These Terms of Service govern your use of Stoke, operated by Stoke Software ("we", "us", "our"). By creating an account or using the platform, you agree to these terms.
Stoke is a business management platform for small service businesses. It provides tools for lead management, email integration, job scheduling, invoicing, social content creation, and related automation. Features may change as we improve the product.
You are responsible for maintaining the security of your account credentials and for all activity under your account. You must provide accurate information when creating your account. You must be at least 18 years old to use Stoke.
You agree to use Stoke only for lawful business purposes. You will not use the platform to send spam, harass anyone, or transmit harmful content. You will not attempt to circumvent rate limits, reverse-engineer the service, or use Stoke to compete directly with us. You are responsible for all content you create, send, or store through Stoke, including emails sent via the Gmail integration and social posts published through connected accounts. You agree not to use Stoke for activities that are illegal, deceptive, defamatory, infringing on others' intellectual property rights, or that violate the terms of service or community standards of any platform Stoke connects to.
Stoke connects to third-party platforms including Gmail (Google), Meta (Facebook and Instagram), QuickBooks (Intuit), and Stripe. Each of these platforms has its own terms of service, community standards, acceptable use policies, and content policies. By using Stoke to interact with these platforms, you agree that you will:
If you violate the policies of a connected platform, that platform may suspend or terminate your account on their service, which may also affect your use of Stoke. We are not responsible for actions taken by third-party platforms in response to your conduct.
Stoke offers paid subscription plans billed monthly through Stripe. All plans include a 14-day free trial. You can cancel at any time from your account settings or the Stripe billing portal. Cancellation takes effect at the end of your current billing period. We do not offer refunds for partial months.
Stoke connects to third-party services including Gmail (Google), QuickBooks (Intuit), Stripe, Meta (Instagram/Facebook), Anthropic (AI), Cloudflare (hosting), and SendGrid (transactional email). Your use of these integrations is also subject to those services' own terms. We are not responsible for the availability, accuracy, security practices, or policies of third-party services. If a third-party service changes its terms, pricing, API availability, or terminates its relationship with us, the corresponding Stoke feature may become unavailable or change without prior notice.
You own your data. We do not claim ownership over your business information, customer data, content, or any material you create or store in Stoke. We use your data solely to operate the platform as described in our Privacy Policy.
Stoke uses artificial intelligence to generate email replies, social media posts, lead summaries, and other content suggestions. AI-generated content is provided as suggestions for your review. You are solely responsible for reviewing, editing, and approving all content before it is sent, published, or otherwise transmitted. AI output may contain inaccuracies, factual errors, biased language, copyrighted material, or content that is inappropriate for your audience. We do not warrant the accuracy, originality, non-infringement, or fitness for any particular purpose of AI-generated output. Once you approve content for sending or publishing, you assume full legal responsibility for that content as if you had authored it yourself, including responsibility for compliance with anti-spam laws, advertising regulations, defamation laws, intellectual property laws, and the policies of any platform on which the content is published.
Stoke is a tool to help you manage your business operations more efficiently. We do not guarantee any specific business outcomes from your use of Stoke, including but not limited to: the number of leads you receive, conversion rates, social media engagement, follower growth, revenue, customer retention, or response times. Results vary based on factors outside our control, including your industry, market conditions, content quality, audience, and the practices of third-party platforms.
We aim to keep Stoke available at all times but do not guarantee uninterrupted service. We may perform maintenance or updates that temporarily affect availability. We are not liable for any losses resulting from downtime.
Stoke and its underlying software, design, branding, and documentation are owned by Stoke Software and are protected by copyright, trademark, and other intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use Stoke for your business operations during the term of your subscription, subject to these Terms. You may not copy, modify, distribute, sell, or lease any part of Stoke, nor reverse-engineer or attempt to extract the source code of Stoke, except where such restriction is prohibited by law.
You retain all rights to the content you create or upload to Stoke, including customer data, photos, videos, notes, and any business information. You grant us a limited license to process this content solely as necessary to provide the Stoke service to you (for example, transmitting your photos to Meta when you publish a post, or storing your customer records in our database).
If you believe content stored on or transmitted through Stoke infringes your copyright, please send a notice complying with 17 U.S.C. §512(c) to our designated agent at legal@withstoke.com. The notice must include: identification of the copyrighted work, identification of the allegedly infringing material with sufficient information for us to locate it, your contact information, a statement of good-faith belief that the use is not authorized, a statement under penalty of perjury that the information is accurate and you are authorized to act on behalf of the copyright owner, and your physical or electronic signature. We will respond to valid DMCA notices in accordance with applicable law and may remove the allegedly infringing material and terminate the accounts of repeat infringers.
You agree to indemnify, defend, and hold harmless Stoke Software, its officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of Stoke; (b) content you create, send, publish, or store through Stoke; (c) your violation of these Terms; (d) your violation of the terms or policies of any connected third-party platform (Meta, Google, Intuit, Stripe, etc.); or (e) your violation of any law or the rights of any third party. We will provide you with prompt notice of any claim subject to indemnification and reasonable cooperation in the defense, at your expense.
Stoke is provided "as is" and "as available" without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, reliability, or uninterrupted availability. To the maximum extent permitted by applicable law, in no event shall Stoke Software be liable to you for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to lost revenue, lost profits, lost business opportunities, missed leads, lost data, errors in AI-generated content, or third-party platform actions, even if we have been advised of the possibility of such damages.
To the maximum extent permitted by law, our total cumulative liability to you for any and all claims arising out of or relating to these Terms or your use of Stoke shall not exceed the greater of (a) the total amount you paid us in subscription fees during the twelve months immediately preceding the event giving rise to the claim, or (b) one hundred dollars ($100). Some jurisdictions do not allow the exclusion or limitation of certain damages; in such jurisdictions, our liability is limited to the maximum extent permitted by law.
We may suspend or terminate your account if you violate these terms. You may close your account at any time by contacting us. Upon termination, your data will be retained for 90 days and then permanently deleted, unless you request earlier deletion.
We may update these terms from time to time. If we make material changes, we will notify you via email or an in-app notice. Continued use of Stoke after changes take effect constitutes acceptance of the updated terms.
We are not liable for any failure or delay in performance resulting from causes beyond our reasonable control, including acts of God, natural disasters, war, terrorism, pandemics, government actions, internet or telecommunications failures, third-party platform outages or policy changes, denial-of-service attacks, or labor disputes.
These Terms are governed by the laws of the State of North Carolina, United States, without regard to its conflict-of-law principles. Any dispute arising out of or relating to these Terms or your use of Stoke that is not resolved through good-faith negotiation shall be brought exclusively in the state or federal courts located in Carteret County, North Carolina, and you consent to the personal jurisdiction of those courts. You agree to waive any right to a jury trial and to participation in any class action or representative proceeding to the maximum extent permitted by law.
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms otherwise remain in full force and effect.
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Stoke Software regarding your use of the service and supersede any prior agreements, understandings, or representations.
Questions about these terms? Email us at legal@withstoke.com or call (252) 725-8130. Our mailing address is available on request for formal legal notices.