Cottage CMS

Terms of Service

Last updated: August 2025

Welcome to Cottage CMS

These Terms of Service govern your use of Cottage CMS, a website platform designed specifically for cottage food entrepreneurs. By using our service, you agree to these terms and our commitment to helping you build a successful cottage food business online.

1. Acceptance of Terms

By accessing or using Cottage CMS ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you may not access the Service.

Key Points:

  • • These terms apply to all users of Cottage CMS
  • • By creating an account, you accept these terms
  • • Age requirements vary by state - see eligibility section
  • • We may update these terms with notice

2. Description of Service

Cottage CMS provides a website building platform specifically designed for cottage food businesses. Our service includes:

Core Features

  • • Website building tools and templates
  • • Cottage food compliance features
  • • Product showcase capabilities
  • • Customer management tools
  • • Mobile-responsive designs

Additional Services

  • • Professional photography services
  • • Content writing assistance
  • • State compliance review
  • • Local SEO optimization
  • • One-on-one training sessions

3. SMS and Text Messaging Terms

SMS Program Overview

Program Name: Cottage CMS SMS Notifications

By providing your mobile phone number and opting in, you agree to receive text messages from Cottage CMS. We offer two types of SMS messaging services:

  • 1. Platform Communications: Text messages about your Cottage CMS account, billing, security alerts, and important service updates
  • 2. Customer Communications: Enable your cottage food website to send text messages to your customers for order confirmations, shipping updates, and marketing campaigns (with their explicit consent)

Types of Messages

Transactional Messages

These service-related messages do not require separate opt-in consent:

  • • Account security alerts and verification codes
  • • Password reset confirmations
  • • Payment and billing notifications
  • • Order confirmations and receipts
  • • Shipping and delivery updates
  • • Service disruption notices

Marketing Messages

These promotional messages require your prior express written consent:

  • • Special offers and discounts
  • • New feature announcements
  • • Product updates and tips
  • • Event invitations
  • • Educational content and resources
  • • Promotional campaigns

Message Frequency

  • Platform Messages: You will receive up to 4 messages per month for account-related communications. Frequency may vary based on your account activity and critical updates
  • Customer Order Messages: You and your customers will receive 2-4 messages per order (order confirmation, preparation, shipping, delivery)
  • Marketing Messages: Frequency is disclosed at opt-in time. Typically up to 4 messages per month, but may vary based on the specific campaign you subscribe to

Consent Requirements

TCPA Compliance: By opting in to receive SMS messages, you provide your prior express written consent to receive text messages from Cottage CMS using an automatic telephone dialing system or artificial/prerecorded voice to the mobile phone number you provide.

  • Consent is Not Required for Purchase: You are not required to consent to receiving marketing text messages as a condition of purchasing any goods or services from Cottage CMS
  • One-to-One Consent: Your consent applies only to Cottage CMS and cannot be shared with third parties or affiliates for their marketing purposes
  • Opt-In Methods: You may provide consent by:
    • • Checking an opt-in checkbox on our website forms
    • • Texting a keyword (e.g., START, JOIN) to our SMS number
    • • Verbally agreeing during a recorded phone call
    • • Confirming via email with a double opt-in process

Message and Data Rates

Message and data rates may apply for any messages sent to you from us and to us from you. Standard messaging rates from your mobile carrier will apply to all SMS messages. We do not charge for SMS messages, but your carrier may. The number of messages you receive will depend on your opt-in preferences and account activity. Check with your mobile carrier for details about your messaging plan.

How to Opt-Out (Stop Messages)

You can cancel the SMS service at any time. To stop receiving SMS messages from Cottage CMS, reply to any message with any of these keywords:

  • • STOP
  • • STOPALL
  • • UNSUBSCRIBE
  • • CANCEL
  • • END
  • • QUIT

After texting any of these keywords, you will receive one final confirmation message that you have been unsubscribed. No further messages will be sent to your mobile number unless you opt-in again. You will not be charged for this STOP message.

Note: Opting out of marketing messages will not prevent you from receiving transactional messages related to your account or orders.

How to Get Help

If you are experiencing issues with the messaging program, you can reply with the keyword HELP for more information.

After texting HELP, you will receive information about the SMS program including customer support contact details.

Additional Support Options:

SMS Service Provider

Cottage CMS uses Sinch as our third-party SMS gateway provider to deliver text messages. By opting in, you acknowledge that your phone number and message content will be shared with Sinch for the sole purpose of message delivery. Sinch processes this information according to their privacy policy and does not use your data for any other purposes.

