Terms and Conditions
Welcome to Jesty CRM! These Terms and Conditions (“Terms”) govern your use of our website (web.jestycrm.com) and the Jesty CRM services (the “Services”). Please read these carefully before using our platform.
By accessing or using Jesty CRM, you agree to be bound by these Terms. If you do not agree, you must not continue using the Services.
1. Acceptance, Definitions, and Scope
- Authority: If you are using Jesty CRM on behalf of a company or organization, you confirm that you have the authority to bind that entity.
- Terminology: “Client,” “You,” and “Your” refer to the user of Jesty CRM. “Company,” “We,” “Our,” and “Us” refer to Jesty CRM. “Services” refers to the CRM, AI Voice Agent, dashboards, integrations, and related offerings.
- Minimum Age: The Services are not intended for children under 13. If you are under 18, you must use Jesty CRM under parental or guardian supervision.
- Changes: We reserve the right to update these Terms at any time. Updated versions will be effective immediately upon posting.
2. Service Access and Account Security
- Registration: You must provide accurate and complete information when registering for an account.
- Credentials: You are responsible for maintaining the confidentiality of your login details and for all activity under your account.
- Unauthorized Use: You must notify us immediately of any unauthorized use of your account.
- Account Suspension: We reserve the right to disable or suspend accounts if you violate these Terms.
- Service Availability: While we strive to maintain high uptime, we may schedule maintenance or experience outages beyond our control.
3. Payment and Subscription Terms
- Subscription: Services are billed on a subscription basis (e.g., monthly). Pricing details are available on our website.
- Authorization: By providing payment details, you authorize Jesty CRM to charge applicable fees and taxes.
- Renewals & Cancellation: Subscriptions renew automatically unless cancelled prior to renewal.
- Refunds: Fees are generally non-refundable unless required by law.
- Late Payment: Failure to pay may result in suspension or termination of Services.
- Rate Changes: We may revise pricing, which will take effect in the next billing cycle.
4. Intellectual Property & Content
- Ownership: Jesty CRM owns all rights to the platform, software, algorithms, models, trademarks, and related IP.
- User License: We grant you a limited, non-exclusive, non-transferable license to use the Services for your business purposes.
- Restrictions: You may not republish, copy, resell, reverse-engineer, or create derivative works based on Jesty CRM.
- User Content: You retain ownership of any content you upload. By using our Services, you grant Jesty CRM a non-exclusive license to process, store, and use such content to operate and improve the Services.
- AI Output: You own the rights to the AI-generated outputs you create using Jesty CRM. However, Jesty CRM retains ownership of the underlying models and technology.
- Marks: We may use your company’s name and logo to identify you as a customer unless you opt out in writing.
5. Acceptable Use & Compliance
- Lawful Use: You must not use the Services for illegal, fraudulent, harmful, or abusive purposes.
- Content Standards: You may not upload defamatory, obscene, infringing, or unlawful content.
- Calling & Messaging Compliance:
- Obtain prior consent for automated or AI voice calls.
- Scrub numbers against Do-Not-Call (DNC) lists regularly.
- Do not alter caller ID with intent to mislead.
- Disclose AI voice usage at the start of a call.
- Notify participants when calls are recorded, as required by law.
- Fraud Prevention: Prohibited activities include scams, phishing, deceptive promotions, or impersonation.
- Enforcement: We reserve the right to monitor usage, investigate complaints, and terminate accounts for non-compliance.
- Virtual Number Policy: All virtual numbers provided by Jesty CRM are registered under the client’s name to ensure lawful usage and prevent misuse.
6. Disclaimers, Warranties, and Liability
- “AS IS” Service: The Services are provided “as is” and “as available” without warranties of any kind.
- No Guarantee: We do not guarantee that the Services will be error-free, uninterrupted, or meet all specific needs.
- AI Disclaimer: AI-generated outputs may not always be accurate or suitable as professional advice.
- Liability Cap: Our maximum liability is limited to the fees you paid in the last 12 months or flat charges, whichever is higher.
- Indirect Damages: We are not liable for indirect, incidental, or consequential damages, including loss of profits, goodwill, or data.
- Free Services: We hold no liability for free or trial Services.
7. Indemnification
You agree to indemnify and hold harmless Jesty CRM, its officers, and agents from claims, liabilities, losses, and expenses arising from:
- Your use of the Services.
- Violation of these Terms or applicable laws.
- Regulatory fines (e.g., for telemarketing non-compliance).
- Content or communications made through Jesty CRM.
8. Governing Law & Dispute Resolution
- Jurisdiction: These Terms are governed by Indian law.
- Courts: Any disputes shall be subject to the exclusive jurisdiction of the courts in Gurugram (Gurgaon), Haryana, India.
- Pre-Trial Resolution: Parties must attempt to resolve disputes in good faith before pursuing legal action.
- Waivers: By agreeing, you waive rights to jury trials and participation in class actions.
9. Miscellaneous
- Force Majeure: Neither party is liable for delays caused by events beyond reasonable control (e.g., natural disasters, network failures).
- Assignment: You may not assign your rights without our consent; we may assign ours.
- Severability: If one clause is unenforceable, the rest remain valid.
- Survival: Sections on IP, Indemnification, Liability, and Governing Law survive termination.
- Third-Party Links: We are not responsible for third-party websites linked from Jesty CRM.
- Privacy Policy: Please review our Privacy Policy, which forms an integral part of these Terms.
- Contact: For questions, reach us at help@jestycrm.com
