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Terms of Service

Nuage Enterprise Inc. dba Communities CRM

1. Introduction & Acceptance of Terms

Nuage Enterprise Inc. dba Communities CRM (”Communities CRM,” “we,” “us,” “our”) provides cloud-based products and services under various domains, including but not limited to CommunitiesCRM.com, CommunitiesExperience.com, and any other websites, applications, or platforms we operate (collectively, the “Services”).

Acceptance of Terms

By creating an account, you are required to check a box explicitly stating:

✔️ “I agree to the Terms of Service & Privacy Policy.”

By checking this box, you legally agree to be bound by this Agreement and our Privacy Policy.

Additionally, you acknowledge and agree that continued access to or use of the Services—regardless of account creation—constitutes ongoing acceptance of this Agreement, including any updates.

If you do not agree to these Terms, you must immediately stop using all Services.

2. Description of Services

Communities CRM offers the following subscription plans (each a "Plan"):

  • Free CRM Plan – Basic CRM functionalities.
  • Growth Plan – Advanced CRM tools with additional integrations.
  • Managed Plan – Full CRM management with ad spend handling.
  • Whiteglove Plan – Premium CRM services with personalized support and marketing.

3. Payment, Taxes, and Refunds

Billing and Subscription Fees

  • Prepaid Licenses: All prepaid licenses are non-refundable.
  • Subscription Cancellations: If you are on a standard monthly subscription, you may cancel by providing written notice to [email protected] at least 10 days before your next renewal date to avoid charges for the next billing cycle.
  • Advertising Spend: If you request to cancel advertising, you will receive a prorated refund for unused days only after we confirm and pause your campaigns.
  • Add-Ons: Services such as ISA support, marketing credits, and similar add-ons are non-refundable.
  • Billing Disputes: Any billing or charge disputes must be submitted in writing to [email protected] and acknowledged by our support team.
Late Fees and Chargebacks
  • Late Fees: Overdue amounts are subject to 18% per annum interest, calculated monthly.
  • Chargebacks: A $50.00 processing fee applies for each chargeback received from a third-party payment provider.
Collections
  • If collection efforts become necessary, you agree to pay all associated costs, including collection agency fees, reasonable attorneys’ fees, and court costs.

4. Subscription and Cancellation

  • Automatic Renewal: Subscriptions renew automatically unless you provide written notice of cancellation at least 10 days before the renewal date.
  • Advertising Budget Changes: Amendments or cancellations to your advertising budget take effect in the next billing cycle upon written notice.

5. Account Responsibilities

  • Account Security: You are responsible for maintaining the confidentiality of your account credentials.
  • Unauthorized Use: You must notify Communities CRM immediately of any unauthorized account use.

6. Use of Services; Restrictions

Permitted Use
You are granted a non-exclusive, limited, revocable, personal, non-transferable license to use the Services.
Prohibited Activities
By using the Services, you agree NOT to:

  • Use the Services for any illegal, fraudulent, or deceptive activity.
  • Collect personal data without proper consent.
  • Send unsolicited commercial communications (spam).
  • Modify, reproduce, distribute, or create derivative works based on the Services without permission.
  • Interfere with or disrupt the integrity of the Services, including introducing viruses, worms, or malicious code.
  • Engage in activities that harm Nuage Enterprise Inc., its affiliates, or any other user.
Violations may result in immediate termination of your account and potential legal action.

7. Intellectual Property

  • License: You are granted a limited, non-exclusive, revocable license to access and use the Services as per this Agreement.
  • Restrictions: You may not copy, modify, or distribute any part of the Services without explicit permission.
  • User Content: Any content you submit using the Services may be used by Communities CRM for business and marketing purposes, provided it does not infringe third-party rights.

8. Privacy and Data Protection

  • Data Storage: Personal information may be transferred and stored outside of your jurisdiction, including in Canada and the U.S., in accordance with our Privacy Policy.
  • Data Usage: Communities CRM may process user data for advertising, analytics, and service improvement in compliance with relevant privacy laws.

9. Call Recording Consent

You acknowledge and agree that all phone calls with Communities CRM, including customer support and sales calls, may be recorded for quality assurance, training, and record-keeping purposes.

10. Limitation of Liability

THE SERVICES ARE PROVIDED “AS-IS” AND “AS-AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

  • Communities CRM disclaims all warranties, including merchantability, fitness for a particular purpose, and non-infringement.
  • Liability Cap: Our total liability to you shall not exceed the total amount you have paid to Communities CRM in the past 12 months.
  • No Liability for Damages: We are not liable for indirect, incidental, or consequential damages, including data loss, system failures, or business interruptions.

11. Indemnification

You agree to indemnify, defend, and hold harmless Nuage Enterprise Inc., its affiliates, and their respective directors, officers, employees, and agents from any and all claims, damages, and legal fees resulting from:

  • Your use of the platform.
  • Your violation of these Terms.
  • Your infringement on third-party rights.
  • Any fraudulent, illegal, or harmful actions conducted through your account.

12. Force Majeure

Communities CRM is not liable for any failure to perform due to causes beyond its reasonable control, including:

  • Acts of God (natural disasters, pandemics, extreme weather).
  • Government actions (regulations, trade restrictions).
  • Cyberattacks, power outages, supply chain failures.

13. Dispute Resolution

  • Mediation: Before legal action, both parties agree to attempt resolution through mediation.
  • Governing Law: This Agreement is governed by the laws of Quebec, Canada.
  • Jurisdiction: Any legal proceedings will be conducted in the courts located in Montreal, Quebec.

14. Termination Rights

Communities CRM reserves the right to suspend or terminate your account without prior notice if:

  • You violate these Terms.
  • Your actions may harm Communities CRM’s reputation or operations.
  • There is suspected fraudulent, illegal, or harmful behavior.

15. Modifications to Services and Terms

  • We may modify these Terms at any time.
  • Changes will be communicated via email or posted on our website.
  • Continued use of the Services constitutes acceptance of the modified terms.

16. Contact Information

For questions or concerns about this Agreement, contact:

Nuage Enterprise Inc. dba Communities CRM
📍 61 Majestic Point, Calgary, AB T3Z 2Z9, Canada
📧 [email protected].
📞 1 (888) 997-3860

17. Notice to Apple Users

  • These Terms are between you and Nuage Enterprise Inc., not Apple.
  • Apple is not responsible for the Services or any content therein.
  • You agree to comply with Apple’s App Store terms when using the Services.

18. Final Acknowledgment

By continuing to use the Services, you acknowledge and agree to these Terms. If you do not agree, you must stop using the Services immediately.