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Terms of Service

Last updated: 16-12-2025

These Terms of Service (“Terms“) govern your access to and use of Forest Stump, available at foreststump.io, owned and operated by Panda Media Group Limited, a company registered in England and Wales. (“Forest Stump“, “we“, “us“, “our“, or “Company“).

By accessing or using Forest Stump, you agree to be bound by these Terms. If you do not agree, you must not use the platform.

1. What Forest Stump Is (and Is Not)

Forest Stump is a software platform and communication system that provides tools for service businesses to create websites, capture enquiries, and communicate with customers through automated messaging and call systems.

Forest Stump is not:

  • A marketing agency or marketing service
  • A lead generation service
  • A legal, compliance, or regulatory advisory service
  • A guarantee of business results, revenue, leads, or rankings
  • Responsible for the success or outcomes of your business

We provide the system and tools only. You are solely responsible for:

  • How you use the platform
  • All communications sent through it
  • Compliance with all applicable laws and regulations
  • The content and accuracy of your website and communications
  • Customer data and privacy

2. Eligibility & Account Authority

You must:

  • Be at least 18 years old or the legal age of majority in your jurisdiction
  • Have full legal authority to bind the business or organization you represent
  • Be a legitimate, lawfully operating business
  • Provide accurate, complete, and current information during registration

You warrant that you are authorized to enter into these Terms on behalf of your business. We reserve the right to refuse service, suspend, or terminate accounts at our discretion without liability.

3. Account Responsibility & Security

You are responsible for:

  • Creating and maintaining a secure password
  • All access and activity under your account (including by employees, contractors, or agents)
  • Notifying us immediately of unauthorized access or breach
  • Keeping your billing and business information current and accurate

We are not liable for:

  • Unauthorized account access due to your failure to secure credentials
  • Any loss, damage, or misuse of your account
  • Actions taken by anyone with access to your account

4. Communications, Messaging & Compliance

4.1 What We Enable

Forest Stump may provide or enable features including:

  • SMS and text messaging
  • Missed call text-back services
  • Automated review or feedback requests
  • Automated follow-up communications
  • Voice calls or call tracking
  • Email communications
  • Push notifications
  • Automated workflows or sequences

4.2 Your Responsibility as Sender

By using any messaging or communication feature, you agree that:

  • You are the sender and sole sender of all communications
  • You have obtained express written consent from all recipients before sending marketing, promotional, or automated messages (except transactional messages necessary to fulfill a service)
  • You are responsible for complying with all telecommunications, marketing, privacy, and consumer protection laws applicable in each recipient’s jurisdiction
  • You will not use messaging features to send spam, harassment, fraud, or unlawful content
  • You will honor opt-out requests immediately and maintain accurate opt-out lists

4.3 Compliance Standards

You must comply with:

  • UK: Privacy and Electronic Communications Regulations (PECR), Data Protection Act 2018, UK GDPR, Consumer Rights Act 2015
  • US: Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, FTC regulations, state-specific telemarketing laws
  • EU/EEA: General Data Protection Regulation (GDPR), ePrivacy Directive, national implementations
  • Australia: Spam Act 2003, Do Not Call Register, Australian Consumer Law
  • Canada: Personal Information Protection and Electronic Documents Act (PIPEDA), Canada’s Anti-Spam Legislation (CASL)
  • All other applicable laws in jurisdictions where you send communications

4.4 Carrier & Network Compliance

You acknowledge that:

  • Messaging may be delivered through telecommunications carriers and third-party networks
  • Carriers may block, filter, or reject messages that violate their policies or legal requirements
  • High-volume messaging may trigger carrier filtering or suspension
  • Forest Stump is not liable for carrier-imposed blocks, delays, or outages
  • You must comply with carrier acceptable use policies and industry standards

4.5 No Monitoring

Forest Stump does not:

  • Monitor or review your communications or messaging content
  • Verify recipient consent
  • Screen for spam, fraud, or unlawful content
  • Control how you use messaging features

You are solely responsible for ensuring all messaging activity complies with law.

