Legal

Terms of Service

Effective date: November 4, 2026 · Last updated: November 4, 2026

Test version. This page is a draft published for testing. It is not yet in effect and does not create a binding agreement. The final Terms will replace it.

Please read these Terms carefully. They include a binding arbitration agreement and a class-action waiver (section 22), which affect how disputes are resolved, and they limit our liability (sections 17 and 18). MarginCRM is a service for businesses; it is not offered to consumers. A short summary appears at the start of some sections for convenience; the full text of each section is what governs.

1. Acceptance and who may agree

These Terms of Service (the “Terms”) are an agreement between [COMPANY LEGAL NAME], a [STATE] [ENTITY TYPE] doing business as MarginCRM (“MarginCRM,” “we,” “us” or “our”), and the business or organization that creates or uses a MarginCRM account (“Customer,” “you” or “your”). They govern your access to and use of the MarginCRM application at login.margincrm.com, its application programming interface (API), mobile and offline features, and related services (together, the “Service”), and the website at margincrm.com.

You accept these Terms by creating an account, clicking to accept them, signing an order that references them, or using the Service. If you accept on behalf of a company or other organization, you represent that you have the authority to bind it, and “you” means that organization. If you do not have that authority, or do not agree, do not use the Service.

The Service is for business and professional use only. You represent that you are at least 18 years old and are not using the Service as a consumer for personal, family or household purposes. You may not use the Service if you are barred from doing so under the laws of the United States or any other applicable jurisdiction, including export control and sanctions laws, or if you are a direct competitor of MarginCRM using it to build or benchmark a competing product.

2. Definitions

  • Organization: the account workspace you create in the Service, which holds your users and data.
  • User: an individual you allow to use the Service under your Organization, such as an employee or contractor. Each User counts as a seat.
  • Customer Data: data and content you or your Users submit to the Service, including records, contacts, emails, messages, files and the personal data of your own customers and contacts.
  • Plan: the subscription level you choose (currently Free, Pro or Enterprise), with the limits and features described on our pricing page and in the Service.
  • Third-Party Service: any product, platform or service not provided by MarginCRM that you connect to or use with the Service.
  • Order: any online checkout, subscription selection or signed order form for a paid Plan.

3. Accounts and security

You must give accurate, complete and current registration and billing information and keep it up to date. The person who creates an Organization becomes its first administrator. Administrators control who has access to the Organization, what each User can see and do, and the Organization's settings, integrations and data.

You are responsible for all activity under your Organization and your Users' accounts, including activity by API keys, integrations and automations you set up, and for your Users' compliance with these Terms. Keep passwords, API keys and other credentials confidential; each login is for one individual and may not be shared. We strongly recommend two-factor authentication. Tell us promptly at legal@margincrm.com if you learn of any unauthorized access to your account. We are not liable for loss or damage caused by your failure to protect your credentials.

If you ask our support staff for help, you may grant them temporary access to your Organization through the Service's support access feature. Support access is limited, logged and may be revoked by you at any time.

4. Plans, free use and trials

The Free Plan is offered at no charge with the limits shown on our pricing page (currently up to 3 Users, 2,500 records and 1 GB of file storage, without paid features such as the API, webhooks, campaigns, messaging channels and the AI assistant). Paid Plans (Pro and Enterprise) add higher limits and features as described on the pricing page. Plan limits are enforced by the Service; if you go over a limit, for example after a downgrade, your existing data is kept but you may not be able to add more until you are back within the limit or upgrade.

We may offer free trials, promotional credits or beta features. They are provided as is, may be changed or ended at any time, and, unless we say otherwise in writing, end in the Organization moving to the Free Plan rather than an automatic charge. Beta, preview or “early access” features are not part of the Service commitments in these Terms and may never become generally available.

We may change, discontinue or limit the Free Plan, and may remove inactive Free Organizations after giving at least 30 days' notice to their administrators.

