Introduction to Terms of Service
Welcome to the digital platform provided by CRM MVMNT INC., a comprehensive service designed to empower businesses in streamlining their operational processes, enhancing customer engagement, and driving growth through innovative solutions. By accessing or using our platform, you acknowledge that you have read, understood, and agreed to be bound by these Terms of Service, which constitute a legally binding agreement between you and CRM MVMNT INC. These Terms govern your use of our platform, including any content, functionality, and services offered on or through the platform. We value your trust and commitment to our platform and are dedicated to ensuring a transparent and secure user experience. Please read these Terms carefully before you start to use the platform, as they affect your legal rights and obligation.
1.Use of Platform
1.1.Eligibility Requirements.
The service is accessible to individuals who are at least 18 years of age. By agreeing to these Terms, setting up an account, or utilizing the service, you declare you meet the minimum age requirement. Creation of a customer account is restricted to individuals of at least 18 years old. Should you, as a parent or guardian, permit a minor aged 13 to 17 to establish a customer account and/or engage with the service, you commit to overseeing the minor's use of the service and account; you accept all associated risks and responsibilities; you will ensure the service's content is appropriate for the minor; guarantee the accuracy of information the minor submits; and you consent to these Terms on behalf of the minor.
1.2.Ownership of Account.
Registration for an account demands you to supply accurate, up-to-date, and complete information. Designed for business applications or professional, trade, or craft activities, the account owner is identified as the individual who concurs with these Terms or, if on behalf of a business entity, the entity itself assumes ownership. Accepting these Terms in a business capacity confirms your authority to legally bind the entity to these conditions.
1.3.Proper Use of the Service.
The service is intended solely for legitimate business activities and must be used in adherence to these Terms. You and your clientele are prohibited from employing the service in any manner that contravenes applicable laws or engages in unauthorized activities. Furthermore, you affirm that: (i) necessary legal permissions for operation under these Terms are maintained; (ii) accountability for the actions of your employees, agents, and customers utilizing the service rests with you; (iii) the responsibility for your customers' use of the service is yours; (iv) any misrepresentation of the service or its offerings by your employees, agents, or customers is forbidden; (v) you will disseminate these Terms to your affiliates and ensure their understanding and compliance; (vi) all content, including custom code for the service, supplied by you is your property or is licensed to you; (vii) you are liable for your deployment of the service, ensuring the integrity and quality of data shared; and (viii) cooperation with legal enforcement or regulatory requests related to your use of the service will be provided
1.4. Data Privacy and Security.
Engaging with our service implies your consent to the collection, use, and disclosure of personal and business data as outlined in our Privacy Policy, which is integrated into these Terms by reference. We are committed to protecting your data and upholding privacy standards, but it is your responsibility to safeguard sensitive information. When granting platform access to your customers, you must enforce a privacy policy that mirrors the protections we offer, securing explicit consent from your customers to adhere to these privacy terms. You warrant that all customer data provided to us complies with privacy regulations and that you have obtained all necessary consents.
1.5.Account Security and Integrity.
The confidentiality of your account login information is your responsibility, and you must prevent unauthorized access to your account. Should any unauthorized use of your account or breach of security occur, you are obligated to inform us immediately. We reserve the right to disable any account or login credentials at our discretion, particularly if security breaches or misuse of the service is suspected. Account transfer or sharing is strictly prohibited, emphasizing the need for robust security measures to prevent unauthorized access.
1.6.Communication Compliance.
Our platform facilitates various communication methods, including but not limited to email, SMS, and voice calls. As the primary user, you assume full responsibility for the content and legality of all outbound communications initiated through our service. This includes adherence to all applicable laws and regulations governing electronic communications, such as the CAN-SPAM Act and the Telephone Consumer Protection Act. This Platform serves solely as a conduit for these communications, and it is incumbent upon you to ensure compliance with all legal requirements, including obtaining necessary consents for communication.
1.7.External Services and Content.
