Terms of Service

1. Agreement

By accessing or using gizmosauce.com, our dashboard, APIs, or embedded widgets (collectively, the “Services”), you agree to these Terms. If you are using the Services on behalf of an organization, you represent that you have authority to bind that organization, and “you” and “your” refer to that organization.

These Terms incorporate by reference our Privacy Policy and, for Customers embedding widgets on Customer Sites, our Data Processing Addendum (DPA) and any additional terms shown to you in the dashboard during checkout, plan selection, or when enabling specific features.

2. Definitions

• “Customer Sites” means websites or applications where you embed GizmoSauce widgets.
• “Widgets” means the embeddable components you configure and publish using the Services.
• “Customer Content” means the configuration, text, media, data, and other materials you submit to the Services or display through Widgets.
• “Third-Party Services” means services not operated by us that you connect to or reference (for example, platforms you link, fetch from, or embed alongside).
• “Order” means the plan selection, checkout flow, subscription confirmation, or other ordering mechanism we provide for purchasing a paid plan.

If these Terms conflict with an Order, the Order controls only for billing and plan-specific limits; these Terms control for everything else unless the Order expressly says otherwise.

3. Accounts

• Eligibility: You must be able to form a legally binding contract to use the Services. The Services are not intended for children.
• You are responsible for your account credentials and for all activity under your account.
• You must provide accurate information and keep it up to date.
• You must not share access in a way that exceeds your plan limits or violates applicable law.

4. Widgets and Embedded Use

You may embed Widgets on third-party websites or applications (“Customer Sites”). You are responsible for implementation, testing, and ensuring you have all rights and permissions needed for any Customer Content you display using the Services.

You are also responsible for providing any end-user disclosures, notices, and consents required on Customer Sites (including, where applicable, cookie or tracking disclosures) in accordance with your obligations and applicable law.

5. Third-Party Services and Content

Some Widgets display content originating from Third-Party Services (for example, social posts, videos, or reviews). Where supported, we may fetch and cache that content server-side and serve it from our API to improve performance and reduce third-party scripts on Customer Sites.

• You are responsible for ensuring you have the rights to access, store, and display that content.
• You must comply with applicable third-party terms and policies for any platform you connect or reference.
• We may remove, disable, or limit a widget/source integration if required by law, a platform provider, or to protect the security and integrity of the Services.

No endorsement: We do not endorse, control, or take responsibility for Third-Party Services. Your access and use of Third-Party Services is at your sole discretion and risk, and you are responsible for evaluating their security, accuracy, reliability, compliance, and suitability for your use.

Affiliate and referral links: Some pages may include links to third-party products or services. If you click a link or make a purchase, we may receive a commission or referral credit. This does not change the price you pay, and we do not warrant or guarantee any third-party offerings.

6. Plans, Billing, Renewals, and Refunds

Current plan details and pricing are described on our Pricing page and in the dashboard at checkout.

• Free plans and trials: We may offer free tiers or trials. We may change, limit, or discontinue free tiers or trials at any time.
• Promotions and credits: Promotional offers, discounts, coupons, or credits may have restrictions, expiration dates, and eligibility requirements. We may modify or withdraw promotional offers at any time, to the extent permitted by law.
• Auto-renewal: Paid plans renew automatically unless you cancel before the end of the current billing period.
• Plan changes: If you upgrade or downgrade, we may apply prorations, credits, or immediate changes depending on the plan and billing interval offered at the time of change.
• Taxes: Fees exclude taxes. You are responsible for any taxes, levies, or duties associated with your purchase, except for taxes on our income. If a withholding is required by law, you agree to pay additional amounts so we receive the full fees owed, unless prohibited by law.
• Non-payment: We may suspend or terminate access for non-payment, suspected fraud, chargebacks, or abuse.
• Late payments: Overdue amounts may accrue interest at the maximum rate permitted by law, and you may be responsible for reasonable collection costs to the extent permitted by law.
• Fee changes: We may change our prices from time to time. Unless required otherwise by law, price changes take effect at renewal or when you place a new Order, after we provide reasonable notice (for example, via the dashboard, email, or an updated pricing page).
• Invoices and receipts: We may provide invoices or receipts electronically (for example, via email or the dashboard) and you agree to electronic delivery where permitted by law.
• Refunds: Fees are generally non-refundable except where required by applicable law or expressly stated in writing at the time of purchase.
• Chargebacks and disputes: If you initiate a chargeback or payment dispute, we may suspend your account while we investigate. You are responsible for any fees or costs we incur in responding to disputes, to the extent permitted by law.