5. Subscriptions, billing and taxes

Fees and payment

Paid Plans are priced per User (seat) and billed in advance in US dollars, monthly or yearly as you choose at checkout. A yearly subscription is billed for the full 12 months at the start of each yearly term. Payments are processed by our payment processor, Stripe, and your payment details are given to Stripe, not stored by MarginCRM; Stripe's own terms and privacy policy apply to that processing. You authorize us and Stripe to charge your payment method for all fees when due, including for renewals and for Users you add.

Automatic renewal

Paid subscriptions renew automatically at the end of each billing period for another period of the same length, and your payment method will be charged the then-current price, unless you cancel before the renewal date.

You can cancel at any time from Setup → Billing in the Service or by contacting us. Cancellation takes effect at the end of the current billing period; you keep paid features until then, after which the Organization moves to the Free Plan.

Seats and changes

Adding Users or upgrading during a billing period may be charged on a prorated basis. Removing Users or downgrading takes effect as Stripe applies it to your subscription and does not result in a refund of amounts already paid.

Price changes

We may change our prices. Price changes apply from your next renewal after we give you at least 30 days' notice by email or in the Service. If you do not agree to the new price, you may cancel before it takes effect.

No refunds

All fees are non-refundable and non-cancellable once paid, except where applicable law requires otherwise or where we expressly agree in writing. There are no refunds or credits for partial billing periods, unused seats, downgrades or periods in which the Service was not used. Any refund we choose to give in one case does not oblige us to do so in another.

Late or failed payment

If a payment fails, we and Stripe may retry it. If an amount is still unpaid after a grace period, the Organization moves to the Free Plan (data is kept, paid features stop) and we may suspend the account under section 19. Overdue amounts may accrue interest at 1.5% per month or the highest rate allowed by law, whichever is lower, and you are responsible for reasonable costs of collection.

Taxes

Fees do not include taxes. You are responsible for all sales, use, value-added, goods and services, withholding and similar taxes and duties related to your purchase, other than taxes on our net income. Where we are required to collect them, they will be added to your invoice.

Billing disputes

You must tell us about any billing error within 60 days of the charge, or you waive the right to dispute it. Please contact us before filing a chargeback; an unjustified chargeback is a breach of these Terms.

6. Acceptable use

You will not, and will not allow anyone else to:

  • use the Service in violation of any law or regulation, or to store, send or process data you do not have the right to use;
  • upload or send content that is unlawful, defamatory, harassing, threatening, obscene, fraudulent, deceptive, or that infringes anyone's intellectual property, privacy or publicity rights;
  • send spam, unsolicited bulk messages, or messages to purchased, rented, scraped or harvested lists, or otherwise break the rules in section 7;
  • upload malware or use the Service for phishing, credential harvesting or other malicious activity;
  • probe, scan or test the vulnerability of the Service, or breach or circumvent its security, authentication, plan limits, rate limits or usage controls, except with our prior written permission;
  • access the Service by automated means (such as bots, scrapers or crawlers) other than through our documented API and integrations, or scrape data from it;
  • reverse engineer, decompile, disassemble or try to derive the source code of the Service, except to the extent applicable law expressly allows despite this restriction;
  • copy, modify, frame or create derivative works of the Service, or use it to build a competing product;
  • sell, resell, rent, lease, sublicense or provide the Service to third parties as a service bureau, except as we agree in writing;
  • interfere with or disrupt the Service or other customers' use of it, or place an unreasonable load on our infrastructure;
  • store or process highly sensitive data the Service is not designed for, such as full payment card numbers, bank account passwords, government identification numbers or, unless section 9 is satisfied, protected health information;
  • use the Service to make decisions that produce legal or similarly significant effects about individuals (such as credit, employment, housing or insurance eligibility) without the human review and notices the law requires.

We may remove content or disable features that we reasonably believe break this section, and may report illegal activity to the authorities.

7. Email, SMS, calls and messaging

The Service lets you send email campaigns, sequences and individual emails, text messages, calls, WhatsApp and Instagram messages. You are the sender of every message you send through the Service, and you are solely responsible for complying with all laws that apply to it, including the CAN-SPAM Act, the Telephone Consumer Protection Act (TCPA) and its consent, calling-hour and do-not-call rules, state telemarketing and texting laws, Canada's Anti-Spam Legislation (CASL), the EU and UK ePrivacy rules, and the policies of carriers and messaging platforms.

