Last Updated: January 2025
THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION CLAUSE AND A CLASS ACTION WAIVER THAT AFFECTS YOUR LEGAL RIGHTS. PLEASE REVIEW THE ENTIRE AGREEMENT CAREFULLY, INCLUDING THE DISPUTE RESOLUTION SECTION.
THESE TERMS GOVERN YOUR ACCESS TO AND USE OF THE PLATFORM AND RELATED SERVICES OFFERED BY YET ANOTHER CRM. BY REGISTERING, CREATING AN ACCOUNT, OR USING ANY PART OF THE PLATFORM, YOU AGREE THAT YOU:
CERTAIN PARTS OF THE PLATFORM MAY INCORPORATE SOFTWARE OR COMPONENTS SUBJECT TO OPEN SOURCE LICENSES. SUCH COMPONENTS ARE GOVERNED BY THEIR RESPECTIVE LICENSES, NOT THESE TERMS.
ONCE ACCEPTED, THESE TERMS OF SERVICE, TOGETHER WITH OUR PRIVACY POLICY AND DATA PROCESSING AGREEMENT (COLLECTIVELY REFERRED TO AS THE “AGREEMENT”), FORM A LEGALLY BINDING CONTRACT BETWEEN YOU (OR THE ENTITY YOU REPRESENT) AND YET ANOTHER CRM INC. (REFERRED TO AS “YET ANOTHER CRM,” “WE,” “US,” OR “OUR”).
YET ANOTHER CRM MAY MODIFY THESE TERMS AT ANY TIME. CHANGES WILL TAKE EFFECT IMMEDIATELY UPON POSTING. CONTINUED USE OF THE PLATFORM AFTER CHANGES ARE POSTED CONSTITUTES ACCEPTANCE OF THE UPDATED TERMS.
To use the Platform, you must be at least 18 years old. By using the Platform, you represent that you meet this age requirement. Competitors and individuals acting on behalf of competitors are prohibited from using the Platform.
Your account is tied to the information you provide during registration. If you create an account on behalf of a business, the business entity is considered the account owner. In the event of a dispute over account ownership, Yet Another CRM reserves the right to request documentation to determine ownership or suspend access until the dispute is resolved.
You and your customers may only use the Platform for lawful purposes. You agree that neither you nor your customers will:
You are solely responsible for ensuring compliance with all applicable laws and regulations, including but not limited to data protection laws such as GDPR. You are also responsible for securing appropriate consents from your customers before collecting or processing their data through the Platform.
By using the Platform, you consent to Yet Another CRM’s collection and use of information as outlined in our Privacy Policy. You are responsible for implementing your own privacy policy when offering services to your customers through the Platform.
You are responsible for maintaining the confidentiality of your login credentials. You must notify us immediately if you suspect unauthorized access to your account. We reserve the right to disable your account or credentials if we detect suspicious activity.
1.12 International Use. If you are in an embargoed country or are a sanctioned person or entity, you are prohibited from using the Platform. Yet Another CRM makes no representation that materials on the Platform are appropriate or available for use in locations outside the United States. Those who choose to access the Platform from other locations do so on their own initiative and at their own risk. If you choose to access the Platform from outside the United States, you are responsible for compliance with local laws in your jurisdiction, including but not limited to, the taxation of products purchased over the Internet. You agree to comply with all economic sanctions and export control laws, rules and regulations, including without limitation the regulations promulgated by the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) and the U.S. Department of the Treasury’s Office of Foreign Assets Control (collectively,“Export Control Laws”). By using the Platform, you agree not to use, export, import, sell, release, or transfer the Platform, the Services, or any software or technology that supports the Platform or your content, or the Platform Content violating any such Export Control Laws. Specifically, and without limitation, the Platform, the Services, or any software or technology that supports the Platform, or your content, or Platform Content may not be exported, transferred, or released, or provide access (a) into any U.S. embargoed countries (including, without limitation Cuba, Iran, North Korea, Syria and the Crimea, Donetsk, and Luhansk regions, Russia and Belarus (a“Prohibited Jurisdiction”); or (b) to anyone included in the U.S. Treasury Department’s list of Specially Designated Nationals or any other applicable restricted party lists.
Access to the Platform requires a subscription. Fees are billed in advance on a monthly or annual basis, depending on your chosen plan.
Optional services, such as SMS, email, and voice call capabilities, are billed on a pay-as-you-go basis. Charges for these services are deducted from your account wallet. You can set a threshold for automatic wallet recharges.
If payment is not received on time, we may suspend or terminate your access to the Platform. You are responsible for any applicable late fees or charges incurred due to payment issues.
All fees are non-refundable unless otherwise specified. If you cancel your subscription, you will retain access to the Platform until the end of the current billing cycle.