4.6 Indemnification for Messaging

You agree to indemnify and hold harmless Panda Media Group Limited, its officers, employees, and agents from any claims, fines, penalties, damages, or costs (including legal fees) arising from:

  • Violations of telecommunications, marketing, or privacy laws
  • Recipient complaints, carrier complaints, or regulatory action
  • Allegations of spam, harassment, fraud, or unlawful messaging
  • Breach of carrier acceptable use policies
  • Violations of TCPA, PECR, GDPR, CASL, Spam Act, or similar laws
  • Your use of messaging features in any jurisdiction

5. Websites & Content

If Forest Stump hosts or provides a website for you:

  • You are solely responsible for all content published on your website

  • You warrant you have full rights to use all text, images, logos, videos, testimonials, and branding

  • You are responsible for all legally required pages including:

    • Privacy Policy compliant with laws in your jurisdiction
    • Terms of Service or Terms and Conditions
    • Legal disclaimers and disclaimers of liability
    • Business licensing, credentials, and certifications
    • Cookie notices and consent (where required)
    • Accessibility statements (if required)

  • You warrant that your website content does not:

    • Infringe third-party intellectual property rights
    • Contain defamatory, misleading, or false claims
    • Violate consumer protection laws or advertising standards
    • Make unsubstantiated claims about results, effectiveness, or outcomes

Forest Stump is not responsible for claims, fines, disputes, regulatory action, or damages arising from your website content, including but not limited to breaches of advertising law, false claims, or IP infringement.

6. Data Protection & Privacy

6.1 Data Controller Responsibility

You are the data controller for all customer data collected and stored through Forest Stump (names, email addresses, phone numbers, messages, call recordings, etc.).

Forest Stump is a data processor acting on your instructions.

6.2 Your Privacy Obligations

You must:

  • Provide a lawful basis for collecting and processing personal data
  • Provide clear privacy notices to individuals before collecting their data
  • Comply with GDPR, UK GDPR, and all applicable data protection laws
  • Respond to data access requests and comply with data subject rights
  • Implement appropriate security measures
  • Have a Data Protection Impact Assessment if required

6.3 Our Data Processing

We will:

  • Process data only on your written instructions
  • Maintain reasonable security measures
  • Assist with data subject requests (subject to reasonable fees)
  • Delete data upon account termination (see Section 10)

You are responsible for compliance with all data protection laws. Forest Stump is not liable for data protection violations arising from your use of the platform.

A full Data Processing Addendum is available upon request for GDPR compliance.

7. Payments, Billing & Refunds

7.1 Billing Terms

  • Fees are billed in advance on the recurring basis specified during signup (monthly, annual, etc.)
  • All fees are stated exclusive of tax unless stated otherwise
  • You are responsible for all sales tax, VAT, GST, or other taxes imposed by your jurisdiction
  • We may invoice you or charge your payment method automatically

7.2 Price Changes

  • We may change pricing with 30 days’ notice
  • Changes apply to renewals, not current billing periods
  • Continued use after notice constitutes acceptance of new pricing
  • You may cancel before the change takes effect if you do not agree

7.3 Non-Refundable Fees

  • All subscription fees are non-refundable except where required by law
  • No refunds for partial months or early cancellation
  • Refunds for legal entitlements (e.g., consumer protection laws) will be issued at our discretion

7.4 Failed Payments

  • If payment fails, we will attempt to re-charge your payment method
  • Repeated failed payments may result in immediate account suspension or termination
  • Outstanding balances remain payable and may be pursued through collection

7.5 Late Payment

  • Invoices are due upon issue unless stated otherwise
  • Unpaid invoices may result in service suspension and account termination

8. No Guarantees, Warranties or Performance Claims

Forest Stump makes no guarantees or warranties regarding:

  • Increased revenue, sales, or business outcomes
  • Generation of leads or enquiries
  • Search engine rankings or visibility
  • Message delivery rates or open rates
  • Call completion or connection rates
  • Uptime or system availability (see Section 11)
  • Uninterrupted or error-free operation

Results depend on factors entirely outside our control, including your market, competition, pricing, service quality, customer service, brand reputation, and how you use the system.

We do not guarantee any specific outcome and are not responsible for failure to achieve expected results.