7. Payment Widgets (e.g., Stripe Button)

Certain Widgets may enable you to link to, initiate, or facilitate payments through a Third-Party Service (for example, Stripe). We are not a bank, money transmitter, or payment processor, and we do not hold funds on your behalf.

• You are solely responsible for your payment accounts, products, pricing, taxes, refunds, fulfillment, customer support, and compliance obligations (including consumer protection and payment rules).
• Payment processing terms are between you and the Third-Party Service provider. We do not guarantee the availability, performance, or security of any payment provider.
• We may require additional verification or may disable payment-related functionality if we believe it is used in a way that increases risk, violates applicable law, or violates these Terms.

8. Acceptable Use

• Do not use the Services for unlawful, harmful, deceptive, or infringing activities.
• Do not attempt to bypass security, rate limits, or access controls.
• Do not use scraping, bots, or automated access to the Services except via documented APIs.
• Do not reverse engineer, decompile, or copy the Services except as permitted by law.
• No AI Training / Dataset Creation: You may not use (or permit any third party to use) the Services, widget output, APIs, or documentation to create datasets, train or fine-tune machine learning models, or to build, benchmark, or improve a competing product, except with our prior written permission. This includes using automated tools or AI systems to analyze, extract, reproduce, or generate substantially similar functionality, UI, or widget behavior from the Services or their output.
• Do not misuse the Services to distribute malware, spam, or abusive content.
• Sensitive Data Prohibition: You agree not to use GizmoSauce forms or input fields to collect sensitive personal information such as full payment card numbers, government IDs, or protected health information, unless using a designated secure feature expressly approved for such purposes.
• No Deceptive Overlays: You may not use popup or overlay widgets to mimic third-party login screens (phishing) or to deceive users about the origin of the content.

9. Customer Content and Data

You retain ownership of Customer Content. You grant us a non-exclusive, worldwide, royalty-free license to host, reproduce, process, transmit, and display Customer Content as needed to operate, secure, and improve the Services.

You are responsible for Customer Content and for ensuring it does not violate law or third-party rights. We do not monitor Customer Content as a matter of routine, but we may remove or disable content or Widgets if required by law or if we reasonably believe they violate these Terms.

If you enable Widgets that collect messages, form submissions, or other end-user inputs, you are responsible for those communications and for complying with applicable laws (including anti-spam rules, required disclosures, and retention policies).

We may generate and use aggregated and de-identified analytics and diagnostics derived from use of the Services to improve reliability, performance, and product decisions, provided it does not identify you or your end users as individuals.

10. Privacy, Data Protection, and Security

Our Privacy Policy explains how we collect, use, and protect information. When we process personal data on your behalf in connection with Widgets on Customer Sites, you are generally the controller and we are a processor. If you require a data processing addendum, contact moc.ecuasomzig@ycavirp.

Marketing communications: If you provide us with contact information, we may send you product updates, offers, and announcements. You can opt out of marketing emails at any time using the unsubscribe link in the message. We may still send non-marketing, transactional communications (for example, security alerts, account notices, or billing messages).

We use commercially reasonable measures designed to protect the Services, but no system is perfectly secure and we cannot guarantee absolute security.

11. Confidentiality

If we share non-public information with you (for example, roadmap details, security materials, or enterprise pricing), you agree to keep it confidential and use it only to evaluate or use the Services. You may disclose confidential information if required by law, provided you give us prompt notice (when legally permitted) and cooperate with reasonable efforts to limit disclosure.

12. Intellectual Property

The Services (including software, designs, and trademarks) are owned by EndurantDevs LLC or its licensors. These Terms do not grant you any rights to our trademarks or branding.

If you provide suggestions or feedback, you grant us the right to use it without restriction or obligation to you.

