End User License Agreement (EULA)

This End User License Agreement ("Agreement") is a binding legal agreement between you (either an individual or a single entity, "You" or "User") and SalesFractal ("Company," "We," "Us," or "Our") governing your use of the SalesFractal CRM software and services (the "Service").

1. Acceptance of Terms

By accessing, downloading, installing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not agree to these terms, you must immediately cease all use of the Service.

2. License Grant

Subject to your compliance with this Agreement, SalesFractal grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes.

This license does not permit you to:

• Copy, modify, or create derivative works of the Service
• Reverse engineer, decompile, or disassemble the Service
• Remove or alter any proprietary notices or labels
• Rent, lease, lend, sell, sublicense, or transfer the Service to third parties
• Use the Service for any illegal or unauthorized purpose
• Attempt to gain unauthorized access to the Service or its related systems

3. User Accounts and Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Notify us immediately of any unauthorized access or security breach
• Be responsible for all activities conducted through your account

4. Acceptable Use Policy

You agree not to use the Service to:

• Violate any applicable laws, regulations, or third-party rights
• Transmit any malicious code, viruses, or harmful components
• Interfere with or disrupt the Service or servers/networks connected to the Service
• Collect or store personal data about other users without their consent
• Engage in any fraudulent, deceptive, or misleading activities
• Harass, abuse, or harm other users
• Impersonate any person or entity or misrepresent your affiliation

5. Data and Privacy

Your use of the Service is subject to our Privacy Policy, which is incorporated by reference into this Agreement. You acknowledge that:

• You own all data you submit to the Service ("User Data")
• You grant us a license to use User Data solely to provide and improve the Service
• You are responsible for the accuracy, quality, and legality of User Data
• You have obtained all necessary rights and consents for User Data

6. Intellectual Property Rights

The Service, including its design, structure, selection, coordination, expression, "look and feel," and arrangement of content, is protected by copyright, trademark, patent, trade secret, and other intellectual property laws. All rights, title, and interest in and to the Service remain with SalesFractal and its licensors.

7. Third-Party Integrations

The Service may integrate with third-party services, including QuickBooks Online. Your use of such third-party services is subject to their respective terms and conditions. We are not responsible for third-party services, and integration availability may change without notice.

8. Fees and Payment

If applicable, you agree to pay all fees associated with your use of the Service according to the pricing terms in effect at the time. Fees are non-refundable except as required by law. We reserve the right to modify our fees upon reasonable notice.

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that:

• The Service will meet your requirements or expectations
• The Service will be uninterrupted, timely, secure, or error-free
• Any errors or defects will be corrected
• The Service is free of viruses or other harmful components

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SALESFRACTAL, 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, RESULTING FROM:

• Your access to or use of or inability to access or use the Service
• Any conduct or content of any third party on the Service
• Any unauthorized access, use, or alteration of your transmissions or content
• Any bugs, viruses, or harmful code transmitted through the Service

Our total liability to you for all claims arising from or related to this Agreement shall not exceed the amount you paid us in the twelve (12) months preceding the claim, or $100, whichever is greater.

11. Indemnification

You agree to indemnify, defend, and hold harmless SalesFractal and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

• Your violation of this Agreement
• Your violation of any law or rights of any third party
• Your use or misuse of the Service
• Your User Data

12. Term and Termination

This Agreement begins when you first access the Service and continues until terminated. We may suspend or terminate your access to the Service at any time, with or without cause, with or without notice, for any reason including violation of this Agreement.

Upon termination:

• Your license to use the Service immediately ceases
• You must cease all use of the Service
• We may delete your User Data subject to our data retention policies
• Sections that by their nature should survive termination shall survive

13. Modifications to the Service and Agreement

We reserve the right to modify, suspend, or discontinue the Service at any time without notice. We may also modify this Agreement by posting an updated version on our website. Your continued use of the Service after such modifications constitutes acceptance of the modified Agreement.

14. Export Compliance

The Service may be subject to U.S. export control laws and regulations. You agree to comply with all applicable export and re-export restrictions, including the Export Administration Regulations maintained by the U.S. Department of Commerce.

15. Governing Law and Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the United States and the state in which SalesFractal maintains its principal place of business, without regard to conflict of law principles.

Any dispute arising from this Agreement shall be resolved through:

• First, good faith negotiations between the parties
• If unresolved, binding arbitration in accordance with the American Arbitration Association rules
• The arbitration shall be conducted in English and take place in the United States
• Each party shall bear its own costs and expenses

You agree to waive any right to participate in class action lawsuits or class-wide arbitration.

16. Miscellaneous

Entire Agreement: This Agreement, including the Privacy Policy, constitutes the entire agreement between you and SalesFractal regarding the Service.

Severability: If any provision is found invalid or unenforceable, the remaining provisions shall continue in full force and effect.

Waiver: No waiver of any provision shall be deemed a further or continuing waiver of such provision or any other provision.

Assignment: You may not assign this Agreement without our prior written consent. We may assign this Agreement at any time.

Force Majeure: We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control.

Electronic Communications: You consent to receive communications from us electronically, and you agree that such communications satisfy any legal requirements for written communications.

17. Accessibility

We are committed to ensuring that the Service is accessible to all users, including those with disabilities. If you experience any difficulty accessing any part of the Service, please contact us at hello@salesfractal.com.

18. Contact Information

If you have any questions about this Agreement, please contact us at: