Terms of Service

These Terms of Service ("Terms") govern your access to and use of Marketing Simplified CRM (the "Service"), operated by Marketing Simplified ("we," "us," or "our"). By creating an account or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

1. The Service

Marketing Simplified CRM is a customer-relationship-management platform that provides contact management, pipelines, a unified SMS and email inbox, booking calendars, marketing automations, and related tools. Features may change, be added, or be removed over time.

2. Accounts & Eligibility

You must be at least 18 years old and able to form a binding contract. You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. Notify us promptly of any unauthorized use.

3. Subscriptions, Billing & Refunds

• Paid plans are billed on a recurring monthly basis through our payment provider, Whop. Your subscription renews automatically until cancelled.
• You can cancel anytime from your Whop account; cancellation stops future charges and takes effect at the end of your current billing period.
• Except where required by law, payments are non-refundable. Fees may change on notice; the new price applies to your next billing cycle.
• If a payment fails, we may suspend or limit access until the balance is resolved. Your data is retained during any grace period.

4. Acceptable Use

You agree not to use the Service to:

• Violate any law, regulation, or third-party right;
• Send spam, unsolicited, deceptive, or unlawful communications;
• Upload malicious code or attempt to disrupt or gain unauthorized access to the Service;
• Resell or provide the Service to third parties except as expressly permitted;
• Reverse-engineer, scrape, or misuse the Service or the data of other customers or their contacts.

5. Messaging, Calling & Consent Compliance

The Service lets you send SMS, email, and place calls. You are solely responsible for obtaining all legally required consent from the people you contact and for complying with all applicable laws — including the Telephone Consumer Protection Act (TCPA), CAN-SPAM, Do-Not-Call rules, carrier requirements (e.g., 10DLC registration), and any state or international equivalents. You must honor opt-out requests promptly. We may suspend accounts that generate spam complaints or violate carrier or provider policies.

6. Your Data & Content

You retain ownership of the contacts, messages, and other content you put into the Service ("Your Content"). You grant us a limited license to host, process, and transmit Your Content solely to operate and improve the Service. You represent that you have the rights and permissions necessary for us to do so.

7. Third-Party Services

The Service integrates with third parties such as Twilio (voice/SMS), SendGrid (email), Google and Microsoft (calendar), Whop (payments), and others. Your use of those integrations is subject to their terms, and we are not responsible for their acts, omissions, or availability.

8. Intellectual Property

The Service, including its software, design, and branding, is owned by us and protected by law. These Terms grant you a limited, non-exclusive, non-transferable right to use the Service; no other rights are granted.

9. Disclaimers

The Service is provided "as is" and "as available," without warranties of any kind, whether express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or secure.

10. Limitation of Liability

To the maximum extent permitted by law, we will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or goodwill. Our total liability for any claim arising out of or relating to the Service is limited to the amount you paid us in the twelve (12) months before the event giving rise to the claim.

11. Indemnification

You agree to indemnify and hold us harmless from any claims, damages, or expenses arising from your use of the Service, Your Content, your communications with your contacts, or your violation of these Terms or applicable law.

12. Termination

You may stop using the Service at any time. We may suspend or terminate your access if you breach these Terms or use the Service in a way that creates risk or legal exposure. On termination, your right to use the Service ends; sections that by their nature should survive will survive.

13. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will take reasonable steps to notify you. Continued use after changes take effect constitutes acceptance.

14. Governing Law

These Terms are governed by the laws of the United States and the state in which we operate, without regard to conflict-of-laws rules. Disputes will be resolved in the courts of that jurisdiction.

15. Contact

Questions about these Terms? Contact us at team@marketingsimplifiedcrm.io.