Suds's Terms & EULA
Our all-in-one software has a range of use cases that varies from business to business, country to country.
1. Terms of Use
By accessing the website at https://getsuds.com, and/or our mobile field service app and/or our mobile customer app, and/or registering as a new user via our apps or website provided by Suds Inc (USA & Global), Suds PTY LTD (AU), “Suds”, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site and/or our mobile apps. The materials contained in this website and our mobile apps are protected by applicable copyright and trademark law.
1a. Licensed Application End User License Agreement
Apps made available through Suds, Inc., whether on the Apple App Store or Google Play, are licensed, not sold, to you. Your license to each App is subject to your prior acceptance of either this Licensed Application End User License Agreement (“Standard EULA”) or a custom end-user license agreement between you and Suds, Inc. (“Custom EULA”), if one is provided. Your license to any Suds App under this Standard EULA or Custom EULA is granted by Suds, Inc., and your license to any Third-Party App under this Standard EULA or Custom EULA is granted by the Application Provider of that Third-Party App. Any App that is subject to this Standard EULA is referred to herein as the “Licensed Application.” Suds, Inc. or the Application Provider, as applicable (“Licensor”), reserves all rights in and to the Licensed Application not expressly granted to you under this Standard EULA.
a. Scope of License: Licensor grants to you a nontransferable license to use the Licensed Application on any device that you own or control, whether it is an Apple-branded product or an Android device, as permitted by the Usage Rules of the Apple App Store or Google Play. The terms of this Standard EULA will govern any content, materials, or services accessible from or purchased within the Licensed Application, as well as upgrades provided by Licensor that replace or supplement the original Licensed Application, unless such upgrade is accompanied by a Custom EULA. Except as provided in the Usage Rules of the Apple App Store or Google Play, you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute, or sublicense the Licensed Application, and if you sell your device to a third party, you must remove the Licensed Application from the device before doing so. You may not copy (except as permitted by this license and the Usage Rules), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing the use of any open-sourced components included with the Licensed Application).
b. Consent to Use of Data: You agree that Licensor may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Licensed Application. Licensor may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
c. Termination: This Standard EULA is effective until terminated by you or Licensor. Your rights under this Standard EULA will terminate automatically if you fail to comply with any of its terms.
d. External Services: The Licensed Application may enable access to Licensor’s and/or third-party services and websites (collectively and individually, “External Services”). You agree to use the External Services at your sole risk. Licensor is not responsible for examining or evaluating the content or accuracy of any third-party External Services and shall not be liable for any such third-party External Services. Data displayed by any Licensed Application or External Service, including but not limited to financial, medical, and location information, is for general informational purposes only and is not guaranteed by Licensor or its agents. You will not use the External Services in any manner that is inconsistent with the terms of this Standard EULA or that infringes the intellectual property rights of Licensor or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten, or defame any person or entity, and that Licensor is not responsible for any such use. External Services may not be available in all languages or in your country, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. Licensor reserves the right to change, suspend, remove, disable, or impose access restrictions or limits on any External Services at any time without notice or liability to you.
e. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
f. Limitation of Liability: TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Licensor’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above-stated remedy fails of its essential purpose.
g. Export Compliance: You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.
h. Government End Users: The Licensed Application and related documentation are “Commercial Items,” as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished rights reserved under the copyright laws of the United States.
i. Governing Law: Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and Suds, Inc. shall be governed by the laws of the State of Texas, excluding its conflicts of law provisions. You and Suds, Inc. agree to submit to the personal and exclusive jurisdiction of the courts located within the county of USA, Texas, to resolve any dispute or claim arising from this Agreement. If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Service from the U.S.; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from this Agreement shall be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province, or country identified below whose law governs: If you are a citizen of any European Union country or Switzerland, Norway, or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence. Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.
