ZachCRM Terms of Service

Last Updated: April 15, 2026

These Terms of Service, together with any Order Form, subscription plan details, Privacy Notice, Acceptable Use Policy, Data Processing Addendum, and any product-specific terms that reference these Terms, form a binding agreement between ZachCRM LLC dba ZachCRM ("ZachCRM," "we," "us,") and the customer accepting these Terms ("Customer," "you").

By accepting, creating an account, signing an Order Form, accessing, or using the Services, you agree to this Agreement. If you accept on behalf of an entity, you represent you have authority to bind that entity and its affiliates that use the Services.

1. Definitions

For purposes of this Agreement:

• Account: The ZachCRM account registered by or for Customer.
• Administrator: A User designated by Customer with admin rights over billing, settings, integrations, permissions, and data access.
• Affiliate: An entity that directly or indirectly controls, is controlled by, or is under common control with a party.
• Agreement: These Terms, any Order Form, incorporated policies, and applicable product-specific terms.
• Aggregated Data: De-identified, aggregated data derived from Service use that does not identify Customer, Users, or natural persons.
• Authorized User or User: A person authorized by Customer to use the Services.
• Beta Services: Any preview, pilot, early access, test, or similar features.
• Confidential Information: Non-public information designated or reasonably understood as confidential, subject to stated exclusions.
• Customer Data: Data submitted to, stored in, transmitted through, or otherwise made available to the Services by or for Customer or Users.
• Documentation: User guides and technical/product materials made available by ZachCRM.
• Order Form: Any accepted ordering instrument setting service and commercial terms.
• Services: ZachCRM SaaS platform, websites, apps, APIs, communications features, templates, automations, AI features, integrations, support, and related offerings.
• Service Data: Usage, telemetry, logs, analytics, and operational metadata.
• Subscription Term: Initial and renewal term for purchased Services.
• Third-Party Services: Products/services not owned or controlled by ZachCRM.
• ZachCRM Materials: ZachCRM software, IP, templates, workflows, models, and related materials excluding Customer Data.

2. Eligibility and Scope of Use

2.1 Business Use Only

The Services are offered for business and commercial use only, not personal or household use.

2.2 Minimum Age and Authority

You must be at least 18 and legally able to enter this Agreement.

2.3 Authorized Users

Customer may allow Authorized Users to use Services for internal business purposes only, subject to plan limits.

2.4 Administrator Control

Customer is responsible for selecting Administrators and managing permissions. ZachCRM may rely on Administrator instructions.

3. License Grant and Restrictions

3.1 Limited License

During the Subscription Term and subject to payment, ZachCRM grants a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to use Services for internal business operations.

3.2 Restrictions

Customer will not (and will not permit others to):

• Resell, sublicense, rent, lease, or otherwise make Services available to third parties except Authorized Users.
• Reverse engineer, decompile, disassemble, or derive source code except where prohibited by law.
• Use Services to build or train competing products or for public competitive benchmarking.
• Scrape or mass-download data except through authorized features/APIs.
• Use Services in violation of law, privacy/telemarketing/spam requirements, MLS rules, or other regulations.
• Bypass security controls, access controls, credentials, rate limits, or usage restrictions.
• Upload malware or unlawful, abusive, deceptive, infringing, threatening, or fraudulent content.
• Send unlawful robocalls, unlawful texts, spam, or communications without required consent.
• Interfere with Service integrity, performance, or availability.

3.3 Account Security

Customer is responsible for credential security and prompt notice of unauthorized access or compromise.

3.4 Fair Use and System Protection

ZachCRM may impose reasonable usage guardrails and require plan changes or usage adjustments where needed.

4. Orders, Subscriptions, Renewals, and Changes

4.1 Orders

Services may be purchased via self-serve flows or Order Forms, which are incorporated into this Agreement.

4.2 Subscription Term and Auto-Renewal

Unless otherwise stated, subscriptions auto-renew for periods equal to the initial term unless canceled before renewal. Monthly plans must be canceled before the next billing date; annual plans at least 30 days before term end.

4.3 Plan Changes

Upgrades/add-ons may take effect during term; downgrades/seat reductions generally take effect at renewal unless stated otherwise.

