TERM AND CONDITIONS

Updated May 30, 2020

OVERVIEW

This website is operated by BoostCRM, Inc. Throughout the site, the terms “BoostCRM”, “we”, “us” and “our” refer to BoostCRM, Inc. BoostCRM, Inc offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site, using the Service, using any of our products and services, participating in an electronic conversation facilitated by our products and services, and/ or purchasing something from us, you engage in the “Service” and agree to be bound by the following terms and conditions (“Terms of Service” or “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Service, including without limitation users who are browsers, vendors, customers, merchants, consumers, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using the Service. By accessing or using any part of the Service, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Service following the posting of any changes constitutes acceptance of those changes.

SECTION 1 - WEBSITE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our Service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws, and laws governing communications and marketing, including but not limited to the Telephone Consumer Protection Act, 47 U.S.C. 227).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express wrote permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

The Service is available only to individuals who are at least 18 years old.

SECTION 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - USE PRODUCTS OR SERVICES.

Products or Services are available exclusively online through the website. These products or services may have limited quantities and are subject to refunds only according to our Refund Policy.

We reserve the right but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

SECTION 7 - PAYMENT

Our charges for monthly plans are posted on our website and may be changed from time to time. If any part of a month is included in the Term, then payment is due for the full month. Payments are due for any month on the same or closest date to the day you made your first monthly payment (the “Pay Date”). If you go over your sending limit and reach another pricing level, then you’ll have to pay at the higher level on or before the next pay date. If the Term ends before that payment is due, you’ll still be required to make one payment at the higher level

SECTION 8 - COMPLIANCE WITH LAWS

You represent and warrant that your use of any part of the Service will comply with all applicable laws and regulations. You are responsible for determining whether our Services are suitable for you to use in light of any applicable regulations such as EU Data Privacy Laws or other laws. If you’re subject to regulations (such as HIPAA) and you use our Service, then we won’t be liable if our Service doesn’t meet those requirements. You may not use our Service for any unlawful or discriminatory activities, including acts prohibited by the Federal Trade Commission Act, Fair Credit Reporting Act, Equal Credit Opportunity Act, or other laws that apply to commerce. You are also responsible to notify the end-user of data collection in connection with the Software, as required by applicable law.

You represent and warrant that you shall be solely responsible for obtaining end-user consent for text messaging in full compliance with all applicable laws, rules, and regulations, including, without limitation, the Telephone Consumer Protection Act, 47 U.S.C. 227 and its implementing regulations, 47 C.F.R. 64.1200. You further represent and warrant that you shall not use the service to communicate with consumers who have requested that you cease contacting them.”

If you are located in the European Economic Area (EEA) or serve end-users in the EEA market, you represent and warrant that in using the Software, you:

Will get consent or use any other available, legally-valid mechanism to transfer data to BoostCRM and be processed, and you’ll otherwise comply with your posted privacy policy.
Have collected, stored, used, and transferred all data relating to any individual in compliance with all applicable data protection laws and regulations. You have the necessary permission to allow BoostCRM to receive and process data on your behalf.
Acknowledge in all cases that BoostCRM acts as the processor of such Customer Data and your remain the controller of such Customer Data for all applicable data protection or privacy laws and regulations.
You agree not to use the Service to collect, manage or process sensitive information. We will not have any liability that may result from your use of the Service to collect or manage sensitive information.
Аgree to indemnify and hold BoostCRM and its officers and directors harmless from any claims, demands, and losses, including attorney's fees, arising out of your breach of any part of the representations and warranties in this Section 8.

SECTION 9 - OPTIONAL THIRD-PARTIES & TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the Service is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

Certain content, products, and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 10 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content, or the Service:

For any unlawful purpose.
To solicit others to perform or participate in any unlawful acts.
To violate any international, federal, provincial or state regulations, rules, laws, or local ordinances.
To infringe upon or violate our intellectual property rights or the intellectual property rights of others.
To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability
To submit false or misleading information;
To upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet
To collect or track the personal information of others;
To spam, phish, pharm, pretext, spider, crawl, or scrape;
For any obscene or immoral purpose;
To interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. Or in any way which violates the Facebook, Zalo, Instagram platform policies found here.

We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 11 - COMMUNICATION BY TEXT MESSAGE OR EMAIL

If you would like to communicate with your users via text message or email you hereby agree to the following Compliance and Indemnity Terms (“CIT”). You are required to use the Service in full compliance with all applicable laws and regulations, including without limitation, all state, provincial and federal laws specifically including but not limited to the Telephone Consumer Protection Act of the United States, as amended (“TCPA”); the Personal Information Protection and Electronic Documents Act of Canada (“PIPEDA”), and any substantially similar provincial privacy laws; and Canada’s Anti-Spam Law, (“CASL”), all as may be amended (the TCPA, PIPEDA, and CASL are collectively referred to as the “Electronic Messaging Laws”). By making any use of the Services, you expressly warrant that you are and shall continue to act in full compliance with the law.

You agree that you have read and understood the Electronic Messaging Laws and any similar state or provincial/territorial laws, and all other applicable laws and regulations. You understand that in some cases, applicable state and local restrictions are more restrictive than the federal rules. You should review these rules with your own legal counsel to ensure that you understand and comply. BoostCRM will not assume responsibility for ensuring that your activities meet applicable legal requirements. BoostCRM will not assume any liability if you are ever held guilty or found liable for any violation of law, rule, or regulation. Notwithstanding the foregoing, you acknowledge that BoostCRM has and is taking active steps to help support the compliance of its customers, including by having you agree to these Terms.

You understand and acknowledge that it is generally a violation of federal law, including the TCPA, to contact a consumer by phone, text or email without prior express written consent. BoostCRM is not responsible for ensuring that you do not transmit messages to consumers, including by telephone or email in violation of the consent rules.

You understand and acknowledge that it is generally a violation of the federal law of Canada, including CASL, to contact a consumer by text message, phone, electronic messaging, or email without prior express wrote consent. You will not contact any individual through the Services or about the Services unless you have established consent to do so in accordance with the applicable law. You will provide proof of such consents or opt-ins, the messages you have sent, and your implementation of unsubscribe requests to us on our request. You will include all content required under the applicable laws in your messages, including your name, mailing address, an email, telephone or web address, and an ability to unsubscribe. You will not send any messages to any individual using the Services if the individual has opted out or withdrawn their consent, including if they have replied “STOP”, or similar, to one of your previous messages. You and not BoostCRM are solely responsible for the content of your messages, and its compliance with all applicable law. You acknowledge and agree that BoostCRM acts solely as a service provider to allow the sending of your messages, but that you exercise control over the message content and destination, and must ensure your messages comply with all applicable laws.

BoostCRM is not responsible for ensuring that you do not transmit messages to consumers, including by text message, telephone or email in violation of the consent rules.

You agree to indemnify, defend and hold harmless BoostCRM, along with its owners, members, directors, officers, agents, employees, contractors, consultants and vendors from and against any and all claims, suits, fines, costs, expenses, judgments and fees, including reasonable attorney’s fees, court costs and expenses, arising out of a claim alleging any violation by you of the law, or alleging facts that would constitute a breach of your warranties or obligations contained in these Terms, including this CIT. You will promptly indemnify, defend or settle, any such third-party claim, demand, lawsuit, investigation or proceeding brought against BoostCRM. BoostCRM will: (i) promptly notify you of such claim, (ii) provide you with reasonable information, assistance and cooperation in defending the lawsuit or proceeding, and (iii) give you control and authority over the defense and settlement of such claim, subject to BoostCRM’s approval of any such settlement, which approval will not be unreasonably withheld.

SECTION 12 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at support@boostcrm.io