Legal Information

Terms of Service

Last updated: November 13, 2025

These Terms of Service (“Terms”) form a binding agreement between you and Leads 365 LLC, an Arizona company doing business as “SMBcrm” (“SMBcrm,” “we,” “our,” or “us”). These Terms govern your access to and use of:

• The smbcrm.com website and any related sites we operate (collectively, the “Site”);
• The SMBcrm software platform, mobile applications, APIs, and related services (collectively, the “Platform”); and
• Any features, content, tools, integrations, or professional services we make available via the Platform (together with the Platform, the “Services”).

By accessing or using the Services, clicking “I agree,” or signing an order form, you agree to be bound by these Terms. If you do not agree, do not access or use the Services.

The Services are intended for business use by organizations and individuals acting in a business capacity. You may use the Services only if you are at least 18 years old and have the power to enter into a binding contract with us.

1. Changes to Terms and Services

We may update these Terms and modify, add, or remove features or components of the Services at any time.

• Changes to Terms are effective when posted on the Site or otherwise communicated to you.
• We may discontinue or modify any part of the Services at our discretion, including free or beta features.

Material changes. For material changes to these Terms, we will provide notice (e.g., email or in‑app) at least thirty (30) days before the effective date. If you object to a material change, your exclusive remedy is to terminate the affected Subscription before the change takes effect; continued use after the effective date constitutes acceptance.

Your purchase of any subscription or Service is not dependent on the delivery of any future functionality or features or on any oral or written public comments about future features.

2. Other Applicable Documents

Your use of the Services is also subject to:

• Our Privacy Policy, which describes how we collect, use, and share information;
• Any Data Processing Addendum (“DPA”) we may enter into with you if applicable to your use of the Services;
• Any Acceptable Use Policy or product‑specific guidelines we publish; and
• Any order forms, statements of work (“SOWs”), or written addenda that reference these Terms.

Order of Precedence. In the event of a conflict among documents, the following order of precedence applies: (1) a signed Order Form or SOW, (2) a DPA, (3) these Terms, and (4) the Acceptable Use Policy or product‑specific policies. Headings are for convenience only.

3. Eligibility, Accounts, and Security

To use the Services, you must:

• Provide accurate, current, and complete registration and billing information;
• Maintain and promptly update your information as it changes; and
• Keep your account credentials confidential and not share them with unauthorized users.

You are responsible for all activity under your account, including activity by your employees, contractors, or others to whom you grant access. You must promptly notify us of any unauthorized use or security breach.

4. Subscriptions, Fees, and Payment

4.1 Subscription Plans

The Services are typically offered on a subscription basis (“Subscription”). The specific features, term, and pricing of your Subscription are set out at checkout, in your account, or in an order form.

Unless otherwise stated:

• Subscriptions are billed in advance on a recurring basis (e.g., monthly or annually).
• Subscriptions automatically renew for successive terms unless cancelled in accordance with these Terms.

4.2 Fees and Taxes

You agree to pay all fees and charges associated with your Subscription and use of the Services.

• Fees are stated exclusive of applicable taxes (such as sales, VAT, GST, or similar). You are responsible for paying any applicable taxes.
• You authorize us and our payment processors to charge your selected payment method for all applicable fees.
• We may adjust pricing or introduce new fees upon notice. Changes apply at the start of your next subscription term unless otherwise stated.

4.3 Refunds and Non‑Refundability

Except where we explicitly state otherwise or where required by applicable law:

• All fees and charges (including prepaid professional services, onboarding, and setup fees) are non‑refundable.
• We do not provide refunds or credits for partial subscription periods, unused features, or downgrades during a subscription term.

From time to time, a specific checkout page, order form, promotional offer, or written agreement may state a refund period, trial period, or guarantee (for example, “30‑day money‑back guarantee” or similar) for a particular purchase. When such a refund commitment is clearly presented at the time of purchase:

• That specific refund or guarantee term will apply to that purchase as described; and
• After that period expires, the default non‑refundability in this Section 4.3 applies.

Unless a refund period is expressly stated as part of the specific offer, no general or blanket refund policy applies.