4.4 Service Changes

ZachCRM may modify or discontinue features and will use commercially reasonable efforts to avoid material reduction of paid core functionality during active terms, subject to legal, security, infrastructure, or dependency constraints.

5. Fees, Billing, Taxes, and Payment Terms

5.1 Fees

Customer pays all fees in applicable order/plan terms, generally in USD.

5.2 Payment Authorization

Providing a payment method authorizes charges for fees, taxes, overages, add-ons, and other amounts due.

5.3 Billing Cycle

Subscription fees are generally billed in advance (monthly or annual). Usage and overages may be billed in arrears.

5.4 No Refunds

Except as expressly provided or required by law, fees are non-cancelable and non-refundable, including unused periods/features or early termination amounts.

5.5 Price Changes

Pricing and usage thresholds may change with notice; recurring subscription increases apply no earlier than renewal unless tied to taxes, pass-throughs, usage fees, or new add-ons.

5.6 Late Payments

Overdue amounts may incur up to 1.5% monthly interest (or legal max), collection costs, and service suspension.

5.7 Taxes

Fees exclude taxes other than taxes on ZachCRM net income. Customer is responsible for applicable taxes on purchases/use.

5.8 Billing Disputes

Fee disputes must be submitted in writing within 30 days of invoice date.

6. Customer Responsibilities and Compliance

6.1 General Responsibility

Customer is responsible for all activity under its Account.

6.2 Legal and Regulatory Compliance

Customer must comply with applicable laws and regulations including privacy, data protection, communication, fair housing, accessibility, and real estate obligations.

6.3 Communications Compliance

Customer is solely responsible for required notices, consents, opt-ins/outs, suppression lists, and honoring unsubscribe/do-not-call requests.

6.4 Customer Content and Messaging

Customer is solely responsible for legality, quality, and accuracy of Customer Data, communications, templates, and outputs.

6.5 Prohibited Data

Unless expressly authorized in writing, do not store regulated/highly sensitive categories such as PCI data, HIPAA PHI, SSNs, passport/license IDs, biometrics, or specially restricted data types.

6.6 Backup and Retention

Customer is responsible for maintaining external backups and exporting data before cancellation/termination.

7. Customer Data

7.1 Ownership

Customer retains ownership of Customer Data.

7.2 License to ZachCRM

Customer grants ZachCRM and subprocessors a license to process Customer Data as needed to provide, secure, support, and enforce Services and comply with law.

7.3 Aggregated and De-Identified Data

ZachCRM may use Service Data and Aggregated Data for lawful business purposes, including analytics and system/model improvements, provided natural persons are not identified.

7.4 Customer Instructions and Personal Data

Where required, parties may execute a separate Data Processing Addendum.

7.5 Data Location and Transfers

Customer authorizes data transfer, processing, and storage in jurisdictions where ZachCRM and providers operate, subject to law and applicable DPA.

8. Privacy, Security, and Incidents

8.1 Privacy Notice

Use of Services is subject to the Privacy Notice.

8.2 Security Measures

ZachCRM maintains commercially reasonable safeguards to protect Customer Data.

8.3 No Absolute Security Guarantee

Customer acknowledges no system is perfect and Services are not guaranteed uninterrupted, error-free, or immune to unauthorized access.

8.4 Security Incidents

If ZachCRM confirms unauthorized access to Customer Data from a breach of ZachCRM systems, ZachCRM will notify Customer as required by law and take commercially reasonable remediation steps.

9. AI Features and Automated Outputs

9.1 AI Features

Services may include AI-enabled capabilities such as summarization, transcription, drafting, classification, recommendations, analytics, scoring, forecasting, and content generation.

9.2 AI Output Disclaimer

AI output may be incomplete, inaccurate, biased, outdated, or unsuitable. Customer must review and approve all AI outputs before relying on them.

9.3 No Professional Advice

Services and AI outputs are not legal, tax, accounting, appraisal, title, lending, brokerage, compliance, fair housing, inspection, or other professional advice.

9.4 AI Providers

ZachCRM may use third-party AI providers and may submit customer inputs as necessary to provide AI features, subject to applicable policies.

9.5 AI Training

Unless expressly stated otherwise, ZachCRM will not use Customer Data that identifies Customer or a natural person to train generalized models for unrelated customers.

