Terms & Conditions

Last updated: April 17, 2026

These Terms & Conditions ("Terms") form a binding agreement between you ("Customer", "you", or "your") and Pigeon Perch LLC, a Delaware limited liability company with its principal place of business at 418 Broadway, STE R, Albany, NY 12207 ("Pigeon Perch", "we", "us", or "our"). By accessing or using the Services (defined below), you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, do not access or use the Services.

1. Definitions

"Affiliate" means any entity that controls, is controlled by, or is under common control with a party. "Contact Data" means any personal information (names, email addresses, phone numbers, tags, custom properties, engagement history, location, and similar fields) about your email subscribers, website visitors, or customers that you upload to, sync with, or otherwise make available through the Services. "Customer Content" means all content you or your authorized users submit to, or transmit through, the Services, including email campaigns, SMS messages, templates, images, forms, automations, landing page content, and Contact Data. "Documentation" means the user-facing documentation published at the Services URL. "Services" means the Pigeon Perch platform, including web applications, APIs, SDKs, tracking snippets, email and SMS delivery, and related services. "Subscription" means a paid plan you purchase for access to the Services.

2. Eligibility and Account Registration

You must be at least 18 years old and have the legal authority to bind the entity for which you are registering. You agree to (a) provide accurate, complete, and current information when creating an account; (b) maintain the confidentiality of your credentials and multi-factor authentication codes; (c) notify us immediately at support@pigeonperch.com of any unauthorized access to your account; and (d) be solely responsible for all activity occurring under your account. You may not share or resell access to the Services without our prior written consent.

3. Subscriptions, Fees, and Billing

Plans. Services are offered on a subscription basis with recurring fees described on our pricing page and in any applicable order form. Fees are quoted and charged in U.S. dollars unless otherwise specified.

Billing cycle. Subscriptions are billed in advance on a monthly or annual basis, depending on the plan you select. All payments are non-refundable except as expressly provided in these Terms or as required by applicable law.

Overage and usage-based charges. Certain plans include usage limits (e.g., monthly emails sent, contacts stored, SMS segments). Usage exceeding plan limits may be billed at the overage rates disclosed at the time of purchase or in the billing portal. We reserve the right to auto-upgrade you to a higher tier where required to support your usage and will provide reasonable notice before doing so.

Payment method. You authorize us and our payment processor (Stripe) to charge your payment method for all fees. If payment fails, we may retry charging, suspend Services, or terminate your account under Section 16.

Taxes. Fees are exclusive of taxes. You are responsible for all sales, use, VAT, and similar taxes associated with your purchases, excluding taxes on our net income.

Fee changes. We may change fees upon at least thirty (30) days' prior notice, which will take effect on your next billing cycle. Continued use of the Services after that date constitutes acceptance of the new fees.

Disputed charges. You must notify us of any billing dispute within sixty (60) days of the charge. Charges not disputed within that period are deemed accepted.

4. Free Trials, Beta Features, and Waitlist

We may offer free trials or beta features that are provided "as-is," without warranty, and may be modified or discontinued at any time. Beta features may have reduced functionality or reliability. If you access the Services through a waitlist or invitation-only program, additional terms disclosed at that time apply.

5. License and Permitted Use

Subject to these Terms and timely payment of fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license during the term of your Subscription to access and use the Services for your internal business purposes and in accordance with the Documentation.

6. Restrictions

You shall not, and shall not permit any third party to: (a) copy, modify, translate, reverse engineer, decompile, or disassemble the Services or any component thereof, except to the extent permitted by applicable law; (b) rent, lease, sell, sublicense, distribute, or otherwise transfer the Services to any third party; (c) use the Services to build a competing product; (d) remove or obscure any proprietary notices; (e) circumvent or attempt to circumvent any security or usage controls, including rate limits, plan limits, or authentication mechanisms; (f) use the Services in a manner that violates any applicable law or regulation; or (g) use any automated means to access the Services except through APIs we expressly provide.

7. Customer Content and License to Us

Ownership. As between you and Pigeon Perch, you retain all rights, title, and interest in and to Customer Content. We do not claim ownership over your campaigns, templates, Contact Data, or other material you upload.

License to Pigeon Perch. You grant us a worldwide, non-exclusive, royalty-free, sublicensable license to host, copy, transmit, display, process, and otherwise use Customer Content solely to provide, maintain, secure, and improve the Services and to perform our obligations and exercise our rights under these Terms. Upon termination, this license ends except to the extent necessary to comply with law, enforce these Terms, or fulfill your retention requirements.