4.4 Suspension for Non‑Payment

If you fail to pay any amounts due:

• We may suspend or limit your access to the Services until all overdue amounts are paid.
• Continued non‑payment may result in termination of your account.

You remain responsible for all accrued charges and any reasonable collection costs.

4.5 Usage‑Based and Pass‑Through Charges

Certain features (including telephony, messaging, email sending, storage, bandwidth, and other metered or third‑party components) may incur usage‑based fees, carrier/provider/regulatory fees, surcharges, or other pass‑through costs. We may invoice or auto‑charge such amounts as incurred or in arrears, and may update pass‑through rates when third parties change their pricing.

4.6 Late Fees; Collections; No Set‑Off

Overdue amounts accrue interest at the lesser of 1.5% per month or the maximum allowed by law. You will reimburse our reasonable costs of collection. You may not withhold, offset, or defer fees based on disputes or performance issues.

4.7 Chargebacks

If a chargeback occurs, you remain responsible for the underlying amount and associated bank or processor fees. We may suspend Services until amounts are paid.

4.8 Invoicing and Auto‑Charge Authorization

You authorize us and our processors to automatically charge your payment method for recurring fees, usage‑based and pass‑through charges, and any amounts owing under these Terms.

5. Description of Services

The Services include, without limitation:

• Customer relationship management tools;
• Capture features such as forms, surveys, chat widgets, and website funnels;
• Communications tools, including email marketing, 2‑way SMS, and phone system features;
• Marketing automation workflows;
• Sales pipelines, invoicing, text‑to‑pay and online checkout tools;
• Review and reputation management features;
• Referral and affiliate tools;
• Reporting, analytics, and dashboards;
• AI‑powered tools for content, messaging, and other business workflows;
• Website, funnel, and hosting‑related services; and
• Integrations with third‑party services and platforms.

We may modify the features, functionality, and scope of the Services from time to time. Certain features may be subject to additional terms or may be offered as beta, trial, or premium add‑ons.

5.1 API Access

API credentials are confidential. You must not share, publish, or embed keys in client‑side code, benchmark or test performance for competitive purposes, or use the APIs to create a competing service. We may monitor API usage for security and abuse and may impose or adjust rate limits. You must not: (a) cache or store personal data obtained via the APIs beyond what is necessary for your permitted use; (b) resell, sublicense, or redistribute API data to third parties; (c) use the APIs to train or improve machine‑learning models without our prior written consent; or (d) circumvent any access limits, gating, or security controls.

5.2 Professional Services

Deliverables created under a SOW are deemed accepted upon the earlier of written acceptance or ten (10) days after delivery absent a material, documented non‑conformity. Upon full payment, you receive a non‑exclusive, perpetual license to use deliverables for your internal business purposes. We retain ownership of our pre‑existing materials, tools, know‑how, and generic skills; we may reuse non‑confidential learnings.

6. Customer Responsibilities and Acceptable Use

You are responsible for:

1. Compliance with Law — Using the Services only in accordance with applicable laws, rules, and regulations in all jurisdictions where you and your users operate, including but not limited to privacy, data protection, marketing, advertising, and telecommunication laws.
2. End Customer Relationships — Your relationship with your own customers, subscribers, patients, members, leads, or other contacts (“End Customers”) is solely between you and them. You are responsible for:
   • The information you collect from End Customers;
   • The communications you send to them; and
   • Any products, services, or promises you make.
3. Content — You are solely responsible for all data, content, and materials you or your users submit, upload, transmit, process, or store through the Services (“Customer Data”), including:
   • Messages, emails, SMS content, call recordings, and scripts;
   • Web pages, funnels, images, videos, and other media;
   • Terms, policies, disclaimers, and notices you configure or host.
4. Prohibited Uses — You will not, and will not permit others to:
   • Use the Services for unlawful, harmful, fraudulent, harassing, defamatory, obscene, or otherwise objectionable purposes;
   • Violate the rights of others, including privacy, publicity, or intellectual property rights;
   • Attempt to gain unauthorized access to the Services or interfere with their operation;
   • Use the Services to send spam or unsolicited messages in violation of law or industry standards;
   • Reverse engineer, decompile, disassemble, or attempt to derive source code from the Services (except to the extent expressly permitted by law).

