MARKETING AUTOMATED ELEVATE YOUR CUSTOMER EXPERIENCE, STREAMLINE YOUR OPERATIONS, AND DRIVE GROWTH EFFORTLESSLY.

The Big CRM for  small businesses

We want to make your onboarding as simple and smooth as possible.  Please help us get you started by following the steps below. 

1 SIGN THE TERMS AND CONDITIONS After reviewing the terms and conditions, click the  signature box to electronically add your signature.  

2. SET UP SUBSCRIPTION PAYMENT  After reviewing the terms and conditions, click the  signature box to electronically add your signature.  

3. BOOK YOUR ONBOARDING CALL  After reviewing the terms and conditions, click the  signature box to electronically add your signature.  

4. LOGIN TO THE ONLINE PLATFORM After reviewing the terms and conditions, click the  signature box to electronically add your signature.  

5. COMPLETE ONBOARDING QUESTIONNAIRE After reviewing the terms and conditions, click the  signature box to electronically add your signature.

THE 21 AGREEMENTS  OF TOM CRM LIMITED (Terms and Conditions)

After reviewing the terms and conditions, click the signature box to electronically add your  signature.  

What you’ll notice about our T&C’s is that they don’t look like traditional terms and  conditions. 

That’s because they’re not. 

These are our promises to you. And in return, your promise to us. In life, clarity and mutual  understanding are key. This document is designed to ensure we both know what to expect  from each other. 

You’re about to embark on an exciting journey with TomCRM. A journey that will enhance  your business, streamline your marketing efforts, and deliver measurable results. 

We take our responsibility to provide cutting-edge marketing solutions seriously while also  striving to make a positive impact in the world. We are committed to your growth, and we  expect you to be equally committed. We are passionate about supporting organisations  that align with at least one of the 17 UN Sustainable Development Goals. By signing up with  TomCRM, you are automatically supporting these causes, which often results in positive  rewards for both society and your business. It gives us a warm, fuzzy feeling to know we are  making a difference together. 

This journey will require you to be innovative, to think outside the box, and to leverage our  platform to its fullest potential. You will need to engage actively, experiment with new  strategies, and be prepared to learn and adapt. There’s never been a better time to elevate your marketing game. And you’ve never been more ready. 

Welcome to TomCRM. 

This is an agreement made between: TomCRM Limited a company incorporated under the laws of England and Wales, having its  registered office at 3 Ashworth Close, North Hykeham, Lincoln, Lincolnshire LN6 7HN United  Kingdom (“TomCRM”), Website: https://tomcrm.co.uk, Contact Email: [email protected],  andYou (the "User" or "Customer") *For definitions see Appendix 1 

1. How to Use Our Services

During your subscription, we’ll provide your  users access to the TomCRM platform, as  detailed in your order. Sometimes, we use  third-party providers to offer parts of our  service. 

Stay Compliant: Ensure your users follow  our agreement and acceptable use policy. If  you extend access to your affiliates, you’re  responsible for their compliance too. Report  any unauthorised use immediately via our  help page or by emailing  [email protected]. 

Extra Features: Need more? Subscribe to  additional features by contacting us at  [email protected]. This agreement  covers any extra features you add. 

We Keep Improving: We might tweak the platform from time to time to enhance your  experience. Check our acceptable use policy  at www.tomcrm.co.uk/acceptable-use to  stay updated.

Your Role: Your active participation is  crucial. Whether you’re a one-person  operation or have a team, you’ll need to  plan marketing activities, create content  (like blog posts, social media content,  emails, etc.), set goals, and integrate our  tools with your systems. If you're a solo  entrepreneur, this means wearing multiple  hats and staying engaged with the  platform to maximise its benefits. Free Trials:

Registering for a free trial?  Enjoy it until the trial ends or you start  your paid subscription. Remember, your  trial data gets deleted if you don’t upgrade. 

2. Our Content, Your Content, Who’s  Responsible and GDPR

Customer Data: You own and retain all  rights to your Customer Materials and  Customer Data. This Agreement does not  grant us any ownership rights to your  materials or data. You grant us permission to  use your materials and data only as  necessary to provide the Subscription  Service and Consulting Services, and as  permitted by this Agreement. If you use the  services on behalf of another party, you  warrant that you have all necessary rights  and permissions. 

