Terms of Service

1Acceptance of Terms

By accessing or using Reminator ("the Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use the Service.

These Terms apply to all users of the Service, including:

• End Users: Individuals who subscribe to receive notifications from businesses
• Business Users: Companies and organizations that use our dashboard to send notifications

2Description of Service

Reminator is a notification aggregation platform that enables businesses to send transactional notifications (appointment reminders, order updates, service alerts) to their customers via RCS, SMS, WhatsApp, and Telegram.

3User Accounts

3.1 Account Registration

Business users must register for an account to use the dashboard. You agree to:

• Provide accurate, current, and complete information
• Maintain and update your information as needed
• Keep your login credentials secure and confidential
• Accept responsibility for all activities under your account

3.2 Account Termination

We reserve the right to suspend or terminate accounts that violate these Terms or engage in prohibited activities.

4Acceptable Use

You agree to use the Service only for lawful purposes. You shall NOT:

5Consent and Opt-In Requirements

Business users must:

• Obtain proper opt-in consent before sending notifications to any user
• Honor all opt-out requests immediately (users can send STOP at any time)
• Maintain records of user consent as required by applicable laws
• Comply with all applicable messaging regulations (TCPA, GDPR, etc.)

For details on how opt-in works, see our Opt-In Policy.

6Messaging Terms

The following terms apply to all messages (RCS, SMS, WhatsApp, and Telegram) sent through the Reminator platform ("Reminator Notifications"):

• Program Name: Reminator Notifications
• Message Types: Transactional and informational messages including order status updates, queue/waiting list alerts, appointment reminders, and subscription confirmations
• Message Frequency: Message frequency varies based on your transactions with subscribed businesses
• Message and Data Rates: Message and data rates may apply. Contact your wireless carrier for details
• Opt-Out: You can cancel at any time by texting STOP. After sending STOP, you will receive a confirmation message and no further messages will be sent
• Help: Text HELP for assistance or email support@reminator.com
• Carrier Liability: Carriers (T-Mobile, AT&T, Verizon, etc.) are not liable for delayed or undelivered messages
• Consent: Consent to receive messages is not required as a condition of purchasing any goods or services

For details on how we handle your data, see our Privacy Policy.

7Platform Fees (Business Subscription)

This Section 7 applies to fees Business Users pay to Reminator for access to the Service. It does not govern any payment a Subscriber makes to a Business through a payment link displayed on a Reminator tracking page; those payments are governed by Section 7A below.

• Subscription Fees: Monthly or annual platform access fees
• Usage Fees: Per-message charges based on volume
• Payment Terms: Fees are billed in advance and are non-refundable

We may change our fees with 30 days notice. Continued use after a fee change constitutes acceptance of the new fees.

7ASubscriber Payments to Businesses

7A.1 How Subscriber Payments Work

Where a Business chooses to enable the optional payment feature, Reminator displays a payment link that the Business has provided. That link points to a third-party payment processor account owned and operated by the Business (for example, Stripe, Mercado Pago, PayPal, or another processor). When a Subscriber clicks the link, the Subscriber is redirected to and transacts directly with that third-party processor.

Reminator does not:

• collect, hold, transmit, or have access to any Subscriber funds;
• receive, store, or process Subscriber payment card data, bank account information, or any other sensitive payment credentials;
• hold any private API keys or merchant credentials of any payment processor account;
• act as a merchant of record, agent, intermediary, custodian, escrow agent, or fiduciary for any payment between a Subscriber and a Business.

Reminator displays a payment status (for example, "Paid", "Refunded", "Pending") only as a convenience, based on cryptographically signed webhook events received from the Business's payment processor or, where the Business marks a payment as received outside the processor (for example, cash), a clearly labeled manual confirmation by the Business. Status displayed in Reminator is informational and does not constitute a receipt, settlement confirmation, tax document, or any kind of financial guarantee.