We may investigate any suspected violation and may suspend or terminate access to the Services in our discretion.

6.5 Fair Use; Rate Limits

To protect the Services and third‑party ecosystems, we may enforce fair‑use thresholds, daily/monthly sending caps, concurrency limits, and API rate limits. We will make commercially reasonable efforts to notify you of material restrictions.

7. Terms & Conditions Tools and Legal Text

The Services allow you to configure, display, and collect consent to various legal terms, such as: your own terms and conditions; your privacy policy; consent and compliance notices (including A2P messaging consent language); and custom legal or informational text on forms, surveys, order forms, invoices, and payment links.

7.1 Your Legal Documents

You are solely responsible for drafting, hosting, and maintaining your own terms, privacy policy, and other legal documents; ensuring that your legal documents, and the way you present and obtain acceptance of them, comply with applicable law; and ensuring that any links you configure in the Services correctly point to your current terms and policies. Any default or example text we provide is for convenience only and is not legal advice.

7.2 Role of SMBcrm

You understand and agree that SMBcrm is not a party to your agreements with End Customers; does not guarantee that your configuration of terms, checkboxes, or consent flows is enforceable or legally sufficient; and that you are responsible for verifying that any acceptance mechanism meets the requirements of your applicable law.

8. Telecommunications, Messaging, and Call Recording

The Services may enable you to send or receive communications via SMS, MMS, voice calls, email, and similar channels, as well as to record calls and manage telephony‑related workflows.

8.1 Compliance with Messaging Laws

You are solely responsible for ensuring that your use of messaging and telephony features complies with all applicable laws and industry rules, including but not limited to: Telephone Consumer Protection Act (TCPA); CAN‑SPAM Act and any applicable anti‑spam laws; A2P (Application‑to‑Person) messaging regulations and carrier rules; Do Not Call and marketing preference regulations; and any applicable state, provincial, national, or international telecommunications laws. This includes, without limitation: obtaining valid, documented consent; providing required disclosures and opt‑out instructions; honoring opt‑out and do‑not‑contact requests; and maintaining appropriate consent records.

8.2 A2P Compliance Features

Certain features may help you implement consent language, default terms, or other messaging intended to support compliance. These features are provided as tools and templates only; they do not constitute legal advice; and they do not guarantee compliance.

8.3 Carrier and Provider Policies

Your use of telephony and messaging features is subject to the policies and technical limitations of carriers and telecommunication providers. You authorize us or our providers to register A2P/10DLC brands and campaigns using information you supply. You are responsible for the accuracy of such information and for maintaining compliant message content and traffic. Registration and vetting fees are non‑refundable, including if a brand or campaign is rejected.

We may, in our discretion and without liability:

• Block, filter, throttle, or refuse traffic we suspect to be spam, abusive, illegal, or non‑compliant;
• Suspend or revoke phone numbers or messaging capabilities in response to carrier or regulator requests or complaints; or
• Require changes to your messaging practices or templates.

8.4 Call Recording

If you use call recording or monitoring features, you are solely responsible for determining whether and how to use those features in compliance with applicable law; providing all required notices and obtaining all required consents; and adjusting settings or disabling recording where consent cannot be obtained.

8.5 No Emergency Calling; Alternative Access Required

The Services do not provide access to emergency services (e.g., 911/112). You must maintain alternative communications to reach emergency services.

8.6 Pass‑Through Fines and Remediation

You are responsible for all carrier/provider fines, penalties, surcharges, and assessments arising from your traffic (including spam, SHAFT content, snowshoeing, evasion of filtering, or unenrolled A2P traffic). We may offset or invoice such amounts and may suspend messaging pending remediation.

8.7 Email Authentication; Deliverability

You must configure SPF, DKIM, and, where applicable, DMARC for your sending domains. We do not guarantee inbox placement or deliverability, which depend on factors beyond our control (recipient filters, domain reputation, list hygiene). We may throttle or block traffic that harms deliverability or reputation.