9. Intellectual Property

9.1 Ownership

All software, systems, code, designs, branding, trademarks, documentation, and materials provided by Forest Stump remain the exclusive property of Panda Media Group Limited and are protected by copyright and intellectual property laws.

9.2 Limited License

We grant you a limited, revocable, non-exclusive, non-transferable license to use the Forest Stump platform solely for your own business purposes while your account is active.

You may not:

  • Reverse engineer, decompile, or extract source code
  • Modify, adapt, or create derivative works
  • Resell, transfer, or sublicense the platform
  • Remove or alter copyright, trademark, or proprietary notices
  • Use the platform to develop competing services

9.3 Your Content

You retain ownership of content you create (business information, communications, website content). By using Forest Stump, you grant us a license to:

  • Store and process your content
  • Display your content within your account
  • Use aggregated, anonymized data for system improvement and analytics

10. Suspension & Termination

10.1 Termination by Us

We may immediately suspend or terminate your access without liability if:

  • You breach these Terms or any Acceptable Use Policy
  • You send spam, unlawful, or harassing messages
  • You violate telecommunications, marketing, privacy, or consumer protection laws
  • Your usage violates carrier policies or puts our infrastructure at risk
  • We receive legal process or regulatory demands regarding your account
  • We believe your activity poses a legal or security risk
  • You fail to pay outstanding fees after 30 days’ notice

10.2 Termination by You

You may cancel your account at any time by requesting cancellation through your account settings or contacting support. Cancellation is effective at the end of your current billing period.

10.3 Effect of Termination

Upon termination or suspension:

  • Your access to Forest Stump is immediately removed
  • You will no longer be able to send messages, access websites, or retrieve data
  • Your data will be retained for 90 days, then deleted (except where required by law)
  • Outstanding balances remain payable
  • Provisions of these Terms that survive termination (liability, indemnification, etc.) continue in effect

11. Third-Party Services & Uptime

11.1 Third-Party Dependency

Forest Stump relies on third-party providers including:

  • Telecommunications carriers (for SMS, calls, voicemail)
  • Email service providers
  • Payment processors
  • Cloud hosting infrastructure
  • SMS aggregators and messaging networks

11.2 No Liability for Third Parties

We are not responsible for:

  • Service outages, delays, or failures caused by third parties
  • Message delivery failures or delays
  • Call connection failures
  • Data loss or corruption by third-party providers
  • Changes, suspensions, or terminations by third-party services
  • Blocking, filtering, or rate-limiting by carriers or networks

11.3 No Uptime Guarantee

Forest Stump is provided on an “as-is” basis. We do not guarantee:

  • 99.9% uptime or any specific uptime percentage
  • Continuous, uninterrupted service
  • Error-free operation
  • Data backup or recovery

We will make reasonable efforts to maintain service availability, but cannot guarantee it.

12. Limitation of Liability

12.1 Exclusion of Damages

To the maximum extent permitted by law, neither Forest Stump nor Panda Media Group Limited is liable for:

  • Indirect, incidental, consequential, special, or punitive damages
  • Loss of profits, revenue, business opportunity, or goodwill
  • Loss or corruption of data
  • Business interruption or downtime
  • Reputational harm or embarrassment
  • Costs of procurement of substitute services
  • Third-party claims or customer complaints
  • Message delivery failures or telecommunications delays
  • Carrier blocking, filtering, or rate-limiting
  • Service availability or uptime failures

This applies even if we have been advised of the possibility of such damages.

12.2 Liability Cap

Our total aggregate liability to you under these Terms is limited to the lesser of:

  • The amount you paid to Forest Stump in the 6 months preceding the claim, or
  • £2,500 GBP (or equivalent in your local currency)

This cap does not apply to:

  • Your indemnification obligations to us
  • Claims arising from death or personal injury (if permitted by law)
  • Gross negligence or willful misconduct
  • Fraud or intentional misrepresentation
  • Breaches that cannot be limited by law

12.3 Consumer Protection Rights

If you are a consumer, nothing in these Terms limits your statutory rights under the Consumer Rights Act 2015 (UK) or equivalent consumer protection laws in your jurisdiction. This section applies only to the extent permitted by applicable law.

