Terms of Service

1 Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and [Company Name] ("Company," "we," "us," or "our") governing your access to and use of the [Company Name] CRM platform, including all associated websites, APIs, mobile applications, and services (collectively, the "Service").

By creating an account, accessing, or using the Service, you agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

2 Definitions

• "Service" — The CRM platform, including web application, APIs, mobile apps, documentation, and all related services.
• "Tenant" — An organizational workspace within the Service, created and managed by a Tenant Administrator.
• "Tenant Administrator" — The individual(s) who create and manage a Tenant, including configuration, user management, and billing.
• "User" — Any individual who accesses the Service, including Tenant Administrators, Staff, and End-Users.
• "User Content" — All data, text, files, images, and materials uploaded, stored, or transmitted through the Service by Users.
• "Subscription Plan" — The tier of service selected by a Tenant, defining features, limits, and pricing.

3 Account Registration & Security

3.1 Registration

To use the Service, you must create an account by providing accurate, current, and complete information. You agree to update your information promptly if it changes.

3.2 Account Security

• You are responsible for maintaining the confidentiality of your login credentials.
• You must notify us immediately at [support@company.com] of any unauthorized use of your account.
• You are responsible for all activities that occur under your account.
• We strongly recommend enabling multi-factor authentication (MFA) where available.

3.3 Account Types & Roles

The Service supports role-based access control. Tenant Administrators are responsible for assigning appropriate permissions to their team members. Access to CRM records is determined by the assigned role, and all access is logged for audit purposes.

4 Acceptable Use Policy

You agree to use the Service only for lawful purposes and in accordance with these Terms. Specifically, you agree to:

• Comply with all applicable local, national, and international laws and regulations.
• Respect the rights, privacy, and data of others.
• Ensure that all data you import into or store in the CRM has been collected lawfully and with appropriate consent.
• Use the Service in a manner consistent with its intended purpose as a CRM platform.
• Cooperate with us in investigating suspected violations of these Terms.

5 Prohibited Conduct

You shall not, and shall not permit others to:

• Use the Service for any unlawful, fraudulent, or malicious purpose.
• Upload, store, or transmit any content that is defamatory, obscene, threatening, or that infringes any third-party intellectual property or privacy rights.
• Send unsolicited bulk communications (spam) through the Service.
• Attempt to gain unauthorized access to any part of the Service, other users' accounts, or our systems.
• Introduce malicious code, viruses, worms, or any harmful software.
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service.
• Use automated tools (bots, scrapers, crawlers) to access the Service except via our documented APIs.
• Sublicense, resell, or redistribute the Service without our express written consent.
• Circumvent any rate limits, usage restrictions, or security measures.
• Store sensitive personal data (e.g., health records, financial account numbers, government ID numbers) unless the Service is explicitly designed and configured for such data under an appropriate plan.

6 Intellectual Property Ownership

6.1 Our Property

The Service, including its design, code, features, documentation, trademarks, logos, and all associated intellectual property, is and remains the exclusive property of [Company Name] and its licensors. Nothing in these Terms transfers any ownership rights to you.

6.2 Your Property

You retain all ownership rights in your User Content. We claim no ownership over data you upload, create, or store in the Service. By using the Service, you grant us a limited, non-exclusive license to process your User Content solely to provide, maintain, and improve the Service.

6.3 Feedback

If you provide suggestions, ideas, or feedback about the Service, you grant us an unrestricted, perpetual, irrevocable, royalty-free license to use and incorporate such feedback without obligation to you.

7 License Grant

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service during the term of your subscription or registration, solely for your internal business purposes.

This license does not include the right to:

• Modify, copy, or create derivative works of the Service.
• Sublicense, lease, or distribute the Service to third parties.
• Use the Service to build a competing product or service.
• Remove or alter any proprietary notices or labels on the Service.

8 User Content & Data

8.1 Responsibility

You are solely responsible for the accuracy, quality, integrity, legality, and appropriateness of all User Content. You represent that you have all necessary rights and consents to upload and process such data through the Service.