Responsibility. You are solely responsible for the accuracy, legality, and appropriateness of all Customer Content. You represent and warrant that (a) you own or have obtained all rights, consents, and permissions necessary to submit Customer Content to the Services and to enable us to process it as contemplated by these Terms; (b) Customer Content does not infringe or misappropriate the intellectual property, privacy, publicity, or other rights of any third party; and (c) your use of Customer Content complies with all applicable laws, including those governing data protection, marketing, and consumer protection.

8. Acceptable Use Policy

You agree not to use the Services to:

Send unsolicited commercial email ("spam"), SMS, or any other message in violation of applicable anti-spam or telecommunications laws;
Harass, abuse, threaten, defame, or otherwise violate the legal rights of others;
Distribute malware, ransomware, phishing links, or any other code or content designed to disrupt, damage, or surveil systems or users;
Send content that is obscene, sexually explicit involving minors, or otherwise unlawful; promotes violence, terrorism, or self-harm; or constitutes hate speech directed at protected classes;
Promote multi-level-marketing schemes, pyramid schemes, illegal gambling, unregistered securities, or fraudulent offerings;
Impersonate any person or entity or misrepresent your affiliation with any person or entity;
Upload or use purchased, rented, scraped, or otherwise unauthorized contact lists;
Use the Services in a manner that causes excessive bounce rates, complaint rates, or abuse reports as determined by our reputation monitoring systems or those of our upstream email and SMS providers; or
Interfere with, degrade, or otherwise disrupt the performance of the Services for any other user.

We reserve the right to investigate suspected violations and to suspend or terminate accounts that violate this Acceptable Use Policy.

9. Email Marketing Compliance

You are responsible for ensuring that all email you send through the Services complies with applicable laws, including the U.S. Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (CAN-SPAM), Canada's Anti-Spam Legislation (CASL), the EU General Data Protection Regulation (GDPR) and the UK GDPR (together "GDPR"), and any other analogous laws applicable in the jurisdictions of your recipients. Without limiting the foregoing, you agree to:

Obtain and maintain documented, affirmative consent from all recipients prior to sending them commercial email, to the extent required by applicable law;
Include a functioning unsubscribe mechanism in every commercial message and honor opt-out requests promptly (and in no event later than ten (10) business days);
Include accurate sender identification, accurate subject lines, and a valid physical postal address in every commercial message;
Promptly remove any recipient who marks your messages as spam or who otherwise requests to be removed;
Maintain records sufficient to demonstrate the lawful basis for each recipient's inclusion on your lists.

We may suspend sending rights if we determine, in our reasonable discretion, that your sending practices pose a risk to our platform, our upstream providers, or our broader customer base.

10. SMS Marketing Compliance

SMS and MMS messaging is subject to additional regulatory regimes, including the U.S. Telephone Consumer Protection Act (TCPA), the CTIA Messaging Principles and Best Practices, carrier-specific policies (including 10DLC registration and throughput requirements), and equivalent foreign laws. If you use the Services to send SMS or MMS messages, you agree to:

Obtain express written consent (with a clear and conspicuous disclosure of the recipient's agreement to receive marketing SMS) before sending any marketing SMS, and obtain prior-express-consent where required for informational messaging;
Provide the required call-to-action disclosures (program description, message frequency, "Msg & data rates may apply", HELP/STOP instructions, and a link to your SMS terms and privacy policy);
Honor STOP, UNSUBSCRIBE, QUIT, END, CANCEL, and similar opt-out keywords, and respond to HELP messages with the required disclosures;
Register your brand and campaigns with 10DLC or equivalent regimes where required;
Refrain from sending prohibited content (SHAFT: sex, hate, alcohol, firearms, tobacco) except as permitted by applicable carrier policy and law;
Maintain records of consent sufficient to demonstrate compliance with the TCPA and applicable state laws.

You acknowledge that our SMS provider (currently Twilio) may have its own acceptable use policies and that you are bound by those policies as applicable.

11. Our Services and Sub-processors

We rely on third-party providers to deliver the Services, including without limitation Amazon Web Services (cloud hosting and email delivery via SES), Twilio (SMS/MMS), Stripe (payment processing), Anthropic (AI features), HubSpot (CRM integration), Shopify (product sync), and multiple listing services (real estate feeds). Our current list of sub-processors and notification procedures are available in our Data Processing Addendum, available on request.

