Terms of Service

1. Acceptance of Terms

If you do not agree to these Terms, do not use the Services. We may update these Terms from time to time; the "Effective date" at the top reflects the latest general release. Material changes will be communicated through the Services, by email to the address associated with your account, or by posting a notice on our website. Your continued use after the effective date of changes constitutes acceptance unless applicable law requires a different consent mechanism. If you do not accept the revised Terms, you must stop using the Services and may terminate your account as described below.

2. Eligibility and Account Registration

You must be at least eighteen (18) years of age and able to form a binding contract to use the Services. You agree to provide accurate, current, and complete registration information and to update it promptly when it changes. You are responsible for safeguarding credentials and for all activity under your account. You must notify us promptly at hello@gettradekit.com if you suspect unauthorized access. We may suspend or terminate accounts that violate these Terms, present fraud risk, or harm other users, our infrastructure, or third parties.

3. Description of the Services

TradeKit provides a cloud-based business platform oriented to trades and field service operators, which may include, without limitation: website generation and hosting tools, scheduling and booking features, customer relationship features, quoting and invoicing, communications features (such as SMS or voice-related capabilities where available), marketing and SEO-related tools, analytics dashboards, integrations, and payment facilitation as described in your plan and product documentation. Features may vary by jurisdiction, device, or rollout stage. We may modify, suspend, or discontinue parts of the Services for security, legal compliance, or product improvement, provided we use commercially reasonable efforts to minimize disruption to paying customers.

TradeKit is a product developed under Sizzle Venture Studio. References to "TradeKit" in commerce or support communications may include operational entities responsible for billing and service delivery.

4. Fees, Billing, and Payment Processing

4.1 Business Launch Fee

Access to the full TradeKit platform is subject to a one-time Business Launch Fee, currently one hundred forty-nine United States dollars (USD $149), unless otherwise stated at checkout or in a signed order form. This fee covers onboarding, configuration, and activation of the Services described at the time of purchase. Taxes may apply where required by law.

4.2 No Monthly Platform Fee

Unless you agree to a different written arrangement, TradeKit does not charge a recurring monthly subscription fee for the standard platform offering described on our public pricing page. Promotional or enterprise agreements may include different fee schedules, which will control if explicitly agreed in writing.

4.3 Processing Fees

When you accept payments through the Services, payment processing is provided by third-party payment processors (currently Stripe, Inc. and its affiliates, or another processor we designate). You authorize TradeKit and its processors to initiate charges, credits, and settlements in accordance with your instructions and applicable network rules. Processing fees for card-present and card-not-present transactions, ACH transfers, and other payment methods are disclosed in the product interface and marketing materials, including without limitation: online card payments at 4.9% + $0.30 per successful charge; in-person tap-to-pay card payments at 4.6% + $0.10; ACH debits at 2.0%; and $0 platform processing fees for cash or check payments recorded through the Services (subject to honest recording and compliance with applicable law). Rates may change with reasonable advance notice; continued acceptance of electronic payments after notice constitutes agreement to new rates unless you stop using payment features.

4.4 Payouts, Chargebacks, and Reserves

Payout timing, reserve policies, and dispute handling follow the payment processor's terms and card network rules. You are responsible for fulfillment, refunds, chargebacks, and customer service related to your goods and services. We may offset amounts you owe to TradeKit against settlements when permitted by law and processor agreements.

5. Stripe and Third-Party Services

Your use of payment functionality is subject to the Stripe Connected Account Agreement (or equivalent) and Stripe Services Agreement, including geographic and industry restrictions. The Services may integrate email delivery (e.g., Resend), telecommunications (e.g., Twilio), artificial intelligence providers (e.g., OpenAI), hosting and infrastructure (e.g., Amazon Web Services), analytics tools, and other vendors. Your data may be processed by those providers solely to deliver the features you enable. Third-party terms and privacy notices apply in addition to ours.

6. User Content and License to TradeKit

You retain ownership of content you upload or submit—logos, photos, job notes, customer lists, messages, and similar materials ("User Content"). You represent that you have all rights necessary to provide User Content and that it does not infringe third-party rights or violate law. You grant TradeKit a worldwide, non-exclusive, royalty-free license to host, reproduce, modify (for formatting or display), distribute, and display User Content solely to operate, improve, secure, and promote the Services for you. You may revoke this license by deleting applicable content or closing your account, except where retention is required for legal, security, or backup reasons.