In particular, you will:

  • obtain and keep records of any consent the law requires before sending marketing email, texts or calls, or using automated dialing or prerecorded messages;
  • identify yourself as the sender, include a valid physical address where required, and honor unsubscribe and opt-out requests promptly (the Service adds unsubscribe links to campaigns; do not remove or obscure them);
  • not send to addresses or numbers you obtained without permission, and not send messages with false or misleading headers or subject lines;
  • keep bounce and complaint rates within the limits set by us and our providers.

We may pause sending, limit volume or suspend messaging features if we see high bounce, complaint or opt-out rates, or a risk to our sending reputation or to the providers we rely on. You will indemnify us for claims arising from messages you send (section 18).

8. Customer data

Ownership

As between you and us, you own Customer Data. You grant MarginCRM a worldwide, non-exclusive, royalty-free license to host, copy, process, transmit and display Customer Data only as needed to provide, secure, support and improve the Service, to prevent abuse, and as required by law. We do not sell Customer Data, and we do not use it to train artificial intelligence models.

Your responsibilities

You are responsible for the accuracy, quality and legality of Customer Data and for how you obtained it. You represent and warrant that you have all rights, consents and legal bases needed to upload Customer Data to the Service and to have us process it under these Terms, and that doing so does not violate any law or anyone's rights. You are responsible for your own compliance with privacy and data protection laws that apply to you as the business controlling the data, including the EU and UK General Data Protection Regulation (GDPR), the California Consumer Privacy Act as amended (CCPA/CPRA) and other state privacy laws, including giving notices to the people whose data you store and responding to their requests. The Service includes tools to help, such as data export, access requests and erasure, but using them correctly is your responsibility.

Our role

For personal data in Customer Data, we act as your processor (or service provider) and process it on your instructions, which are these Terms and your use of the Service. Where the law requires a written data processing agreement, contact us and we will provide one. We protect Customer Data with the administrative, technical and physical safeguards described on our security page, which we may update as long as we do not materially reduce overall protection. Customer Data is hosted on Amazon Web Services in the United States.

Usage data

We may collect and use data about how the Service is used (such as feature usage, performance and error data) to operate, secure and improve the Service, and may use aggregated or de-identified data that does not identify you, your Users or any individual for any lawful purpose.

Backups and loss

We keep backups for disaster recovery, but the Service is not a replacement for your own records. You are responsible for exporting and keeping copies of any Customer Data you need. To the extent permitted by law, we are not responsible for Customer Data that is lost, corrupted or deleted by you, your Users, your integrations or automations.

9. Health information (HIPAA)

You must not upload, store or send protected health information (PHI), as defined under the Health Insurance Portability and Accountability Act of 1996 and its regulations (HIPAA), to the Service unless you and MarginCRM have both signed a Business Associate Agreement (BAA). We do not offer a BAA by default and none is created by these Terms, by choosing a Plan, or by turning on patient-data features in the Service.

Unless a signed BAA is in place, MarginCRM is not your business associate, makes no promise that your use of the Service complies with HIPAA, and has no responsibility for any PHI you upload. You are solely responsible for any PHI you upload in breach of this section and will indemnify us for claims arising from it. If we learn that PHI has been uploaded without a BAA, we may delete it or suspend the affected features.

10. Third-party services and integrations

The Service can connect to Third-Party Services you choose, including Google and Microsoft email and calendar, Twilio (calls and text messages), Meta (WhatsApp and Instagram), Zapier and Make, Slack and Microsoft Teams, Stripe (for subscriptions and for your own online payments), Anthropic (for AI features), and other CRMs you import from.

  • Third-Party Services are provided by their own companies under their own terms and privacy policies, which you are responsible for reading and accepting. Your relationship with them is between you and them.
  • By connecting one, you authorize us to exchange Customer Data with it as needed for the integration to work. We are not responsible for how a Third-Party Service uses, stores or protects data once it has it.
  • We do not control, endorse or warrant Third-Party Services, and are not responsible for their availability, accuracy, security, fees, or any change, suspension or discontinuation of them or of their APIs, which may cause an integration to stop working without notice.
  • Fees charged by Third-Party Services (for example, Twilio usage or Stripe processing fees on your payments) are yours and are separate from your MarginCRM subscription.