13. Open Source and Third-Party Components

The Services may include open source software or third-party components subject to additional terms. Where required, applicable notices and attributions are made available upon request at moc.ecuasomzig@lagel. If there is a conflict between third-party terms and these Terms, the third-party terms control solely for the relevant component.

14. Changes, Suspension, and Discontinuation

We may update, change, limit, or discontinue parts of the Services at any time, including features, Widgets, or integrations. We may suspend or limit access if we reasonably believe it is necessary to protect the Services, investigate suspected abuse, comply with law, or prevent harm.

If we make a material reduction to core paid functionality, we will make reasonable efforts to notify you in advance. To the extent permitted by law, your remedy is to cancel your plan for the next renewal; if applicable law requires a refund, we will provide the legally required remedy.

15. Termination; Effect of Termination

You may stop using the Services at any time. You may cancel a paid plan through the dashboard; cancellation takes effect at the end of the current billing period unless stated otherwise at the time of cancellation.

We may suspend or terminate access if we reasonably believe you violated these Terms, created risk for other users, failed to pay fees, or used the Services in a way that could expose us to liability.

Data export and deletion: You are responsible for exporting any Customer Content you need before termination or expiration. After termination, we may delete Customer Content in accordance with our retention practices described in the Privacy Policy.

16. Disclaimers

The Services are provided on an “as is” and “as available” basis. We do not warrant that the Services will be uninterrupted, error-free, or meet your requirements.

Free Tier & Beta Services: Services provided free of charge or labeled as “Beta” are experimental and provided “AS IS” with no warranties of any kind. We may discontinue free or beta services at any time without liability.

17. Limitation of Liability

To the maximum extent permitted by law, EndurantDevs LLC will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenues, data, or goodwill. Our total liability for any claim relating to the Services is limited to the amount you paid us for the Services in the twelve (12) months preceding the event giving rise to the claim.

18. Indemnification

You agree to defend, indemnify, and hold harmless EndurantDevs LLC from claims arising out of your use of the Services, your Customer Content, or your violation of these Terms or applicable law.

19. Export Controls and Sanctions

You agree to comply with applicable export controls and sanctions laws. You may not use, export, re-export, or make the Services available in violation of such laws, including to prohibited persons or restricted destinations.

20. Force Majeure

Neither party will be liable for delays or failures in performance resulting from events beyond its reasonable control, including outages, network failures, denial-of-service attacks, natural disasters, labor disputes, or governmental actions.

21. Customer References

You grant us permission to use your name and logo to identify you as a GizmoSauce customer in our marketing materials (for example, on our website). You may revoke this permission at any time by emailing moc.ecuasomzig@lagel. Any case study or detailed write-up about your use requires your prior written approval.

22. Governing Law; Venue

These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles. Unless prohibited by law, you agree that any dispute arising out of or relating to these Terms or the Services will be brought exclusively in the state or federal courts located in Delaware, and you consent to personal jurisdiction in those courts.

23. Class Action Waiver

To the extent permitted by applicable law, you agree to bring claims against us only in your individual capacity and not as a plaintiff or class member in any purported class, collective, or representative proceeding. No judge may consolidate more than one person’s claims or preside over any form of a class, collective, or representative proceeding to the extent prohibited by applicable law.

24. Miscellaneous

• Entire agreement: These Terms and referenced policies are the entire agreement regarding the Services and supersede prior understandings.
• Assignment: You may not assign these Terms without our prior written consent. We may assign these Terms as part of a merger, acquisition, sale of assets, or by operation of law.
• Relationship: The parties are independent contractors. These Terms do not create a partnership, agency, or joint venture.
• No third-party beneficiaries: These Terms do not create any third-party beneficiary rights.
• Severability: If any provision is held invalid or unenforceable, the remaining provisions remain in effect.
• No waiver: Failure to enforce a provision is not a waiver of the right to do so later.

25. Copyright and Takedowns

We respect intellectual property rights. If you believe content available through GizmoSauce infringes your copyright, contact moc.ecuasomzig@lagel with sufficient detail to investigate and act on the request.

26. Contact

Questions about these Terms? Email moc.ecuasomzig@lagel or write to EndurantDevs LLC, 8 THE GREEN, STE A, DOVER, DE 19901.