1.1. Age Restrictions

You must be at least 18 years old to use TheBestCRM platform. By accepting these Terms, creating a Platform Account, or using the Platform, you confirm that you are at least 18 years old. If you're a parent or legal guardian allowing a Minor (someone between 13 and 18 years old) to use the platform, you agree to supervise their usage, take responsibility for any risks or liabilities, ensure suitability of content, provide accurate information, and consent to the Terms on behalf of the Minor.

1.2. Platform Account Ownership

When registering for a Platform Account, ensure you provide complete, current, and accurate information. The Platform is primarily for business use or related to an individual's trade, craft, or profession. If you accept these Terms on behalf of a business entity, ensure you have the authority to bind the entity to these terms.

1.3. Intended Use

Use TheBestCRM platform for lawful purposes and in accordance with these Terms. Ensure compliance with all applicable laws and regulations and refrain from engaging in Prohibited Uses. Take responsibility for your actions, those of your employees, agents, and customers who use the Platform, and ensure they understand and adhere to these Terms.

1.4. Privacy

By using TheBestCRM platform and providing Information, you consent to our use and disclosure of the Information in accordance with our Privacy Policy. Ensure that your customers understand and agree to be bound by your privacy policy when providing them access to the Platform.

1.5. Login Credentials

Keep your Login Credentials confidential and notify TheBestCRM immediately of any unauthorized access or breach of security. TheBestCRM may disable your Login Credentials at its discretion if it believes you've violated any provision of these Terms.

1.6. Use of Communication Services1.6. Use of Communication Services

You are solely responsible for all communications sent using TheBestCRM platform, ensuring compliance with relevant laws such as the TCPA and the CAN-SPAM Act. TheBestCRM provides communication services but does not originate or deliver communications. You control the message content, timing, and delivery methods.

2. Prohibited Uses

Engaging in Prohibited Uses of TheBestCRM platform constitutes a material breach of this Agreement, for which TheBestCRM may immediately suspend or terminate your Platform Account as per these Terms.

Prohibited Uses include but are not limited to:

- Using the Platform in any manner that violates applicable laws or regulations.
- Exploiting, harming, or attempting to exploit or harm anyone through the Platform.
- Transmitting or procuring the sending of any unlawful advertising or promotional material, including spam.
- Impersonating TheBestCRM, its employees, or other users.
- Conducting activities that restrict or inhibit anyone's use or enjoyment of the Platform.
- Engaging in conduct that may harm Platform users, TheBestCRM, or expose either to liability.
- Disabling, overburdening, damaging, or impairing the Platform or interfering with others' use.
- Using automated tools or manual processes to access or monitor the Platform without prior consent.
- Introducing malicious or harmful material such as viruses or malware.
- Attempting unauthorized access, interference, or disruption of the Platform or associated systems.
- Attacking the Platform through denial-of-service attacks.
- Otherwise attempting to interfere with the proper functioning of the Platform.

3. Payments

a. Fees

Your use of TheBestCRM platform is subject to timely payment of all Fees. Fees may change, and all Fees are exclusive of Communication Surcharges. You agree to provide accurate billing information and pay all Fees and associated charges.

b. Noncancellable Fees

Some subscriptions require a non-cancellable minimum commitment. These Fees continue until the commitment is fulfilled.

c. No Mark Ups

You may not increase TheBestCRM Fees passed through to customers. You're responsible for all pass-through Fees and related expenses.

d. Taxes

You're solely responsible for Taxes associated with your use of the Platform and transactions with customers. TheBestCRM may collect Taxes as required by law.

e. Overdue Amounts

:If your payment fails, we may suspend or terminate your Platform use and require payment of overdue amounts. You agree to reimburse us for expenses incurred in collecting overdue amounts.

f. Payment Disputes

Notify us in writing within sixty (60) days of invoiced Fees or charges you wish to dispute. You must pay invoiced Fees while the dispute is pending.

g. No Refunds or Credits

Fees assessed by TheBestCRM are generally non-refundable. TheBestCRM reserves the right to issue refunds or credits at its discretion.

h. Cancellations

You're responsible for canceling Services associated with your account, and Fees are incurred until cancellation. No refunds are provided for failure to cancel Services.

i. Your Responsibility for Financial Transactions

You're solely responsible for all financial transactions conducted on the Platform or using the Services, including chargebacks.