11. AI features

Some Plans include an AI assistant that can summarize records, draft emails and review deal risks. AI features are provided by third-party model providers. When you use them, the relevant Customer Data is sent to that provider to generate a response; data marked as patient data is excluded. You may also connect your own provider key, in which case your agreement with that provider also applies.

AI output is generated automatically and may be inaccurate, incomplete, out of date, biased or inappropriate. It is not professional, legal, financial, medical or other advice. The assistant only proposes actions; a person must review and approve them. You are responsible for reviewing all AI output before relying on it, sending it or acting on it, and for the results of doing so. Similar prompts may produce different output, and output given to you may be similar to output given to others. We make no warranty about AI output, and AI features may be changed, limited or turned off at any time.

12. Online payments to you

If you use the Service to send invoices or collect payments from your own customers, you do so using your own payment provider account (such as your own Stripe account) and under that provider's terms. MarginCRM is not a payment processor, money transmitter, bank or party to those transactions, never holds your funds, and is not responsible for chargebacks, refunds, fraud, fees, tax obligations or disputes between you and your customers. You are responsible for your invoices being accurate and lawful.

13. Intellectual property and feedback

The Service, the website and everything in them other than Customer Data, including software, designs, text, graphics, logos and the MarginCRM name, are owned by MarginCRM or its licensors and protected by intellectual property laws. Subject to these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right during your subscription for your Users to access and use the Service for your internal business purposes. All rights not expressly granted are reserved.

If you or your Users give us suggestions, ideas, feature requests or other feedback, we may use it for any purpose without restriction or payment to you, and it is not your confidential information.

Unless you tell us otherwise in writing, we may identify you as a customer by name and logo in our marketing materials. You may withdraw this permission at any time by emailing us.

14. Confidentiality

Each party may receive non-public information from the other that is marked confidential or that a reasonable person would understand to be confidential (“Confidential Information”). Customer Data is your Confidential Information; non-public details about the Service, its pricing and security are ours. The receiving party will use the other's Confidential Information only to perform under these Terms, protect it with at least reasonable care, and disclose it only to its employees, contractors and advisers who need to know it and are bound by similar duties. Confidential Information does not include information that is or becomes public through no fault of the receiving party, was known to it without restriction, is independently developed, or is rightfully received from a third party. A party may disclose Confidential Information when required by law or legal process, after giving the other party reasonable notice where legally allowed.

15. Availability, support and changes to the Service

We work to keep the Service available and secure, but we do not guarantee any level of uptime or availability, and these Terms include no service-level agreement unless one is signed separately. The Service may be unavailable because of planned maintenance, emergency fixes, failures of hosting or network providers, or events outside our control. Support is provided by email on a reasonable-efforts basis.

We continually change the Service. We may add, change or remove features, limits and integrations at any time. If we remove a material feature of a paid Plan that you are actively using, we will give reasonable advance notice where practical.

16. Disclaimer of warranties

The Service, the website, AI output, integrations and all related materials are provided “as is” and “as available,” with all faults. To the fullest extent permitted by law, MarginCRM and its affiliates, licensors and suppliers disclaim all warranties, express, implied or statutory, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy and quiet enjoyment, and any warranties arising from course of dealing or usage of trade. We do not warrant that the Service will be uninterrupted, timely, secure or error-free, that data will not be lost, that defects will be corrected, or that the Service or its results will meet your requirements or help you comply with any law.

Some jurisdictions do not allow certain warranty disclaimers, so some of the above may not apply to you; in that case they apply to the greatest extent allowed.

17. Limitation of liability

To the fullest extent permitted by law: (a) in no event will MarginCRM or its affiliates, officers, employees, agents, licensors or suppliers be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, sales, business, goodwill or data, business interruption, or cost of substitute services, however caused and under any theory of liability (contract, tort including negligence, strict liability or otherwise), even if advised of the possibility of such damages; and (b) MarginCRM's total aggregate liability arising out of or relating to these Terms or the Service will not exceed the total fees you actually paid to MarginCRM for the Service in the twelve (12) months before the event giving rise to the claim, or one hundred US dollars (US$100) if you paid nothing in that period.