7A.2 Business Responsibilities

The Business is solely and exclusively responsible for:

• opening and maintaining its own payment processor account, including all KYC, AML, sanctions, business verification, and onboarding requirements imposed by that processor;
• all merchant fees, currency conversion costs, payout schedules, holds, and reserves applied by the processor;
• collection, calculation, reporting, and remittance of all sales tax, VAT, GST, IVA, ISS, withholding tax, and any other tax or government charge;
• issuing invoices, fiscal receipts, and electronic invoices required by the Business's jurisdiction;
• honoring all Subscriber refund, return, cancellation, and chargeback rights; responding to and resolving all disputes, including those filed under card-network or processor procedures;
• compliance with the Payment Card Industry Data Security Standard (PCI DSS) for any cardholder data the Business itself collects, stores, processes, or transmits outside Reminator;
• compliance with all applicable consumer-protection, anti-fraud, advertising, and pricing laws in every jurisdiction where the Business transacts;
• accuracy of pricing, currency, descriptions, terms of sale, and refund policies presented through the payment link;
• providing customer support to Subscribers regarding payment, billing, and order fulfillment.

7A.3 No Liability for Payment Outcomes

To the maximum extent permitted by law, Reminator disclaims all liability arising out of or relating to any payment a Subscriber makes or attempts to make to a Business, including but not limited to: failed payments, delayed settlement, missing or incorrect status display, payment processor outages or downtime, processor account suspension or termination, refunds and chargebacks, currency conversion errors, fraudulent transactions, unauthorized access to a Business's payment processor account, errors in webhook delivery or verification, lost or expired payment links, tax misclassification, non-fulfillment of goods or services by the Business, or any breach of the payment processor's terms by either the Business or the Subscriber.

Notwithstanding Section 10 (Limitation of Liability) and any other provision of these Terms, Reminator's total liability for any and all claims arising from or related to a Subscriber payment shall not exceed the lesser of (a) the platform fees paid by the Business to Reminator attributable to the calendar month in which the underlying event occurred or (b) US$100.

7A.4 Subscriber Acknowledgements

By clicking a payment link displayed on a Reminator tracking page, the Subscriber acknowledges that:

• the payment is made directly to the Business through the Business's third-party payment processor under that processor's terms and privacy policy;
• Reminator does not see, store, or have any access to payment card data;
• all questions related to billing, refunds, chargebacks, receipts, and tax documents must be directed to the Business or to the payment processor, not to Reminator;
• status displayed in Reminator is informational only and is not a substitute for the official receipt issued by the payment processor.

7A.5 Receipts and Fiscal Documents

Reminator may, as a convenience, (a) display the official receipt URL generated by the Business's payment processor when the processor provides one, and (b) generate a "Transaction Confirmation" document (HTML or PDF) summarizing data already stored by Reminator (amount, currency, status, processor name, transaction reference, and timestamps).

The Reminator-generated Transaction Confirmation is not a fiscal receipt, tax invoice, NFe (Brazil), CFDI (Mexico), Factura Electrónica (Argentina), VAT receipt (EU/UK), 1099-K, or any other document required by a tax or revenue authority. It MUST NOT be filed with any tax authority and MUST NOT be used as the primary evidence of sale for tax-deductible purposes. Each Transaction Confirmation produced by Reminator carries a watermark and footer to that effect.

The Business is solely responsible for issuing all fiscal receipts, tax invoices, and equivalent legally required documents through the Business's own systems or through a registered e-invoicing provider in each jurisdiction where it transacts. Reminator does not act as a fiscal agent, e-invoicing agent, or representative of the Business before any tax or revenue authority.

Reminator may provide informational links to third-party fiscal-receipt and e-invoicing providers; these links do not constitute endorsement, agency, or any warranty regarding those providers.

7A.6 Compliance Posture

Because Reminator never receives or stores cardholder data, Reminator's payment-display feature operates within PCI DSS SAQ-A scope only. Businesses operate within whatever PCI scope is imposed by their own processor and any cardholder-data handling they perform outside Reminator.

