PLEASE READ THESE TERMS OF SERVICE CAREFULLY. ONCE ACCEPTED, THESE TERMS OF SERVICE, IN COMBINATION WITH OUR PRIVACY POLICY, DATA PROCESSING AGREEMENT, AND AFFILIATE AGREEMENT (COLLECTIVELY THE “TERMS”), BECOME A BINDING LEGAL COMMITMENT BETWEEN YOU (OR THE BUSINESS ENTITY THAT YOU REPRESENT) AND CRM DADDY, INC AND ITS RESPECTIVE OFFICERS, DIRECTORS, SUCCESSORS AND ASSIGNS (HEREINAFTER REFERRED TO AS “CRM DADDY,” “WE” OR “US”) AND WILL GOVERN YOUR ACCESS TO AND USE OF THE PLATFORM AND ALL OTHER INTERACTIONS WITH CRM DADDY RELATED TO THE PLATFORM.

ONLY THE TERMS IN THIS RIGHT COLUMN ARE LEGALLY BINDING. THE EXPLANATIONS IN THE COLUMN TO THE LEFT ARE FOR INFORMATIONAL PURPOSES ONLY AND NON-BINDING.

IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT ACCEPT THEM, CREATE AN ACCOUNT, OR USE THE PLATFORM. IN THE EVENT OF A CONFLICT BETWEEN THESE TERMS OF SERVICE AND THE ADDITIONAL AGREEMENTS INCORPORATED HEREIN BY REFERENCE, THESE TERMS OF SERVICE SHALL PREVAIL.

CRM Daddy reserves the right to make changes to these Terms at any time. All changes are effective immediately when posted. Your continued use of the Platform following the posting of any revised Terms constitutes your acceptance and agreement to the updated Terms.

You should consult a lawyer for legal advice to ensure your use of the Platform complies with these Terms and applicable law.

Use of Platform

1.1. Age Restrictions. You must be at least 18 years old to use the Platform. By accepting these Terms, creating a Platform Account, or using the Platform, you represent that you are at least 18 years old. You must not create a Customer account unless you are at least 18 years of age. If you are a parent or legal guardian permitting a person who is at least 13 years of age but under 18 years of age (a “Minor”) to create a Customer account and/or use the Platform, you agree to: (i) supervise the Minor’s use of the Platform and their account; (ii) assume all risks associated with, and liabilities resulting from, the Minor’s use of the Platform and their Customer account; (iii) ensure that the content on the Platform is suitable for the Minor; (iv) ensure all information submitted to us by the Minor is accurate; and (v) provide the consents, representations, and warranties contained in the Terms on the Minor’s behalf.

1.2. Platform Account Ownership. Your use of the Platform is conditioned on your provision of complete, current, and accurate information when registering for a Platform Account. The Platform is intended for business use or in connection with an individual’s trade, craft, or profession. As the individual who accepts these Terms, You are the owner of the Platform Account unless You are acting on behalf of a business entity, in which case, the business entity is the owner of the Platform Account. If You accept these Terms on behalf of a business entity, You represent and warrant that you have the authority to bind the business entity to these terms.

1.3. Intended Use. You and your customers may use the Platform only as intended for lawful purposes and in accordance with these Terms. You agree that You and Your customers will not use the Platform in any way that violates any applicable law or regulation or engage in any Prohibited Uses. In addition, you represent and warrant that: (i) You and Your customers will maintain in effect all licenses, permissions, authorizations, consents, and permits necessary to carry out the obligations under these Terms; (ii) You are fully responsible for your actions and the actions of your employees, agents, and customers who use the Platform; (iii) You are fully responsible for the use of the Platform by your customers; (iv) You, your employees, agents, and customers will not misrepresent the Platform or the Services; (v) You will provide these Terms to your employees, agents, and customers and confirm that all employees, agents, and customers understand that they are subject to these Terms if they use or offer access to the Platform; (vi) You own or control all rights in and to all content you provide to CRM Daddy, including, but not limited to, any code provided to customize the Platform for your customers; (vii) You will be solely responsible for your use of the Platform, including the quality and integrity of any data and other information, including Information, made available to us by or for you through the use of the Platform; and (viii) You, your employees, and your customers will provide reasonable cooperation regarding information requests from law enforcement, regulators, or telecommunication providers.

1.4. Privacy. By using the Platform and providing Information on or through the Platform, you consent to CRM Daddy’s use and disclosure of the Information in accordance with the Privacy Policy available here and incorporated herein by reference. You agree that CRM Daddy has no responsibility or liability for the deletion or failure to store any Information or content maintained or transmitted on or through the Platform. When you provide your customers with access to the Platform, you must implement and enforce your own Privacy Policy, providing the level of protection at least equal to that provided to you by CRM Daddy. You must obtain consent from your customers, affirmatively acknowledging that your customers agree to be bound by your privacy policy. You represent and warrant that you have provided, and will continue to provide, adequate notices and have obtained, and will continue to obtain, the necessary permissions and consents to provide your customers’ data to us for use and disclosure in accordance with these Terms and our Privacy Policy.

1.5. Login Credentials. You are responsible for maintaining the confidentiality of your Login Credentials. You are responsible for all uses of your Platform Account and Login Credentials, whether or not authorized by you. You agree to notify CRM Daddy immediately of any unauthorized access to or use of your Platform Account or Login Credentials or any other breach of security. CRM Daddy reserves the right to disable your Login Credentials at any time in its sole discretion for any or no reason, including if, in CRM Daddy’s opinion, you have violated any provision of these Terms. Platform Accounts are non-transferable. You are obligated to take preventative measures to prohibit unauthorized users from accessing your Platform Account with your Login Credentials.