Our platform may provide access to third-party services and content, which are not under the control of CRM MVMNT INC. The availability of such external resources does not imply an endorsement or responsibility for the content, accuracy, or practices of these third-party entities. Your interaction with third-party services and content is at your own risk, and we encourage due diligence before engaging with any external service provider. Should you choose to deactivate any part of your account or the entire account, the retrievability of data associated with third-party services may be compromised. We disclaim all liability related to the availability and integrity of data linked to third-party services, emphasizing the importance of careful consideration before pausing or terminating account features or services.
1.8.Interaction with External Content.
The Platform may facilitate access to or display content, applications, and services from third parties ("External Content"). Decisions to engage with External Content rest solely with you, the user. The Platform neither endorses nor assumes responsibility for the validity, accuracy, or reliability of any External Content. It is understood that such content may be governed by its own terms of use or privacy policies, and it is incumbent upon the user to acquaint themselves with those policies. Any dealings with third-party providers, including but not limited to transactions or contractual agreements, are strictly between the user and the third party.
1.9.Personalization and Trademark Use.
Users have the ability to personalize their interface within the Platform, including the adoption of specific logos, trademarks, and color schemes to reflect their branding. It is the user’s responsibility to ensure that any such personalization does not infringe on intellectual property rights and is in compliance with relevant laws. The Platform reserves the right to alter or remove any user modifications that infringe or violate these Terms or any external rights without prior notice. Personalization’s should not suggest or imply original development where the Platform's proprietary elements or intellectual property are utilized.
1.10.Usage Guidelines.
The Platform adheres to a fair usage policy, aimed at maintaining service quality and accessibility for all users. Excessive use of the Platform that leads to diminished performance for others or results in undue costs will prompt the Platform to (i) recommend or mandate a service tier adjustment to accommodate the usage, (ii) suspend or terminate service access, or (iii) impose usage limitations to mitigate adverse effects. This policy is intended to prevent misuse and ensure all users have fair access to services.
1.11.Updates and Alterations.
The Platform is subject to ongoing enhancements and may undergo updates or modifications, including changes in features and functionality. Users acknowledge that these updates may impact their use and agree that the Platform is not liable for such impacts. These updates are designed to improve user experience and service offerings and may be implemented with or without direct notification to users.
1.12.International Accessibility.
The Platform is compliant with United States laws and regulations. Accessing the Platform from outside the United States is done at the user's initiative and with the understanding that the user is responsible for compliance with local laws. The legality of accessing the Platform may vary by jurisdiction and may not be appropriate for all international users. Furthermore, individuals subject to United States sanctions or located in countries under United States embargo are prohibited from using the Platform. Users are obliged to ensure their engagement with the Platform does not contravene local legal restrictions, including those related to online conduct and content standards.
1.13.Trail Period
Our 7-day free trial offers new users full access to our software’s capabilities, including paid services such as telephone calls or SMS. To begin your trial, we require credit card information upon registration. This ensures a smooth transition for those wishing to continue with our service post-trial. Please note, while the trial allows exploration of all features, any usage of paid services like telephone calls or SMS during the trial period will be billed to your credit card.Unless cancelled, the subscription automatically activates at the end of the trial, and your card will be charged according to the selected plan. This approach guarantees that you can seamlessly continue to enjoy our services without interruption.We designed this policy to allow a thorough evaluation of our software, ensuring you can confidently decide on its value for your needs with transparency and convenience at the forefront.
2. Prohibited Activities Policy
2.1 Policy Objective:
This Prohibited Activities Policy is established to protect the integrity of the Platform and its community of users, ensuring a safe, respectful, and lawful environment. Compliance with this policy is required for all users to maintain access to the Platform.
