject. Canceling online is always available. You never have to call us. We'll confirm your cancellation by email.

4.2 When cancellation takes effect. Your Service continues through the end of the billing period you've already paid for. You won't be charged again. We don't give partial-month refunds unless the law requires it or Section 4.4 applies.

4.3 Website refunds. [CHOOSE OR EDIT:] You can get a full refund of a website fee if you cancel within [REFUND WINDOW, e.g. 7 days] after paying and before we deliver the first full draft. After the first draft is delivered, website fees are non-refundable, because the work has been done. If we can't deliver the website we agreed on, we'll refund what you paid for the undelivered part.

4.4 Our mistakes. If we fail to deliver a Service you paid for in a given month, for example we didn't prepare the posts even though you sent content and approvals on time, tell us within 30 days and we'll give you a prorated credit or refund for that month.

4.5 After cancellation. When a monthly plan ends, we stop preparing posts and review replies, and we'll remove our access to your accounts (or ask you to remove it). If you're not keeping paid hosting, your website will go offline at the end of the paid period. On request within [DATA RETURN WINDOW, e.g. 30 days], we'll send you copies of your website files and the content we created for you that you've paid for. We'll then delete your data as described in our Privacy Policy. The QR upload page for your shop will be turned off, and we'll handle any remaining Diner uploads as described in the Privacy Policy.

5. Approvals

5.1 You approve all posts. We won't publish any social post on your behalf until you (or someone you've authorized) approve it in writing. That includes email, text, a reply in our approval tool, or a "thumbs up." Once you approve a post, you're responsible for it, so please check names, prices, dates, specials, allergen info, and claims.

5.2 Approvers. Tell us who can approve on your behalf. We may rely on approvals from anyone you've named or who replies from your approved email or phone number.

5.3 Websites. We launch your website, and publish major changes, only after you approve them.

5.4 Review replies follow your Review Reply Setting (Section 2.4).

5.5 Removing content. You can ask us to delete any post or reply we published, and we'll do it promptly.

6. Your responsibilities

6.1 Rights to your content. You promise that you own, or have permission to use, everything you give us or ask us to use, such as photos, videos, logos, menus, music, and text ("Client Content"), and that using it as you direct won't infringe anyone's copyright, trademark, privacy, or publicity rights. Photos of employees or customers need their permission. Don't send us photos you found online unless you have the rights to them.

6.2 Accurate information. You're responsible for the accuracy of your menu, prices, hours, specials, allergen and nutrition information, health claims, and any statements about your business. We'll publish what you give us. We aren't responsible for checking it.

6.3 Account access. You'll give us the access we need, preferably by adding us as a manager or partner (for example on your Google Business Profile or in Meta Business Suite) rather than sharing passwords. You stay the owner of your accounts. You can remove our access anytime, but some Services will stop working if you do.

6.4 Timely cooperation. Send content, feedback, and approvals reasonably promptly. Delays on your side may delay our work, and they don't reduce your fees.

6.5 Lawful business. You'll use the Services only for a lawful business and comply with the laws that apply to you, including food, alcohol, health, and advertising laws.

6.6 Giveaways. If you run a giveaway through the upload feature, you're the sponsor. You agree to (a) adopt and follow Official Rules (we provide a template, but you're responsible for the final rules and for checking local requirements), (b) award the prize as stated, (c) never require a purchase or a review to enter, and (d) handle any prize tax paperwork (for example IRS Form 1099 for prizes worth $600 or more).

7. Platform rules and honest marketing

7.1 Third-party platforms. Instagram, Facebook (Meta), TikTok, Google, Stripe, your domain registrar, and other services we use or post to ("Platforms") are run by other companies under their own terms. We don't control them. Platforms may change features, algorithms, or rules, or limit or suspend accounts. We're not responsible for that, and the Services may need to change as a result.

7.2 We follow Platform rules, and so must you. You agree not to ask us to do anything that breaks Platform rules or the law. In particular, we will not:

• write or post fake reviews or testimonials, or post reviews on your behalf;
• offer or arrange rewards, discounts, or giveaway entries in exchange for reviews, or ask only happy customers to leave reviews ("review gating");
• buy followers, likes, or engagement;
• tag people or businesses who aren't in the content, or impersonate anyone;
• hide paid relationships or material connections that must be disclosed under FTC rules.

7.3 We may refuse, edit, or remove any content we reasonably believe breaks these rules, the law, or someone else's rights.

8. No guarantee of results

We'll perform the Services carefully and professionally. But we don't promise any particular result. That includes followers, likes, reach, website traffic, search ranking, review ratings, foot traffic, or sales. Results depend on many things outside our control, including Platform algorithms, your products and service, and your market. Any examples, estimates, or past results we share are illustrations, not promises.

9. Ownership and licenses

9.1 Your stuff stays yours. You keep ownership of your Client Content, your accounts, your brand, and your domain. You give us a non-exclusive, royalty-free license to use Client Content to provide the Services while your account is active, and as needed afterward to wind down.

9.2 What we make for you. Once you've paid in full, you own the final website copy, final social post captions, and graphics we create specifically for you ("Deliverables"), except for the items in Section 9.3.

9.3 What we keep. We keep ownership of our templates, code, design systems, tools, know-how, caption templates, and anything we created before or apart from your project ("Crumbtrail Materials"). To the extent Crumbtrail Materials are part of your website or Deliverables, we give you a perpetual, non-exclusive, royalty-free license to use them as part of those Deliverables for your business. Stock photos, fonts, and other third-party materials stay under their own licenses.

9.4 Customer content. Content uploaded by Diners stays owned by the Diner. It's licensed to you and to us (acting for you) under the Customer Content License. That license ends for posts that are removed on request.