Yet Another CRM retains all rights, title, and interest in and to the Platform, including all intellectual property rights. Your use of the Platform grants you no ownership rights.
By submitting content through the Platform, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, and display such content solely for the purpose of providing the services.
You may not:
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YET ANOTHER CRM SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES.
OUR TOTAL LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO US IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
4.6 Refunds
4.6.1 Nonrefundable Fees. All Fees assessed by Yet Another CRM are non-refundable, including subscription Fees, Communication Surcharges, and Yet Another CRM’s resale of Third Party Services, regardless of whether you actually accessed or used the Platform Account or Services during your subscription period. You are solely responsible for any excess Fees incurred by You as a result of an error or omission made by You or a third party. Yet Another CRM does not provide Fee refunds or credits for such errors or omissions, or for partially used or unused Platform or Services subscriptions. Except as may be required by law, Yet Another CRM reserves the right to issue or deny a refund or credit in its sole and absolute discretion, at any time, for any reason, and Yet Another CRM’s determination of if and when to issue or deny a refund or credit is final.
4.6.2 Pre-paid and Minimum Commitment Subscriptions. Yet Another CRM resells some Services and Third Party Services that require pre-payment (including but not limited to ad-buying and other services). Unused or cancelled pre-paid services are non-refundable. Yet Another CRM may, in its sole discretion, issue account credits for future services in the event that You elect to cancel any pre-paid services before the services are fully performed. Some subscriptions for Services require a non-cancellable minimum subscription commitment which cannot be canceled until the commitment is fulfilled. Fees for such non-cancellable minimum subscription commitments will continue to be automatically applied to your bill until the minimum commitment has been achieved. Some add-on services or products cannot be canceled or refunded once Yet Another CRM has technically enabled such products and/or services on your Platform Account, including but not limited to the HIPAA package.
4.6.3 Wallet Credit Refunds. When Your Services are canceled, terminated or expired, it is Your sole obligation to request Yet Another CRM to refund any amounts remaining in your account’s “wallet”. Any amounts remaining in the “wallet” for over thirty (30) days after expiration, termination or cancellation of your Platform Account, will automatically become the property of Yet Another CRM.
4.7 Taxes and Government Assessments. All Fees are exclusive of anysales, VAT, GST and usetaxes,levies, fees, duties, interest, penalties and other governmental assessments (“Taxes”) unless mentioned otherwise in these Terms. Business entities with a valid VAT or GST identification number should provide Yet Another CRM with their VAT or GST identification number. You hearby confirm that Yet Another CRM can rely on the VAT or GST number provided. Where applicable by law, Yet Another CRMwill shift the liability to pay VAT/GST on the Fees to you due to the application of a VAT/GST reverse charge mechanism. You are exclusively responsible for Taxes associated with your use of the Platform, including all Taxes associated with transactions you conduct with your customers. Yet Another CRM may collect Taxes from you as part of the Fees as legally required or as Yet Another CRM deems appropriate, and all Yet Another CRM determinations regarding what Taxes to collect are final. Failure to provide Yet Another CRM with a valid VAT or GST identification number may result in VAT or GST being assessed by Yet Another CRM. If you provide a valid VAT or GST identification number after a Fee has been paid, the VAT and GST taxes charged will not be refunded. Yet Another CRM may recalculate and collect additional Taxes from you if it determines at any point that they are due. You will indemnify Yet Another CRM for all Claims related to Taxes that are associated with your activities on the Platform, including any Taxes related to your transactions with your customers as further described above. Taxes are nonrefundable. You hereby confirm that Yet Another CRM can rely on the name and address that You provide to Yet Another CRM when You agree to the Fees or in connection with Your payment method as being the place of supply for Tax purposes or as being the place of supply for VAT purposes where You have established Your business. Without limiting the generality of this Section 4.7, if any amount payable by You to Yet Another CRM is subject to any withholding or similar taxes, You shall pay for all withholding taxes without any reduction in the Fees and Taxes charged above..
You may cancel your subscription at any time. Upon cancellation, you will retain access to the Platform until the end of the current billing cycle.
We reserve the right to suspend or terminate your access to the Platform at our discretion, including for violation of these Terms.
Upon termination, your access to the Platform will cease. Any accrued rights and obligations will survive termination.
All disputes arising out of or related to these Terms shall be resolved through binding arbitration administered by the American Arbitration Association.
You agree to resolve disputes with us on an individual basis and waive your right to participate in a class action lawsuit or class-wide arbitration.
These Terms are governed by the laws of the State of Texas, without regard to its conflict of laws principles.
These Terms, together with our Privacy Policy and any additional agreements you enter into with us, constitute the entire agreement between you and Yet Another CRM.
EXHIBIT A
CODE OF CONDUCT
The following are considered Prohibited Uses of the Platform. Engaging in a Prohibited Use is a material breach of these Terms for which Yet Another CRM may immediately suspend or terminate your Platform Account in accordance with these Terms:
– Use of the Platform in any way that violates any applicable law or regulation.