4. Affiliate Program

TheBestCRM offers an Affiliate Program where customers may earn commissions for referring new accounts. Participation is subject to approval and acceptance of the Affiliate Agreement. Commissions may be forfeited if TheBestCRM is unable to submit payment to your designated account.

5. Intellectual Property

5.1. Platform Content

TheBestCRM platform and its content are owned by TheBestCRM or its licensors and are protected by copyright, trademark, and other intellectual property laws. You are granted a personal, non-exclusive license to access and use the Platform Content for the purpose of using the Platform for yourself and your customers. Any other use, including reproduction or distribution, without HighLevel's permission is strictly prohibited.

5.2. TheBestCRM Marks

TheBestCRM Marks, including trademarks and service marks, are owned by TheBestCRM and may not be used without written permission. You may not use TheBestCRM Marks in a manner that causes confusion or discredits TheBestCRM.

5.3. User Contributions

User Contributions are non-confidential and non-proprietary. By submitting User Contributions, you grant TheBestCRM the perpetual right to use, reproduce, and distribute them for any purpose. TheBestCRM is not responsible for the content of User Contributions and reserves the right to remove any violating content.

5.4. Prohibited User Contributions

You are prohibited from posting User Contributions that are unlawful, harassing, or infringe upon the rights of others.

5.5. Feedback

Any feedback you provide to TheBestCRM is voluntary and non-confidential. You grant TheBestCRM a perpetual, irrevocable license to use the Feedback for any purpose without restrictions or payment.

5.6. Feedback Waiver

By providing Feedback, you release TheBestCRM from any claims related to its use. You agree to defend and indemnify TheBestCRM for any liabilities arising from the use of Feedback.

5.7. Copyright

TheBestCRM follows the Digital Millennium Copyright Act (DMCA) and other intellectual property laws. If you believe your copyrights have been infringed, you can send a notification to TheBestCRM's designated copyright agent. TheBestCRM may limit access to the Platform or terminate the account of users who infringe intellectual property rights.

6. Disclaimers

6.1. Platform Warranty

TheBestCRM platform is provided on an "as is" and "as available" basis without any warranty, either express or implied. Your use of the platform is at your own risk, and TheBestCRM is not responsible for any damage to your computer system or loss of data resulting from such use.

6.2. Limitation of Liability

TheBestCRM's liability for any claims arising from these Terms and your use of the Platform is limited to the amount you paid for Services within the three-month period before the incident giving rise to the liability. TheBestCRM shall not be liable for any special, punitive, incidental, indirect, or consequential damages, including loss of use, data, or profit loss, arising from the use of the Platform or third-party services.

6.3. Indemnification

You agree to defend, indemnify, and hold TheBestCRM harmless against all demands, claims, actions, proceedings, damages, liabilities, losses, fees, costs, or expenses arising from or connected with your use of the Platform. This includes any disputes between you and other users, you and your clients, or your customers.

7. Limitation of Liability, Indemnification, and Mitigation

7.1. Exclusive Remedy

Your exclusive remedy and TheBestCRM's entire liability for any claims arising from these Terms and your use of the Platform is limited to the amount you paid for Services within the three-month period before the incident giving rise to the liability.

7.2. Third-Party Services

TheBestCRM shall not be liable for any disruptions to third-party services or transactions conducted through the Platform. This includes any promises or statements made by third parties regarding TheBestCRM's services or content.

7.3. Indemnification

You agree to defend, indemnify, and hold TheBestCRM harmless against all demands, claims, actions, proceedings, damages, liabilities, losses, fees, costs, or expenses arising from your use of the Platform. This includes negligence, misrepresentations, and violations of applicable law by you or your representatives.

7.4. Intellectual Property Violations

If the Platform is found to violate any third-party intellectual property rights, TheBestCRM may take actions such as obtaining the right for you to continue using the Platform, modifying or replacing the Platform, or requiring you to cease its use.

8. Limitation On Time To File Claims
Any claims or actions related to these Terms or the Platform must be initiated within three months of the event giving rise to the claim, or they will be permanently barred.

