Effective Date:
These Terms and Conditions ("Terms") are entered into by and between RivalCRM ("Company," "We," "Us," or "Our") and the individual or entity agreeing to these Terms ("User," "You," or "Your"). These Terms govern Your access to and use of the RivalCRM software-as-a-service platform and related services (collectively, the "Service").
The Service is a white-labeled offering powered by a third-party platform, GoHighLevel Inc. ("Platform Provider"). Your use of the Service is subject to these Terms as well as the underlying terms and conditions of the Platform Provider, which may affect the delivery, functionality, and availability of the Service.
1. Acceptance of Terms
By creating an account, accessing, or using the Service, You acknowledge that You have read, understood, and agree to be bound by these Terms and our Privacy Policy. If You are using the Service on behalf of an organization, You represent that You have the authority to bind that organization to these Terms.
2. The Service
RivalCRM provides access to a customer relationship management (CRM) and marketing automation platform. The features and functionalities are provided on an "as is" and "as available" basis. We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, as the underlying Service is dependent on the Platform Provider.
3. User Accounts and Responsibilities
Account Registration: You must be at least 18 years of age to create an account and must provide accurate and complete information.
Account Security: You are responsible for safeguarding Your account password and for all activities that occur under Your account.
Acceptable Use: You agree not to use the Service for any illegal or prohibited purpose.
Prohibited activities include, but are not limited to: infringing on intellectual property rights, transmitting spam or malicious software, attempting to reverse engineer the platform, or engaging in any conduct that is abusive, defamatory, or obscene. You are solely responsible for the content and data you upload ("User Content") and must ensure it does not violate any laws or third-party rights.
4. Fees, Payment, and Subscription
Subscription Fees: Fees for the Service are billed in advance on a recurring basis (e.g., monthly, annually) as specified in your chosen plan. All fees are non-refundable, except as explicitly stated in our 30-Day Money-Back Guarantee. Automatic Renewal: Your subscription will automatically renew for a subsequent term of the same duration unless you cancel in accordance with the cancellation policy below.
Taxes: All fees are exclusive of applicable taxes, which you are responsible for paying.
5. 30-Day Money-Back Guarantee
We offer a 30-day money-back guarantee for new subscribers. If you are not satisfied with the Service, you may request a full refund of your initial subscription fee within thirty (30) calendar days of your initial purchase date.
This guarantee applies only to your first subscription payment. It does not apply to renewals, upgrades, or other fees.
To request a refund, you must contact our support team in writing within the 30-day period. This policy is designed to provide a risk-free trial period, a common practice for SaaS products.
6. Cancellation and Termination
Cancellation by User (2-Month Notice): You may cancel your subscription at any time. To do so, you must provide a minimum of two (2) months' (sixty (60) calendar days) advance written notice of your intent to cancel.
Notice Procedure: Cancellation notices must be submitted in writing to our support email address or through your account portal, if available.
Effect of Cancellation: Your account will remain active, and you will continue to be billed, through the end of the 60-day notice period. Your access to the Service will terminate at the conclusion of this period. It is your responsibility to export any User Content you wish to retain before the termination date.
Termination by RivalCRM: We reserve the right to suspend or terminate your access to the Service immediately, without prior notice, for any breach of these Terms, including non-payment of fees or violation of the acceptable use policy.
7. Intellectual Property
All content and software associated with the Service, excluding your User Content, are the exclusive property of the Company and/or its Platform Provider and are protected by intellectual property laws. You are granted a limited, non-exclusive license to use the Service for your internal business purposes during your subscription term.
8. Disclaimer of Warranties
The Service is provided "as is" and "as available." We and our Platform Provider expressly disclaim all warranties of any kind, whether express or implied, including the 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.
9. Limitation of Liability
To the fullest extent permitted by law, in no event shall RivalCRM or its Platform Provider be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from your access to or use of or inability to access or use the Service. Our total liability shall not exceed the amount you paid to us for the services in the period immediately preceding the claim.
10. Indemnification
You agree to indemnify and hold harmless RivalCRM, its officers, directors, employees, and agents from any claims, liabilities, damages, and costs (including reasonable attorney's fees) arising from your use of the Service or your violation of these Terms.
11. Governing Law
These Terms shall be governed by the laws of the State of Georgia, without regard to its conflict of law principles.