12. Privacy and Data Processing

Our collection and use of personal information in connection with the Services is described in our Privacy Policy. To the extent we process Contact Data on your behalf as a processor under GDPR, CCPA/CPRA, or analogous laws, the terms of our Data Processing Addendum ("DPA") are incorporated by reference. A signed DPA is available on request to support@pigeonperch.com. You agree that you are the controller (or equivalent) of Contact Data and that we are the processor.

13. Intellectual Property

The Services, including all software, interfaces, designs, text, graphics, and other content (excluding Customer Content), are owned by Pigeon Perch or our licensors and are protected by intellectual property laws. Except for the limited license expressly granted in Section 5, no rights are granted to you. All rights not expressly granted are reserved.

14. Feedback

If you provide feedback, suggestions, or recommendations regarding the Services ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and exploit such Feedback for any purpose, without any obligation to you.

15. AI Features

The Services include features powered by artificial intelligence and machine learning (the "AI Features"). You understand and agree that:

Outputs generated by AI Features ("AI Output") may be inaccurate, incomplete, or biased, and you are solely responsible for reviewing and verifying AI Output before using it in any email, SMS, or other communication;
AI Output may not be eligible for copyright protection under applicable law;
We may process inputs and outputs through third-party model providers subject to their terms; those providers are contractually prohibited from training on your inputs unless you have explicitly opted in;
AI Features are provided as part of the Services without additional warranty.

16. Suspension

We may suspend your access to all or part of the Services immediately if (a) you fail to pay any undisputed fees when due and fail to cure within ten (10) days of notice; (b) we reasonably believe your use violates these Terms, the Acceptable Use Policy, or applicable law; (c) your use poses a security or reputation risk to the Services or other customers; or (d) required by law or government order. We will use reasonable efforts to notify you prior to suspension where practicable.

17. Term and Termination

Term. These Terms commence on your acceptance and continue until your Subscription ends. Subscriptions automatically renew for successive periods equal to the initial term unless either party cancels at least thirty (30) days before the end of the then current term for annual plans, or at any time prior to the next billing cycle for monthly plans.

Termination for cause. Either party may terminate these Terms upon written notice if the other party materially breaches these Terms and fails to cure within thirty (30) days after receipt of written notice, except for breaches of the Acceptable Use Policy or payment obligations, which may be grounds for immediate termination.

Termination for convenience. You may terminate at any time through the account settings or by written notice to support@pigeonperch.com. We may terminate these Terms upon thirty (30) days' prior notice.

18. Effect of Termination

Upon termination: (a) your right to access and use the Services ends immediately; (b) undisputed fees accrued through the effective date of termination remain payable; (c) we will, upon your written request made within thirty (30) days after termination, make Customer Content available for export in a reasonable format, after which we may delete it in accordance with our retention policies; and (d) provisions of these Terms that by their nature survive termination will survive.

19. Warranties and Disclaimers

Limited warranty. We warrant that the Services will perform materially in accordance with the Documentation during any paid Subscription. Your sole and exclusive remedy, and our entire liability, for breach of this warranty is, at our option, to (a) use reasonable efforts to correct the non-conformity; or (b) terminate these Terms and refund any prepaid, unused fees for the affected period.

Disclaimer. Except as expressly provided above, the Services are provided "as is" and "as available." We disclaim all other warranties, whether express, implied, or statutory, including any warranty of merchantability, fitness for a particular purpose, non-infringement, title, accuracy, or quiet enjoyment. We do not warrant that the Services will be uninterrupted, error-free, or free of harmful components, that any content will be preserved without loss, or that the Services will meet your requirements or produce any particular result. No advice or information obtained from us or through the Services creates any warranty not expressly stated in these Terms.

20. Limitation of Liability

To the maximum extent permitted by law, in no event will either party be liable to the other for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, goodwill, data, or business opportunities, arising out of or relating to these Terms or the Services, whether based on contract, tort (including negligence), strict liability, or otherwise, and regardless of whether the party was advised of the possibility of such damages.

Except for your breach of Sections 6 (Restrictions), 7 (Responsibility), 8 (Acceptable Use), your indemnification obligations in Section 21, and your payment obligations, each party's total aggregate liability arising out of or relating to these Terms or the Services will not exceed the total fees paid or payable by you to us in the twelve (12) months immediately preceding the event giving rise to the claim, or one hundred U.S. dollars ($100.00), whichever is greater.