1.6. Use of Communication Services. The Platform may include certain communications features such as SMS, MMS, email, voice call capabilities, and other methods. If You use these features, You agree that You are exclusively responsible for all communications sent using the Platform, including compliance with all laws governing those communications such as the Telephone Consumer Protection Act (“TCPA”) and the CAN-SPAM Act. You represent and warrant that you understand and will comply with those laws. CRM Daddy is not responsible for your compliance with laws and does not represent that your use of the Platform will comply with any laws. CRM Daddy is a technology platform communication service application provider ONLY. CRM Daddy does not originate, send, or deliver any communications to any recipient via SMS, MMS, email, or other communication method. You control the message, timing, sending, fraud prevention, and call blocking. All communications, whether SMS, MMS, email or otherwise, are created by and initiated by you and/or your customers, whether generated by You or sent automatically via the Platform at Your direction.

1.7. Third Party Services. The Platform may leverage or include access to Third Party Services. CRM Daddy is not responsible for the usability or accessibility of Third Party Services. If you elect to pause or delete some or all of your Platform Account, certain features or functionality (such as LeadConnector phone numbers or email services) may not be retrievable upon reactivation. If you pause some or all of your Platform Account for more than thirty (30) days, and CRM Daddy is still incurring costs on your behalf related to Third Party Services (such as the costs of securing a particular phone number on your behalf), CRM Daddy reserves the right to release the phone number or delete some or all of your Platform Account in its sole discretion, without liability. CRM Daddy disclaims all liability related to outages or downtime of Third Party Services.

1.8. Third Party Content. The Platform may include Third Party Content. Your use of Third Party Content is entirely at your own risk and discretion. All statements and opinions expressed in Third Party Content are solely the opinions and the responsibility of the third party and do not necessarily reflect the opinion of CRM Daddy. CRM Daddy is not responsible for Third Party Content and makes no endorsements, representations, or warranties and assumes no liability, obligation, or responsibility for Third Party Content. You are responsible for ensuring that your engagement or transactions with Third Party Content is in compliance with these Terms and any applicable laws.

1.9. Customizations. Portions of the Platform may be modified by you, incorporating your name, logo, trademark, and color scheme into your individual access area within the Platform. You are solely responsible for copyright, trademark or other intellectual property concerns connected with you and your customers’ customized look and feel of the Platform. You acknowledge that you may not be able to customize the Platform according to your unique branding to the extent that your customization would appear to be independently developed. CRM Daddy may remove any of your modifications at any time without advance notice and without liability to you.

1.10. Excessive Use Restrictions. We provide access to the Platform on a tiered-pricing basis, and some tiers can process more data with less impact on performance. We have no liability for the effect that your excessive data use may have on performance. If, in CRM Daddy’s sole discretion, we determine that your data use is excessive, abusive, or has a negative effect on the Platform in any way, we may (1) require that you upgrade your Services in order to continue your activity levels if your data use exceeds the intended use of your existing Platform tier or if CRM Daddy’s operational costs to support your Platform usage exceeds the subscription price; (2) suspend or terminate your use of the Platform or Services, and/or (3) reduce the amount of data you are able to use.

It’s important that you review and understand these terms before using our platform and services. If you don’t agree to these terms, don’t accept them, make a platform account, or use our platform or services. Only the terms on the right are legally binding.

The terms on the left are not legally binding; they are only provided for your convenience. If you have questions about what the terms on the right mean, you should talk to a lawyer.

We might update these terms from time to time. We’ll let you know when we do. If you keep using the platform after we update the terms, that means you agree to the updated terms. Always speak to a lawyer to make sure you understand and comply with these terms.

Note that there are terms included here that limit your rights, such as warranty disclaimers, limitations of liability, and a mandatory arbitration clause.

You have to be at least 18 years old to use our platform and services. The person who accepts these terms is the owner of the platform account.

If you accepted the terms on behalf of a business entity, the business entity is the owner of the platform account.

Our terms include various rules and guidelines that users must follow when using our platform. These rules are designed to ensure the safety and integrity of the platform for all users.

Please note that the terms on the right-hand side of the document are the ones that are legally enforceable. They contain the specific legal language that governs your use of the platform.

The left-hand side provides a simplified version of the terms to help you understand your obligations and rights. However, these simplified explanations are not legally binding.

If you have any questions or concerns about the legally binding terms, it is advisable to consult with a lawyer. They can provide clarity on any points that may be confusing or unclear.

We may revise these terms periodically to reflect changes in our services or legal requirements. We will notify you of any significant updates.

Continuing to use the platform after updates to the terms signifies your acceptance of the new terms. It’s important to stay informed about any changes.

Some terms in this document may limit your legal rights. This includes disclaimers of warranties and limitations of liability, which can affect your ability to claim damages.

We also have a mandatory arbitration clause, which means that certain disputes will need to be resolved through arbitration rather than in court.

By using our platform, you acknowledge that you understand and agree to these terms. Your compliance with these terms is necessary to maintain your access to the platform.

If you are under 18 years of age, you are not permitted to use our platform and services. Age verification may be required to ensure compliance.

Remember, the person who accepts these terms on behalf of an organization is representing that they have the authority to do so. This person is responsible for ensuring the organization complies with these terms.