Reminator does not engage in money transmission and is not licensed as a money services business, payment institution, electronic money institution, or equivalent regulated entity in any jurisdiction. Where a Business's use of the payment-display feature would create an obligation for Reminator under any financial-services regulation, the Business must not use the feature for that purpose.

8Intellectual Property

The Service, including its original content, features, and functionality, is owned by Fluctuation Games LLC (d/b/a Reminator) and is protected by international copyright, trademark, and other intellectual property laws.

• You retain ownership of content you create (notification templates, etc.)
• You grant us a license to use your content to provide the Service
• You may not copy, modify, or distribute our software or branding

9Disclaimer of Warranties

We do not warrant that:

• The Service will be uninterrupted, secure, or error-free
• Messages will be delivered within any specific timeframe
• The Service will meet your specific requirements

10Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FLUCTUATION GAMES LLC (D/B/A REMINATOR) SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

Our total liability for any claim arising from the Service shall not exceed the amount you paid us in the 12 months preceding the claim.

11Indemnification

You agree to indemnify, defend, and hold harmless Fluctuation Games LLC (d/b/a Reminator) and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Content you send through the Service

12Third-Party Services

The Service integrates with third-party platforms including:

• WhatsApp/Meta: Subject to WhatsApp Business Terms
• Twilio: Subject to Twilio Terms of Service
• AWS: Subject to AWS Service Terms
• Telegram: Subject to Telegram Terms of Service
• Google RCS: Subject to RCS Business Messaging Terms
• Subscriber Payment Processors (used directly by the Business when the optional payment-display feature is enabled, including Stripe, Mercado Pago, PayPal, and any other processor a Business chooses): the Subscriber transacts directly with the processor under that processor's own terms and privacy policy. See Section 7A.

We are not responsible for the practices or policies of third-party services.

13Governing Law and Dispute Resolution

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict of law provisions.

13.2 Arbitration

You and Fluctuation Games LLC (d/b/a Reminator) agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved through binding individual arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules. The arbitration shall take place in Miami-Dade County, Florida, unless both parties agree otherwise. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

13.3 Class Action Waiver

YOU AND REMINATOR AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. Unless both parties agree otherwise, the arbitrator may not consolidate more than one person's claims and may not preside over any form of class or representative proceeding.

13.4 Exceptions

Notwithstanding the above, either party may seek injunctive or equitable relief in any court of competent jurisdiction located in Miami-Dade County, Florida, to prevent the actual or threatened infringement of intellectual property rights. Claims within the jurisdiction of small claims court may also be brought in such court.

14Force Majeure

Fluctuation Games LLC (d/b/a Reminator) shall not be liable for any failure or delay in performance of its obligations under these Terms arising out of or caused by events beyond its reasonable control, including but not limited to: acts of God, natural disasters, epidemics, war, terrorism, riots, government actions, power outages, internet or telecommunications failures, carrier network outages, third-party service provider failures (including but not limited to Twilio, Meta, Google, Telegram, or AWS), cyberattacks, or any other force majeure event.

15Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by:

• Posting the updated Terms on this page
• Updating the "Last updated" date
• Sending email notification to business users for significant changes

Continued use of the Service after changes constitutes acceptance of the modified Terms.

16General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy and Opt-In Policy, constitute the entire agreement between you and Fluctuation Games LLC (d/b/a Reminator) regarding the use of the Service and supersede all prior agreements, understandings, and communications, whether written or oral.

16.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

16.3 Waiver

The failure of Fluctuation Games LLC (d/b/a Reminator) to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision shall be effective only if in writing and signed by an authorized representative.

16.4 Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction, including in connection with a merger, acquisition, sale of assets, or by operation of law.

16.5 Notices

We may provide notices to you via email, through the dashboard, or by posting on our website. Notices to us should be sent to legal@reminator.com or to our mailing address listed below.