You may not upload unlawful, harassing, discriminatory, or deceptive content; malware; or material that violates intellectual property rights. We may remove content or disable features that create liability for TradeKit or others.

7. TradeKit Intellectual Property

The Services, including software, templates, visual design, documentation, trademarks, and branding (excluding your User Content), are owned by TradeKit or its licensors and are protected by copyright, trademark, and other laws. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services during your subscription or active account period. You may not reverse engineer, scrape, resell, or white-label the Services except as expressly permitted in writing.

8. Acceptable Use

You agree not to:

• Use the Services for unlawful, fraudulent, or exploitative purposes;
• Send unsolicited spam or violate telemarketing, SMS, or email regulations (including TCPA and CAN-SPAM where applicable);
• Interfere with or disrupt the integrity or performance of the Services or third-party systems;
• Attempt to gain unauthorized access to accounts, data, or networks;
• Use the Services to compete with or benchmark TradeKit for commercial publication without prior written consent;
• Misrepresent your trade credentials, licensing, or insurance status to consumers.

We may investigate violations and cooperate with law enforcement. Suspension may occur without prior notice where necessary to prevent harm.

9. Confidentiality and Data

Our collection and use of personal information is described in the TradeKit Privacy Policy. You are responsible for complying with privacy laws applicable to your business (including notice and consent for customer data you collect). You will not use the Services to process protected health information in violation of HIPAA unless we have executed a Business Associate Agreement explicitly covering such use.

10. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, TRADEKIT DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS. YOU ARE SOLELY RESPONSIBLE FOR YOUR COMPLIANCE WITH LAWS GOVERNING YOUR TRADE, ADVERTISING, CONTRACTING, TAXES, AND INSURANCE.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL TRADEKIT, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TRADEKIT'S AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO TRADEKIT FOR THE SERVICES IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY, OR (B) ONE HUNDRED U.S. DOLLARS (USD $100). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS; IN THOSE CASES, OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

12. Indemnification

You will defend, indemnify, and hold harmless TradeKit and its affiliates from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from your User Content, your services performed for customers, your violation of these Terms, or your violation of third-party rights or law. We may assume exclusive defense and control of any matter subject to indemnification at your expense, and you will cooperate reasonably with our defense.

13. Term, Suspension, and Termination

These Terms begin when you first use the Services and continue until terminated. You may terminate by closing your account through available self-service tools or by written notice to hello@gettradekit.com. We may suspend or terminate access for breach, non-payment of undisputed fees, legal requirement, or extended inactivity as described in product policies. Upon termination, your right to use the Services ceases; we may delete data subject to our Privacy Policy and legal retention obligations. Sections intended to survive (including intellectual property, disclaimers, limitation of liability, indemnity, governing law, and dispute resolution) will survive termination.

There is no cancellation fee for the standard consumer-facing offering described on our pricing page; optional third-party charges (such as domain registrars) may still apply independently.

14. Governing Law

These Terms are governed by the laws of the State of Missouri, United States, without regard to conflict-of-law principles that would require application of another jurisdiction's laws, except that the U.S. Federal Arbitration Act governs arbitration as described below.

15. Dispute Resolution; Arbitration

For users located in the United States, you and TradeKit agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services (collectively, "Disputes") will be resolved exclusively through binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, except that either party may seek injunctive relief in court for misuse of intellectual property or unauthorized access. YOU AND TRADEKIT WAIVE ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE PROCEEDING. If this arbitration clause is found unenforceable, Disputes will be litigated exclusively in state or federal courts located in St. Louis County or the City of St. Louis, Missouri, and you consent to personal jurisdiction there. Users outside the United States may be subject to different mandatory local dispute mechanisms; where prohibited by law, this section does not apply.

16. Export and Sanctions Compliance

You may not use the Services in embargoed countries or in violation of U.S. or applicable export control and sanctions laws. You represent that you are not listed on any government denied-party list.

17. Modifications to the Services and Terms

We may add, change, or retire features to reflect technology, regulation, or customer needs. We will provide notice of material adverse changes to fees or core functionality where required by law. Your exclusive remedy for disagreement with a change is to stop using the Services and terminate your account.

18. General

These Terms constitute the entire agreement between you and TradeKit regarding the Services and supersede prior oral or written understandings. If any provision is unenforceable, the remaining provisions remain in effect. Failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. Notices to you may be sent to your account email or posted within the Services.

19. Contact

Questions about these Terms: hello@gettradekit.com
TradeKit — a Sizzle Venture Studio product, St. Louis, Missouri, United States.