9.5 Portfolio. [OPTIONAL, KEEP OR DELETE:] We may show your website and published posts in our portfolio and marketing, and name you as a client, unless you tell us not to. We won't use Diner content in our own marketing without separate permission.

9.6 Feedback. If you give us ideas or suggestions, we may use them without owing you anything.

10. Confidentiality and data

10.1 Each of us will keep the other's non-public business information confidential and use it only for this relationship. That includes passwords, access credentials, pricing, and sales data. This doesn't cover information that's public, already known, independently developed, or that must be disclosed by law.

10.2 We handle personal information under our Privacy Policy. For Diner uploads and giveaway entries, we act as your service provider: we process that information on your instructions and to provide the Services, we don't sell it, and we'll delete it as described in the Privacy Policy or when you ask. You'll use Diner information only as allowed by the consent the Diner gave, the Official Rules, and the law.

10.3 We use reasonable security measures, but no system is perfectly secure. Tell us right away if you think someone has misused access you've given us.

11. Third-party services

The Services rely on third-party tools and hosting. We're not responsible for outages, changes, or failures of third-party services we don't control, but we'll work in good faith to restore your Services.

12. Disclaimer of warranties

EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE SERVICES AND DELIVERABLES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT ALLOWED BY LAW, WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

13. Indemnification

13.1 By you. You'll defend and indemnify Crumbtrail, its owners, and its contractors against third-party claims, and the related losses, damages, fines, and reasonable attorneys' fees, arising from (a) your Client Content, (b) your products, food, services, or premises, (c) content or replies you approved, (d) a giveaway you sponsor, or (e) your breach of these Terms or the law.

13.2 By us. We'll defend and indemnify you against third-party claims that Deliverables we created (not including Client Content, Diner content, or third-party materials) infringe someone's copyright.

13.3 The party seeking indemnity must promptly notify the other, let it control the defense, and reasonably cooperate. No settlement that admits fault for the indemnified party may be made without its consent.

14. Limitation of liability

14.1 TO THE FULLEST EXTENT ALLOWED BY LAW, NEITHER PARTY IS LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL, EVEN IF TOLD THEY WERE POSSIBLE.

14.2 CAP. TO THE FULLEST EXTENT ALLOWED BY LAW, CRUMBTRAIL'S TOTAL LIABILITY FOR ALL CLAIMS RELATED TO THESE TERMS OR THE SERVICES IS LIMITED TO THE AMOUNT YOU PAID US IN THE [LIABILITY CAP PERIOD, e.g. 3 / 6 / 12] MONTHS BEFORE THE EVENT THAT GAVE RISE TO THE CLAIM.

14.3 These limits don't apply to your payment obligations, either party's indemnification obligations, or liability that can't be limited by law (such as for fraud or willful misconduct).

15. Term and termination

15.1 Term. These Terms apply from when you accept them until all your Services have ended and any amounts owed are paid.

15.2 By you. You can cancel subscriptions anytime under Section 4.

15.3 By us. We may suspend or end Services (a) if you don't pay (Section 3.7), (b) if you materially breach these Terms and don't fix it within 10 days of our notice, (c) immediately if you ask us to do something illegal or against Platform rules, or are abusive to our team, or (d) for any reason with [TERMINATION NOTICE, e.g. 30 days'] notice. If we end Services under (d), we'll refund prepaid fees for undelivered work.

15.4 What survives. Sections on fees owed, ownership, confidentiality, disclaimers, indemnification, limitation of liability, and disputes survive termination.

16. Governing law and disputes

16.1 Pennsylvania law. These Terms are governed by the laws of the Commonwealth of Pennsylvania, without regard to its conflict-of-law rules.

16.2 Talk to us first. Before filing a claim, the party with the complaint will email the other a written description. Both parties will try in good faith to resolve it within 30 days.

16.3 Where. If it isn't resolved, any lawsuit must be brought in the state courts located in [COUNTY, e.g. Philadelphia County], Pennsylvania, or the U.S. District Court for the Eastern District of Pennsylvania, and both parties consent to those courts. Either party may bring an eligible claim in small claims court (in Philadelphia, Municipal Court). [OPTIONAL, ASK ATTORNEY: arbitration clause and class-action waiver.]

16.4 Either party may seek an injunction to protect its intellectual property or confidential information in any court with jurisdiction.

17. General terms

17.1 Notices. We'll send notices to the email address on your account. Send notices to us at [email protected] and, for legal notices, also by mail to [COMPANY LEGAL NAME], [MAILING ADDRESS]. You agree to receive notices, receipts, and agreements electronically.

17.2 Changes to these Terms. We may update these Terms. For material changes, we'll email you at least 30 days before they take effect. If you keep using the Services after the effective date, you accept the update. If you don't agree, cancel before then. Changes won't apply to a dispute that arose before the change.

17.3 Independent contractors. We're an independent contractor, not your employee, partner, or agent, except that we act as your authorized agent for the limited purpose of posting approved content and review replies to your accounts.

17.4 Subcontractors and tools. We may use contractors and software tools, including automated drafting tools, to help deliver the Services. We remain responsible for their work under these Terms, and humans review content before it goes to you for approval.

17.5 Assignment. You can't transfer these Terms without our written consent. We may transfer them as part of a merger, acquisition, or sale of our business, with notice to you.

17.6 Force majeure. Neither party is liable for delays caused by events beyond its reasonable control, such as Platform outages, internet failures, natural disasters, or government action. This doesn't excuse payment.

17.7 Entire agreement; severability; waiver. These Terms, any Order, and the policies linked here are the entire agreement on this subject. If any part is unenforceable, the rest stays in effect. Not enforcing a right isn't a waiver of it.

18. Contact

[COMPANY LEGAL NAME] d/b/a Crumbtrail [MAILING ADDRESS] Email: [email protected]