8.8 Numbers; Porting; Ownership

Telephone numbers are provisioned via our telephony providers. While your Subscription is active and in good standing, the numbers assigned to your account are deemed owned by you for purposes of use and porting. Provided all amounts due are paid, you may request to port out numbers at any time, subject to applicable law and provider policies. If you allow your Subscription to lapse or terminate without completing a port‑out before the effective termination date, you forfeit any rights to the numbers, and they may be reclaimed or reassigned in accordance with provider rules. Some numbers may be non‑portable due to regulatory or provider restrictions. You must provide all required authorizations and pay applicable porting and processing fees. To initiate a port‑out, you must submit a complete request (with all required LOAs and credentials) at least ten (10) business days before your Subscription terminates. Porting is subject to the rules of the losing and winning carriers and numbering authorities; we do not guarantee that any port will be completed by a particular date or at all. We are not responsible for delays or refusals by carriers, numbering authorities, or for incomplete or inaccurate information you provide.

9. Payment Processing and Financial Tools

The Services may include tools that allow you to issue invoices and statements; offer text‑to‑pay or payment links; enable online checkout, subscription billing, and installment options; and track payment statuses and financial information.

9.1 Third‑Party Payment Processors

Payment processing services are provided by one or more third‑party payment processors that you connect to the Platform. These third parties are independent from SMBcrm.

• You must agree to and comply with the applicable payment processor’s terms and policies.
• You are the merchant of record for all transactions with your End Customers.
• SMBcrm does not handle, hold, control, or operate the flow of funds between you and your End Customers.

9.2 Our Role

SMBcrm provides software tools that facilitate invoicing, payment initiation, and display of payment‑related information. We do not act as a bank, money transmitter, or payment institution; provide financial, tax, or accounting advice; or assume liability for chargebacks, refunds, fraud, or non‑payment.

9.3 Custom Terms on Payment Links and Checkout

You may configure custom terms, disclaimers, and policies on or around your payment links and checkout experiences. You are responsible for ensuring that such terms are clear, accurate, and enforceable, and that their presentation complies with applicable law.

10. AI Features and Generated Content

The Services may include AI‑powered features that generate or assist with content (e.g., marketing copy, emails, SMS messages, ad text, websites, funnels, blogs, prompts, scripts, suggested replies, insights, and recommendations).

10.1 No Professional Advice

AI‑generated content may be incomplete, inaccurate, or inappropriate for your use case and does not constitute legal, financial, medical, or other professional advice.

10.2 Your Responsibility for Use

You are solely responsible for reviewing, editing, and approving AI‑generated content before using it; ensuring that any published content is accurate, compliant, and appropriate; and ensuring that you have the right to use any input you provide and any output you choose to use.

10.3 Use of Third‑Party AI Providers

We may use one or more third‑party AI providers to power AI features. Your use of AI features may be subject to additional terms required by those providers.

10.4 No Training Use of Customer Data

We do not use your Customer Data, or inputs/outputs you provide to or receive from AI features, to train or improve generalized machine‑learning or foundation models for the benefit of us or others. We process such data only to provide the AI features you request and to operate, secure, and support the Services. We require our third‑party AI providers not to use your Customer Data for model training or improvement beyond providing the Services to you.

10.5 Output Similarity; No Ownership Guarantee

AI outputs may be similar to content generated for others. We do not guarantee that outputs are unique or free from third‑party rights. You are responsible for reviewing outputs and obtaining any rights necessary for your intended use.

11. Websites, Hosting, Domains, and Technical Limitations

We may host your websites, funnels, assets, and other content on infrastructure managed by us or by our hosting providers. Hosting is provided on an “as‑is” and “as‑available” basis. We do not guarantee any particular uptime, response time, or performance level unless otherwise stated in a separate written agreement. You are responsible for your site design, configuration, and content; any third‑party scripts, plugins, or integrations you install or embed; and for ensuring compliance with applicable law.

12. Third‑Party Services and Integrations

The Services may integrate with or link to third‑party products, services, platforms, or content (“Third‑Party Services”). Third‑Party Services are provided by independent third parties and are governed by their own terms and privacy policies. We do not endorse, control, or assume responsibility for Third‑Party Services. Your use of any Third‑Party Service is at your own risk. We may enable, modify, or discontinue integrations in our discretion. We are not liable for any interruption or change to Third‑Party Services or integrations.

