Terms of Service
Thank you for using HaystackCRM. By using HaystackCRM, you agree to our Terms of Service, which is a legal agreement. If you are using HaystackCRM for an organization, you are agreeing on behalf of that organization. Our Terms of Service apply to your use of our Websites and Services.
When we say, “we,” “our,” or “us,” we’re referring to HaystackCRM, a North Carolina limited liability company, our employees, directors, officers, affiliates, and subsidiaries.
When we say “you” or “your,” we are referring to the person or entity that’s registered with us to use the HaystackCRM Service.
When we say “Websites,” we mean our websites located at HaystackCRM.com, APPs located on IPhone and Android platforms, including all subdomains and sites associated with those domains, and other websites that we operate now and in the future.
When we say “Services,” we mean our Websites, Application Programming Interfaces (APIs), applications, our content, and various third-party services that make up HaystackCRM.
When we say “HaystackCRM,” we mean our Websites and Services collectively.
When we say “information,” we mean all of the different forms of data that you provide us and that we collect from you from your use of the Services, your software, and your devices.
- General Rules
To use HaystackCRM, you must (a) be at least thirteen (13) years of age; (b) complete the registration process; (c) provide current and accurate information; (d) agree to these Terms; and (e) promise to follow these rules:
- You are responsible for all content you provide and your activities on HaystackCRM;
- You will use HaystackCRM in compliance with all applicable laws, rules, and regulations;
- You will not use HaystackCRM to solicit the performance of any activity which infringes our rights or the rights of others; and
- You will not use HaystackCRM to upload, transmit, or otherwise distribute any objectionable content, as solely determined by us.
If you break any of your promises above or any of the rules in these Terms, we may terminate your account. Your actions may also subject you to legal consequences.
As long as you comply with our Terms of Service, we grant you a non-exclusive, non-transferable, limited privilege to use HaystackCRM. Your use of HaystackCRM is at your own risk.
- Intellectual Property
You own your content. We do not represent any ownership or claim any intellectual property rights over the information that you provide or that is provided to us.
We own HaystackCRM and our Services. You may not copy, reproduce, alter, modify, resell, mirror, or create derivative works of HaystackCRM, our Services, or our content on HaystackCRM without our written permission.
You shall grant to us a royalty-free, worldwide, transferable, sub-licensable, irrevocable and perpetual license to incorporate into HaystackCRM or otherwise use any suggestions, enhancement requests, recommendations or other feedback that we receive from you or your agents.
- Passwords and Accounts
You’re responsible for keeping your account name and password confidential. You’re also responsible for any account that you have access to. You agree to notify us immediately of any unauthorized use of your account(s). We’re not responsible for any losses due to stolen or hacked passwords.
You will not represent that you are any other individual or entity unless such individual or entity has given you written permission to act on their behalf.
- Payment Terms
The free plan allows for 1 user and up to 2,500 records (contacts, companies, opportunities, events, and items).
Monthly Plan: A valid credit card is required for you to continue using the Services on a month-to-month basis when a second or more user is added and you have also exceeded the 2,500 records as part of the free plan. The Services are billed in advance on a monthly basis and is non-refundable. Monthly plan auto-renews every month in advance. If a new user is added during the monthly term, then it is pro-rated. If an account is cancelled, access is allowed until the end of the current paid monthly term. There will be no refunds or credits for partial months, for account upgrades or downgrades, or for months unused with an open account.
We reserve the right to change service fees upon thirty (30) days notice. Such notice may be provided at any time by posting the changes to HaystackCRM or by email.
- Cancellation and Termination
You are solely responsible for the proper cancellation of your account. You may cancel your account at any time by going to Company Settings and closing your account. An email or phone request to cancel your account is not considered cancellation. You will not be charged after cancellation. There is no cancellation fee.
In the event of cancellation or termination your account will be immediately disabled, and your account and information cannot be recovered once the account is closed. We retain the right to retain or delete data provided to us by you at our sole discretion.
We also reserve the right, but do not have any obligation, to refuse service to anyone and close your account(s) without notice for any or no reason at all.
You agree to indemnify and hold us harmless from any and all demands, loss, liability, claims or expenses (including attorneys’ fees) made against us by any third party due to or arising out of or in connection with your use of HaystackCRM.
- Representations and Warranties
To the maximum extent permitted by law, we provide HaystackCRM on an “as is” and “as available” basis, which means we don’t provide warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability and fitness for a particular purpose and to any warranties that (i) HaystackCRM will meet your specific requirements, (ii) HaystackCRM will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of HaystackCRM will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through HaystackCRM will meet your expectations, and (v) any errors in HaystackCRM will be corrected.
- Limitation of Liability
To the fullest extent permitted by law, you assume full responsibility for and we disclaim liability to you for any indirect, consequential, exemplary, incidental, or punitive damages, including lost profits, even if we had been advised of the possibility of such damages.
We disclaim any and all liability for the acts, omissions, and conduct of any third parties related to your use of HaystackCRM and any linked sites and services. Your sole remedy against us for dissatisfaction with HaystackCRM is to stop using HaystackCRM. This limitation of relief is a part of the bargain between you and us. The preceding disclaimer applies to any damages, liability, or injuries whether for breach of contract, tort, negligence or any other cause of action.
If, notwithstanding the other provisions of the Terms, we are found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Website or any of our Services, our liability shall not exceed what you paid us for the Services in the previous month. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
- Governing Law; Dispute Resolution
No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between us and you arising out of or in connection with your use of the Websites or Services, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
- Force Majeure
You agree that we are not liable for any delays or failure in performance of any part of the Services, from any cause beyond our control.
If one or more sections of the Terms are held unenforceable, then those sections will be removed or edited as little as necessary, and the rest of the Terms will still be valid and enforceable.
You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.
- No Waiver
Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
- Entire Agreement
These Terms and all documents incorporated into these Terms by reference constitute the entire agreement between you and us and govern your use of HaystackCRM, superseding any prior agreements between you and us (including, but not limited to, any prior versions of the Terms of Service).
- Amendments and Changes to HaystackCRM
We reserve the right, at our sole discretion, to change, modify, add, or remove portions of the Terms, at any time. Amendments or changes to these Terms won’t be effective until we post revised Terms on the Website. Unless explicitly stated otherwise, any new features that augment or enhance HaystackCRM shall be subject to the Terms.
It is your responsibility to check the Terms periodically for changes. Your continued use of HaystackCRM following the posting of changes will mean that you accept and agree to the changes.
We reserve the right to do any of the following, at any time, without notice to you: (1) to modify, suspend or terminate operation of or access to HaystackCRM, or any portion of HaystackCRM for any reason; (2) to modify or change HaystackCRM, or any portion of HaystackCRM, and any applicable policies or terms; and (3) to interrupt the operation of HaystackCRM, or any portion of HaystackCRM, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
If you have any questions or concerns about the Terms, please email us at support@HaystackCRM.com.
Last updated: October 27, 2016