8.2 Data Processing

To the extent we process personal data on your behalf (as a data processor), a Data Processing Agreement (DPA) governs such processing. The DPA is available upon request or as part of enterprise plans.

8.3 Data Export

You may export your User Content at any time in standard formats (CSV, JSON) through the Service's export features. Upon termination, you have 30 days to export your data before it is permanently deleted.

8.4 Data Portability

We support data portability and will provide reasonable assistance in migrating your data to another service upon request, subject to applicable fees for exceptional effort.

9 Subscription & Billing

9.1 Plans & Pricing

The Service may be offered under free or paid subscription plans. Features, limits, and pricing are described on our pricing page. We reserve the right to modify pricing with 30 days' advance notice.

9.2 Payment Terms

• Fees are billed in advance on a monthly or annual basis, as selected.
• All fees are non-refundable except as expressly stated or required by law.
• You authorize us (or our payment processor) to charge your payment method on file for recurring fees.
• Failed payments may result in service suspension after a 7-day grace period.

9.3 Taxes

Fees are exclusive of applicable taxes (GST, VAT, sales tax, etc.). You are responsible for all taxes associated with your use of the Service, except for taxes on our net income.

9.4 Free Tier / Trial

If we offer a free tier or trial period, it is provided "as-is" without warranty. We reserve the right to modify or discontinue free offerings at any time. Conversion to a paid plan will require your explicit consent.

10 Service Availability & SLA

We strive to maintain high availability of the Service. However:

• We do not guarantee 100% uptime. Scheduled maintenance will be announced with reasonable advance notice.
• For paid enterprise plans, a separate Service Level Agreement (SLA) with specific uptime commitments and remedies may apply.
• We are not liable for interruptions caused by factors beyond our reasonable control (see Force Majeure).

11 Third-Party Services & Integrations

The Service may integrate with or link to third-party services (e.g., email providers, SMS gateways, payment processors, analytics tools). Your use of such services is governed by their own terms and policies.

• We do not endorse, control, or assume responsibility for third-party services.
• Integration availability may change without notice due to third-party API changes.
• Data shared with third-party services through integrations you enable is your responsibility; ensure compliance with applicable data protection laws.
• Payment processing is handled by PCI DSS–compliant third-party processors; we do not store your full payment card information.

12 Mobile Application Terms

If you access the Service through our iOS or Android applications:

• These Terms apply in addition to any terms imposed by Apple's App Store or Google Play Store.
• Apple and Google are not parties to these Terms and have no obligation to provide maintenance or support for the app.
• You may not use the mobile app on a device you do not own or control without the owner's permission.
• We grant you a non-transferable license to use the app on a device you own, solely for accessing the Service.
• You acknowledge that Apple (for iOS) has the right to enforce these Terms as a third-party beneficiary, to the extent required by Apple's App Store terms.

13 Warranties & Disclaimers

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. To the maximum extent permitted by applicable law, we expressly disclaim all warranties of any kind, whether express, implied, or statutory, including but not limited to:

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
• Warranties that the Service will be uninterrupted, error-free, secure, or virus-free.
• Warranties regarding the accuracy, completeness, or reliability of any content or data obtained through the Service.
• Warranties that the Service will meet your specific requirements.

No advice or information, whether oral or written, obtained from us or through the Service, creates any warranty not expressly stated in these Terms.

For users in India: The disclaimers above apply to the extent permissible under the Indian Contract Act, 1872, Consumer Protection Act, 2019, and applicable law.

14 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

1. Exclusion of Indirect Damages: In no event shall the Company, its directors, employees, agents, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, business opportunities, or goodwill, arising out of or related to your use of the Service, regardless of the theory of liability (contract, tort, strict liability, or otherwise), even if advised of the possibility of such damages.
2. Cap on Direct Damages: Our total aggregate liability for any and all claims arising out of or related to these Terms or the Service shall not exceed the greater of (a) the total fees paid by you to us in the 12 months preceding the claim, or (b) [USD 100 / INR 8,000].
3. Essential Purpose: The limitations above apply even if any remedy fails its essential purpose.

