Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "Customer," "you," or "your") and Whempify Marketing, LLC, a Florida limited liability company ("Whempify," "Company," "we," "us," or "our").

By accessing, registering for, or using the Whempify website, contractor ZIP intelligence platform, Whempify Score, AI market briefs, dashboards, reports, and related services (collectively, the "Services"), you agree to be bound by these Terms.

If you do not agree to these Terms, you may not access or use the Services.

The Services are intended and authorized strictly for lawful business use by contractors, home service businesses, and other business users that are organized, located, and operating in the United States of America (USA) only.

Whempify is for American (USA) businesses only. Whempify does not authorize any download, access, registration, or use of the Services by any foreign corporation, foreign business entity, foreign organization, or business located, organized, operating, or doing business outside the USA. Whempify does not offer the Services to, accept users from, or do business with foreign businesses outside the USA.

You represent that you have authority to create an account and use the Services on behalf of the business you identify in the platform.

You are responsible for ensuring that your use of the Services complies with applicable laws, regulations, professional obligations, and your own business policies.

Whempify is currently in Beta and FREE while in Beta Stage. Whempify does not require a payment card to begin using the current Services during Beta.

Beta access may include ZIP intelligence, Whempify Score context, AI market briefs, dashboard views, service-area notes, and related contractor decision-support features made available by Whempify.

Whempify may modify, add, suspend, or discontinue features at any time. If Whempify changes access terms in the future, Whempify will update the website and applicable terms before those changes apply.

You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account.

You agree to provide accurate account, company, and contact information and to keep that information reasonably current.

You must promptly notify Whempify if you believe your account has been accessed without authorization or if any security issue affects your use of the Services.

Whempify currently provides contractor-focused ZIP intelligence and AI brief features. The Services may help users review ZIP codes, local opportunity signals, demand timing, competition pressure, demographic context, market notes, scoring, and recommended next steps.

The Services do not currently submit, manage, print, mail, publish, or place advertisements or outreach on your behalf. You remain responsible for any business, advertising, sales, customer communication, or operational decisions you make outside the Services.

Whempify may improve the Services over time, but any future feature is available only when it is actually released by Whempify.

You may provide account information, company information, service-area information, ZIP code searches, business notes, files, or other content to the Services ("Customer Data").

You retain ownership of Customer Data. You grant Whempify a limited license to host, process, analyze, display, and use Customer Data as reasonably necessary to provide, secure, maintain, support, and improve the Services.

You represent that you have the necessary rights and permissions to provide Customer Data to Whempify and that your Customer Data does not violate any law or third-party rights.

The Services are not designed for highly sensitive regulated data. Unless Whempify expressly agrees in writing, you must not submit protected health information, payment card numbers, bank account numbers, Social Security numbers, biometric identifiers, government identification numbers, or other information requiring specialized regulatory handling.

You are solely responsible for any prohibited or sensitive information you choose to submit.

The Services may use artificial intelligence, statistical models, public information, third-party data sources, and automated analysis to generate scores, briefs, recommendations, reports, and other outputs.

AI-generated and data-driven outputs may be inaccurate, incomplete, delayed, outdated, or unsuitable for your particular business. They are informational only and do not constitute legal, financial, tax, professional, or compliance advice.

You are solely responsible for reviewing outputs, exercising independent business judgment, and deciding whether or how to act on any information provided by the Services.

Whempify does not guarantee leads, calls, booked jobs, revenue, profitability, market share, conversion rates, return on ad spend, customer acquisition cost, or any other business result.

Market intelligence, scores, briefs, forecasts, reports, suggested ZIP codes, and recommendations are decision-support information only. Actual results depend on factors outside Whempify's control, including service quality, pricing, response speed, reputation, competition, weather, customer demand, staffing, sales process, and local conditions.

You agree not to use the Services to:

• Violate any law, regulation, or third-party right.
• Submit false, misleading, unlawful, infringing, harmful, or unauthorized content.
• Attempt to reverse engineer, scrape, overload, disrupt, or compromise the Services.
• Bypass security controls, access another user's account, or interfere with platform operations.
• Use the Services for unlawful discrimination, deceptive practices, harassment, or harmful activity.

The Services may rely on hosting providers, analytics tools, mapping data, weather data, demographic data, artificial intelligence providers, communications tools, security tools, and other service providers that help Whempify operate and improve the Services.

Whempify does not control all third-party data sources and does not guarantee that third-party information will always be complete, accurate, current, or available.

Whempify and its licensors own all rights, title, and interest in the Services, including software, interfaces, design, workflows, scoring methods, reports, models, trade names, trademarks, and related intellectual property.

Subject to these Terms, Whempify grants you a limited, revocable, non-exclusive, non-transferable right to access and use the Services for your internal business purposes.

You may not copy, resell, sublicense, or commercially exploit the Services except as expressly permitted by Whempify in writing.

Whempify's collection, use, and protection of information is described in the Whempify Privacy Policy.

By using the Services, you acknowledge that Whempify may process information as described in the Privacy Policy and as reasonably necessary to provide, secure, maintain, support, and improve the Services.

Whempify may suspend or terminate access to the Services if Whempify believes you have violated these Terms, created security risk, submitted prohibited data, misused the Services, or engaged in unlawful or harmful activity.

You may stop using the Services at any time. Certain provisions of these Terms will survive account closure where reasonably necessary, including provisions concerning intellectual property, disclaimers, limitations of liability, indemnity, dispute resolution, and legal compliance.

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

WHEMPIFY DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, AND RELIABILITY.

Whempify does not warrant that the Services will be uninterrupted, error-free, secure, current, or free from harmful components.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WHEMPIFY SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST BUSINESS, LOST DATA, OR BUSINESS INTERRUPTION, EVEN IF WHEMPIFY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WHEMPIFY'S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100) TO THE MAXIMUM EXTENT PERMITTED BY LAW.

You agree to defend, indemnify, and hold harmless Whempify, its owners, officers, employees, contractors, agents, affiliates, successors, and assigns from and against any claims, damages, losses, liabilities, costs, and expenses arising out of or relating to your use of the Services, your Customer Data, your violation of these Terms, your violation of law, or your business decisions and customer communications outside the Services.

To the fullest extent permitted by law, disputes arising out of or relating to these Terms or the Services shall be resolved through binding individual arbitration rather than in court, except that either party may seek relief in small claims court where permitted.

You and Whempify agree to bring claims only on an individual basis and not as a plaintiff or class member in any class, collective, consolidated, or representative proceeding.

If any portion of this arbitration provision is found unenforceable, the remaining portions shall remain in effect to the maximum extent permitted by law.

These Terms are governed by the laws of the State of Florida, without regard to conflict-of-law rules, except where federal law requires otherwise.

Subject to the arbitration provision above, any permitted court proceeding shall be brought in a court of competent jurisdiction in Florida.

Whempify may update these Terms from time to time. The updated version will be posted on the website with an updated effective date.

Your continued use of the Services after updated Terms are posted means you accept the updated Terms.

If any provision of these Terms is determined to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

These Terms, together with the Privacy Policy and any written terms expressly incorporated by Whempify, constitute the entire agreement between you and Whempify regarding the Services.

You may not assign these Terms without Whempify's prior written consent. Whempify may assign these Terms as part of a merger, acquisition, corporate transaction, or transfer of business assets.

Whempify Marketing, LLC

Florida Limited Liability Company

Email: Help@WhempifyMarketing.com

Website: www.Whempify.com

All legal notices required under these Terms must be submitted in writing to the email address listed above.

BY ACCESSING OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.