Terms of Service

By creating an account, accepting an invitation, starting a trial, subscribing to a plan or otherwise using the Services, you represent that you have read and agree to these Terms and to the Privacy Policy. If you use the Services on behalf of a company, agency or other organization, you represent that you have authority to bind that entity to these Terms. In that case, "Customer" or "organization" means that entity.

If there is a signed commercial proposal, order form, contract or amendment between the Customer and CRMDAY One, that specific document will prevail in the event of a conflict with these Terms.

The Services are intended for businesses, organizations and professionals with legal capacity to enter into contracts. Users must provide accurate information, keep their data up to date and protect their credentials.

Each account is personal and may not be shared. The Customer is responsible for administering users, licenses, roles, permissions, integrations and authorized devices within its organization, and for promptly removing access that is no longer needed.

Users must immediately report any suspected unauthorized access, compromised credentials or account-related incident.

CRMDAY One offers features that may include CRM, omnichannel service, contacts, deals, tasks, meetings, calendar, documents, forms, policies, automations, campaigns, reports, telephony, messaging, email, integrations, APIs and artificial intelligence. Available features depend on the plan, product profile, licenses, add-ons, region, configuration and release stage.

We may improve, replace or discontinue features, provided that we do not materially reduce, without reasonable notice, the core functionality of a paid plan during the contracted period, except where the change is required by law, security, a third-party requirement or an event outside our control.

Trial periods may have a specific duration, limits and features. At the end of the trial, access may be suspended or converted to a paid plan according to the conditions presented at signup.

Paid plans are billed according to the billing cycle, number of licensed users, additional features, taxes and other conditions shown at checkout. Unless stated otherwise, prices do not include taxes that the Customer is required to collect or pay.

The Customer authorizes charges to the chosen payment method. Failure to pay, including late payment, billing failure, chargeback or an expired payment method, may result in full or partial interruption of the Services until all outstanding amounts are settled. Where reasonable and permitted by applicable law, we will notify the Customer before interrupting the Services. Interruption for non-payment does not cancel or reduce amounts owed and does not prevent us from collecting amounts that remain due under the subscription.

Renewals, cancellations, refunds and plan changes follow the conditions presented at signup and applicable law. Amounts corresponding to periods already used are generally non-refundable, except where required by law or expressly agreed.

The Customer is responsible for maintaining a sufficient number of licenses for its active users and for not using shared identities to circumvent contracted limits.

The Customer and its users are responsible for:

• using the Services lawfully and in accordance with these Terms;
• ensuring they have the legal basis, authorizations, notices and consents needed to collect, enter, import, record, communicate and process personal data;
• correctly configuring permissions, automations, campaigns, integrations and recipients;
• reviewing messages, documents, calculations, reports, suggestions and actions before relying on them;
• keeping copies or exports of data when necessary for their business, regulatory or continuity obligations;
• complying with privacy, consumer protection, intellectual property, telecommunications, advertising, call-recording, anti-spam and insurance-industry laws, as applicable;
• obtaining valid consent for email, SMS, calls, WhatsApp and other communications where required;
• ensuring the accuracy of the data and instructions provided to the Services.

You may not use the Services to:

• violate laws, third-party rights or regulatory obligations;
• send spam, misleading, abusive or unauthorized messages;
• engage in fraud, impersonation, harassment, discrimination or unlawful activity;
• introduce malware, exploit vulnerabilities or compromise the security or availability of the Services;
• access data, accounts or organizations without authorization;
• circumvent technical, commercial, security, licensing or access controls;
• reverse engineer, copy or improperly exploit protected components, except where the law does not permit this restriction;
• use data obtained through integrations for surveillance, improper advertising, data resale or a purpose incompatible with the authorization granted;
• train, build or improve a competing product using unauthorized access to the Services or systematic extraction of their elements;
• use the Services in a way that harms third parties, the infrastructure or CRMDAY One's reputation.

We may investigate violations, restrict functionality, remove clearly unlawful content or suspend access when necessary to protect users, third parties or the Services.

"Customer Data" means information, files, messages, documents and other content submitted, imported, synced or generated by the Customer and its users within the Services.

The Customer retains the rights it holds over Customer Data. The Customer grants CRMDAY One a limited authorization to host, reproduce, transmit, process, transform and display that data solely to the extent necessary to provide, protect, maintain and improve the contracted features, follow the Customer's instructions and comply with legal obligations.

The Customer represents that it holds the rights and authorizations necessary over Customer Data and that its processing through the Services does not violate third-party rights.

CRMDAY One will process Customer Data in accordance with the Privacy Policy, the organization's settings and the applicable contract. When acting as a processor or service provider, we will follow the Customer's documented instructions, except where otherwise required by law.

The Customer or a user may authorize third-party integrations. By connecting a Google Account, the user authorizes CRMDAY One, through OAuth, to access data and perform actions corresponding to the permissions shown on the consent screen, including syncing, reading, organizing, drafting, replying to and sending emails when the Gmail feature is enabled.

Use of information received from Google APIs will comply with the Google API Services User Data Policy, including the Limited Use requirements: https://developers.google.com/terms/api-services-user-data-policy

Users can disconnect the integration within CRMDAY One and revoke access at: https://myaccount.google.com/permissions

Third-party integrations are subject to the terms, policies, availability and decisions of those providers. We do not control changes, interruptions, restrictions or terminations imposed by third parties. We may adapt or discontinue an integration when necessary to meet technical, contractual or legal requirements.

Artificial intelligence and automation features support human activities but may produce content that is incomplete, incorrect, outdated or unsuitable. The Customer is responsible for configuring limits, reviewing outputs and maintaining human oversight appropriate to the risk of the activity.

CRMDAY One does not provide legal, tax, medical, financial or insurance advice, does not act as a broker or insurer, and does not guarantee eligibility, coverage, premium, subsidy, commission or business outcome. Regulated decisions and customer communications must be verified by qualified professionals and applicable official sources.

The Customer must not rely solely on automated decisions where the law requires human review, explanation, consent or a right to contest the decision.

Delivery of email, SMS, WhatsApp, calls and other communications depends on third-party networks and providers. We do not guarantee delivery, timing, number availability, anti-spam classification or template approval.

The Customer is responsible for the content, recipients, frequency, timing, consents and opt-outs of its communications. Fees from providers, carriers, numbers, messages, calls, storage or usage may be charged separately where indicated.

The Services, software, interfaces, trademarks, visual identity, documentation, templates, structure, features and content provided by CRMDAY One are protected by intellectual property laws and belong to CRMDAY One or its licensors.

During the term of the subscription, we grant the Customer a limited, non-exclusive, non-transferable and revocable license to use the Services internally, according to the contracted plan and these Terms.

Feedback and suggestions may be used to improve the Services without payment obligation, provided this does not disclose Customer Data or confidential information in violation of the contract.

Each party must protect confidential information received from the other party and use it only to perform the contractual relationship. This obligation does not apply to information that becomes public without violating these Terms, was already lawfully known, was received from an authorized third party, or was independently developed.

Disclosure may occur when required by law or a competent authority, preferably with prior notice to the other party where legally permitted.

We adopt reasonable technical and organizational measures to protect the Services and Customer Data. The Customer acknowledges that no system is completely immune to failure and that it also has security responsibilities, including control over users, devices, credentials, permissions, integrations and imported content.

The Customer must promptly notify CRMDAY One of a suspected incident and cooperate with reasonable containment and investigation measures.

We work to keep the Services available and secure, but we do not guarantee uninterrupted or error-free operation. Maintenance, updates, third-party outages, network events, incidents and force majeure situations may occur.

Specific service levels, support, recovery or continuity commitments apply only when expressly set out in the Customer's plan or contract.

We may suspend access in whole or in part where there is:

• a security, fraud or unauthorized-use risk;
• a violation of these Terms or the law;
• material non-payment;
• use that threatens the stability of the Services or third parties;
• a requirement from an authority or an essential provider;
• an urgent need to contain an incident.

Where reasonable and permitted, we will notify the Customer and provide an opportunity to remedy the issue. In urgent situations, suspension may be immediate.

These Terms remain in effect for as long as there is active access or a subscription. The Customer may cancel according to the flow and conditions of the contracted plan.

CRMDAY One may terminate the relationship for an uncured material breach after reasonable notice, serious risk, unlawful activity, impossibility of continuing the service, or other grounds set out in the contract or by law.

After termination, access may be deactivated. The Customer must request or perform exports before termination where that feature is available. Data will be deleted or anonymized in accordance with the Privacy Policy, the contract and applicable legal obligations. Information necessary for billing, audits, security, fraud prevention and the defense of rights may be retained.

The Services are provided as contracted and on an as-available basis. To the maximum extent permitted by law, we do not warrant that the Services will meet every particular need, produce specific business results, or be free of interruptions, delays, third-party failures or errors.

Nothing in these Terms excludes warranties or rights that cannot be waived under applicable law.

To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, punitive damages, or loss of profits, revenue, opportunities, reputation or data that could have been avoided through adequate backups, except where such exclusion is prohibited by law.

Except for willful misconduct, fraud, breach of confidentiality, infringement of intellectual property, payment obligations, or liability that cannot be limited by law, CRMDAY One's total liability relating to the Services will be limited to the amount actually paid by the Customer to CRMDAY One in the 12 months preceding the event giving rise to the claim.

To the extent permitted by law, the Customer will defend and indemnify CRMDAY One against third-party claims arising from Customer Data, communications sent, legal violations, unauthorized use, lack of consent, or breach of these Terms by the Customer or its users.

CRMDAY One will notify the Customer of the claim and allow it to participate in the defense, without prejudice to CRMDAY One's right to take measures necessary to protect its interests.

We may update these Terms to reflect legal, technical, commercial or operational changes. The current version will show the date of the last update. Material changes will be communicated through reasonable means and will take effect on the stated date, subject to applicable legal and contractual rights.

The parties will seek to resolve disputes in good faith through direct contact. The applicable law and competent forum will be those set out in the Customer's proposal, order form or contract. In the absence of a specific document, the mandatory rules of the competent jurisdiction and any rights that cannot be waived by the user or consumer will apply.

If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in effect. Failure to exercise a right does not constitute a waiver. The Customer may not assign the subscription without prior consent, except in a corporate reorganization that does not reduce the contracted guarantees. CRMDAY One may assign the relationship in a corporate transaction or reorganization, while preserving the Customer's applicable rights.

These Terms, the Privacy Policy and applicable order documents constitute the entire agreement between the parties regarding the Services.

Questions about these Terms may be sent to:

CRMDAY One
Email: info@crmday.net
Website: https://crmday.net/one