Exceptions: Nothing in these Terms limits liability for (a) fraud or fraudulent misrepresentation, (b) death or personal injury caused by negligence, (c) any liability that cannot be lawfully excluded or limited.

15 Indemnification

You agree to indemnify, defend, and hold harmless [Company Name], its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorney fees) arising out of or related to:

• Your use of the Service in violation of these Terms.
• Your User Content, including any claims that it infringes third-party intellectual property or privacy rights.
• Your violation of any applicable law or regulation.
• Any unauthorized access to or use of the Service through your account.

We will provide you with prompt notice of any such claim and reasonably cooperate in the defense, at your expense.

16 Termination

16.1 By You

You may terminate your account at any time through account settings or by contacting [support@company.com]. Termination does not entitle you to a refund of prepaid fees.

16.2 By Us

We may suspend or terminate your account:

• For Cause: Immediately, if you breach these Terms, engage in prohibited conduct, or fail to pay fees after the grace period.
• For Convenience: With 30 days' written notice, with a pro-rata refund of any prepaid and unused fees.

16.3 Effect of Termination

• Your right to access and use the Service terminates immediately.
• You have 30 days from termination to export your User Content. After this period, we will permanently delete your data in accordance with our data retention policy.
• Provisions that by their nature should survive termination (including IP ownership, disclaimers, limitation of liability, indemnification, and dispute resolution) shall survive.

17 Governing Law

These Terms are governed by and construed in accordance with the laws of [Jurisdiction, e.g., "India" / "State of Delaware, United States"], without regard to conflict of law principles.

For users in the European Union, nothing in these Terms affects your rights as a consumer under mandatory consumer protection laws of your country of residence.

18 Dispute Resolution

18.1 Informal Resolution

Before initiating formal proceedings, you agree to contact us at [legal@company.com] to attempt to resolve the dispute informally within 30 days.

18.2 Arbitration

If informal resolution fails, any dispute arising out of or related to these Terms shall be resolved by binding arbitration administered by [Arbitration Body, e.g., "the Indian Council of Arbitration" / "JAMS" / "ICC"], in accordance with its rules then in effect. The arbitration shall be conducted in [City, Country].

• The arbitration shall be conducted by a single arbitrator.
• The language of arbitration shall be English.
• The arbitrator's decision shall be final and binding.
• Judgment on the arbitral award may be entered in any court of competent jurisdiction.

18.3 Class Action Waiver

To the extent permitted by applicable law, you agree that any dispute resolution proceedings will be conducted on an individual basis and not as a class, consolidated, or representative action.

18.4 Exclusive Jurisdiction

For matters not subject to arbitration, the courts of [City, Jurisdiction] shall have exclusive jurisdiction.

19 Force Majeure

Neither party shall be liable for any delay or failure to perform obligations under these Terms due to causes beyond reasonable control, including but not limited to: natural disasters, war, terrorism, government actions, pandemics, internet or telecommunications failures, power outages, cyberattacks, or labor disputes.

20 General Provisions

20.1 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.

20.2 Entire Agreement

These Terms, together with the Privacy Policy and any applicable DPA or SLA, constitute the entire agreement between you and the Company regarding the Service, superseding all prior agreements, representations, and understandings.

20.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

20.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of our assets.

21 Changes to These Terms

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

• Material Changes: We will provide at least 30 days' advance notice via email to the address associated with your account and/or a prominent banner in the Service.
• Minor Changes: Formatting, clarification, or typographical corrections may be made without advance notice, reflected in the "Last Updated" date.
• Continued Use: Your continued use of the Service after the effective date of changes constitutes acceptance. If you disagree, you should stop using the Service and contact us for data export and account termination.

22 Contact Information

For questions about these Terms, please contact us: