Terms of Service

These Terms of Service ("Terms") are an agreement between you and Austin Lutz LLC, a North Carolina limited liability company that operates the SendLynx product and the sendlynx.com website ("SendLynx," "we," "us," or "our"). "SendLynx" is a product and brand of Austin Lutz LLC. By creating an account or using sendlynx.com (the "Service"), you agree to these Terms. If you don't agree, please don't use the Service.

1. Parties and no personal liability

The Service is provided solely by Austin Lutz LLC. You agree that your sole recourse for any claim arising out of or relating to the Service or these Terms is against Austin Lutz LLC and its assets. To the fullest extent permitted by law, the owner, members, managers, officers, employees, contractors, and agents of Austin Lutz LLC have no personal liability to you, and all disclaimers, limitations of liability, and releases in these Terms apply for their benefit.

2. What SendLynx does

SendLynx gives service businesses a booking page, automated email confirmations and reminders, a lightweight client record, and tools that let your clients pay appointment deposits, through Stripe, directly to your own connected account. We provide the software; you run your business.

3. Your account

You're responsible for your account, your login, and everything that happens under it. Keep your password secure and give us accurate information. You must be at least 18 and able to enter into this agreement.

4. Subscriptions, automatic renewal, and billing

SendLynx paid plans are subscriptions that automatically renew. Unless you cancel, your subscription automatically renews at the end of each billing period (monthly, unless you selected a different term), and the then-current plan fee is charged in advance to your payment method on file through our payment processor, Stripe. The recurring charge and billing interval shown to you at signup continue until you cancel. To avoid being charged for the next period, you must cancel before your current period ends. We present these automatic-renewal terms clearly and conspicuously, and obtain your affirmative consent, at the time you subscribe.

Renewal and price-change notices

Where required by law and as a matter of practice, we will send a reminder to your account email before a subscription renews following a free trial or promotional period and before any price increase takes effect. Any price change is disclosed before it applies and takes effect on your next renewal; if you don't want the new price, you may cancel before it takes effect.

Cancelling

You can cancel at any time, online, directly from your billing page — no phone call, chat, or retention step is required, and cancelling is at least as easy as signing up. You may also cancel by emailing hello@sendlynx.com from your account email. Cancellation stops future renewals; your plan stays active until the end of the current billing period, and we send email confirmation.

Fees and refunds

Subscription fees are charged in advance and are non-refundable except where required by law. If you believe you were charged in error or after a valid cancellation, contact hello@sendlynx.com and we will review and, where appropriate, refund the charge.

5. Deposits, merchant of record, and not a money transmitter

SendLynx is a software service only. We do not hold, receive, transmit, or take custody or possession of your funds or your clients' funds at any time. All payments are processed by Stripe and settle directly to your own Stripe connected account; funds never pass through any SendLynx account. SendLynx is not a bank, money transmitter, money services business, or payment processor, and is not a party to any payment between you and your client. You are solely responsible, as merchant of record, for your clients' payments, including all refunds, chargebacks, reversals, disputes, fees, and associated financial liability, and for collecting and remitting all applicable taxes. You will not look to SendLynx to fund, reimburse, or indemnify any refund, chargeback, or reversal. Your use of Stripe is governed by your separate agreement with Stripe.

6. License and ownership

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service during your subscription. Austin Lutz LLC and its licensors own all right, title, and interest in the Service, including the software, source code, designs, and the "SendLynx" name and logos, which are trademarks of Austin Lutz LLC. These Terms grant you no right to use our marks except to identify the Service. You may not, and may not permit others to: (a) copy, modify, or create derivative works of the Service; (b) reverse engineer, decompile, or attempt to derive source code; (c) resell, sublicense, rent, or provide the Service to third parties except as expressly permitted; (d) scrape, crawl, or use bots to extract data; or (e) remove or alter any proprietary notices. We reserve all rights not expressly granted.

7. Your data and your clients' data

You own the information you and your clients put into SendLynx. You grant us a worldwide, non-exclusive, royalty-free license to host, store, copy, transmit, display, back up, and process that information solely to operate, secure, and improve the Service and perform our obligations to you. We may create and use de-identified and aggregated data that does not identify you, your clients, or any individual. You represent and warrant that you have all rights, permissions, and consents necessary for the content and data you submit and the messages you direct us to send — including, for SMS, valid prior express consent under the TCPA and applicable law — and that our processing of it as described will not violate any law or third-party right. Our handling of personal information is described in our Privacy Policy.

8. Acceptable use

You will not, and will not allow anyone to: (a) violate any law, including the TCPA, CAN-SPAM, and anti-spam, telemarketing, or consumer-protection rules; (b) send messages without valid consent; (c) upload malware or infringing, unlawful, or harmful content, or anything you don't have the right to use; (d) probe, scan, circumvent, or overload the Service or its security, or access it by unauthorized means or beyond your authorized scope; or (e) resell or provide the Service to third parties without our written consent. You represent and agree that you will use the text-messaging feature only to send appointment-related messages — confirmations, reminders, and occasional reminders to rebook — to clients who have consented through your booking page, and will not send third-party marketing or unrelated promotional texts through this feature. We may suspend or terminate access immediately if we reasonably believe you violated this Section or pose a security or legal risk.