12.1 Open‑Source and Third‑Party Components

The Services may incorporate open‑source or third‑party components subject to their own licenses. To the extent of a conflict, those licenses govern your use of such components.

13. E‑Signatures and Documents

Certain features may allow you and your End Customers to sign documents electronically or to capture approval using on‑screen actions. We provide technical tools to facilitate these workflows and do not guarantee that any particular electronic signature or workflow will be legally sufficient or enforceable in any jurisdiction. You are responsible for determining when and how to use e‑signatures, ensuring that your processes comply with law, and obtaining any required consents, notices, or records.

14. Data Ownership and Use

14.1 Customer Data

As between you and SMBcrm, you retain ownership of Customer Data you submit to or collect through the Services. You grant SMBcrm a worldwide, non‑exclusive, royalty‑free license to host, store, copy, process, transmit, and display Customer Data as necessary to provide, maintain, secure, and improve the Services and to comply with law.

14.2 Usage Data and Aggregate Data

We may generate and use: Usage Data (information about how users access and use the Services) and Aggregate or De‑identified Data (data aggregated or de‑identified such that it cannot reasonably identify you or your End Customers) to operate, maintain, and improve the Services; develop new features; and for security, analytics, and business operations. We will not re‑identify de‑identified data.

14.3 Prohibited Sensitive Data; HIPAA by Separate Agreement

Unless we expressly agree in a separate signed addendum (e.g., a Business Associate Addendum, “BAA”), you must not submit to or process via the Services: (a) protected health information (“PHI”) as defined by HIPAA; (b) payment card data subject to PCI DSS (other than via tokenized flows provided by our supported payment processors); (c) government‑issued identification numbers or biometric identifiers; (d) data subject to ITAR or comparable export controls; or (e) any data requiring enhanced safeguards that the Services are not designed to handle. We are not a Business Associate under HIPAA unless and until a BAA is executed.

15. Confidentiality

15.1 Our Confidentiality Obligations

Except as permitted in these Terms or required by law, we will not disclose your non‑public Customer Data to third parties other than our personnel and service providers who need the information to provide the Services and who are bound by confidentiality obligations, and as required to comply with law, regulation, legal process, or governmental request. We maintain appropriate technical and organizational measures intended to protect the security and confidentiality of Customer Data.

15.2 Customer Contact Information

We will not use your End Customers’ contact information for SMBcrm’s own marketing purposes or sell or rent End Customer contact information to third parties. We may process such information as needed to provide the Services to you, to troubleshoot and support your account, and as required by law.

15.3 Security; Incident Notification

We maintain commercially reasonable technical and organizational measures designed to protect Customer Data against accidental or unlawful destruction, loss, alteration, or unauthorized access. If we confirm a security incident impacting Customer Data, we will notify you without undue delay and provide information reasonably available to us, subject to law‑enforcement or security restrictions.

16. Intellectual Property Rights

The Services, including all software, user interfaces, designs, logos, and content (excluding Customer Data), are owned by SMBcrm or our licensors and are protected by intellectual property and other laws. You receive a limited, non‑exclusive, non‑transferable, revocable license to access and use the Services for your internal business purposes, subject to these Terms and any applicable order form or SOW. You may not copy, modify, adapt, translate, or create derivative works from the Services; remove or obscure proprietary notices; or use SMBcrm’s trade names, trademarks, or logos without our prior written consent.

16.4 Feedback License

If you provide suggestions or ideas (“Feedback”), you grant us a worldwide, perpetual, irrevocable, royalty‑free license to use and incorporate the Feedback without restriction or obligation.

16.5 Publicity

We may identify you as a customer (name and logo) on our Site and in marketing materials. You may opt out by emailing [email protected].

17. Beta Features and Trials

From time to time we may invite you to try features or services designated as beta, preview, trial, or evaluation. Beta Services may be provided free or discounted, are for evaluation only, may be modified or discontinued at any time, and are provided “as is” without warranties or commitments of support. Your use is at your own risk.