10. Integrations and Third-Party Services

10.1 Third-Party Services

Third-party use is governed by the third party's own terms and privacy policies.

10.2 No Responsibility for Third Parties

ZachCRM is not responsible for third-party availability, security, functionality, legality, changes, or damages arising from third-party systems.

10.3 Carrier and Delivery Limitations

Email/SMS/voice delivery and formatting are dependent on third-party carriers and are not guaranteed.

10.4 MLS and Data Source Restrictions

Customer is solely responsible for compliance with data licenses, IDX/VOW rules, attribution rules, and source-specific restrictions.

11. Beta Services, Free Trials, and Free Features

11.1 Beta Services

Beta features are optional and may be modified or discontinued at any time.

11.2 As-Is Beta Services

Beta and free features are provided as-is and as-available without warranties, service commitments, uptime commitments, or data preservation obligations.

11.3 Free Trials

Free trials may be terminated at any time and data entered during trial/free use may be lost unless Customer upgrades and exports data before trial end.

12. Support, Availability, and Maintenance

12.1 Support

Unless otherwise stated in an Order Form, support is commercially reasonable through standard channels and hours.

12.2 No Service Level Commitment

No uptime/response/service-credit commitments apply under these self-serve terms unless separately agreed in writing.

12.3 Maintenance

ZachCRM may perform scheduled or emergency maintenance that may temporarily affect availability.

13. Intellectual Property Rights

13.1 Ownership by ZachCRM

ZachCRM and licensors retain ownership of ZachCRM Materials, Services, Documentation, Service Data, and Aggregated Data.

13.2 Reservation of Rights

Only rights expressly granted to Customer are provided.

13.3 Feedback

ZachCRM may use feedback without restriction, compensation, or further obligation.

13.4 Customer Marks and Content

Customer grants a limited license for operational use of customer branding; public marketing use requires customer consent unless otherwise agreed.

14. Confidentiality

14.1 Use and Protection

Receiving party may use Confidential Information only to exercise rights or perform obligations and must use at least reasonable care.

14.2 Permitted Disclosures

Disclosure is allowed to personnel and service providers with need-to-know and protective confidentiality obligations.

14.3 Compelled Disclosure

Disclosure required by law is permitted, with prompt notice where legally allowed and cooperation on protective measures.

15. Suspension Rights

ZachCRM may suspend or restrict access immediately, with or without notice, where there is suspected agreement breach, legal/security risk, abuse, non-payment, third-party requirements, or legal prohibition. ZachCRM will use commercially reasonable efforts to limit and restore suspension where practical.

16. Term and Termination

16.1 Term

This Agreement begins upon acceptance/use and continues until all Subscription Terms expire or terminate.

16.2 Termination for Cause

Either party may terminate for material breach not cured within 30 days after notice. ZachCRM may terminate immediately for unlawful conduct, security risk, misuse, IP violations, or repeated payment failures.

16.3 Termination for Insolvency

Either party may terminate for insolvency-type proceedings not dismissed within 60 days.

16.4 Termination by Customer

Customer may terminate via account cancellation or written notice effective at end of current term unless otherwise stated.

16.5 Effect of Termination

Upon termination, access ends, accrued/committed fees remain due (as legally permitted), usage must stop, confidential information must be returned/destroyed on request, and account/data may be disabled or deleted under retention practices.

16.6 Data Retrieval After Termination

Unless otherwise required or agreed, ZachCRM may provide export access for up to 30 days after paid subscription end, then may delete data without liability while retaining archive copies for lawful purposes.

17. Warranties and Disclaimers

17.1 Mutual Authority Warranty

Each party warrants authority to enter this Agreement.

17.2 Limited Service Warranty

During paid terms, Services will materially perform as described in Documentation under normal authorized use. Exclusive remedy is repair/replacement or termination of affected subscription with prorated refund if not cured in reasonable time.

17.3 Disclaimer

EXCEPT AS EXPRESSLY STATED, SERVICES, BETA/FREE FEATURES, TRIALS, DOCUMENTATION, TEMPLATES, COMMUNICATION TOOLS, AI FEATURES, OUTPUTS, INTEGRATIONS, SUPPORT, AND RELATED MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, OR UNINTERRUPTED AVAILABILITY.

