Terms of Service

These Terms of Service (“Terms”) govern your access to and use of BMC CRM (the “Service”). By creating an account or using the Service, you agree to these Terms on behalf of yourself and the organization you represent (“you” or “Customer”). If you do not agree, do not use the Service.

1. The Service

BMC CRM is a business-to-business platform for managing contacts, leads, deals, and outreach across email, SMS, and calls, including optional AI-assisted features. We may update, add, or remove features over time. We may also suspend or discontinue parts of the Service, and will use reasonable efforts to notify you of material changes.

2. Accounts and eligibility

You must provide accurate registration information and keep your credentials confidential. You are responsible for all activity that occurs under your account and for your team members’ use of the Service. You must be at least 16 years old and able to form a binding contract to use the Service.

3. Acceptable use

You agree not to, and not to permit others to:

• Use the Service to send spam, malware, or unlawful, harassing, or deceptive content.
• Send messages to recipients without a lawful basis or required consent.
• Violate the acceptable-use or anti-spam policies of any connected email, SMS, or calling provider.
• Attempt to access, probe, or disrupt the Service or other customers’ data without authorization.
• Reverse engineer, resell, or use the Service to build a competing product, except as permitted by law.
• Infringe the intellectual property or privacy rights of others.

We may suspend or limit accounts that we reasonably believe violate these Terms or create risk or harm to the Service or others.

4. Your data and ownership

As between you and us, you own the contacts, leads, messages, and other content you import or create in the Service (“Customer Data”). You grant us a limited license to host, process, and transmit Customer Data solely to provide and support the Service. You are responsible for the accuracy, quality, and legality of Customer Data and for obtaining all rights and consents necessary for us to process it on your behalf.

5. Your compliance responsibilities

You are solely responsible for ensuring that your use of the Service—including all email, SMS, and calls you send through it—complies with all applicable laws and regulations. This includes, where applicable, the U.S. CAN-SPAM Act, the Telephone Consumer Protection Act (TCPA), state telemarketing and recording laws, the General Data Protection Regulation (GDPR), and other privacy and marketing laws. You are responsible for honoring opt-out and do-not-contact requests, maintaining required consent, and including accurate sender identification and unsubscribe mechanisms. We provide tools to help (such as unsubscribe links and do-not-contact suppression), but you remain the sender and the responsible party.

6. Third-party services

The Service integrates with third-party providers (for example, your email/SMS/calling providers and AI providers). Your use of those services is governed by their terms, and we are not responsible for their availability or actions. See our Privacy Policy for the sub-processors we use.

7. Disclaimer of warranties

The Service is provided “as is” and “as available” without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or secure, or that AI-generated output will be accurate or fit for any purpose. You are responsible for reviewing AI-generated content before relying on or sending it.

8. Limitation of liability

To the maximum extent permitted by law, BMC CRM and its suppliers will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising out of or related to your use of the Service. Our total aggregate liability for any claim relating to the Service will not exceed the greater of the amounts you paid us for the Service in the twelve months before the claim, or one hundred U.S. dollars (USD $100).

9. Indemnification

You agree to defend, indemnify, and hold harmless BMC CRM from and against any claims, damages, and expenses (including reasonable legal fees) arising out of your Customer Data, your messaging activity, or your violation of these Terms or applicable law.

10. Termination

You may stop using the Service and delete your account at any time from Profile → Delete account. We may suspend or terminate your access if you materially breach these Terms or if your use poses a risk to the Service or others. Upon termination, your right to use the Service ends and we will delete your account data as described in our Privacy Policy.

11. Governing law

These Terms are governed by the laws of [your jurisdiction], without regard to its conflict-of-laws rules, and the courts located in [your jurisdiction] will have exclusive jurisdiction over any dispute, except where prohibited by applicable law. (Placeholder — update with your governing law and venue before launch.)

12. Changes to these Terms

We may update these Terms from time to time. When we make material changes, we will update the “Last updated” date above. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

13. Contact us

Questions about these Terms? Contact us at support@bmccrm.app. (Placeholder address — update before launch.)