Carrier and Device Limitations

Important Limitations:

  • • Carrier Liability: Carriers are not liable for delayed or undelivered messages. Message delivery depends on factors outside our control including network availability, device compatibility, and carrier policies
  • • Supported Carriers: SMS service is available for U.S. mobile phone numbers from participating carriers. Some prepaid plans or MVNOs may not support all message types
  • • Device Requirements: You must have a mobile device capable of receiving SMS text messages
  • • Time Restrictions: Marketing messages will not be sent before 8:00 AM or after 9:00 PM in your local time zone, in compliance with TCPA regulations
  • • No Guarantee: While we make reasonable efforts to ensure message delivery, we do not guarantee delivery or timing of SMS messages

User Responsibilities

By opting in to SMS messaging, you agree to:

  • Provide accurate and current mobile phone number information
  • Update your phone number if it changes
  • Notify us immediately if you no longer have access to a phone number you provided
  • Maintain an active mobile phone plan capable of receiving SMS messages
  • Review and comply with your mobile carrier's terms of service
  • Not hold Cottage CMS liable for carrier-related issues or charges

Privacy and Data Protection

If you have any questions regarding privacy, please read our Privacy Policy. Our privacy policy explains in detail how we collect, use, store, and protect your phone number and SMS-related data. Key points include:

  • We do not sell, rent, or share your phone number with third parties for marketing purposes
  • Your SMS opt-in status and consent records are kept confidential
  • We retain opt-out records indefinitely to honor your preferences
  • You have the right to access, update, or delete your SMS data

SMS Service Modifications and Termination

We reserve the right to:

  • Modify the SMS program, message frequency, or content with reasonable notice
  • Suspend or terminate SMS services for technical, legal, or business reasons
  • Block or restrict SMS access for accounts that violate these terms
  • Change SMS service providers with notification to users

In the event of SMS service termination, we will provide at least 30 days advance notice when possible, and will continue to honor opt-out preferences indefinitely.

4. User Eligibility and Compliance

Eligibility Requirements

  • Age Requirements: You must meet your state's minimum age requirement for operating a cottage food business:
    • If you are 18 or older, you may create an account independently
    • If you are under 18 but meet your state's requirements (some allow from age 13), a parent or legal guardian must create and manage the account on your behalf
    • The account holder must have legal capacity to enter into contracts
  • You must have legal authority to operate a cottage food business in your jurisdiction
  • You must comply with all applicable cottage food laws and regulations
  • You may not use our service where prohibited by law

📝 Minor Operators

If you are a minor operating a cottage food business under your state's laws:

  • • Your parent/guardian must create and maintain the account
  • • Your parent/guardian is responsible for all account activity
  • • Your parent/guardian must supervise your business operations
  • • All legal agreements are with the parent/guardian, not the minor

⚠️ Legal Compliance Notice

You are solely responsible for:

  • • Obtaining required cottage food permits and licenses
  • • Ensuring product labeling compliance
  • • Following approved food lists for your state
  • • Meeting local health department requirements
  • • Collecting and remitting applicable taxes

5. Account Registration and Security

Account Requirements

  • The account holder must be legally able to enter into contracts (18+ or emancipated minor, or parent/guardian for minor operators)
  • You must provide accurate, current, and complete information during registration
  • You are responsible for maintaining the confidentiality of your account credentials
  • You must notify us immediately of any unauthorized use of your account
  • One person or business entity per account

Account Security

Important: You are solely responsible for all activities that occur under your account. Use strong passwords and enable two-factor authentication when available.

6. Pricing and Payment Terms

Platform Pricing

💰 One-Time Investment Model

Cottage CMS uses a lifetime access model with a one-time payment of $297. This includes ongoing platform access, updates, and basic support. No monthly fees or recurring charges for platform access.

A-La-Carte Services

Additional professional services are available for separate fees:

  • Custom Domain Setup: $97
  • Professional Photography: $297
  • State Compliance Review: $197
  • Content Writing: $247
  • Local SEO: $197
  • One-on-One Training: $147

Payment Terms

  • All fees are due upon purchase
  • We accept major credit cards and PayPal
  • All sales are final after 30-day guarantee period
  • Prices may change with 30 days notice for new customers
  • Failed payments may result in service suspension

7. Refund Policy

30-Day Money-Back Guarantee

We offer a 30-day money-back guarantee for our platform fee. If you're not satisfied with Cottage CMS within 30 days of purchase, we'll provide a full refund.

Refund Conditions

  • Lifetime Access: Full refund within 30 days of purchase
  • Pro Plan: No refunds for monthly subscriptions; cancel anytime to avoid future charges
  • Free Trial: No charges during 14-day trial period
  • Partial Usage: No partial refunds for unused portions of monthly or lifetime fees

To request a refund, contact us at support@cottagecms.comwithin the applicable refund period.

8. User Content and Intellectual Property

Your Content

You retain all rights to content you create and upload to your Cottage CMS website, including:

  • Product descriptions and business information
  • Photos and images you upload
  • Blog posts and written content
  • Business branding and logos

License to Cottage CMS

By using our service, you grant Cottage CMS a limited, non-exclusive license to use your content solely for the purpose of providing our service, including:

  • Storing and displaying your content on your website
  • Creating backups for data protection
  • Technical processing for website functionality
  • Anonymized use in aggregate analytics (no personal identification)

Cottage CMS Intellectual Property

The Cottage CMS platform, including software, templates, features, and branding, is owned by Cottage CMS. You receive a license to use our platform but do not own the underlying technology.