2. Use license
a. Permission is granted to temporarily view one copy of the materials, or download the “apps” (information and/or software as a service) on Suds’s website (https://getsuds.com) for personal, non-commercial transitory viewing only for the duration of your free trial, or active subscription. This permission is solely a grant of a license to access our services, and in no way is this licence, or any payments made to Suds, considered as a transfer of title, sale, or ownership of Suds’s software, and under this license you may not:
i. attempt to modify and/or copy the materials;
ii. use the materials for any commercial purpose, or for any public display (commercial or non-commercial) without written permission;
iii. attempt to decompile and/or reverse engineer and/or inspect any software contained on Suds’s website (https://getsuds.com) and/or in Suds’s mobile apps;
iv. remove any copyright or other proprietary notations from the materials;
v. relay and/or transfer the materials to a conflicting third party;
vi. transfer or attempt to transfer the materials to another person or “mirror” the materials on any other server.
b. This license shall automatically terminate if you violate any of these restrictions.
c. Suds also reserves the right to terminate your free trial, and license at anytime without reason should we suspect your use of our software is not for typical reasons of our intended audience.
d. Upon terminating your access and viewing of these materials, and/or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
3. Disclaimer
a. The materials on Suds’s website (https://getsuds.com) and mobile apps are provided on an ‘as is’ basis. Suds makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
b. Suds does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website (https://getsuds.com) or otherwise relating to such materials or on any sites linked to this site or our mobile apps.
4. Limitations
In no event shall Suds or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Suds’s website (https://getsuds.com) or apps, even if Suds or a Suds authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
5. Accuracy of materials
The materials appearing on Suds’s website (https://getsuds.com) or mobile apps could include technical, typographical, or photographic errors. Suds does not warrant that any of the materials on its website or mobile apps are accurate, complete or current. Suds may make changes to the materials contained on its website (https://getsuds.com), which includes but isn’t limited to features and bonuses included in plans, and/or mobile apps at any time without notice. However Suds does not make any commitment to update the materials or notify you of updates.
6. Links
Suds has not reviewed all of the sites linked to its website (https://getsuds.com) or mobile apps and is not responsible for the contents of any such linked site. The inclusion of any link does not imply any endorsement by Suds of the site. Use of any such linked website is at the user’s own risk.
7. Restricted business types
New account registrations in the following industries will be deleted:
a. Pornography;
b. Telecommunications, information, technology, computer network and/or technical support services which are located outside of the country they registered in;
c. Gambling or gaming services of any kind;
d. Cyber lockers and cloud storage;
e. Foreign currency trading;
f. Money service agencies and remittance providers;
g. Bitcoin and virtual currencies;
h. Tobacco, tobacco related products, electronic cigarettes and vapour ingestion devices;
i. Airlines;
j. Illicit drugs;
k. Pharmaceuticals;
m. Multi-level marketing or pyramid schemes;
n. Counterfeit products;
o. Fortune tellers, hypnosis or similar;
p. Debt refinancing or collection and related services;
q. Loan providers;
r. Selling social media follows, likes or similar;
s. Surgical or invasive cosmetic procedures;
t. Drug paraphernalia;
u. Get rich quick schemes;
v. Weapons;
w. VPN service providers;
x. Illegal products or services;
y. Products or services that infringe on the legal rights of another party;
z. Any business at our discretion that appears to be deceptive, unidentifiable by email and/or website, unfair and/or or is prohibited by one or more card schemes.
8. Platform and subscription fees
a. You agree that once your trial has ended, a monthly or annual subscription payment for access to Suds, will be billed in advance via the designated credit card provided in the Suds CRM. A refund after this point is not applicable, and any extra job usage above monthly allowances will be billed at the end of the month.
b. You agree that monthly plan job allowances will be deducted once a job has been booked, and the scheduled time has past.
c. Should a monthly or annual subscription payment for any of our plans and/or apps and/or any fees remain outstanding for 48 hours we will restrict your access to Suds.
d. Automatic billing of your platform fees will continue indefinitely in accordance with our terms unless canceled by contacting Suds Support at : support@getsuds.com
and receiving a cancellation confirmation. You will be notified of each transaction via email & in your account.
e. Once canceled, the subscription will continue until the end of the month or year on a normal billing cycle, where you will have normal usage until the end of the month or year. You will not be eligible for a pro-rata refund for the then-current subscription period before cancellation, of which Suds will bill you for any outstanding usage charges, and continue to do so until payment is received. Any and all apps will also be deleted upon cancellation. Suds reserves the right to terminate your access and license earlier upon the cancellation request without reason should we suspect your use of our software is not for typical reasons of our intended audience.
f. The amount of any Suds fees or the method of calculating any Suds fees may be amended by us from time to time and published at
https://getsuds.com/pricing
out of courtesy we will attempt to notify you in writing by email or electronic communication with at least 28 days notice should fees or plans differ. At our discretion, without reason, Suds reserves the right to restrict platform access should we suspect avoidance of fees.
