IMPORTANT: Please read these Terms of Service carefully before using BinaryCRM. By accessing or using our services, you agree to be bound by these Terms.
These Terms of Service ("Terms", "Agreement") constitute a legally binding agreement between you ("User", "you", "your") and BinaryCRM LLC, a Delaware limited liability company ("BinaryCRM", "Company", "we", "us", "our"), governing your access to and use of the BinaryCRM platform, including all software, applications, websites, and services (collectively, the "Service").
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 do not agree to these Terms, you may not access or use the Service.
You must be at least 18 years of age to use the Service. By using the Service, you represent and warrant that you are of legal age to form a binding contract with BinaryCRM.
If you are using the Service on behalf of a business entity, you represent that you have the authority to bind that entity to these Terms.
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to immediately notify BinaryCRM of any unauthorized use of your account.
BinaryCRM is a unified business management platform that provides the following services:
We reserve the right to modify, suspend, or discontinue any part of the Service at any time with or without notice.
BinaryCRM offers a one-month free trial for new users. No credit card is required to start your trial. At the end of the trial period, your access will be limited unless you subscribe to a paid plan.
Paid subscription plans are billed on a monthly or annual basis as selected during sign-up. All fees are quoted in U.S. Dollars (USD) and are non-refundable except as expressly provided in these Terms.
Payments are processed through third-party payment processors including Stripe, PayPal, Square, Paddle, and Frame. By providing payment information, you authorize BinaryCRM and its payment processors to charge your designated payment method.
Your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date. You may cancel your subscription at any time through your account settings.
Refunds are provided on a case-by-case basis at BinaryCRM's sole discretion. To request a refund, contact our support team within 7 days of your charge.
BinaryCRM reserves the right to change subscription prices with 30 days' advance notice. Price changes will apply to subsequent billing periods only.
You agree to use the Service only for lawful purposes and in accordance with these Terms. You are prohibited from:
You are responsible for ensuring that any data you upload or process through the Service complies with applicable data protection laws, including but not limited to the General Data Protection Regulation (GDPR), California Consumer Privacy Act (CCPA), and CAN-SPAM Act.
You retain ownership of all content you upload to the Service. However, you grant BinaryCRM a worldwide, non-exclusive, royalty-free license to use, store, and process your content solely to provide the Service.
The Service, including all software, applications, designs, trademarks, logos, and content, is owned by BinaryCRM and protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.
Subject to these Terms, BinaryCRM grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes.
The BinaryCRM name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of BinaryCRM. You may not use such marks without our prior written permission.
Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our data practices.
BinaryCRM implements industry-standard security measures to protect your data. However, no method of transmission over the internet is 100% secure, and we cannot guarantee absolute security.
While BinaryCRM performs regular backups, you are responsible for maintaining your own backup copies of critical data.
Upon termination of your account, BinaryCRM will retain your data for 30 days, after which it will be permanently deleted unless otherwise required by law.
The Service may integrate with or contain links to third-party services, websites, or applications. BinaryCRM is not responsible for the content, privacy practices, or terms of service of any third-party services. Your use of third-party services is at your own risk and subject to their respective terms.
Third-party payment processors (Stripe, PayPal, Square, Paddle, Frame) have their own terms and privacy policies that govern their services.
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.
BinaryCRM does not warrant that the Service will be uninterrupted, timely, secure, or error-free. We do not warrant that the results obtained from the use of the Service will be accurate or reliable.
Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above limitations may not apply to you to the extent prohibited by applicable law in your jurisdiction.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BINARYCRM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE.
IN NO EVENT SHALL BINARYCRM'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID TO BINARYCRM IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.
This limitation of liability applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if BinaryCRM has been advised of the possibility of such damage.
You agree to defend, indemnify, and hold harmless BinaryCRM, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:
These Terms commence on the date you first access the Service and continue until terminated in accordance with these Terms.
You may terminate your account at any time by following the cancellation process in your account settings or by contacting our support team.
BinaryCRM reserves the right to suspend or terminate your access to the Service immediately, without prior notice or liability, for any reason, including but not limited to breach of these Terms.
Upon termination, your right to use the Service will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles.
Before filing a claim, you agree to try to resolve the dispute informally by contacting us at legal@binarycrm.com. We will attempt to resolve the dispute informally within 60 days.
If the dispute cannot be resolved informally, you agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be settled by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules.
The arbitration shall take place in Wilmington, Delaware, unless otherwise agreed by the parties.
YOU AND BINARYCRM AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Either party may bring a lawsuit in court for injunctive relief to stop unauthorized use or abuse of the Service or infringement of intellectual property rights without first engaging in arbitration.
You agree to submit to the personal jurisdiction of the state and federal courts located in Wilmington, Delaware for any actions not subject to arbitration.
BinaryCRM reserves the right to modify these Terms at any time. We will provide notice of material changes by:
Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of the changes. If you do not agree to the modified Terms, you must stop using the Service.
These Terms, together with our Privacy Policy, constitute the entire agreement between you and BinaryCRM regarding the Service and supersede all prior agreements and understandings.
If any provision of these Terms is found to be invalid or unenforceable under applicable law, such provision shall be modified to reflect the parties' intention or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and BinaryCRM's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
You may not assign or transfer these Terms or your rights hereunder, in whole or in part, without our prior written consent. BinaryCRM may assign these Terms at any time without notice.
BinaryCRM shall not be liable for any failure to perform its obligations under these Terms due to circumstances beyond its reasonable control, including acts of God, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
The Service may be subject to U.S. export control laws. You agree to comply with all applicable export and re-export control laws and regulations.
No agency, partnership, joint venture, or employment relationship is created between you and BinaryCRM as a result of these Terms or your use of the Service.
For questions about these Terms or the Service, please contact us:
BinaryCRM LLC
Legal Department
[Address]
Wilmington, Delaware 19801
United States
Email: legal@binarycrm.com
Support: support@binarycrm.com
Website: https://binarycrm.com
BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.