These limits apply to all claims together, not per claim, and even if a remedy fails of its essential purpose. They are an essential part of the bargain between us: our prices reflect them. They do not limit liability that cannot be limited under applicable law, such as liability for fraud. Any claim against MarginCRM must be brought within one year after it arises, or it is permanently barred, unless the law requires a longer period.

18. Indemnification

You will defend, indemnify and hold harmless MarginCRM and its affiliates, officers, employees, agents, licensors and suppliers from and against all claims, demands, actions, losses, damages, fines, penalties, costs and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) Customer Data, including any claim that it infringes or violates anyone's rights or that you lacked the right to collect or upload it; (b) messages, emails, texts or calls you or your Users send through the Service; (c) your or your Users' use of the Service in breach of these Terms or of law, including privacy, anti-spam, telemarketing and health-privacy laws; (d) your use of Third-Party Services; (e) your dealings with your own customers, including payments you collect; and (f) any PHI uploaded without a signed BAA. We will give you prompt notice of the claim (though a delay only relieves you of your obligations to the extent it prejudices you), and may participate with counsel of our choice at our own cost. You may not settle a claim in a way that imposes any obligation on us or admits fault on our behalf without our written consent.

19. Suspension

We may suspend or limit access to all or part of the Service, for you or particular Users, immediately and without liability if we reasonably believe that: (a) you have breached section 5 (payment), 6 (acceptable use), 7 (messaging) or 9 (health information); (b) your use poses a security risk or could harm the Service, other customers, our providers or third parties; (c) your account is being used fraudulently or illegally; or (d) suspension is required by law or by a provider we rely on. Where practical, we will give notice and a chance to fix the problem first, and will restore access once it is resolved. Fees remain due during a suspension.

20. Term, termination and your data

These Terms apply from when you first accept them until all your subscriptions have ended and your Organization has been deleted. You may stop using the Service at any time; cancellation of a paid Plan works as described in section 5. An administrator can delete the Organization from Setup; deletion is scheduled 30 days ahead and can be cancelled during that period.

We may terminate these Terms or your access: (a) if you materially breach them and do not cure the breach within 15 days after notice (or immediately for breaches of sections 6, 7 or 9, or repeated breaches); (b) if you become insolvent or subject to bankruptcy proceedings; or (c) for any reason on 30 days' notice, in which case we will refund any prepaid fees for the remaining part of your paid term.

Your data after termination. For 30 days after termination or after deletion of the Organization is requested, an administrator may export Customer Data with the Service's export tools, or ask us for an export, unless we terminated because of a breach of section 6, 7 or 9 or the law forbids it. After that period we will delete Customer Data from the live Service and have no obligation to keep it. Copies may remain in encrypted backups until they expire in the normal backup cycle, and we may keep information we must retain by law, such as billing and tax records.

Sections that by their nature should survive termination will survive, including sections 5 (fees owed), 8, 9, 13, 14, 16, 17, 18, 20, 22 and 23.

21. Changes to these Terms

We may update these Terms from time to time. We will post the new version on this page with a new effective date and, for material changes, give at least 30 days' notice by email to Organization administrators or in the Service before they take effect. Changes to section 22 will not apply to disputes that arose before the change. If you do not agree with a change, you must stop using the Service and cancel before it takes effect; using the Service after that means you accept the updated Terms. Changes that are required by law or that only benefit you may take effect immediately.

22. Governing law and dispute resolution

Governing law

These Terms and any dispute arising out of or relating to them or the Service are governed by the laws of the State of [STATE] and applicable US federal law, including the Federal Arbitration Act, without regard to conflict-of-law rules. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act do not apply.

Informal resolution first

Before starting arbitration or any other proceeding, the party with a dispute must send the other a written notice describing it and the relief sought, and both parties will try in good faith to resolve it informally for at least 60 days.