Limits on TomCRM: We will not use  Customer Data to contact any individual or  company except as you direct or permit. We will use Customer Data solely to provide the  Subscription Service and Consulting  Services, in compliance with applicable law  and this Agreement. 

Data Practices and Service Improvement:

• Usage Data: We may collect information  about you and your users when you  interact with the Subscription Service, as  permitted by the Agreement. 

• Service Improvement: We may use  Customer Data to improve our services  and develop new features. You can opt out  of this by emailing [email protected]. 

• Privacy Policy: For more details, refer to our privacy policy at  www.tomcrm.co.uk/privacy-policy. 

Protection of Customer Data: The terms of  our Data Processing Agreement (DPA) at  www.tomcrm.co.uk/dpa are incorporated by  reference and apply to any Customer Data  that includes Personal Data. We will maintain  appropriate safeguards to protect Personal  Data, as described in the DPA. TomCRM  utilises Go High Level’s services and  cloud-based software, with data stored on  their servers. Go High Level complies with  GDPR (see https://www.gohighlevel.com/gdpr for details). Data Protection Officer: Thomas Findlay is our  Data Protection Officer. For any queries, email  [email protected]. 

Roles and Responsibilities: 

• Controller and Processor: When you use  TomCRM, you act as the controller of the  data you upload, deciding how and why it is  processed. TomCRM acts as a processor,  handling the data based on your  instructions. Ensure you understand your  obligations as a controller and update your  policies accordingly. 

• Legal Basis for Processing: Data must only  be processed if there is a legal basis for  doing so, as defined in the GDPR. As a  controller, you must select the appropriate  legal basis before processing any personal  data. 

• Data Subject Rights: Data subjects have  rights to access, correct, and delete their  data. TomCRM and Go High Level have  systems to support these requests.  Familiarise yourself with your obligations  regarding data subject rights.

Data Security: Go High Level implements  security measures to protect personal data,  including encryption, regular backups, and  vulnerability testing. Data is backed up daily  to the local region on Google/AWS servers.  For more details, see Go High Level Security  and Compliance Overview. 

Deletion or Return of Personal Data: Upon  termination or expiration of your  subscription, we will delete or return all  Customer Data, except where required by  law or retained on backup systems. To  delete your TomCRM account, email  [email protected]. We recommend  retrieving your data before the end of your  subscription term. We can assist with data retrieval at your cost, as outlined in the  ‘Confidentiality’ section.

Controller Responsibilities: As a  controller, you are responsible for  assessing that TomCRM is competent to  process personal data in line with the UK  GDPR’s requirements. This includes  ensuring we provide sufficient guarantees  of our technical and organizational  measures to protect the data and comply  with GDPR. You should regularly monitor  and audit our compliance, ensuring we  meet the requirements of Article 28(3)(h)  by allowing and contributing to audits and  inspections. 

Controller Liability: As a controller, you are primarily responsible for your  compliance and that of your processors.  This includes being subject to corrective  measures and sanctions if processing  activities breach the GDPR. You may also  be liable for compensation claims from  data subjects if the processing causes  damage. If TomCRM, as a processor, is at  fault, you may claim back compensation  from us. 

3. Fees, Renewals, and Staying Subscribed

Fees: Fees for our Services are detailed on  our pricing page  https://tomcrm.co.uk/pricing-1. All  payments must be made in GBP. 

Billing Cycle: Services are billed on a  monthly or annual basis. Ensure your billing  information is accurate and up-to-date. Late Payments: If a payment is not made on  time, we reserve the right to suspend or  terminate your access to the Services until  the outstanding balance is paid. 

Subscription Fees: Your subscription fee  remains fixed during the current term unless  you exceed limits, upgrade products, or  subscribe to additional features. We may  decrease your fees with written notice.

Fee Adjustments at Renewal: We may  increase your subscription fees upon  renewal. If applicable, we will notify you at  least 30 days in advance. If you do not agree,  you can terminate your subscription at the  end of the current term. 

Payment of Fees: By providing a credit card,  you authorise us to charge your payment  method for all fees during the subscription  term. We use third-party payment processors  and may retry billing in case of failure. Keep  your payment information updated to avoid  service disruption. 

Payment Information: Maintain up-to-date  business and billing information in your  TomCRM account. All payment obligations are  non-cancellable and non-refundable, except  as specified in this agreement. Fees are due in advance.

Sales Tax: All fees include VAT. 

Cancellation: You can cancel your  subscription anytime up to the last day of  your current billing cycle via the billing tab in  your account. If you prefer us to handle the  cancellation, please email  [email protected] at least two weeks  before you wish to cancel. You will retain  access to your account until the end of the  current billing cycle. 

4. Paying Up and What Happens If You Don’t

Timely Payments: Ensure all payments are  made on time as per the billing cycle agreed  upon to keep your access to TomCRM  uninterrupted. 

Consequences of Non-Payment: 

• Service Suspension for Non-Payment: If a  payment is not made on time, we will  provide you with notice of non-payment.  Unless the full amount is paid within ten  (10) days after such notice, we may  suspend your access to any or all of the  Subscription Services. We will not suspend  the Subscription Service while you are  disputing the applicable charges  reasonably and in good faith and are  cooperating diligently to resolve the  dispute. If a Subscription Service is  suspended for non-payment, we may  charge a reactivation fee to reinstate the  Subscription Service. 

• Service Termination: Persistent  non-payment may result in the  termination of your account. We may  terminate this Agreement for cause on  thirty (30) days’ notice if we determine  that you are acting, or have acted, in a way  that has or may negatively reflect on or  affect us, our prospects, or our customers. 

• Late Fees and Collection Costs: Late  payments may incur additional fees. If  payments remain overdue, we may involve  a collection agency, and you may be liable  for any associated costs. 

Suspension for Prohibited Acts: We may  suspend any User’s access to any or all  Subscription Services without notice for:

• Use of the Subscription Service in a way that violates applicable local, state, federal, or  foreign laws or regulations or the terms of this  Agreement. 

• Use of the TomCRM email send service that  results in excessive bounces, SPAM  complaints, or requests for removal from a  mailing list by recipients. 

• Repeated instances of posting or uploading  material that infringes or is alleged to infringe  on the copyright or trademark rights of any  person or entity. Suspension for Harmful Activities: If your use  of the

Subscription Service causes: 

• excessive network traffic that disrupts  services. 

• a security vulnerability for the Subscription  Service or others. 

• excessive bandwidth or storage. 

• harm to us or others then we may, with electronic or telephonic  notice to you, suspend all or any access to the  Subscription Service. We will make commercially  reasonable efforts to limit the suspension to the  affected portion of the Subscription Service, and  each party will make reasonable efforts to  promptly resolve the issues causing the  suspension. 

Suspension and Termination of Free Services: We may suspend, limit, or terminate the Free  Services for any reason at any time without  notice. We may terminate your subscription to  the Free Services due to inactivity. 

5. Ending the Journey: Cancellation and  Termination 

Term and Renewal: 

• Your Initial Term will be specified in your  Order. Unless otherwise specified, your  subscription will automatically renew for  the shorter of the same duration as your  prior term or one year. 

Non-Renewal: 

• You can turn auto-renew off by accessing  the billing details section in your TomCRM  account or by emailing  [email protected] at least two weeks  before your desired cancellation date. 

Early Cancellation: 

• You may choose to cancel your  subscription early at your convenience,  but we will not provide any refunds of  prepaid fees or unused Subscription Fees.  You will promptly pay all unpaid fees due 
through the end of your current term.

Termination for Cause: 

• Either party can terminate this Agreement  for the following reasons:  

1). If one party significantly violates  the terms of the Agreement and does not fix  the issue within thirty (30) days of being  notified by the other party.  

2). If one party becomes bankrupt,  insolvent, ceases business operations, or  goes into liquidation. 

Effect of Termination or Expiration:

• Upon termination or expiration of this  Agreement, you will stop all use of the  Subscription Service and TomCRM content. If  you terminate this Agreement for cause, we  will promptly refund any prepaid but unused  fees covering use of the Subscription Service  after termination. If we terminate this  Agreement for cause, you will promptly pay  all unpaid fees due. Fees are otherwise  non-refundable. 