18. Disclaimers of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE AND SERVICES (INCLUDING ALL FEATURES, CONTENT, INTEGRATIONS, AI OUTPUT, AND BETA SERVICES) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. SMBCRM AND ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON‑INFRINGEMENT; WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR‑FREE, OR FREE OF HARMFUL COMPONENTS.

19. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

1. Exclusion of Certain Damages — SMBCRM AND ITS AFFILIATES, LICENSORS, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, OR DATA; OR COST OF SUBSTITUTE GOODS OR SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
2. Cap on Direct Damages — SMBCRM’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, WILL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS YOU PAID TO SMBCRM FOR THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED U.S. DOLLARS (USD $100). For clarity, this Section 19.2 does not limit your obligation to pay fees, usage‑based and pass‑through charges, carrier/provider fines or assessments, taxes, or amounts owed under Sections 4 and 8.6, all of which are payment obligations and not subject to this cap.
3. Exceptions — Some jurisdictions do not allow the exclusion or limitation of certain damages. In those jurisdictions, our liability will be limited to the fullest extent permitted by law.

20. Indemnification

You agree to defend, indemnify, and hold harmless SMBcrm and its affiliates, officers, employees, agents, and licensors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: your use of the Services; Customer Data or content you or your users submit or process; your violation of these Terms or law; your relationship with End Customers; your use of Third‑Party Services; your use of AI features or reliance on AI‑generated content; and any carrier/provider fines attributable to your traffic or content.

We may, at our option and expense, participate in the defense of any claim. You may not settle any claim without our prior written consent if the settlement imposes any obligation on us or requires an admission of fault by us.

21. Suspension, Termination, and Data Retention

We may suspend or terminate your access to the Services, in whole or in part, at any time: if you violate these Terms or law; if your use poses a security risk; if you fail to pay fees when due; if required by law or a governmental authority; or for any other reason in our discretion, subject to any additional commitments in a separate written agreement.

You may terminate your Subscription in accordance with the cancellation procedures in your account or as specified in your order form. Termination does not relieve you of your obligation to pay outstanding fees.

Upon termination or expiration of your Subscription: your right to access and use the Services will end; and we will retain Customer Data for approximately thirty (30) days after the effective date of termination (“Retention Period”), after which we may delete or anonymize Customer Data in accordance with our data retention practices, except where we are required to retain data by law or a DPA. During the Retention Period, you are responsible for exporting or backing up any Customer Data you wish to retain. We may charge a reasonable fee for any special data export requests following termination.

Backups. Data may persist in routine backups for up to 90 days after deletion and will be purged in the ordinary course of our business. Backup copies are not ordinarily accessible to you.

22. Governing Law and Dispute Resolution (Arbitration)

These Terms and any dispute arising out of or relating to them or the Services are governed by the laws of the State of Arizona, without regard to its conflict of laws rules.

22.1 Informal Resolution

Before commencing formal legal action, you agree to first contact us at [email protected] and attempt to resolve the dispute informally. We will attempt to resolve the dispute informally within thirty (30) days of receipt.

22.2 Agreement to Arbitrate

If we are unable to resolve the dispute informally, you and SMBcrm agree that any and all disputes, claims, or controversies arising out of or related to these Terms or the Services that cannot be resolved informally will be resolved exclusively and finally by binding arbitration. The Federal Arbitration Act governs the interpretation and enforcement of this agreement. Arbitration will be conducted by a single arbitrator through a recognized arbitration provider such as the American Arbitration Association (AAA) or another provider we mutually agree upon, under the provider’s then‑current commercial arbitration rules, except as modified in these Terms. The arbitration will take place in or near Phoenix, Arizona, unless we mutually agree to another location or to a remote/virtual hearing.

22.3 Individual Basis Only; Class Action Waiver

YOU AND SMBCRM 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, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING; AND THAT THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. If any portion of this Section 22.3 is found unenforceable as to a particular claim or request for relief, that claim or request must be brought in a court of competent jurisdiction, not in arbitration, and the remainder of this Section 22.3 will remain in force.