2.2 General Prohibitions:
Users of the Platform are strictly prohibited from engaging in activities that:
a)Violate any applicable national, regional, or international law or regulation.
b)Promote or facilitate illegal or harmful activities, including fraud, phishing, or spreading malware.
c)Infringe on the intellectual property rights, privacy, or other rights of third parties.
d)Involve the dissemination of false, misleading, or deceptive content.
e)Utilize the Platform for any unauthorized commercial activities, including spamming, unsolicited advertising, or pyramid schemes.
f)Harm or exploit minors in any way.
g)Incite violence, discrimination, or hateful conduct towards any individual or group based on race, ethnicity, religion, gender, sexual orientation, disability, or any other characteristic.
h)Interfere with, disrupt, or create an undue burden on the Platform or the networks or services connected to the Platform.
2.3 Enforcement and Reporting:
The Platform actively monitors for violations of the Prohibited Activities Policy. Users are encouraged to report any suspected violations or misconduct by contacting the Platform’s support team. Reports will be investigated discretely, and appropriate actions will be taken, which may include temporary suspension, permanent account termination, or legal action against the offending user.
2.4 Responsibility of Users:
Users are responsible for their conduct while accessing the Platform and must exercise judgment and respect towards others. The Platform reserves the right to review and, if necessary, remove any content or suspend access for users found to be in violation of this policy.
2.5 Amendments to the Policy:
The Platform may amend this Prohibited Activities Policy at any time to address emerging threats or changes in legal and regulatory frameworks. Users will be notified of significant changes, but it remains the user’s responsibility to review the policy periodically and ensure compliance.2.6 Acknowledgment of Policy: By using the Platform, users acknowledge they have read, understood, and agreed to abide by the Prohibited Activities Policy. This policy forms part of the broader terms and conditions governing the use of the Platform, and adherence is non-negotiable for continued access and use.
3. Payment Terms
3.1. Fee Structure:
Access to and use of certain features of the Platform provided by CRM MVMNT INC. may require payment of fees. Users will be informed of the applicable fees and billing cycles prior to being charged. The Platform reserves the right to modify the fee structure at its discretion, with prior notification to affected users.
3.2. Subscription Charges:
Users opting for subscription-based services agree to recurring billing, which may be on a monthly or annual basis, as specified at the time of subscription initiation. Subscription fees are charged in advance and are non-refundable, except as expressly provided in these Terms.
3.3. Payment Information:
Users must provide valid and current payment information. Failure to process subscription fees due to outdated or incorrect payment details may result in suspension or termination of access to the subscription services.
3.4. Communication Surcharges:
Users are responsible for any additional charges that may arise from the use of communication services on the Platform, such as SMS or data charges imposed by telecommunications providers. These will be billed separately and are subject to change based on regulatory and provider adjustments.3.5. Overdue Payments: In the event of overdue payments, CRM MVMNT INC. reserves the right to suspend or terminate your access to the services. Users will be responsible for any fees, including legal costs, incurred by CRM MVMNT INC. in the process of collecting overdue payments.
3.6. Cancellation Policy:
Users may cancel their subscriptions in accordance with the Platform’s cancellation procedures. Cancellation must occur prior to the next billing cycle to avoid being charged for the subsequent period. No refunds or credits will be provided for partial usage periods or unused services.
3.7. No Refunds or Credits Policy:
CRM MVMNT INC. maintains a strict no-refund policy. Once subscription fees or any other charges related to the use of the Platform have been processed, CRM MVMNT INC. does not offer refunds or credits for partial subscription periods, unused services, or downgraded plans. This policy applies to all users without exception, ensuring fairness and consistency in the treatment of all subscription transactions. Users are encouraged to evaluate their needs carefully before purchasing or renewing a subscription.
3.8. Price Adjustments:
CRM MVMNT INC. may, from time to time, adjust the pricing for its services to reflect changes in market conditions, service costs, or for other reasons deemed necessary by CRM MVMNT INC. Users will be notified of any pricing changes with adequate notice to make informed decisions regarding their subscriptions.
3.9. Tax Responsibility:
All fees are exclusive of taxes, levies, or duties imposed by taxing authorities. Users are responsible for payment of all such taxes, levies, or duties, excluding only Canada (federal or provincial) taxes based solely on CRM MVMNT INC.'s income.