18. Limitation of Liability

18.1 Cap on Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ZACHCRM'S AGGREGATE LIABILITY FOR CLAIMS RELATING TO THIS AGREEMENT OR SERVICES IS CAPPED AT FEES PAID OR PAYABLE FOR THE SERVICES GIVING RISE TO THE CLAIM IN THE 12 MONTHS BEFORE THE EVENT. FOR FREE TRIAL/FREE PERIOD CLAIMS, THE CAP IS US $100.

18.2 Excluded Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ZACHCRM IS NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS, REVENUE, GOODWILL, DATA, BUSINESS OPPORTUNITY, BUSINESS INTERRUPTION, OR SUBSTITUTE SERVICES.

18.3 Specific Exclusions

ZachCRM is not liable for, among other things, customer consent failures, customer communications/content, decisions based on outputs, third-party services, message non-delivery/filtering, data not backed up/exported, or unauthorized access caused by customer systems/credentials/users.

18.4 Basis of the Bargain

The parties agree these limitations are a material basis of the pricing and agreement.

19. Indemnification

19.1 Customer Indemnity

Customer will defend and indemnify ZachCRM and related parties against third-party claims arising from customer data/content/communications, legal noncompliance, consent failures, business activities, third-party integration use, or IP-rights allegations tied to customer materials.

19.2 Procedure

ZachCRM will give prompt notice. Customer controls defense but cannot settle in ways that admit ZachCRM liability or impose obligations without ZachCRM consent.

19.3 No ZachCRM Indemnity Under Self-Serve Terms

Unless expressly stated in an Order Form, ZachCRM has no indemnity obligation to Customer under these self-serve terms.

20. Dispute Resolution, Governing Law, and Venue

20.1 Governing Law

Texas law governs this Agreement, excluding conflict-of-law principles.

20.2 Informal Resolution

Before formal proceedings, parties will attempt good-faith resolution with written notice and at least 30 days of discussions.

20.3 Binding Arbitration

Except for enumerated carve-outs (such as nonpayment, injunctive relief, or small claims), disputes are resolved by final binding AAA commercial arbitration in Travis County, Texas, in English, before one arbitrator.

20.4 Class Action Waiver

Claims must be brought only in an individual capacity, not as part of class, collective, representative, or private attorney general proceedings.

20.5 Jury Trial Waiver

Each party waives jury trial rights to the maximum extent permitted by law.

21. Compliance Matters

21.1 Export Controls and Sanctions

Customer will not use Services in violation of export/sanctions/trade laws and represents Customer/Users are not in restricted jurisdictions or on denied-party lists.

21.2 Anti-Corruption

Customer will not use Services in connection with unlawful bribes, kickbacks, or corrupt payments.

21.3 Government Use

Government use is subject to this Agreement unless prohibited by law or separately agreed terms.

22. Changes to the Agreement

ZachCRM may modify this Agreement and provide notice by email, in-service notice, or website posting. Unless a different effective date is stated, changes take effect when posted. Continued use after effective date constitutes acceptance.

23. Miscellaneous

• 23.1 Entire Agreement: This Agreement is the complete and exclusive agreement regarding Services.
• 23.2 Order of Precedence: Order Forms control conflicting commercial terms; DPAs control conflicting personal-data processing terms in scope.
• 23.3 Assignment: Customer may not assign without consent; ZachCRM may assign to affiliates or in reorganizations/asset sales.
• 23.4 Subcontractors: ZachCRM may use affiliates and providers to perform Services.
• 23.5 Relationship of Parties: Parties are independent contractors.
• 23.6 No Third-Party Beneficiaries: None except as expressly stated.
• 23.7 Force Majeure: Neither party is liable for delays/failures from events beyond reasonable control.
• 23.8 Notices: Notices must be in writing. ZachCRM may notify by email/service/website. Customer legal notices: legal@zachcrm.com.
• 23.9 Waiver and Severability: Non-enforcement is not waiver; unenforceable terms are narrowed and remaining terms survive.
• 23.10 Electronic Communications and Signatures: Electronic records and signatures have legal effect.
• 23.11 Survival: Terms that should survive expiration/termination continue in effect.