Binding arbitration

Except as stated below, any dispute, claim or controversy arising out of or relating to these Terms or the Service, including their formation, scope, validity or enforceability, will be resolved by final and binding arbitration, and not in court.

The arbitration will be administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules then in effect, before a single arbitrator. It will take place in [COUNTY] County, [STATE], or by video conference or written submissions if the parties agree or the arbitrator allows. Each party bears its own attorneys' fees and costs, and the AAA's fees are shared as its rules provide, unless the arbitrator decides otherwise under applicable law. The arbitrator's award is final and may be entered as a judgment in any court with jurisdiction. The arbitration and its results are confidential except as needed to enforce the award or as required by law.

Class-action and jury-trial waiver

Each party may bring claims against the other only in its individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated or representative proceeding. The arbitrator may not consolidate claims of more than one party or preside over any form of class or representative proceeding. To the extent any dispute proceeds in court rather than arbitration, each party waives its right to a trial by jury.

If the class-action waiver is found unenforceable for a particular claim, that claim (and only that claim) will be severed from the arbitration and heard in the courts named below, after the arbitration of the remaining claims is complete.

Exceptions

Either party may: (a) bring an individual claim in small claims court if it qualifies and stays there; and (b) seek an injunction or other equitable relief in court to protect its intellectual property, Confidential Information or the security of the Service, or to stop a breach of section 6, without first arbitrating.

Courts

For anything not subject to arbitration, each party consents to the exclusive jurisdiction and venue of the state and federal courts located in [COUNTY] County, [STATE].

Opting out

You may opt out of this arbitration agreement by emailing legal@margincrm.com within 30 days after you first accept these Terms, stating your Organization name, the email of the account owner and that you opt out of arbitration. If you opt out, disputes will be resolved only in the courts named above, and the jury-trial waiver and class-action waiver still apply.

23. General terms

  • Force majeure. Neither party is liable for any delay or failure to perform (other than payment obligations) caused by events beyond its reasonable control, including natural disasters, pandemics, war, terrorism, riots, labor disputes, government action, power or internet failures, failures of hosting, cloud or other third-party providers, and denial-of-service or other cyberattacks.
  • Assignment. You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms without your consent, including to an affiliate or in a merger, acquisition, reorganization or sale of assets. Any other attempted assignment is void.
  • Subcontractors. We may use subcontractors and service providers (such as hosting, email delivery and payment providers) to provide the Service, and remain responsible for their performance of our obligations.
  • Independent parties. The parties are independent contractors. These Terms do not create a partnership, franchise, joint venture, agency or employment relationship, and there are no third-party beneficiaries.
  • Severability. If any provision is held invalid or unenforceable, it will be enforced to the maximum extent permitted and the remaining provisions remain in full force.
  • No waiver. A failure or delay in enforcing any right is not a waiver of it.
  • Entire agreement. These Terms, together with any Order, data processing addendum or BAA signed by both parties and any policies they reference, are the entire agreement between the parties about the Service and replace all prior agreements and understandings. If there is a conflict, a signed BAA (for PHI) prevails, then a signed Order, then these Terms. Terms in your purchase orders or other business forms do not apply, even if we accept or sign them.
  • Export and sanctions. You will comply with US and other applicable export control and sanctions laws, and will not use or allow access to the Service from embargoed countries or by sanctioned persons.
  • US government users. The Service is commercial computer software and documentation provided with only the rights granted to all other customers.
  • Language and headings. These Terms are written in English, which governs over any translation. Headings are for convenience only, and “including” means “including without limitation.”
  • Electronic communications. You agree to receive notices and agreements electronically, and that they satisfy any legal requirement that they be in writing.

24. Notices and contact

We will send notices to the email address of your Organization's administrators or account owner, or display them in the Service; they are effective when sent or displayed. You must send legal notices to us by email to legal@margincrm.com, with a copy by mail or courier to:

[COMPANY LEGAL NAME] (MarginCRM)
Attn: Legal
[MAILING ADDRESS]

Questions about these Terms: legal@margincrm.com. Sales: sales@margincrm.com.