21. Indemnification

By you. You will defend, indemnify, and hold harmless Pigeon Perch, our Affiliates, and our respective officers, directors, employees, and agents from and against any third-party claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to (a) your Customer Content; (b) your violation of these Terms, applicable law, or the rights of any third party; (c) your use of the Services in violation of the Acceptable Use Policy, email marketing compliance provisions, or SMS marketing compliance provisions; or (d) claims by your recipients, contacts, or end-users arising from your use of the Services.

By us. We will defend you against any third-party claim alleging that the Services (excluding Customer Content and any third-party products) directly infringe a U.S. patent, copyright, or trademark of such third party, and will pay any damages finally awarded against you by a court of competent jurisdiction or paid in a settlement approved by us. We have no obligation under this section for any claim arising from (i) Customer Content, (ii) your use of the Services in combination with products not supplied by us, (iii) modifications to the Services not made by us, or (iv) use of the Services after we have notified you to discontinue due to a claim.

The indemnification obligations in this Section are conditioned upon the indemnified party (a) giving the indemnifying party prompt written notice of the claim; (b) giving the indemnifying party sole control of defense and settlement; and (c) providing reasonable cooperation at the indemnifying party's expense.

22. Export Controls and Sanctions

You represent and warrant that you are not located in, under the control of, or a national or resident of any country or on any list subject to U.S. or other applicable trade sanctions (including OFAC SDN list, EU consolidated list, and UK sanctions list). You agree to comply with all applicable export, re-export, and import laws and regulations.

23. Modifications to the Services

We may modify, suspend, or discontinue any part of the Services at any time. We will use reasonable efforts to give advance notice of material adverse changes. Features or functionality that are discontinued may not be restored, and we will have no liability for such modifications.

24. Modifications to These Terms

We may update these Terms from time to time. If we make material changes, we will provide at least thirty (30) days' notice by email to the address associated with your account or by conspicuous notice within the Services. Your continued use of the Services after the effective date constitutes acceptance.

25. Governing Law

These Terms, and any claim, dispute, or controversy arising out of or in connection with them (whether sounding in contract, tort, or statute), are governed by the laws of the State of Delaware, excluding its conflict-of-laws rules and the United Nations Convention on Contracts for the International Sale of Goods.

26. Dispute Resolution; Binding Arbitration

Please read this section carefully. It requires binding arbitration of most disputes and waives your right to a jury trial and to participate in class actions.

Informal resolution. Before filing any formal dispute, the parties agree to attempt to resolve the matter in good faith through direct discussion for a period of at least thirty (30) days following written notice of the dispute.

Arbitration agreement. Except for claims for injunctive relief in aid of arbitration or enforcement of intellectual property rights, any dispute, claim, or controversy arising out of or relating to these Terms or the Services ("Dispute") will be resolved by final and binding arbitration administered by JAMS pursuant to its then-current Comprehensive Arbitration Rules and Procedures. The arbitration will be conducted in Wilmington, Delaware, in English, before a single arbitrator. Judgment on the award may be entered in any court of competent jurisdiction.

Class action waiver. You and Pigeon Perch each agree that any Dispute will be brought only in an individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. The arbitrator may not consolidate claims or preside over any form of representative proceeding.

Small claims. Notwithstanding the arbitration requirement, either party may bring a qualifying claim in small claims court.

Opt-out. You may opt out of the arbitration agreement in this Section by sending written notice to support@pigeonperch.com within thirty (30) days of first accepting these Terms. Your notice must include your name, account email, and a clear statement that you wish to opt out.

27. Force Majeure

Neither party will be liable for any failure or delay in performance (other than payment obligations) caused by circumstances beyond its reasonable control, including acts of God, war, terrorism, civil unrest, labor disputes, pandemics, government action, telecom or internet outages, denial-of-service attacks, or failure of third-party cloud infrastructure.

28. Notices

Legal notices to Pigeon Perch must be sent by email to support@pigeonperch.com with a copy to 418 Broadway, STE R, Albany, NY 12207. Notices to you will be sent to the email address associated with your account or by notice posted within the Services.

29. Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. We may assign these Terms freely, including in connection with a merger, acquisition, financing, reorganization, or sale of substantially all of our assets. Any assignment in violation of this Section is void.

30. Independent Contractors

The parties are independent contractors. Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship.

31. Severability; Entire Agreement; Waiver

If any provision of these Terms is held unenforceable, the remaining provisions will remain in full force and effect. These Terms, together with our Privacy Policy, any DPA, and any order forms or product-specific terms, constitute the entire agreement between the parties and supersede all prior understandings. Failure to enforce any provision is not a waiver of the right to enforce it later.

32. Contact

Questions about these Terms? Email us at support@pigeonperch.com.