9. Text messaging (SMS) and TCPA compliance

Texting is an optional feature you choose to enable. If you enable it, you — not SendLynx — decide to send text messages to your clients and are the sender and content provider for those messages. You are solely responsible for complying with all laws and rules that apply, including the TCPA, CAN-SPAM, applicable state texting laws, CTIA messaging guidelines, and wireless-carrier (A2P 10DLC) requirements. The SMS consent your clients give through your SendLynx booking page is your consent record; you are responsible for its accuracy and adequacy and for obtaining consent before any message is sent. If a client asks to stop receiving texts through any channel — by replying STOP, by telling you directly, or otherwise — you must ensure they are promptly suppressed and not messaged again without renewed consent; SendLynx's automated STOP handling is a convenience and does not relieve you of this obligation. SendLynx provides the technical means to send messages on your instruction and does not determine who you message, provide your consent, or control your message content beyond the standard appointment templates.

10. API and partner access

If we provide API access or you integrate with the Service as a partner or developer, you agree: (a) to use API credentials only as authorized, keep them confidential, and be responsible for all activity under them; (b) not to exceed published rate limits or scopes or circumvent technical controls; (c) to access, store, and process data obtained via the API only to provide your integration to the applicable business, in compliance with our Privacy Policy and applicable law, and to maintain reasonable security; (d) not to use the API to send messages without valid consent or in violation of the TCPA or anti-spam law; and (e) that we may rate-limit, suspend, or revoke API access at any time for misuse, security risk, or violation of these Terms. You will defend and indemnify Austin Lutz LLC against claims arising from your integration or misuse of the API. AI features (including SendLynx Agent) may produce inaccurate output; they are provided "as is," you are responsible for reviewing their output, and they do not constitute professional advice. These public terms supplement, and do not replace, any separate written partner agreement.

11. Cancellation and termination

You can stop using SendLynx and delete your account at any time. We may suspend or terminate accounts that violate these Terms. On termination, your right to use the Service ends; we may delete your data after a reasonable period.

12. Disclaimers

The Service is provided "as is" without warranties of any kind. We don't guarantee that email or text reminders are always delivered on time, that the Service is uninterrupted, or that it's free of errors. Email and SMS delivery depend on third parties and the recipient's provider and carrier.

13. Indemnification

You will defend, indemnify, and hold harmless Austin Lutz LLC and its members, managers, officers, employees, contractors, agents, and suppliers (the "SendLynx Parties") from and against any and all claims, demands, suits, actions, regulatory proceedings, losses, liabilities, damages, fines, penalties, costs, and expenses (including reasonable attorneys' fees and the costs of defense) arising out of or relating to: (a) your use of, or inability to use, the Service; (b) your decision to send, and the manner in which you send, text or email messages, including your collection, management, and recordkeeping of consent and your compliance with the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, and state telemarketing, messaging, and consumer-protection laws — you acknowledge that you, not SendLynx, decide who to message and are solely responsible for obtaining and maintaining all required consent; (c) your role as merchant of record, including refunds, chargebacks, reversals, disputes with your clients, and any taxes you are obligated to collect or remit; (d) the content and data you or your clients submit to or process through the Service; and (e) your violation of these Terms or of any applicable law or third-party right. SendLynx may, at its option, assume the exclusive defense and control of any matter subject to indemnification, in which case you will cooperate; you may not settle any matter in a way that imposes any obligation or admission on a SendLynx Party without its prior written consent. SendLynx's liability cap below does not limit your indemnification obligations. This Section survives termination of these Terms and your account.

14. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL AUSTIN LUTZ LLC OR ITS AFFILIATES, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOST BOOKINGS, REVENUE, PROFITS, GOODWILL, OR LOST OR CORRUPTED DATA, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL AGGREGATE LIABILITY OF AUSTIN LUTZ LLC AND THE FOREGOING PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNTS YOU PAID US FOR THE SERVICE IN THE THREE (3) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100). THESE LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN, APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE, AND SURVIVE TERMINATION. Each of the parties named above is an intended third-party beneficiary of this Section and the disclaimers in these Terms.

15. Dispute resolution

Informal resolution first

Before starting an arbitration or any legal proceeding, you and Austin Lutz LLC agree to first try to resolve the dispute informally for at least 60 days. The party raising the dispute must send a written Notice of Dispute describing the claim and the relief sought. Notice to us goes to legal@sendlynx.com and to Austin Lutz LLC at its registered-agent address on file with the North Carolina Secretary of State; we will send our Notice to your account email. This informal-resolution requirement is a condition precedent to arbitration, and the 60-day period tolls any applicable limitations period.