9. Injunctive Relief
If there's a breach of these Terms, TheBestCRM can seek equitable relief without needing to post a bond or other security.

10. Waiver And Severability
TheBestCRM's waiver of any provision in these Terms doesn't mean a waiver of other provisions. If any part of the Terms is deemed invalid, the remaining parts will still be enforced.

11. Change of Control
TheBestCRM can assign its rights under these Terms at any time without notifying you. However, you can't assign your rights without TheBestCRM's consent.

12. Entire Agreement

These Terms constitute the entire agreement between you and TheBestCRM and supersede any prior agreements. Any changes or amendments must be signed by an authorized representative of TheBestCRM.

13. Term and Termination
These Terms remain in effect as long as you have a Platform Account. TheBestCRM can suspend or terminate your access to the Platform for any reason. You can terminate your access with written notice at least 30 days before your next billing date.

14. Applicable Law, Binding Arbitration, and Class Action Waiver

These Terms and any disputes arising from them are governed by the laws of Western Australia, without regard to its conflict of law provisions. Any controversy or claim arising out of or relating to these Terms shall be exclusively settled by arbitration administered by the Western Australian Commercial Arbitration Association (WACAA) in accordance with the Commercial Arbitration Act 2012, then in effect. The arbitration proceedings shall be held in Perth, Western Australia. Any arbitration award may be entered in a court of competent jurisdiction. All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis. Claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user. This adjustment ensures that the legal processes align with Western Australian laws and regulations. If you have any further adjustments or questions, please let me know!

15. Communications and Contact Information
Notices are sent via email to the addresses provided. TheBestCRM may contact you using the information you provide. If you no longer wish to receive communications, you can unsubscribe. For feedback or support, you can contact TheBestCRM through specified channels.

For all other feedback, comments, requests for technical support, and other communications relating to the Platform or the Terms, please contact us via email [email protected]

TheBestCRM by Loop2 Digital

1 Harris Road,

Busselton, WA 6280

Australia

16. Definitions

16.1. “Communication Surcharges” means any applicable communications service or telecommunication provider (e.g., carrier) fees or surcharges related to your use of TheBestCRM.

16.2. "Feedback” means ideas You provide to TheBestCRM regarding improvements, enhancements, new features, new products, or other concepts related to TheBestCRM, Services, or other matters related to TheBestCRM’s business.

16.3. “Fees” means any fees associated with TheBestCRM, including but not limited to the monthly subscription services fee and any fees associated with add-in Services that you may purchase.

16.4. "TheBestCRM Marks” means the TheBestCRM name and related logos and service marks of TheBestCRM.

16.5. “Information” means data about You and Your customers that TheBestCRM collects on the Platform, including but not limited to information required to create a Platform Account and use the Platform for the intended purpose.

16.6. “Login Credentials” means the username and password used to access your Platform Account.

16.7. “Platform” means any Services, Training, content, functionality, communication channels, and software or other services or features offered to customers on or through TheBestCRM’s website or mobile application.

16.8. “Platform Account” means the account you created in order to access and use TheBestCRM.

16.9. “Platform Content” means content, data, features, and functionality, including but not limited to text, graphics, videos, logos, button icons, databases, music, sounds, images, or other material that can be viewed on TheBestCRM. Platform Content does not include User Contributions.

16.10. “Prohibited Conduct” means the behaviors described in Section 2.

16.11. “Services” means the variety of product integrations and services that TheBestCRM makes available on the Platform. Services may include Third Party Services.

16.12. “Sub-Account” means a subscription for one business under a Platform Account.

16.13. “Third Party Content” means content, promotions or offers provided by third parties or links to external third-party websites that may be accessible on the Platform.

16.14. “Third Party Services” means any Services or other services owned and provided by a third party vendor that TheBestCRM makes available to You as a Service on or through the Platform.

16.15. “Training” means any training, information or suggested usages conveyed by TheBestCRM about the Platform.

16.16. “User Contributions” means content or materials that you post, submit, upload, publish, display, or transmit on or through the Platform or to TheBestCRM directly.

16.17. “You” or “you” or any derivatives thereof means the individual who accepted the Terms or the business entity that the individual represents. “You” also includes any and all agents, employees, or third parties that are authorized to act on your behalf.