Data Retrieval and Deletion: 

• We recommend retrieving your Customer  Data before the end of your subscription  term. Upon termination, we will delete your  Customer Data within 90 days unless  retention is required by law or retained on  backup systems. Assistance with data retrieval may be provided at your cost, as  outlined in the ‘Confidentiality’ section. 

Defining Harm: 

• Harm includes but is not limited to any  activity that disrupts the service, causes  excessive network traffic, creates security  vulnerabilities, consumes excessive  resources, or impacts other users negatively.

6. Understanding Additional Charges

What to Expect with Extra Services: When using TomCRM, you might incur  additional charges for certain services  beyond your standard subscription. These  services are optional, and costs are only  incurred if you choose to sign up for and use  them. 

Phone System Costs: Charges for using our  integrated phone system, which includes  call minutes and other related services. 

Email: Sending emails through our platform  incurs a cost. For example, the approximate  cost is £0.00070 per email. Therefore, with  £10, you can send around 14,285 emails.  This is a ballpark figure and actual costs may  vary. 

Dedicated IP: For businesses needing a  dedicated IP address for their email sending,  there will be an additional charge. 

Lead Connector (LC) - Premium Triggers  and Actions: Costs associated with  advanced lead connector features that  provide premium triggers and actions. 

LC Email Verification: Charges for verifying  email addresses to ensure deliverability and  reduce bounce rates. 

Content Ai: Using Ai tools to generate and  optimise content can incur additional costs  based on usage. 

Workflow Ai: Automating workflows with Ai-driven processes will have associated  charges depending on the extent of use. 

Conversation Ai: Enhancing customer  interactions with Ai-driven conversation tools  may incur extra costs. 

WhatsApp Conversation: This service can be  added to your subscription for a monthly fee.  The monthly charge includes free inbound and  outbound messages within a 24-hour window.  If the 24-hour window expires, a  campaign/template message must be used to  reopen the conversation, which incurs an  additional charge based on the type of  message and the destination country. 

Reviews Ai: Utilising Ai to manage and respond to customer reviews will have an  associated cost. 

Conversation Ai Bot: Implementing Ai bots to  handle customer interactions may involve  additional charges. 

Yext: Costs associated with using Yext for  managing online listings and reviews. 

WordPress: Charges for integrating and using  WordPress features and plugins. 

Marketplace Apps: Various third-party apps,  such as the Lead Scraper, may have their own  usage-based charges. 

7. Your Account: Handle  with Care 

Account Security: You are responsible for  maintaining the confidentiality of your  account credentials and for all activities that  occur under your account. Notify us  immediately of any unauthorised use or  security breach. 

Accurate Information: Ensure that all  account information you provide is accurate  and up-to-date. Promptly update any  information that changes. 

Prohibited Actions: Do not share your  account with others, and do not use  someone else’s account without permission.  Misuse of accounts may result in termination  of your subscription. 

• Actual Costs: The figures provided are  approximations and can vary. Pricing will be  agreed upon with individual clients when  services are added to their account. We will  notify clients when prices are changed. 

• Transparency: We aim to provide clear and  transparent pricing. You will be notified of  any additional charges before they are  incurred. 

• Custom Solutions: If you have specific needs  or require a detailed quote for any of these  services, please contact our support team at  [email protected].

8. Signing and Sharing:

The  Digital Way Electronic Signatures: By using TomCRM, you  consent to the use of electronic signatures and  agree that such signatures are legally binding. 

Document Sharing: You may share documents  through our platform. Ensure that you have the  necessary rights and permissions to share any  content. 

Secure Transactions: We use secure methods  for transactions and document sharing.  However, it is your responsibility to ensure the  security of your own devices and network.

9. Privacy and Keeping Secrets
Confidentiality: We will keep your confidential information safe and will not  disclose it to third parties except as  necessary to provide our services or as  required by law. 

Data Protection: Your data is protected  under our privacy policy. We comply with UK  GDPR regulations to ensure your data is  handled securely and lawfully. 

Customer Obligations: You are responsible  for keeping any confidential information you receive from us secure. Do not disclose our  confidential information to third parties  without our consent. 