9. Prohibited Uses

You agree not to use Cottage CMS for:

Illegal or Harmful Activities

  • • Violating any laws or regulations
  • • Selling prohibited food items
  • • Operating without proper permits
  • • Making false health claims
  • • Infringing on others' intellectual property

Platform Abuse

  • • Attempting to hack or disrupt the service
  • • Sharing account credentials
  • • Creating multiple accounts
  • • Reselling platform access
  • • Using automated tools without permission

⚠️ Cottage Food Compliance

You are responsible for ensuring your cottage food business complies with all applicable state and local laws. Cottage CMS provides tools and guidance but cannot guarantee legal compliance.

10. Service Availability and Modifications

Service Availability

We strive to provide reliable service but cannot guarantee 100% uptime. We may experience:

  • Scheduled maintenance windows
  • Unexpected technical issues
  • Third-party service disruptions
  • Force majeure events

Service Modifications

We may modify, update, or discontinue features of our service with reasonable notice. We will:

  • Provide advance notice of significant changes
  • Maintain core functionality for existing users
  • Offer migration assistance when possible
  • Continue to honor our lifetime access commitment

11. Account Termination

Termination by You

You may terminate your account at any time by contacting us. Upon termination:

  • Your website will be taken offline
  • We'll provide a 30-day data export window
  • Account data will be deleted according to our retention policy
  • No refunds for completed services or after guarantee period

Termination by Cottage CMS

We may suspend or terminate accounts for violations of these terms, including:

  • Violating prohibited use policies
  • Non-payment (after grace period and notice)
  • Abusive behavior toward staff or other users
  • Legal violations or court orders

We will provide reasonable notice and opportunity to cure violations when possible, except in cases of severe misconduct or legal requirements.

12. Disclaimers and Limitations of Liability

Service Disclaimers

COTTAGE CMS IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Limitation of Liability

To the maximum extent permitted by law, Cottage CMS's total liability for any claims arising from your use of our service shall not exceed the amount you paid for the service in the 12 months preceding the claim.

Specific Disclaimers

  • Legal Compliance: We provide tools and guidance but cannot guarantee compliance with cottage food laws
  • Business Success: We cannot guarantee your business success or income levels
  • Third-Party Services: We are not responsible for third-party integrations or services
  • Data Loss: While we maintain backups, you should independently backup important data

13. Indemnification

You agree to indemnify and hold harmless Cottage CMS from any claims, damages, or expenses arising from:

  • Your use of the service in violation of these terms
  • Your cottage food business operations
  • Content you post or publish through our platform
  • Violation of any laws or third-party rights
  • Your failure to comply with cottage food regulations

14. Governing Law and Dispute Resolution

Governing Law

These Terms are governed by the laws of the State of Texas, United States, without regard to conflict of law principles.

Dispute Resolution

We prefer to resolve disputes amicably. Before pursuing legal action:

  1. Contact our support team to discuss the issue
  2. Allow 30 days for good faith resolution attempts
  3. Consider mediation through a mutually agreed mediator

Any legal proceedings will be conducted in the courts of Bexar County, Texas, and you consent to personal jurisdiction in those courts.

15. Changes to Terms

We may update these Terms from time to time. When we make changes:

  • We'll post the updated Terms on our website
  • We'll notify you by email of material changes
  • Changes take effect 30 days after posting
  • Continued use constitutes acceptance of new terms
  • You may terminate your account if you disagree with changes

16. Cookies and Tracking Technologies

Use of Cookies

We use cookies and similar technologies to:

  • Maintain your session and authentication
  • Remember your preferences
  • Analyze site usage and performance
  • Prevent fraud and enhance security

Analytics and Marketing

We may use third-party analytics services including:

  • Google Analytics for usage statistics
  • Meta Pixel for conversion tracking
  • Cloudflare Analytics for performance monitoring

You can control cookies through your browser settings. Disabling cookies may affect site functionality.

17. API Terms and Developer Access

If we provide API access or developer tools:

  • API access is subject to rate limiting
  • You may not use APIs to compete with our service
  • We may revoke API access for abuse or violations
  • API availability is not guaranteed

18. Export Controls and Sanctions

You may not use our service if you are:

  • Located in a country subject to U.S. embargo
  • On any U.S. government restricted parties list
  • Prohibited from receiving U.S. origin products or services

19. California Consumer Rights

California Residents

If you are a California resident, you have additional rights under the California Consumer Privacy Act (CCPA) including the right to know, delete, and opt-out of the sale of personal information. See our Privacy Policy for details.

20. Force Majeure

We are not liable for any delay or failure to perform due to causes beyond our reasonable control, including:

  • Natural disasters or acts of God
  • War, terrorism, or civil unrest
  • Government actions or regulations
  • Internet or utility failures
  • Labor disputes or shortages
  • Pandemic or epidemic

21. Contact Information

If you have questions about these Terms of Service, please contact us:

General Questions

Email: hello@cottagecms.com
Support: support@cottagecms.com

Last Updated: November 7, 2025
Effective Date: November 7, 2025
By using Cottage CMS, you acknowledge that you have read, understood, and agree to these Terms of Service.