Terms of Service

Acceptance of Terms

These Terms are an agreement between you and Marathon Simplicity LLC ("Marathon Simplicity", "we"). They apply to two groups: businesses that subscribe to the platform (each a "Business"), and people who use a public page we host on a Business's behalf — such as a booking page, invoice page, or estimate page (each a "Visitor"). Sections below are marked where they apply only to one group.

A Business accepts these Terms by checking the agreement box at signup — we record when that box was checked and which version of these Terms was in effect — and re-accepts by continuing to use the platform after an update. A Visitor accepts these Terms by using a page we host. If you do not agree, do not use the platform or its pages.

Eligibility & Authority (Businesses)

You must be at least 18 years old to open an account. The platform is for business use. The person who signs up represents that they have authority to bind the Business to these Terms, and that the signup information provided — business name, owner, contact details — is accurate.

Description of Service

Marathon Simplicity provides a CRM and communications platform used by trade businesses — HVAC, plumbing, electrical, roofing, landscaping, and similar — to manage leads, appointments, and customer communications. Businesses subscribe to the platform and set it up themselves — it is self-serve software, not a done-for-you service. Some pages, such as appointment booking pages, are made available to the public on behalf of a Business (also called the "Service Provider") so their customers can request appointments and receive related text messages.

Subscription, Trial & Billing (Businesses)

Marathon Simplicity is a paid monthly subscription. New accounts start with a 14-day free trial. When the trial ends, unless you cancel before then, your subscription begins automatically and your payment method is charged the then-current monthly fee. The subscription renews automatically each month until you cancel.

Payments are processed by Stripe; you may pay by card or, where enabled, by bank transfer (ACH). By starting a subscription you authorize these recurring charges. Prices are shown at signup and may change with notice — any change applies to the following billing period.

Cancellation & Refunds (Businesses)

You can cancel anytime from the Account page in your portal. If you cancel during the free trial, you will not be charged. If you cancel a paid subscription, your access continues through the end of the current billing period and your account is then paused. Because you can cancel at any time and evaluate the product free for 14 days, monthly fees already charged are non-refundable, except where a refund is required by law.

Collecting Payments From Your Customers (Businesses)

You may connect a Stripe account so the people you invoice can pay you online. If you do, you are the merchant of record for those payments, not Marathon Simplicity. Your customer pays you directly. We never take custody of that money, it never passes through our accounts, and we do not hold, transmit or disburse it.

Your use of Stripe is governed by your own agreement with Stripe, including the Stripe Connected Account Agreement, which you accept during setup. Stripe’s processing fees are deducted from your payments by Stripe. Marathon Simplicity does not charge any fee or take any percentage of the payments you collect — the subscription is what you pay us for.

Refunds, chargebacks and disputes are yours to handle. If one of your customers disputes a charge, requests a refund, or if your Stripe balance goes negative, that is between you, your customer and Stripe. We are not a party to it and cannot reverse, release or recover a payment on your behalf. You are responsible for the goods and services you invoice for, for the accuracy of your invoices, and for any tax arising from what you collect.

Payment features depend on Stripe. Stripe may pause, restrict or close your account under its own rules and for its own reasons, and can require identity or business documentation before letting you take payments. We do not control those decisions and cannot overturn them. If Stripe will not let you accept payments, invoices fall back to whatever payment link you provide.

Paying an Invoice (Customers)

If you received an invoice through Marathon Simplicity and pay it online, you are paying the business that sent it, not Marathon Simplicity. We provide the software they used to send it; we are not the seller and are not a party to your agreement with them. Payment is processed by Stripe, and your card or bank details are handled by Stripe — we never see or store them.

Questions about the work, the amount, a refund or a dispute should go to the business that invoiced you. Their contact details are on the invoice.

Self-Serve Setup & Acceptable Use (Businesses)

The platform is self-serve: you set up and run your own account using the tools and guidance we provide. You are responsible for the accuracy of your business information, the content you publish (including your website and photos), and your use of the platform.

You agree not to: use the platform unlawfully or to send unlawful messages; resell or provide the service to third parties; access or attempt to access other accounts or data; probe, scan, or test the security of the platform; scrape it; reverse engineer it; interfere with its operation; or use it to send spam or content you have no right to send.

Your Messaging Responsibilities (Businesses)

When you send texts or emails to your own customers through the platform, you are the sender. You are responsible for having the legal right and consent to contact those recipients and for complying with the Telephone Consumer Protection Act (TCPA), CAN-SPAM, and applicable carrier rules.

