NPE RAINMAKER™ Fair Use Policy

1. Introduction

The RAINMAKER™ app helps boutique fitness businesses manage sales and marketing communications efficiently, offering tools such as contact management, email, SMS, and WhatsApp conversations. This Fair Use Policy ensures that all users can benefit equally from the app’s features. By using the RAINMAKER™ app, you agree to comply with this Policy. Non-compliance may result in warnings, suspension, or termination of your account.

2. Primary Usage Goals

The RAINMAKER™ app provides the following key features:

• Contact management
• Sending emails and SMS
• Email validation
• WhatsApp conversations

The features are designed to streamline communications, but excessive or unauthorized use may result in enforcement actions.

3. User Fees 

Table of Pay-Per-Use by Feature

* non-standard characters like emojis or accented characters may impact the segment length

Note: Rates may vary by region. For up-to-date pricing, check the RAINMAKER™ app.

4. Fees

• Fee Refunds: All fees charged by NPE are non-refundable. A one-time $10 credit is provided for setup and testing assistance.
• Credit Card Issues: If your credit card is declined, NPE reserves the right to suspend or terminate your account. It is your responsibility to update payment information within 10 days to avoid service interruptions.
• Changes to Fees: Fees are subject to change over time. Clients will be notified in advance of any updates.

5. Customization and Unsupported Modifications

RAINMAKER™ does not support modifications or customizations to templates, automations, or other app features. Making unsupported changes may result in service disruptions that will require resolution by NPE support.

• Unsupported Changes: If modifications cause the app to malfunction, NPE can assist with restoring functionality, but service charges may apply based on the complexity and time required to resolve the issue.
• Service Fees: if you delete, modify, clone, or update and don’t follow our recommendations there is a minimum service fee of 150 to fix. Service fee varies depending on the scope of work and time to fix. An estimate will be sent to you to fix within 5 business days of the issue being raised.

6. Data Ownership and Privacy

• Your Data: As a client, you own all data uploaded into the RAINMAKER™ app. NPE will not access, sell, or share personal data without explicit consent. However, NPE may use aggregated and anonymized data to improve app performance, offer insights, or develop new features.
• Data Protection: NPE takes the protection of your data seriously and employs administrative, physical, and technical safeguards to secure it. However, no method of transmission over the internet is entirely secure. We work diligently to minimize risks, but we cannot guarantee complete security.
• Privacy Compliance: NPE complies with all applicable data privacy laws, including GDPR for EU clients. Please refer to our Privacy Policy for more details on how your data is processed and protected.

7. Unauthorized Disclosure and Notification

If NPE believes that there has been an unauthorized disclosure of your data, you will be notified promptly. We will take appropriate steps to mitigate potential damage and assist you in any necessary remediation efforts.

8. Cancellation and Data Retention

If you cancel your NPE Program or RAINMAKER™ subscription, your account will be paused for 30 days. After this period, all data will be permanently deleted. You are responsible for canceling associated services (e.g., phone numbers, automations) to avoid additional charges.

• Data Export: Clients are responsible for exporting their data before account termination. NPE will not assist with data retrieval post-cancellation.
• Number Porting: There is a service fee of 39.99 per telephone number. Please note this process can take up to 3 weeks depending on the carrier.

9. Activities Not Permitted

To protect the platform and ensure fair use, the following activities are prohibited:

• Spamming: Sending unsolicited bulk emails or SMS messages.
• Illegal Activities: Engaging in fraud, phishing, or the promotion of illegal goods.
• Excessive Usage: Using more resources than your plan allows, which negatively impacts other users.
• Service Disruption: Attempting unauthorized access, hacking, or engaging in activities that disrupt platform functionality.
• Intellectual Property Violations: Violating copyrights, trademarks, or the privacy of other users.
• Malicious Conduct: Distributing malware, promoting discrimination, or violence.

10. Intellectual Property and Licensing

• Ownership: You retain ownership of all intellectual property rights for content you upload to RAINMAKER™. By using the service, you grant NPE a license to use anonymized and aggregated data to improve the app or develop new features.
• Proprietary Rights: NPE retains ownership of all proprietary elements of the RAINMAKER™ platform, including the code, design, and underlying systems. Clients are not permitted to modify, reverse-engineer, or distribute the app’s intellectual property.

11. Enforcement Actions

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

• Warnings
• Account Suspension
• Account Termination

The appropriate action will be determined based on the severity of the violation.

12. Indemnification

You agree to indemnify, defend, and hold NPE harmless from any claims, damages, or liabilities arising from your misuse of the RAINMAKER™ app, including third-party claims, intellectual property disputes, or illegal activities conducted through the platform.

13. Support and Compliance

For best practices and access to support, please refer to the guidelines in the Members Area.

• Customization Requests: While feature requests are reviewed, they are not guaranteed. Unsupported modifications or third-party integrations may disrupt service and are not supported by NPE.
• Customer Support: For assistance, please reach out via the Members Area. Following our recommended practices will help prevent service disruptions.

14. Disclaimer of Warranties

The RAINMAKER™ app is provided “as is” and “as available” without any warranties of any kind. NPE does not guarantee that the app will be error-free, uninterrupted, or meet all specific client requirements.

15. Changes to this Policy

NPE reserves the right to modify this Fair Use Policy at any time. Clients will be notified of any changes via the RAINMAKER™ app.