g. If a plan is canceled due to non-payment of platform fees (including plan & app fees), and the company wants to reactivate their plan, any and all outstanding platform fees must be paid before Suds can re-activate the company on Suds. If re-activation is requested for an app, you must have an active subscription for an app, and pay a fee of $149.00 USD per app. If it has been more than 30 days Suds cannot guarantee the full restoration of the account.
h. There is a non-refundable $99 fee for each Suds fee Chargeback and/or billing dispute, regardless of the outcome of the dispute with you and/or your card provider. Sometimes chargebacks are accidental, but if we determine, in our sole discretion, that you have excessive Suds fee Chargebacks, we will limit your account and contest these chargebacks. For more information please refer to: 10. Chargeback and Payment Dispute Policy.
i. Suds requires 30 days written notice to cancel your subscription.
Cancellation requests should be sent to: support@getsuds.com
j. Outstanding jobs within your Suds account are your responsibility to manage. Suds takes no responsibility for job management.
k. Any refunds will be minus 3% credit card fees.
l. Any jobs exceeding the allocated limit for your plan will incur a fee of $1.00 per job ($1.49 in Australia and other regions with higher SMS costs).
m. In the US and Australia, a 0.5% convenience fee applies when using third-party payment gateways like Square and Stripe. No convenience fee is charged when using SudsPAY.
n. Any outstanding fees owed to Suds will be sent to debt collection + $2500.00 admin fee + all debt collection costs will be passed on to the company/individual owing fees.
9a. Payment Processing Agreement – SudsPAY (USA)
This Payment Processing Agreement is entered into between Suds Inc. (“Platform”) and you, the business entity using SudsPAY (“Merchant”).
In addition to its core services offering, Suds offers embedded payment processing services, which include credit card, debit card, ACH, and other payment processing services, as may be offered from time to time (collectively the “Processing Services”).
a. Definitions: This Payment Processing Agreement outlines the payment processing services provided through SudsPAY, powered by Rainforest. “Processing” refers to the authorization, capture, settlement, and reporting of card-based transactions on behalf of a Merchant by a payment Processor. “Merchant” refers to the individual or business entity that accepts card payments for goods or services through the Suds platform. “Platform” refers to Suds Inc., the provider of software and services that enable Merchants to manage and accept payments through SudsPAY, powered by Rainforest.
b. Processor Relationship: Suds partners with Rainforest Payments, a registered Payment Facilitator and Level 1 PCI Compliant Service Provider, who acts as the Processor of card transactions and is a registered agent of Citizens Bank, N.A. and Sutton Bank. By using the Processing Services, Merchant agrees to the Processing Terms and Conditions available here, which may be amended at any time on notice.
c. Fees and Settlements: You agree to pay all applicable processing fees for transactions submitted through the SudsPAY Payment Service. Fees are deducted from the transaction amount prior to settlement. Processing fees are 2.9% + $0.30 per transaction. For card-present transactions using Suds-approved hardware, a reduced fee of 2.59% + $0.30 applies. Suds may charge your connected bank account or credit card on file to resolve any unpaid fees or adjustments.
d. Chargebacks and Disputes: You are liable for any and all chargebacks, and fees associated with each chargeback. Each chargeback will incur a non-refundable $30 fee, regardless of the outcome of the dispute. You are responsible for managing chargeback responses through the Suds platform as directed. If you have questions or need assistance with a dispute, contact:
mail: support@getsuds.com
e. Payout Timing: Funds are settled to your designated bank account on a rolling 2-business-day cycle. Transactions processed before 7:00 PM ET will be included in that day’s batch settlement.
f. Withholding and Risk: Suds reserves the right to withhold payouts, request additional verification, or terminate your access to SudsPAY if your account is associated with high chargeback risk, suspected fraudulent activity, or engagement in restricted business types, as determined by Suds or Rainforest.
g. Platform Liability Limitation: Suds acts solely as a software provider and facilitator of access to third-party payment processing services. The Merchant agrees to fully indemnify, defend, and hold harmless Suds from any and all losses, liabilities, claims, chargebacks, refunds, transaction errors, fraudulent activity, or violations of card brand or Processor rules arising from their use of SudsPAY. Suds shall bear no financial responsibility for any actions or omissions of the Merchant related to payment processing. If Suds incurs any past or future financial losses as a result of your chargebacks, failed refunds, or any other activity conducted through SudsPAY, we will pursue full recovery of those losses through all legal means available to us. This includes, where applicable, holding the owners, officers, or responsible individuals personally liable, especially in cases involving negligence, misrepresentation, fraud, or failure to meet financial obligations.
h. Platform Fees: Suds may deduct any outstanding platform or subscription fees from your SudsPAY payouts prior to settlement
10. Chargeback and Payment Dispute Policy
Subscription fees are non-refundable except as expressly stated in Suds’s refund policy.
