1. Agreement
By using MemberBay (memberbay.io), you agree to these Terms of Service ("Terms"). If you do not agree, do not use the service.
MemberBay is operated by: UNIPERSONAL KHRESTENKOV DANIIL Barroso 3605, 3, Buceo, Montevideo, Uruguay, 11400 RUT: 220740740013 Contact: [email protected]
2. Description of Service
MemberBay is a B2B SaaS platform for managing HVAC membership pipelines. The service integrates with ServiceTitan and provides dashboard, reporting, and workflow tools.
3. Eligibility and Prohibited Users
You represent and warrant that you are at least 18 years old and have the legal authority to bind your organization to these Terms. The Service is intended for business use only. You agree not to use the Service if you are a direct competitor of MemberBay, or if you are located in a country subject to comprehensive embargoes or sanctions by Uruguay or applicable international authorities.
4. Account Registration
You must provide accurate company and contact information. One account corresponds to one ServiceTitan tenant. You are responsible for maintaining the security of your login credentials.
5. Subscription Plans, Free Trials, and Limits
- Pro — $149/month ($99/month billed annually): Up to 500 membership accounts; Up to 5 team members.
- Max — Coming Soon: Up to 1,000 membership accounts; Up to 15 team members; Advanced analytics and AI assistant.
- Enterprise — Custom pricing: Handled outside this platform via direct agreement. Enterprise customers are subject to a separate master service agreement, which supersedes these Terms where applicable.
Free Trials
If a free trial or demo period is offered for the Service, it is limited to a specific duration. At the end of the trial, you must subscribe to a paid plan to continue using the Service. We reserve the right to limit trial features or revoke trial access at our sole discretion.
Exceeding your plan's usage limits may result in temporary feature restrictions until you upgrade.
6. Billing, Payments, and Plan Changes
Payments are processed by Lemon Squeezy. Subscriptions auto-renew unless cancelled.
- Monthly subscriptions: Cancel anytime. Access continues until the end of the billing period. No refunds for partial months.
- Annual subscriptions: 14-day refund window from the purchase date. After 14 days, no refunds. Upon cancellation, access continues until the end of the annual period.
- Upgrades: If you upgrade your subscription plan, you will be charged the prorated difference for the remainder of your current billing cycle.
- Downgrades: If you downgrade your plan, the change will take effect at the end of your current billing period. No refunds or credits will be issued for the difference.
7. Acceptable Use
You agree not to:
- Use the service for any unlawful purpose;
- Share account credentials with unauthorized parties;
- Attempt to reverse-engineer, scrape, or disrupt the service;
- Use automated means to access the service beyond what is expressly permitted by these Terms;
- Exceed your plan's usage limits intentionally.
8. ServiceTitan Integration and Third-Party Subprocessors
MemberBay connects to ServiceTitan via OAuth. You authorize us to access your ServiceTitan data solely to provide the service. We do not modify your ServiceTitan data without explicit action from you.
To provide the Service, we rely on third-party subprocessors, including Lemon Squeezy (payment processing) and ServiceTitan (API integration). A current list of our subprocessors is available at memberbay.io/subprocessors or upon request by contacting [email protected].
9. Data Ownership, Privacy, and Data Processing
Your data remains yours. We do not claim ownership of any data you sync or create within MemberBay.
Privacy Policy
Our collection and use of personal data is governed by our Privacy Policy, which is incorporated into these Terms by reference.
Data Processing (GDPR/CCPA)
To the extent that MemberBay processes personal data on your behalf (including data of your end-customers synced via ServiceTitan), MemberBay acts as a Data Processor, and you act as the Data Controller. If you are subject to the GDPR, CCPA/CPRA, or other applicable data protection laws, a separate Data Processing Agreement (DPA) is available upon request by contacting [email protected].
MemberBay does not sell personal information as defined under the CCPA/CPRA.
Data Export Upon Termination
Upon account termination, you may request a data export. Such requests must be made within thirty (30) days of termination. We will provide the export in a structured, commonly used, machine-readable format (JSON or CSV) within fourteen (14) business days of a verified request. Data will be permanently deleted from our active systems thirty (30) days after termination.
10. Intellectual Property
MemberBay, its logo, and all associated software, code, designs, interfaces, and documentation are the intellectual property of UNIPERSONAL KHRESTENKOV DANIIL. You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Service strictly in accordance with these Terms. You do not acquire any ownership rights to the Service.
11. Confidentiality
Each party agrees to keep the other party's Confidential Information secure. "Confidential Information" includes non-public business data, pricing, trade secrets, and proprietary algorithms. Neither party will disclose the other's Confidential Information to any third party without prior written consent, except as required by law or as strictly necessary to perform under these Terms. These confidentiality obligations survive termination of these Terms for a period of two (2) years.
12. Service Availability and Support
We aim for high availability but do not guarantee 100% uptime. We are not liable for downtime caused by ServiceTitan API outages, third-party providers, or circumstances beyond our control.
Customer support is provided on a best-effort basis primarily via email at [email protected]. We do not guarantee specific response times, but we strive to address all inquiries during standard business hours.
13. Force Majeure
MemberBay shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from circumstances beyond our reasonable control ("Force Majeure"). Force Majeure includes, but is not limited to, natural disasters, pandemics, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.
14. Disclaimer of Warranties
MemberBay is provided "as is" without warranties of any kind, express or implied. We do not guarantee that the service will meet your specific requirements, be uninterrupted, or be error-free.
15. Limitation of Liability
To the maximum extent permitted by law, MemberBay shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the service. Our total aggregate liability shall not exceed the amount you paid us in the twelve (12) months preceding the claim.
Nothing in these Terms limits our liability for fraud, gross negligence, or any liability that cannot be excluded or limited under applicable law.
16. Termination
We may suspend or terminate your access if you materially violate these Terms. For non-material or first-time violations, we will provide written notice and seven (7) days to cure the violation before suspension or termination, except where the violation poses a security risk or legal liability, in which case immediate action may be taken.
You may cancel your subscription at any time through Lemon Squeezy or by contacting us at [email protected].
17. Changes to Terms
We may update these Terms and will notify you via email at least 30 days before changes take effect. Continued use of the Service after changes take effect constitutes acceptance of the new Terms.
18. Governing Law
These Terms are governed by the laws of Uruguay, without regard to its conflict of law principles. Any disputes arising under these Terms shall be resolved exclusively in the courts of Montevideo, Uruguay.
19. Contact
For questions about these Terms, Privacy Policy, or DPA requests:
Email: [email protected]
Address: UNIPERSONAL KHRESTENKOV DANIIL, Barroso 3605, 3, Buceo, Montevideo, Uruguay, 11400
RUT: 220740740013