3.10. Financial Disputes:
Users must notify CRM MVMNT INC. within a specified period, typically 60 days, of any billing disputes or discrepancies. Failure to timely dispute charges will result in the waiver of any claim relating to the disputed charge.
3.11. Compliance:
Users agree to comply with all applicable laws and regulations in their use of the Platform, including those related to financial transactions. CRM MVMNT INC. reserves the right to request documentation to verify compliance with these terms.
3.12 Retention of Payment History:
Following the cancellation or termination of a subscription or account, CRM MVMNT INC. reserves the right to retain a record of the payment history associated with the account for a period of 36 months. This retention policy supports CRM MVMNT INC.'s commitment to maintaining accurate financial records and facilitates the resolution of any future disputes or inquiries regarding past transactions. The stored payment history will be managed in accordance with CRM MVMNT INC.'s Privacy Policy and applicable legal and regulatory requirements, ensuring the continued protection of your financial data.
3.13 Usage Credits and Expiration:
Our service includes a feature of monthly usage credits, enhancing the flexibility and value we offer to our valued users. Each account receives an allocation of usage credits on the first day of every month. It's crucial for users to utilize these credits within the month they are issued because they expire at the end of each month. There is no annual rollover or expiration policy, as credits do not carry over to the next month.This policy ensures that our services are used efficiently within the designated period, fostering a proactive approach to credit usage and maximizing the benefits available to you within each month. We encourage users to plan their usage accordingly to take full advantage of the resources provided.
4. Affiliate Program Guidelines
4.1 Overview of the Affiliate Program:
CRM MVMNT INC. introduces an Affiliate Program designed to reward users for referring new business. Participants in the Affiliate Program can earn commissions based on successful referrals that result in new, qualifying subscriptions to the Platform.
4.2 Participation Criteria: Enrollment in the Affiliate Program is subject to approval by the CRM MVMNT INC. Participants must agree to and comply with the terms of the Affiliate Agreement, which outlines the operational framework, commission structure, and responsibilities of both CRM MVMNT INC. and the affiliates.
4.3 Commission Structure: Detailed information on commission rates, payment schedules, and qualifying criteria for referrals will be provided upon acceptance into the Affiliate Program. CRM MVMNT INC. reserves the right to modify commission structures at its discretion, with advance notice to participants.
4.4 Affiliate Obligations: Affiliates are expected to promote the Platform in a manner that is ethical and in compliance with all applicable laws and regulations. Misrepresentation of the CRM MVMNT INC's. services, spamming, and engaging in or promoting fraudulent activities are strictly prohibited.
4.5 Payment Procedures: Commissions earned through the Affiliate Program will be paid out according to the schedule and method specified in the Affiliate Agreement. Affiliates are responsible for providing accurate payment information and for any taxes associated with received commissions.
4.6 Program Termination: CRM MVMNT INC. reserves the right to terminate an affiliate's participation in the Affiliate Program for any breach of the Affiliate Agreement or these Terms. Upon termination, any unpaid commissions will be forfeited.
5. Intellectual Property Rights and User Content
5.1 Ownership and Rights:
All intellectual property rights in the Platform, including but not limited to its software, design, text, images, and video content, are owned by the Platform or its licensors. Users are granted a non-exclusive, revocable license to access and use the Platform for its intended purpose in accordance with these Terms.
5.2 User Contributions:
Users may have the opportunity to submit, post, or display content such as feedback, reviews, or other materials ("User Contributions") on the Platform. By providing User Contributions, users grant the CRM MVMNT INC. a perpetual, worldwide, royalty-free license to use, reproduce, modify, distribute, and display the content in connection with the CRM MVMNT INC's. services.
5.3 Prohibited Content:
User Contributions must not contain material that is illegal, offensive, infringing on any intellectual property rights, or otherwise harmful to others. CRM MVMNT INC. reserves the right to remove any User Contributions that violate these Terms or any applicable laws.