12.4 Your Indemnification Obligation

Notwithstanding any liability cap, your indemnification obligations under Section 13 are not limited and survive any cap or exclusion. You are fully liable for claims, damages, and costs arising from your use of the platform, regardless of amount.

13. Indemnification

You agree to indemnify, defend, and hold harmless Panda Media Group Limited, its parent, subsidiaries, affiliates, officers, directors, employees, agents, and successors from any and all claims, damages, fines, penalties, costs, and expenses (including reasonable legal fees) arising from or related to:

  • Your use of Forest Stump
  • Your breach of these Terms or any law or regulation
  • Your communications, messages, or content sent through the platform
  • Your website content or claims made on your website
  • Intellectual property infringement by your content
  • Third-party claims related to your use of the platform
  • Violations of consumer protection, telecommunications, marketing, or privacy laws
  • Carrier complaints, regulatory action, or legal proceedings related to your account
  • Any injury, death, or damage caused by your use of Forest Stump

14. Acceptable Use Policy

You agree not to use Forest Stump to:

  • Send spam, unsolicited messages, or bulk promotional content without consent
  • Violate the Telephone Consumer Protection Act (TCPA), Privacy and Electronic Communications Regulations (PECR), GDPR, CASL, Spam Act, or similar laws
  • Harass, threaten, abuse, defame, or intimidate any person
  • Impersonate another individual or business
  • Transmit unlawful, harmful, offensive, or abusive content
  • Distribute malware, viruses, or harmful code
  • Attempt to gain unauthorized access to the platform or other systems
  • Reverse engineer, decompile, or extract data
  • Conduct phishing, fraud, or deception
  • Violate any third-party rights or privacy
  • Interfere with platform operations or service to other users
  • Use automated tools (bots, scrapers) without written permission
  • Make false or misleading claims about your business, services, or results

Violations may result in immediate suspension or termination of your account without refund.

15. Changes to Terms

We may update these Terms at any time for:

  • Legal or regulatory changes
  • Security improvements
  • Platform updates or features
  • Clarification of existing terms

We will provide 30 days’ notice of material changes (either via email, in-app notification, or on our website).

Continued use of Forest Stump after changes become effective constitutes your acceptance of the new Terms. If you do not agree to changes, you must cancel your account.

16. Governing Law & Dispute Resolution

16.1 Governing Law

These Terms and your use of Forest Stump are governed by the laws of England and Wales, without regard to conflict of law principles.

16.2 Jurisdiction

You irrevocably submit to the exclusive jurisdiction of the courts of England and Wales for any dispute, claim, or legal proceedings arising from or related to these Terms or Forest Stump.

However, we may pursue claims against you in any court of competent jurisdiction.

16.3 Alternative Dispute Resolution

Before initiating court proceedings, we encourage parties to attempt informal resolution. You may contact us at [support email] to discuss any dispute.

16.4 Consumer Arbitration (UK/EU)

If you are a consumer in the UK or EU, you have the right to refer disputes to your national consumer dispute resolution body or alternative dispute resolution (ADR) provider. [Insert UK/EU ADR contact info if applicable].

17. Severability

If any provision of these Terms is found invalid, illegal, or unenforceable by a court, that provision will be severed and the remaining Terms will continue in full effect.

18. Entire Agreement

These Terms, together with our Privacy Policy and Acceptable Use Policy, constitute the entire agreement between you and Forest Stump regarding your use of the platform. All prior agreements, understandings, and negotiations are superseded.

19. Contact Information

Forest Stump
Operated by Panda Media Group Limited
Registered in England and Wales [Company Registration Number: INSERT]

Website: https://foreststump.io
Email: hello@foreststump.io

20. Survival

The following sections survive termination or expiration of these Terms:

  • Section 1 (What Forest Stump Is)
  • Section 3.3 (Account Security Liability)
  • Section 4.6 (Indemnification for Messaging)
  • Section 5 (Websites & Content)
  • Section 6 (Data Protection)
  • Section 9 (Intellectual Property)
  • Section 12 (Limitation of Liability)
  • Section 13 (Indemnification)
  • Section 16 (Governing Law)
  • Section 18 (Entire Agreement)
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