These Terms of Service (“Terms”) govern your access to and use of setuop.com and the Setu account dashboard (collectively, the “Platform”), operated by JMSP 3 LLC, doing business as Setu (“Setu,” “we,” “us,” or “our”). By accessing or using the Platform, you agree to be bound by these Terms.
These Terms govern general use of the Platform and website. They do not replace or modify the Master Service Agreement (“MSA”), which is the controlling contract for Clients who subscribe to Setu’s managed website services. Where these Terms conflict with a signed MSA between you and Setu, the MSA controls for matters within its scope.
1. Eligibility
You must be at least 18 years old and able to form a legally binding contract to use the Platform. By using the Platform, you represent that you meet these requirements and, if using the Platform on behalf of a business, that you have authority to bind that business to these Terms.
2. Accounts
You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must notify Setu promptly at setuoperations@gmail.com if you suspect unauthorized access to your account. Setu is not liable for any loss arising from unauthorized use of your account, except to the extent caused by Setu’s failure to implement reasonable security measures.
You agree to provide accurate, current, and complete information when creating an account and to keep that information up to date.
3. Use of the Platform
3.1 Permitted Use
You may use the Platform solely for lawful business purposes consistent with these Terms and, where applicable, your MSA.
3.2 Prohibited Conduct
You agree not to:
- Use the Platform for any unlawful purpose or in violation of any applicable law or regulation
- Attempt to gain unauthorized access to the Platform, other accounts, or Setu’s systems and infrastructure
- Interfere with or disrupt the integrity or performance of the Platform, including through introduction of malware, excessive automated requests, or attempts to bypass rate limiting or security controls
- Use the Platform to collect, store, or transmit Protected Health Information (PHI) as defined under HIPAA — see Section 7 below
- Reverse engineer, decompile, or attempt to extract the source code of the Platform, except where applicable law expressly permits it
- Use the Platform to publish content that is unlawful, defamatory, fraudulent, infringing, or that violates the rights of any third party
- Resell, sublicense, or provide access to the Platform to any third party not authorized under your account
4. Content and Intellectual Property
4.1 Setu’s Intellectual Property
Setu retains all right, title, and interest in the Platform, including its software, design systems, infrastructure, and underlying technology. These Terms grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for its intended purpose. No other rights are granted.
4.2 Your Content
You retain ownership of content you create or upload using the Platform (“Your Content”). You grant Setu a limited license to host, store, process, and display Your Content solely as necessary to provide the Platform and Services. You are solely responsible for Your Content and represent that you have all necessary rights to it and that it does not violate any law or third-party right.
5. Fees and Payment
Use of certain Platform features requires a paid subscription, governed by the pricing, billing terms, and payment processing provisions set forth in your Order Form and the Master Service Agreement. All payments are processed by Stripe, Inc. Setu does not directly store full payment card information.
6. Third-Party Services and Integrations
The Platform integrates with or relies upon third-party services, including Cloudflare, Stripe, Google, Neon, Railway, AWS, and Resend, as well as optional integrations you may choose to enable (such as Calendly, Google Maps, Mailchimp, or similar services). Your use of any third-party service is subject to that provider’s own terms and privacy policy. Setu does not control and is not responsible for the availability, accuracy, security, or content of third-party services.
7. Healthcare and Regulated Industries Disclaimer
SETU IS NOT A HIPAA BUSINESS ASSOCIATE AND DOES NOT PROVIDE A HIPAA-COMPLIANT PLATFORM. SETU DOES NOT ENTER INTO BUSINESS ASSOCIATE AGREEMENTS. THE PLATFORM IS NOT DESIGNED, CERTIFIED, OR INTENDED FOR THE STORAGE, TRANSMISSION, OR PROCESSING OF PROTECTED HEALTH INFORMATION. If you operate in healthcare or another regulated industry, you are solely responsible for your own regulatory compliance obligations, including but not limited to alcohol and tobacco retail licensing and age-verification requirements applicable to your business.
8. Disclaimers
THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SETU DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT IT WILL MEET ANY PARTICULAR BUSINESS OUTCOME, INCLUDING LEAD GENERATION, SALES, OR SEARCH ENGINE RANKING RESULTS.
Setu does not guarantee any specific accessibility standard (including WCAG 2.1 Level AA) or compliance with the Americans with Disabilities Act or similar state laws for websites built on the Platform. Clients are solely responsible for ensuring their own websites meet any accessibility standards applicable to their business.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SETU SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITY, ARISING FROM YOUR USE OF THE PLATFORM. For Clients under a signed Master Service Agreement, the liability cap and related terms set forth in that Agreement control. For all other users of the Platform or setuop.com, Setu’s aggregate liability shall not exceed one hundred dollars ($100).
10. Termination
Setu may suspend or terminate your access to the Platform at any time for violation of these Terms, the Acceptable Use Policy, or for non-payment, consistent with the termination provisions of your Master Service Agreement where applicable. You may stop using the Platform and close your account at any time by following the cancellation process described in your Welcome Packet and Master Service Agreement.
11. Indemnification
You agree to indemnify and hold Setu harmless from any claims, damages, losses, or expenses (including reasonable attorneys’ fees) arising from your violation of these Terms, your use of the Platform, or content you publish using the Platform, except to the extent caused by Setu’s own breach of these Terms or the Master Service Agreement.
12. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of Tennessee, without regard to its conflict of laws principles. Any dispute arising from these Terms shall be subject to the dispute resolution and venue provisions set forth in your Master Service Agreement, where applicable. For users without a signed MSA, disputes shall be resolved exclusively in the state or federal courts located in Tennessee.
13. Changes to These Terms
Setu may update these Terms from time to time. We will post the updated Terms with a revised Effective Date and, for material changes, provide notice via email or prominent notice on the Platform. Continued use of the Platform after changes take effect constitutes acceptance of the revised Terms.
14. Miscellaneous
If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect. Setu’s failure to enforce any provision is not a waiver of that provision. These Terms, together with any applicable Master Service Agreement, constitute the entire agreement between you and Setu regarding use of the Platform.
15. Contact
Questions about these Terms can be directed to JMSP 3 LLC, d/b/a Setu at setuoperations@gmail.com or www.setuop.com.