NPE RAINMAKER™ Fair Use Policy

1. Introduction

This Fair Use Policy (“Policy”) is designed to ensure the fair and acceptable use of NPE’s RAINMAKER™ app. By using the RAINMAKER™ app, you agree to comply with this Policy. Failure to adhere to this Policy may result in actions ranging from warnings to suspension or termination of your account.

2. Primary Usage Goals

The RAINMAKER™ app is designed to support boutique fitness businesses by providing the following key services:

• Managing contacts
• Sending emails and SMS
• Email validation
• WhatsApp conversations

3. User Fees 

Table of Pay-Per-Use by Feature

Feature	Estimated Cost*
Contacts	$0.01 per contact
Users	3 Included
Emails	$0.0025 per email
SMS	$0.0079 per SMS*
MMS	Outbound: $ 0.0200 / Inbound: $ 0.0100*
Dedicated IP Address	$59 per IP address
Email Validation	$0.0025 per validation
Content AI Words	$0.009 per 1,000 words
Workflow AI Executions	$0.03 per execution
WhatsApp Conversations	$0.0740 per conversation
Phone Numbers	$1.15 per local number*
Inbound Calls	$0.0085 per minute*
Outbound Calls	$0.014 per minute*
A2P 10DLC Registration	$0.002 to $0.006 per SMS*
A2P 10DLC Carrier Fees	$0.002 to $0.006 per SMS*

*Prices can vary by country.

** Each SMS segment is calculated as follows:

Emojis.

Accented characters such as ñ, à, and ö.

Smart quotes and apostrophes such as: “, ’ vs standard ones: “, ‘

Non-GSM spaces: usually a result of copying and pasting content.

140 characters.

You can also use this app to check specific messages ahead of time:
https://twiliodeved.github.io/message-segment-calculator/

4. Fees

NPE will credit your RAINMAKER™ app $10 for help with setup and testing upon account creation. 

Your use of the RAINMAKER™ is subject to the timely payment of all fees. Fees may change from time to time. All Fees and Communications Surcharges are nonrefundable. Fees will be billed to the credit card we have on file. You agree to provide us with accurate and complete billing information (name, address, credit card information, and phone number) and notify us of any changes within 10 days of the change.

You are exclusively responsible for taxes and other governmental assessments (“Taxes”) associated with your use of the RAINMAKER™, including all Taxes associated with transactions you conduct with your customers.

If, for any reason, your credit card company declines or otherwise refuses to pay the amount owed for the Services you have purchased, you agree that we may suspend or terminate your use of RAINMAKER™ and/or delivery of Services and may require you to pay any overdue Fees and other amounts incurred (including any third-party chargeback fees or penalties) by other means acceptable to us.

All fees assessed by NPE are non-refundable. You are solely responsible for any excess Fees incurred by You as a result of an error or omission made by You or a third party. NPE does not provide Fee refunds or credits for such errors or omissions, or for a partially used or unused wallet. If you sign up for a subscription but do not access the NPE RAINMAKER™, you are still responsible for all Fees during the term of your subscription. Except as may be required by law, NPE reserves the right to issue or deny a refund or credit in its sole and absolute discretion, at any time, for any reason, and NPE’s determination of if and when to issue or deny a refund or credit is final.

5. Cancellation

If you do not renew an NPE Program you have the option to subscribe to the NPE RAINMAKER™ App to continue having access to your technology.  If you cancel your coaching program and don’t opt for an NPE RAINMAKER™ App subscription, your account will be paused for 30 days without access. During this pause period, you will be responsible for all charges incurred for services. After 30 days, the account will be deleted and all data erased. You agree that it is your responsibility to cancel all associated services (phone, automations, AI, etc.) to avoid any further charges once the app is canceled.

You are solely responsible for all financial transactions you engage in on NPE RAINMAKER™, including transactions conducted using billing tools enabled by the Services. You are exclusively responsible for all chargebacks related to your activities, regardless of the reason for the chargeback.

6. Prohibited Activities

Users of the RAINMAKER™ app are prohibited from engaging in the following activities:

• Spamming: Sending unsolicited emails or messages in bulk quantities, including but not limited to promotional emails without consent.
• Illegal Activities: Engaging in activities that are illegal or violate any applicable laws or regulations, such as fraud, phishing, or distributing counterfeit goods.
• Excessive Usage: We provide access to NPE RAINMAKER™ on a pay-as-you-use basis. We have no liability for the effect that your excessive data use may have on performance. If, at NPE’s sole discretion, we determine that your use is excessive, abusive, or has a negative effect on the platform in any way, we may require that you upgrade your Services in order to continue your activity levels.
• Service Disruption: Any activities that disrupt the normal use of the NPE RAINMAKER™ app for other users, including but not limited to DDoS attacks, hacking, or unauthorized access to other users’ accounts.
• Violation of Rights: Engaging in activities that violate the rights of others, including but not limited to intellectual property infringement, defamation, or harassment.
• Harmful or Unethical Conduct: Any conduct considered harmful or unethical by NPE, including distributing malicious software or content that promotes violence or discrimination.
• International Use: If you are in an embargoed country or are a sanctioned person or entity, you are prohibited from using NPE RAINMAKER™. Those who choose to access NPE RAINMAKER™ from other locations do so on their own initiative and at their own risk. If you choose to access the NPE RAINMAKER™ from outside the United States, you are responsible for compliance with local laws in your jurisdiction, including but not limited to, the taxation of products purchased over the Internet. Any offer for any product, Services, and/or information made in connection with NPE RAINMAKER™ is void where prohibited.

7. Enforcement Actions

If you violate this Fair Use Policy, NPE reserves the right to take the following actions:

• Warnings: Issuing warnings regarding the violation.
• Suspension: Temporarily suspending your account to prevent further violations.
• Termination: Terminating your account in cases of severe or repeated violations.

8. Support and Compliance

To ensure compliance with this Policy and to seek support, users can:

• Contact Customer Support: Reach out through the Members Area for any issues or questions.
• Review User Guidelines: Access user guidelines, lessons, and FAQs provided in the Members Area to ensure proper usage.
• Best Practices: Follow the best practices and recommendations provided by NPE to optimize app usage and avoid violations. If you do not follow the best practice guidelines it is your responsibility to submit documentation on your behalf to third-party service providers to reactive services.
• Customization & Feature Requests: Clients can request customization or additional features for the NPE RAINMAKER™ app. We maintain a backlog of feature requests and review them periodically. While we may add future features and integrations, there is no guarantee. Customization and integration of the app with third-party services are at the client’s discretion and expense. If customization or integration efforts result in issues or break app functionality, it is the client’s responsibility. Should you require our assistance to resolve these issues, additional charges may apply.
• App Transfer Policy: As part of the NPE policy, we do not transfer the NPE RAINMAKER™ app to another agency.

9. Changes to the Policy

NPE reserves the right to modify this Fair Use Policy at any time. Changes will be communicated to users through the RAINMAKER™ app.