Failure to use the service does not entitle you to a refund or chargeback.
support@getsuds.com
support@getsuds.com to resolve the issue before initiating a chargeback.
- Suds may dispute the chargeback with your bank and provide evidence of your agreement to these terms.
- If the chargeback is ruled in Suds’s favor, you may be responsible for additional administrative or legal fees.
- You have accessed or used the service after payment.
- Suds has provided troubleshooting support and the service is operational.
- The features match those listed at the time of purchase.
mail: support@getsuds.com
mail: support@getsuds.com
- Third-party integrations (e.g., payment gateways, external software).
- Internet connectivity problems on the customer’s end.
- Device incompatibility.
11. Branded/White Label Mobile Apps
- To order and maintain an app, you must have an active Scale, Corporate or Franchise subscription. Once ordered, you agree to a 6-month contract with no option for downgrades or cancellations.
- By ordering an app through the Suds CRM, you are granted a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use a copy of the Suds Customer App or Service App. This does not constitute a transfer of ownership or title of Suds’s software.
- Once the order is placed, Suds will start the app-building process, which takes at least 30 days. Suds is not responsible for any delays, and no refunds will be issued for delays.
- Suds will provide tools to help you design your app, and on your behalf, Suds will upload the apps to the app stores using our Developer Accounts.
- After building, Suds will submit your app for approval to Google Play and the Apple App Store. Suds is not responsible for delays caused by the app stores and no refunds will be provided due to such delays.
- Once approved, Suds will transfer the app to your Developer Accounts.
- You are responsible for ensuring your app complies with Google Play and Apple App Store Terms of Service.
- Suds is not liable for app removal or denial due to breaches of app store terms. No refunds will be issued in such cases.
- If Suds platform fees are not paid, Suds will not maintain or support your app, which could result in its removal from app stores.
- If you downgrade your subscription to one without an app, your apps are automatically removed from your plan. To re-activate your apps, you will need to upgrade and pay the re-activation fee.
- If your app is removed due to content you add in violation of app store policies, Suds reserves the right to charge a month’s subscription fee to rebuild and resubmit the app.
- App Push Notifications
- App Icons
- App Splash Screens
- App Store Ownership (Apps are published under your Google Play and Apple Developer Accounts, but the software remains the property of Suds)
- Customer App Side Menu Logo
- CRM Logo
- Email Header Logo
- Online Bookings Page Logo
- Email “sent from” branding
- Footer of email branding
- Branded side menu logo on online booking pages
- Suds will not build custom features.
- Features not mentioned in these terms cannot be added or modified.
- Suds’s software is not available for private label or one-time purchase.
- Emails are sent from noreply@getsuds.com (except for Corporate/Franchise Plans) but the reply-to email will be branded with your company’s email address.
- Each customer receives one free app revision. Additional revisions are charged at $149 USD per app, per platform (e.g., $149 for an iOS Customer App and $149 for an Android Customer App). Re-Activations are charged at the above rate.
13. Business Associate Agreement & HIPAA
support@getsuds.com).
b) Links to scheduled jobs and invoices can only be accessed once the customer logs into their account.
c) Sessions will logout every four hours.
b) Customizing emails, SMS & push notifications to remove PHI.
c) Turning off emails that include the clients name & email address in the reply-to field.
d) Checking with third-party integrations such as Stripe & Zapier for compliance.
14. Account Suspension & Data Access
b) Appointment history and service records
c) Account settings, automation, and reporting tools
Data will not be deleted, shared, or sold. Full access will be restored immediately upon receipt of payment.
15. End-Customer Data Use
Suds may use anonymized or aggregated customer data (that cannot be linked to individuals) to:
b) Provide benchmarks or insights
c) Power platform analytics and reporting
16. Business Data & Third-Party Sharing
b) Improve platform performance or support
c) Conduct research and product improvement initiatives
support@getsuds.com
17. Limitation of Liability
18. Customer support – Fair use policy
mail: support@getsuds.com
19. Platform – Fair use policy
20. Unlimited - Fair use policy
21. Modifications
22. Governing law
23. Contact Information
https://getsuds.com
support@getsuds.com
