Terms of Service

1. Acceptance of Terms

By accessing or using Scrollbird CRM ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use the Service.

These Terms apply to all users of the Service, including users who contribute content, information, and other materials or services.

2. Description of Service

Scrollbird CRM is a customer relationship management platform that allows users to:

• Store and manage customer contact information
• Track customer interactions and communications
• Create and manage marketing campaigns (email, SMS)
• Access marketplace add-ons and integrations
• Generate reports and analytics

3. Account Registration

To use the Service, you must:

• Provide accurate, current, and complete information during registration
• Maintain and update your information to keep it accurate and current
• Maintain the security of your password and account
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account

You must be at least 18 years old to create an account and use the Service.

4. Free and Paid Services

4.1 Free Tier

The basic CRM functionality is provided free of charge. This includes contact management, basic reporting, and limited features as specified on our website.

4.2 Paid Add-ons

Additional features such as email marketing, SMS marketing, and premium integrations are available for purchase through our marketplace. Pricing and terms for paid services are displayed at the time of purchase.

4.3 Free Trials

Some paid features may be offered with a free trial period. At the end of the trial, you will be automatically charged unless you cancel before the trial ends. Trial terms are disclosed at the time of enrollment.

5. Payment Terms

• All fees are charged in US dollars unless otherwise specified
• Payments are processed securely through Stripe
• Subscription fees are billed in advance on a monthly or annual basis
• You authorize us to charge your payment method for all fees incurred
• Fees are non-refundable except as required by law or as specified in these Terms
• We reserve the right to change pricing with 30 days notice

6. Acceptable Use

You agree not to use the Service to:

• Violate any applicable laws or regulations
• Send spam, unsolicited messages, or violate anti-spam laws (CAN-SPAM, GDPR, etc.)
• Harass, abuse, or harm another person or entity
• Upload or transmit viruses, malware, or other malicious code
• Attempt to gain unauthorized access to the Service or other users' accounts
• Interfere with or disrupt the Service or servers
• Scrape, data mine, or collect information without authorization
• Use the Service for any fraudulent or illegal purpose
• Impersonate any person or entity
• Violate the intellectual property rights of others

7. Your Data and Content

7.1 Ownership

You retain ownership of all data and content you upload to the Service ("Your Content"). We do not claim ownership of Your Content.

7.2 License to Us

By uploading Your Content, you grant us a limited license to store, process, and display Your Content solely for the purpose of providing the Service to you.

7.3 Your Responsibilities

You are responsible for ensuring you have the right to upload and use Your Content, including any customer data. You must comply with all applicable privacy laws and obtain necessary consents from individuals whose data you store in the Service.

8. Email and SMS Marketing Compliance

If you use our email or SMS marketing features, you agree to:

• Only send messages to recipients who have given proper consent
• Include accurate sender information and physical address in emails
• Honor opt-out requests promptly (within 10 business days for email)
• Comply with CAN-SPAM, TCPA, GDPR, and other applicable laws
• Not send deceptive or misleading content
• Maintain records of consent as required by law

Violation of these requirements may result in immediate suspension or termination of your account.

9. Intellectual Property

The Service, including its original content, features, and functionality, is owned by Scrollbird CRM and is protected by copyright, trademark, and other intellectual property laws.

You may not copy, modify, distribute, sell, or lease any part of the Service without our prior written consent.

10. Termination

10.1 By You

You may terminate your account at any time by contacting us or using the account deletion feature. Upon termination, your right to use the Service will immediately cease.

10.2 By Us

We may suspend or terminate your account at any time, with or without cause or notice, if we believe you have violated these Terms or for any other reason at our sole discretion.

10.3 Effect of Termination

Upon termination, your data may be deleted. We recommend exporting your data before terminating your account. Certain provisions of these Terms will survive termination.

11. Disclaimer of Warranties

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

We do not warrant that the Service will be uninterrupted, secure, or error-free, or that any defects will be corrected.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SCROLLBIRD CRM 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.

Our total liability for any claim arising from or relating to these Terms or the Service shall not exceed the amount you paid us in the twelve (12) months preceding the claim.

13. Indemnification

You agree to indemnify and hold harmless Scrollbird CRM and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from your use of the Service, your violation of these Terms, or your violation of any rights of another.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. Any disputes arising from these Terms shall be resolved in the courts of Delaware.

15. 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 and updating the "Last updated" date. Your continued use of the Service after changes constitutes acceptance of the modified Terms.

16. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.