Binding arbitration

Except for the carve-outs below, you and Austin Lutz LLC agree that any dispute, claim, or controversy arising out of or relating to the Service or these Terms (including their formation, breach, or validity) will be resolved by final and binding individual arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules (and Consumer Arbitration Rules where applicable). The Federal Arbitration Act governs the interpretation and enforcement of this provision. The arbitration will be conducted by a single arbitrator, seated in Wake County, North Carolina (or by video/phone at your election). The arbitrator, and not any court, has exclusive authority to resolve all threshold issues of arbitrability. Carve-outs: either party may (a) bring an individual claim in small-claims court if it qualifies, and (b) seek injunctive or equitable relief in court to protect intellectual property or stop unauthorized access. Opt-out: you may opt out of this arbitration agreement by emailing legal@sendlynx.com within 30 days of first accepting these Terms; opting out does not affect any other provision.

Class action waiver

YOU AND AUSTIN LUTZ LLC EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE-ATTORNEY-GENERAL, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims or preside over any representative or class proceeding. THIS CLASS-ACTION WAIVER IS NOT SEVERABLE FROM THE ARBITRATION AGREEMENT: IF THE WAIVER IS HELD WHOLLY UNENFORCEABLE, THE ARBITRATION AGREEMENT IS VOID IN ITS ENTIRETY (and the claim proceeds in the courts identified below).

Jury trial waiver

To the extent any dispute proceeds in court rather than arbitration, you and Austin Lutz LLC each knowingly, voluntarily, and irrevocably waive any right to a trial by jury.

Time limit to bring claims

To the fullest extent permitted by law, any claim arising out of or relating to the Service or these Terms must be commenced within one (1) year after it first accrues; otherwise it is permanently barred. The 60-day informal-resolution period tolls this deadline.

16. Governing law and venue

These Terms and any dispute arising out of or relating to them or the Service are governed by the laws of the State of North Carolina, without regard to its conflict-of-laws rules, except that the Federal Arbitration Act governs the Binding Arbitration provision. The United Nations Convention on Contracts for the International Sale of Goods does not apply. For any claim not subject to arbitration (including the carve-outs above), or if the arbitration agreement is held unenforceable, the exclusive venue is the state and federal courts located in Wake County, North Carolina, and each party consents to personal jurisdiction there and waives any inconvenient-forum objection.

17. Force majeure

Austin Lutz LLC is not liable for any delay or failure to perform caused by events beyond its reasonable control, including acts of God, natural disasters, power or internet failures, denial-of-service or other attacks, governmental actions, labor disputes, or the acts, outages, or failures of third-party providers, hosting platforms, payment processors, email providers, or mobile and SMS carriers (including Stripe, Twilio, Resend, Neon, and Vercel).

18. Copyright complaints (DMCA)

If you believe content on the Service infringes your copyright, send a notice with the elements required by 17 U.S.C. 512(c)(3) to our designated agent at copyright@sendlynx.com. We will remove infringing material and may terminate repeat infringers. A counter-notice procedure is available to affected users.

19. Changes and notices

We may update these Terms from time to time. We may give you notices by email to the address on your account, by posting in the Service, or by updating these Terms. Legal notices to us must be sent to legal@sendlynx.com and, where a mailing address is required, to Austin Lutz LLC at its registered-agent address on file with the North Carolina Secretary of State. Notices are effective when sent (email/in-app) or when delivered (mail). We will give notice of material changes to these Terms by these means before they take effect. Continuing to use the Service after changes take effect means you accept the updated Terms.

20. General terms

Entire agreement; no waiver

These Terms, together with our Privacy Policy and SMS Terms (each incorporated by reference), are the entire agreement between you and Austin Lutz LLC regarding the Service and supersede all prior or contemporaneous agreements, communications, and representations, whether oral or written. You have not relied on any statement not expressly set out in these Terms. Our failure to enforce any provision is not a waiver of it.

Severability

If any provision of these Terms is held invalid or unenforceable, it will be modified to the minimum extent necessary to make it enforceable, or if it cannot be, severed, and the remaining provisions remain in full force and effect.

Assignment

You may not assign or transfer these Terms or any rights under them without our prior written consent, and any attempt to do so is void. Austin Lutz LLC may assign these Terms, in whole or in part, including to an affiliate or in connection with a merger, acquisition, reorganization, financing, or sale of assets. These Terms bind and benefit the parties and their permitted successors and assigns.

Survival

The following survive any termination or expiration of these Terms: the definitions; payment obligations accrued before termination; and the sections on Deposits and your clients' payments, License and ownership, Disclaimers, Limitation of liability, No personal liability, Indemnification, Dispute resolution, Governing law and venue, Entire agreement, Severability, Assignment, Force majeure, and Notices, and any other provision that by its nature should survive.

21. Contact

Questions about these Terms? Email hello@sendlynx.com.