22.4 Small Claims Court Carve‑Out

Either you or SMBcrm may bring an individual action in small claims court in Maricopa County, Arizona (or another jurisdiction if required by law) instead of arbitration, if the claim is within the court’s jurisdiction and is brought on an individual basis only.

22.5 Judgment and Fees

The arbitrator’s decision will be final and binding and may be entered as a judgment in any court of competent jurisdiction. Each party will bear its own costs and attorneys’ fees, except to the extent that applicable law or the arbitration provider’s rules permit an award of fees to the prevailing party.

22.6 Waiver of Jury Trial

TO THE EXTENT PERMITTED BY LAW, YOU AND SMBCRM EACH IRREVOCABLY WAIVE ANY RIGHT TO A JURY TRIAL IN ANY DISPUTE, CLAIM, OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES.

22.7 Mass‑Arbitration Procedures

If twenty‑five (25) or more substantially similar arbitration demands are filed within ninety (90) days by or with the same counsel, the parties shall select ten (10) bellwether cases to be arbitrated first. Remaining cases are tolled pending the bellwethers. After the bellwethers conclude, the parties will engage in good‑faith mediation; unresolved claims proceed in sequential batches of ten (10). Arbitration fees for non‑bellwethers are due only as each batch proceeds.

23. Miscellaneous

• Entire Agreement — These Terms, together with the documents they reference (including the Privacy Policy, any DPA, and any applicable order forms or SOWs), constitute the entire agreement between you and SMBcrm regarding the Services.
• Severability — If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in full force and effect.
• No Waiver — Our failure to enforce any right or provision of these Terms is not a waiver of that right or provision.
• Assignment — You may not assign or transfer these Terms or your rights or obligations under them without our prior written consent. We may assign or transfer these Terms without restriction.
• Force Majeure — We will not be liable for any delay or failure in performance resulting from events beyond our reasonable control, including acts of God, labor disputes, power or internet failures, third‑party service interruptions, or governmental actions.
• Language — If we provide a translation of these Terms, the English‑language version will control to the extent of any conflict, except where prohibited by law.
• Affiliate and Agency Programs — If you participate in any SMBcrm affiliate, partner, or agency program, your participation may be subject to additional terms. In case of conflict, those program‑specific terms govern your participation in that program. If you create or manage sub‑accounts or otherwise resell or provision the Services to third parties, you must ensure each downstream user agrees to and complies with these Terms and our Acceptable Use Policy. You are responsible for all acts and omissions of your downstream users and sub‑accounts, and for all fees and usage they incur.
• Notices — Notices to you may be sent to the admin email address listed in your account and are deemed given when sent. Legal notices to SMBcrm must be sent to [email protected] and to: Leads 365 LLC d/b/a SMBcrm, 1530 E Williams Field Rd #201, Gilbert, AZ 85295, US.
• Survival — The following sections survive termination or expiration: 4 (to the extent of unpaid amounts and pass‑through charges), 6, 8, 10.4–10.5, 12–16, 18–23, 14.3, 4.6–4.8, and any other provisions that by their nature should survive.
• Export Compliance — You represent that you (and your End Customers) are not located in, and will not use the Services from, any jurisdiction embargoed by the U.S., and are not a denied party under U.S. or other applicable sanctions laws. You will not export, re‑export, or transfer the Services in violation of export‑control or sanctions laws.

24. Contact Information

SMBcrm / Leads 365 LLC

• Email: [email protected]
• Phone: (888) 609‑5276
• Address: 1530 E Williams Field Rd #201, Gilbert, AZ 85295, US
• Website: https://smbcrm.com

25. Copyright Policy (DMCA)

We respect intellectual property rights and respond to notices of alleged infringement consistent with the Digital Millennium Copyright Act (17 U.S.C. §512). We will remove or disable access to material alleged to be infringing and may terminate accounts of repeat infringers.

DMCA Agent: Legal Department, SMBcrm / Leads 365 LLC

• Email: [email protected]
• Phone: (888) 609‑5276
• Postal: 1530 E Williams Field Rd #201, Gilbert, AZ 85295, US

Notices must include the information required by §512(c)(3). Counter‑notifications must comply with §512(g). We will not respond to notices that fail to comply with the DMCA’s requirements.