– Use of the Platform in a country that prohibits or restricts the use of Artificial Intelligence.
– Use of the Platform to exploit, harm, or attempt to exploit or harm anyone in any way.
– Use of the Platform to send, receive, upload, download, use, or re-use any material that does not comply with these Terms.
– Use of the Platform to transmit, or procure the sending of any unlawful advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
– Impersonating or attempting to impersonate Yet Another CRM, a Yet Another CRM employee, another user or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
– Engaging in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platform
– Engaging in any conduct that may, as determined by Yet Another CRM, harm Platform users or Yet Another CRM, or expose either to liability.
– Use of the Platform in any manner that could disable, overburden, damage, or impair the Platform or interfere with any other party’s use of the Platform, including their ability to engage in real time activities through the Platform.
– Use of any robot, spider or other automatic device, process or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform.
– Use of any manual process to monitor or copy any of the material on the Platform or for any other unauthorized purpose without Yet Another CRM’s prior written consent.
– Use of any device, software or routine that interferes with the proper working of the Platform.
– Introducing any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
– Attempting to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform, the server on which the Platform is stored, any server, computer, or database connected to the Platform.
– Attacking the Platform via a denial-of-service attack or a distributed denial-of-service attack.
– Otherwise attempting to interfere with the proper working of the Platform.
– Child sexual exploitation or abuse content.
– Sexually explicit content.
– Generation of hateful, harassing, or violent content.
– Abusive or fraudulent conduct.
– This includes but is not limited to:
– Promoting or facilitating the generation or distribution of spam, fraudulent activities, scams, phishing, or malware;
– Compromising cybersecurity systems or gaining unauthorized access to violate the integrity of any user, network, computer or communications system, software application, or network or computing device;
– Violate any natural person’s rights, including privacy rights as defined in applicable privacy law;
– Appropriating confidential or personal information;
– Impersonating a human by presenting results as human-generated;
– Engaging in disinformation campaigns;
– Astroturfing, or the generation of fake grassroots support or fake review information;
– Plagiarize or engage in other forms of academic dishonesty.
– Illegal or highly regulated goods or services content, or other activity that has a high risk of economic or physical harm. This includes but is not limited to:
– Engaging in any illegal activity;
– Providing instructions on how to commit or facilitate any type of crime;
– Gambling;
– Payday lending;
– Cryptomining practices;
– Automatic determinations of eligibility for credit, employment, educational institutions, or public assistance services;
– Engaging in unauthorized practice of law or seeking unreviewed legal advice;
– Engaging in unauthorized practice of medicine or seeking unreviewed medical advice;
– Providing unauthorized financial advice;
– Law enforcement application or criminal justice decisions;
– Military or warfare application, weapons development;
– Management or operation of critical infrastructure in energy, transportation, and water;
– Political campaigning or lobbying in violation of campaign laws
EXHIBIT B
ARTIFICIAL INTELLIGENCE ACCEPTABLE USE POLICY
– AI features of the Platform may not be used in any manner contrary to the relevant laws, regulations, and industry standards, including, but not limited to, data protection and privacy regulations (e.g., GDPR, CCPA); financial industry guidelines (e.g., PCI DSS); as a part of automated decision making process with legal or similarly significant effects; or in violation of any intellectual property rights or geographical restriction.
– AI features may not be used to discriminate against any person or groups on grounds of religion, race, sexual orientation, gender, national/ethnic origin, political beliefs. disability, health status, trade union membership, age, criminal convictions or engage in any biased, intimidating, defamatory, harassing, bullying or otherwise inappropriate behaviors.
– AI features may not be used for generating individualized advice that in the ordinary course of business would be provided by a licensed professional including but not limited to medical, financial, tax, or legal advice. You must disclose to your customers when they are interacting with an AI-based voice or chatbot.
– All assets created through the use of generative AI systems must be professional and respectful. You may not use offensive or abusive language and may not engage in any behavior that could be considered discriminatory, harassing, or biased when applying generative techniques.
– You must take necessary steps to protect confidential and sensitive information of your users and customers
– AI usage may not not damage, disable, overburden, or impair any websites or launches any automated system, including “robots,” “spiders,” or “offline readers,” that sends more request messages to any servers in a given period of time than a human can reasonably produce in the same period by using a conventional browser.
– AI features may not be used to spread misinformation, engage in malicious activities, or any other uses that could harm individuals or society.
– AI features may not be used in any manner which is prohibited by the Agreement or the Code of Conduct provided herein.
For any questions or concerns regarding these Terms, please contact us at:
Yet Another CRM Inc.
Email: info@yetanothercrm.io
Thank you for choosing Yet Another CRM!
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