5.4 Feedback and Suggestions:
Any feedback, suggestions, or ideas submitted by users regarding the CRM MVMNT INC’s. services ("Feedback") will be considered non-confidential and non-proprietary. CRM MVMNT INC. is free to use such Feedback on an unrestricted basis without any obligation to the user.
5.5 Responsibility for User Contributions:
Users are solely responsible for their User Contributions and the consequences of posting them on the Platform. The CRM MVMNT INC. disclaims any liability related to User Contributions and their compliance with applicable laws.
5.6 Protection of Intellectual Property:
CRM MVMNT INC. is committed to respecting the intellectual property rights of others and expects its users to do the same. Users must ensure that their User Contributions do not infringe upon the copyrights, trademarks, patents, or other intellectual property rights of third parties. Should any infringement occur, CRM MVMNT INC. reserves the right to remove the infringing material and take further action, including termination of the user's account, to protect these rights.
5.7 Notification of Infringement:
If you believe that your intellectual property rights have been violated in any manner through the Platform, please notify us by providing a detailed account of the alleged infringement. This notification should include evidence of ownership of the intellectual property rights in question and a detailed description of the infringement. Upon receiving a valid infringement notice, CRM MVMNT INC. will promptly investigate the matter and take appropriate steps to remove or disable access to the infringing material.
6. Disclaimer of Warranties
6.1. Service Provision "As Is":
The services and functionalities provided by the Platform are available on an "as is" and "as available" basis. CRM MVMNT INC. expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. No advice or information, whether oral or written, obtained by you from CRM MVMNT INC. or through the Platform, will create any warranty not expressly stated herein.
6.2. No Endorsement of Content:
CRM MVMNT INC. does not endorse, guarantee, or assume responsibility for the accuracy, efficacy, or veracity of any information, content, or services posted on or offered through the Platform. Furthermore, CRM MVMNT INC. is not responsible for the quality of products, services, information, or other materials purchased or obtained by you through the Platform.
6.3. Limitations on Information and Services:
CRM MVMNT INC. makes no warranty that the service will meet your requirements, that the service will be uninterrupted, timely, secure, or error-free, or that the results obtained from the use of the service will be accurate or reliable.
7. Limitation of Liability
7.1. Cap on Liability:
To the fullest extent permitted by applicable law, CRM MVMNT INC. shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Platform; (ii) any conduct or content of any third party on the Platform; (iii) any content obtained from the Platform; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not CRM MVMNT INC. has been informed of the possibility of such damage.
7.2. Use at Your Own Risk:
You expressly agree that the use of the Platform is at your sole risk. The risk of harm or damage from such use rests entirely with you.
7.3. Jurisdictional Limitations:
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. In such cases, CRM MVMNT INC.'s liability will be limited to the greatest extent permitted by law.
8. Limitation On Time To File Claims
8.1. Claim Filing Deadline:
You agree that any cause of action or claim you may have arising out of or relating to these Terms or the Platform must be commenced within three (3) months after the cause of action accrues, otherwise, such cause of action or claim is permanently barred. This ensures all disputes are addressed in a timely manner.
9. Equitable Remedies
You acknowledge that any violation of these Terms might cause damages to CRM MVMNT INC. that are not adequately compensated through financial means alone. Consequently, CRM MVMNT INC. shall have the right to seek injunctive relief or other equitable remedies in such circumstances, in addition to any legal remedies available, without the necessity of posting a bond or other security.
10. Waiver and Severability
The failure of CRM MVMNT INC. to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. Should any provision of these Terms be deemed invalid, unlawful, or unenforceable by a court, the remaining provisions of these Terms shall continue in effect. Such invalid, unlawful, or unenforceable provision shall be adjusted to the minimal extent necessary so that the rest of the Terms remain in full force and effect.