The platform helps you meet those obligations — it records consent evidence collected on your booking pages (time, IP, and the exact wording agreed to), appends opt-out wording to automated messages, and automatically suppresses anyone who replies STOP — but the obligations are yours: message only people who have agreed to hear from you, and honor opt-outs everywhere, including channels outside the platform.

Intellectual Property; Your Data & Content (Businesses)

Marathon Simplicity owns the platform — the software, design, and trademarks — and grants you a limited, non-exclusive, non-transferable license to use it while your subscription is active. If you send us feedback or suggestions, we may use them without obligation.

Your business data and your customers' data belong to you. You grant Marathon Simplicity a limited license to store, process, and transmit that data solely to provide the service to you (for example, sending messages you schedule or displaying your dashboard). You are responsible for having the rights to any content and photos you upload. We handle data as described in our Privacy Policy.

Suspension & Termination (Businesses)

We may suspend or terminate an account for non-payment, violation of these Terms, or misuse that risks the platform or other users. You may terminate at any time by cancelling your subscription. On request, we will provide a copy of your data or delete it, as described in our Privacy Policy. Sections of these Terms that by their nature should survive termination — including payment obligations, indemnification, disclaimers, and limitations of liability — survive it.

Appointment Requests (Visitors)

Submitting a request through a booking page sends your information directly to the Service Provider. A request is not a confirmed appointment — the Service Provider will review and confirm or decline your request, typically by text message. Marathon Simplicity does not guarantee availability, pricing, or that any request will be accepted.

Text Messages You May Receive (Visitors)

When you submit a request through a booking page, the Service Provider may respond about that request by text — for example, confirming or proposing a different time. These are responses to something you asked for, sent through Marathon Simplicity's platform from the Service Provider's number.

If you also check the optional SMS consent box, you agree to receive ongoing texts related to your inquiry or appointment from the Service Provider — reminders and follow-ups. Message frequency varies with your appointment activity. Message and data rates may apply.

Reply STOP to any message to stop receiving texts, or HELP for assistance. See our Privacy Policy for how this information is handled, including the consent record we keep.

Your Responsibilities (Visitors)

You agree to provide accurate contact and appointment information, and to use these pages only to request services for yourself or someone you are authorized to represent. You agree not to submit false information, harass a Service Provider, or attempt to disrupt the platform.

Marathon Simplicity & Service Providers

Marathon Simplicity provides the software platform and communications infrastructure — scheduling, messaging, and related tools — used by the Service Provider. Marathon Simplicity is not a party to, and is not responsible for, the service performed by the Service Provider, including its quality, pricing, scheduling, licensing, or insurance. Any agreement for services is between you and the Service Provider directly.

Third-Party Services

The platform is built on third-party services — including Stripe for payments, Twilio for messaging, and our hosting and infrastructure providers. Their outages, delays, or decisions (such as Stripe restricting an account or a carrier filtering a message) are outside our control, and our service is provided subject to them. We will always work to route around a provider problem, but a third party's failure or decision is not a breach of these Terms by us.

Disclaimers

The platform and all hosted pages are provided "as is" and "as available", without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the service will be uninterrupted or error-free, or that any message will be delivered — delivery depends on carriers and providers we do not control.

Limitation of Liability

To the fullest extent permitted by law, Marathon Simplicity is not liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, or data — including damages arising from message delivery failures, scheduling errors, or any dispute over services performed by a Service Provider.

For Businesses, Marathon Simplicity's total liability for all claims arising out of these Terms is limited to the subscription fees you paid us in the twelve (12) months before the claim arose. For Visitors, it is limited to the amount, if any, you paid to Marathon Simplicity directly.

Indemnification (Businesses)

You will defend and indemnify Marathon Simplicity against claims arising from: messages you send or cause to be sent through the platform (including claims under the TCPA, CAN-SPAM, or similar laws); content you publish, including your hosted website and photos; your services and your disputes with your customers, including payments you collect; and your breach of these Terms. This reflects the deal: you run your business and its customer relationships; we provide the software.

Governing Law & Venue

These Terms are governed by the laws of the State of Texas, without regard to its conflict-of-laws principles. Any dispute that ends up in court belongs exclusively in the state or federal courts located in Tarrant County, Texas, and each party consents to their jurisdiction.

Changes to These Terms

When we update these Terms we update the effective date above and summarize material changes in the "What changed" note at the top. For material changes we also notify subscribing Businesses by email. Continued use of the platform after a change means you accept the updated Terms.

General

These Terms and the Privacy Policy are the entire agreement between you and Marathon Simplicity about the platform. If any provision is found unenforceable, the rest remain in effect. Our not enforcing a provision is not a waiver of it. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of the business. Neither party is liable for delay or failure caused by events beyond its reasonable control.

Contact Us

If you have any questions about these Terms, contact us at: