Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Flex Tech Design ("Company", "we", "us", or "our") governing your access to and use of the 247 CRM platform, including our website, applications, WhatsApp integration, and related services (collectively, the "Service").

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.

2. Eligibility

You must be at least 16 years old to use the Service. By using the Service, you represent and warrant that you meet this age requirement and have the legal capacity to enter into these Terms. If you are using the Service on behalf of a company or organization, you represent that you have the authority to bind that entity to these Terms.

3. Account Registration

To access certain features of the Service, you must create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information.
• Maintain and promptly update your account information.
• Keep your password confidential and secure.
• Notify us immediately of any unauthorized access to your account.
• Accept responsibility for all activities that occur under your account.

We reserve the right to suspend or terminate accounts that violate these Terms or contain false or misleading information.

4. Service Description

247 CRM is a customer relationship management platform that allows you to:

• Manage companies, contacts, deals, tasks, and notes.
• Interact with your CRM data via WhatsApp using natural language.
• Receive AI-powered assistance for CRM operations.
• Collaborate with team members on sales activities.
• Track activities and maintain audit logs.

5. WhatsApp Integration Terms

By using the WhatsApp integration features, you agree to:

• Comply with WhatsApp's Terms of Service and Business Policy.
• Not use the WhatsApp integration for spam, harassment, or illegal activities.
• Only send messages to users who have consented to receive communications from your business.
• Respect WhatsApp's messaging limits and guidelines.
• Not attempt to circumvent WhatsApp's security measures.

We are not responsible for any issues arising from WhatsApp's services, including service interruptions, changes to their API, or account restrictions imposed by WhatsApp/Meta.

6. Acceptable Use Policy

You agree NOT to use the Service to:

• Violate any applicable law, regulation, or third-party rights.
• Send spam, unsolicited messages, or engage in phishing activities.
• Distribute malware, viruses, or other harmful code.
• Attempt to gain unauthorized access to our systems or other users' accounts.
• Interfere with or disrupt the Service or its infrastructure.
• Scrape, crawl, or use automated means to access the Service without permission.
• Reverse engineer, decompile, or disassemble any part of the Service.
• Store or transmit content that is illegal, harmful, defamatory, or infringing.
• Impersonate any person or entity or misrepresent your affiliation.
• Use the Service to compete with us or build a similar product.

7. Intellectual Property

7.1 Our Intellectual Property

The Service, including all content, features, and functionality (including but not limited to software, text, graphics, logos, and designs), is owned by Flex Tech Design and protected by intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the Service without our express written permission.

7.2 Your Content

You retain ownership of the data and content you input into the Service ("Your Content"). By using the Service, you grant us a limited license to use, process, and store Your Content solely to provide the Service to you. We will not sell or share Your Content with third parties except as described in our Privacy Policy.

8. Subscriptions and Payment

8.1 Fees

Certain features of the Service require a paid subscription. Fees are charged in advance on a monthly or annual basis. All fees are non-refundable except as required by law or as expressly stated in these Terms.

8.2 Billing

By subscribing to a paid plan, you authorize us to charge your payment method on a recurring basis. You are responsible for keeping your payment information current.

8.3 Cancellation

You may cancel your subscription at any time through your account settings. Cancellation will take effect at the end of your current billing period. You will continue to have access to paid features until the end of that period.

9. Service Availability

We strive to maintain high availability but cannot guarantee uninterrupted access to the Service. We may temporarily suspend the Service for:

• Scheduled maintenance (with reasonable advance notice when possible).
• Emergency repairs or security updates.
• Circumstances beyond our reasonable control.

10. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that the Service will be uninterrupted, error-free, or secure. We do not warrant the accuracy or completeness of AI-generated responses. You acknowledge that AI features are tools to assist you and should not be relied upon as a sole source of truth.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FLEX TECH DESIGN SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING UNDER THESE TERMS SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

12. Indemnification

You agree to indemnify, defend, and hold harmless Flex Tech Design and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising out of or related to your use of the Service, your violation of these Terms, or your violation of any rights of a third party.

13. Termination

We may suspend or terminate your access to the Service at any time, with or without cause, and with or without notice. Reasons for termination may include:

• Violation of these Terms.
• Non-payment of fees.
• Fraudulent or illegal activity.
• Requests by law enforcement.
• Extended periods of inactivity.

Upon termination, your right to use the Service will immediately cease. We may delete your account and data in accordance with our Privacy Policy.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Netherlands, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be resolved in the courts of the Netherlands, and you consent to the exclusive jurisdiction of such courts.

15. Dispute Resolution

Before initiating any legal proceedings, you agree to first contact us to attempt to resolve the dispute informally. If we cannot resolve the dispute within 30 days, either party may proceed with formal dispute resolution. For EU consumers, you may also use the EU Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr.

16. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website and updating the "Last updated" date. Your continued use of the Service after such changes constitutes your acceptance of the new Terms.

17. Miscellaneous

• Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Service.
• Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in effect.
• Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
• Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations without restriction.
• Force Majeure: We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control.