11. Transition of Rights
CRM MVMNT INC. reserves the right to transfer or assign its rights and obligations under these Terms at any moment, without prior notification to you. Conversely, your rights under these Terms are personal to you and may not be transferred or assigned without the express written consent of CRM MVMNT INC., which may be withheld at its sole discretion.
12. Comprehensive Agreement
These Terms represent the complete and exclusive understanding between you and CRM MVMNT INC. regarding your use of the Platform, superseding all prior agreements, discussions, representations, and warranties, both written and oral, concerning the Platform. Any amendments or additions to these Terms must be in writing and signed by authorized representatives of CRM MVMNT INC. In the event CRM MVMNT INC. enters into a separate agreement with you, the terms of that agreement will form part of the overall agreement between you and CRM MVMNT INC. In case of any conflict between these Terms and the separate agreement, the terms of the separate agreement will prevail.
13. Duration and Discontinuation
The validity of these Terms extends throughout the period your account with the Platform is active. Certain provisions set forth in these Terms are designed to remain effective and enforceable even after your account ceases to exist or you discontinue using the Platform.
a. Reasons for Account Deactivation:
CRM MVMNT INC. retains the sole right to pause or fully terminate your access to the Platform, or any part thereof, at its discretion for any reason, potentially without prior notification. This discretion extends to cases suspected of fraud, misuse, or illegal activities, potentially leading to restricted access or legal reporting. Accounts showing no activity over a period of one year may also be subject to deletion.
b. Service Access Post-Termination:
Termination of your account, for any cause, results in an immediate revocation of your rights to use the Platform. CRM MVMNT INC. is not accountable for any perceived losses or damages arising from the termination or suspension of your account, nor for other measures taken in relation to your access to the Platform.
c.Account Termination Procedure:
Should you wish to terminate your account or adjust your service settings, CRM MVMNT INC. mandates a written notification to be provided at least before the commencement of your next billing cycle.
d.Limitations on Account Termination by External Users:
CRM MVMNT INC. has limited oversight over accounts not directly established through its services. Therefore, users who have been granted access via third-party arrangements must seek out the original account creator for all matters concerning service termination or adjustments.
e.Exemption for Unforeseeable Circumstances:
CRM MVMNT INC. and its obligations under these Terms are subject to suspension in instances of unforeseen events beyond reasonable control. This includes, but is not limited to, labor disputes, conflicts, fires, incidents, adverse weather conditions, transportation challenges, governmental interventions, or any other circumstances mirroring such unpredictability, absolving CRM MVMNT INC. from liability for service delays or failures under these conditions.
14. Legal Compliance, Arbitration, and Waiver of Collective Proceedings
14.1 Legal Governance:
The legal interpretation, application, and any disputes or issues emerging from your interaction with the Platform will be regulated by the laws of the state or country where CRM MVMNT INC. is legally established, disregarding any conflict of law principles.
14.2 Mandatory Arbitration:
Should any disputes arise between you and CRM MVMNT INC., excluding matters eligible for small claims court or those seeking equitable remedies for intellectual property infringement, both parties relinquish the right to seek a jury trial or court resolution. Instead, such disputes will be settled exclusively through binding arbitration by an impartial arbitrator, as per the rules of the American Arbitration Association's Consumer Arbitration Rules.
14.3 Prohibition of Group Litigation:
It is mutually agreed that any arbitration will occur on an individual basis, renouncing any right to initiate or participate in any form of class or collective action against CRM MVMNT INC. Both parties concur that claims can only be brought individually, not as part of any collective or representative action.
15. Service Adaptations and Financial Adjustments
15.1 Modification Rights:
CRM MVMNT INC. maintains the authority to alter, pause, or cease the Platform or any component thereof without prior notification. No responsibility will be assumed by CRM MVMNT INC. for any adjustments, pricing modifications, suspension, or discontinuation of the Platform.
15.2 Notification of Pricing Alterations:
The cost structure for all services offered by the Platform, including but not limited to monthly subscription fees, may be revised with a minimum of 30 days' notice. Such announcements may be made through updates on the Platform or directly within the service interface.
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