Terms of Service

1. Agreement to Terms

By accessing or using the Mako CRM platform at makocrm.so (the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service. If you are using the Service on behalf of a business or organization, you represent that you have the authority to bind that entity to these Terms.

2. Description of Service

Mako CRM is a customer relationship management platform designed for service-based businesses. The Service includes features for customer management, booking and scheduling, invoicing and payments, team management, classes and memberships, AI-powered tools, analytics, and related functionality. We may add, modify, or discontinue features at any time.

3. Accounts and Registration

You must create an account to use the Service. You agree to provide accurate and complete information, keep your login credentials secure, and notify us immediately of any unauthorized access. You are responsible for all activity that occurs under your account.

4. Subscription Plans and Billing

The Service offers a 14-day free trial that requires a credit card. After the trial, the Service is offered under subscription plans with varying features and limits (e.g., team member seats, customer records). Plan details and pricing are displayed on our pricing page. Subscriptions are billed on a monthly or annual basis through Stripe. By subscribing, you authorize us to charge your payment method on a recurring basis until you cancel.

You may cancel your subscription at any time through your account settings. If you cancel during the free trial, you will not be charged. After the trial, cancellation takes effect at the end of the current billing period. We do not provide refunds for partial billing periods unless required by applicable law.

5. Your Data

You retain ownership of all data you upload, create, or store in the Service ("Your Data"), including customer records, bookings, invoices, and files. You grant us a limited license to host, process, and display Your Data solely to provide and improve the Service.

You are responsible for the accuracy, legality, and appropriateness of Your Data. You must have all necessary rights and consents to store customer information in the Service and to send communications to your customers through our email and SMS features.

6. Acceptable Use

You agree not to:
- Use the Service for any unlawful purpose or to promote illegal activity
- Send unsolicited bulk messages (spam) through our email or SMS features
- Upload malicious code, viruses, or harmful content
- Attempt to gain unauthorized access to the Service or other users' accounts
- Interfere with or disrupt the Service's infrastructure
- Resell, sublicense, or redistribute the Service without our written consent
- Use the Service to harass, threaten, or abuse others
- Scrape, crawl, or extract data from the Service by automated means

We reserve the right to suspend or terminate your account if you violate these terms.

7. AI-Powered Features

The Service includes AI-powered features such as the AI Receptionist, business analytics, and smart suggestions. These features use third-party AI providers (including Google Gemini and ElevenLabs) to process data. AI outputs are provided for informational purposes and may not always be accurate. You are responsible for reviewing and verifying any AI-generated content before acting on it.

8. Third-Party Integrations

The Service integrates with third-party services including Stripe, Google Calendar, QuickBooks, Twilio, and others. Your use of these integrations is subject to the respective third party's terms and privacy policies. We are not responsible for the availability, accuracy, or practices of third-party services.

9. Customer Portal

The Service allows you to create a customer-facing portal where your customers can view appointments, invoices, memberships, and communicate with your business. You are responsible for your interactions with your customers through the portal and for ensuring compliance with applicable privacy and consumer protection laws.

10. Intellectual Property

The Service, including its design, code, features, and documentation, is owned by Mako CRM and protected by intellectual property laws. These Terms do not grant you any rights to our trademarks, logos, or brand assets. You may not copy, modify, or create derivative works of the Service.

11. Limitation of Liability

To the maximum extent permitted by law, Mako CRM and its officers, employees, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities, arising out of or related to your use of the Service. Our total liability for any claim arising under these Terms shall not exceed the amount you paid us in the twelve months preceding the claim.

12. Disclaimer of Warranties

The Service is provided "as is" and "as available" without warranties of any kind, whether express or implied. We do not guarantee that the Service will be uninterrupted, error-free, or secure. We disclaim all warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

13. Indemnification

You agree to indemnify and hold harmless Mako CRM and its officers, employees, and affiliates from any claims, losses, or damages (including legal fees) arising from your use of the Service, your violation of these Terms, or your violation of any third party's rights.

14. Account Termination

You may close your account at any time. We may suspend or terminate your account if you breach these Terms or if required by law. Upon termination, your right to use the Service ceases immediately. We will retain your data for a 30-day grace period to allow recovery, after which it will be permanently deleted.

15. Changes to Terms

We may modify these Terms at any time. We will notify you of material changes by posting the updated Terms on this page and updating the "Last updated" date. Your continued use of the Service after changes are posted constitutes acceptance of the updated Terms. If you do not agree with the changes, you should stop using the Service.

16. Governing Law

These Terms are governed by and construed in accordance with applicable federal and state laws of the United States. Any disputes arising under these Terms shall be resolved in a court of competent jurisdiction.

17. Contact Us

If you have questions about these Terms, contact us at support@makocrm.so.

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