Compliance with Laws: We will comply with  all applicable UK laws in our provision of the  Subscription Service, the Consulting Services,  and our processing of Customer Data. We  reserve the right to disclose any information as  necessary to satisfy any law, regulation, legal  process, or governmental request. You will  comply with all applicable laws in your use of  the Subscription Service and Consulting  Services, including any applicable export laws. You must also comply with all applicable laws  related to the recording of phone calls and  ensure all proper consent to record is obtained  prior to making any such recording. 

10. Disclaimers; Limitation of Liability

10.1 Performance Warranty: We warrant  that: The Subscription Service and Consulting  Services will meet generally accepted industry  standards. We will not knowingly introduce any viruses or  malicious code into the Subscription Service. If the Subscription Service does not conform to  this warranty, we will use commercially  reasonable efforts to correct the issue within  sixty (60) days of your notification (the  “Remedy Period”). If we cannot correct the  issue within this period, either party may
terminate this Agreement by providing written  notice within thirty (30) days after the Remedy  Period. Upon termination, we will refund any  prepaid but unused fees covering use of the  Subscription Service after termination. This warranty does not apply if the  non-conformance is caused by: Combining the Subscription Service with any  hardware, software, equipment, or data not  provided by us. Modification of the Subscription Service by  anyone other than us. Use of the Subscription Service outside the
scope of this Agreement.

10.2 No Indirect Damages: To the extent  permitted by law, neither party nor its affiliates  will be liable for any indirect, incidental,  punitive, or consequential damages, or loss of  profits, revenue, data, or business  opportunities arising out of or related to this  Agreement. This limitation does not apply if  you only use the Free Services. 

10.3 Limitation of Liability: Except for your  liability for payment of fees, obligations under  the ‘Indemnification’ section, and violations of  our intellectual property rights: If either party or its affiliates is found liable to  the other party or any third party, the  aggregate liability will be limited to the total  amounts paid or payable for the Subscription  Service in the twelve months preceding the  event giving rise to the claim. This limitation does not apply if you only use  the Free Services. In such cases, our aggregate  liability will be limited to one hundred British  pounds (£100). 

10.4 Third-Party Products: We and our  affiliates disclaim all liability for third-party  products that you use. Our licensors will have  no liability of any kind under this Agreement. 

10.5 Agreement to Liability Limit: You  understand and agree that without your  agreement to this limitation of liability, we  would not provide the Subscription Service to  you. 

10.6 Actions Permitted: Except for actions for  nonpayment or breach of a party’s proprietary  rights, no action, regardless of form, arising out  of or relating to this Agreement may be  brought by either party more than one (1) year  after the cause of action has accrued.

11. Sorting Out Disputes and Who’s in Charge

11.1 Governing Law: This Agreement is  governed by the laws of England and Wales. 

11.2 Dispute Resolution: Any disputes arising  from or in connection with this Agreement  shall be resolved through mediation in the first  instance. If mediation fails, the dispute will be  settled in the courts of England and Wales.

11.3 Relationship of the Parties: You and we  agree that no joint venture, partnership,  employment, or agency relationship exists  between us. 

11.4 Compliance with Laws: You will comply  with all applicable laws in your use of the  Subscription Service and Consulting Services,  including any applicable export laws. You must comply with all applicable laws related to the  recording of phone calls and ensure all proper  consent to record is obtained prior to making  any such recording. 

11.5 Severability: If any part of this Agreement  or an Order Form is determined to be invalid or  unenforceable by applicable law, then the  invalid or unenforceable provision will be  deemed superseded by a valid, enforceable  provision that most closely matches the intent  of the original provision and the remainder of  this Agreement will continue in effect. 

11.6 Amendment; No Waiver: We may modify  any part or all of the Agreement by posting a  revised version on our website. The revised  version will become effective and binding the  next business day after it is posted. We will  notify you of this revision by email or in-app  notification. If you do not agree with a  modification to the Agreement, you must notify us in writing within thirty (30) days after we  send notice of the revision. If you give us this  notice, then your subscription will continue to  be governed by the terms and conditions of the  Agreement prior to modification until your next  renewal date, after which the revised terms will  apply. However, if we can no longer reasonably  provide the subscription to you under the  terms prior to modification (for example, if the  modifications are required by law or result  from general product changes), then the  Agreement and/or affected Subscription  Services will terminate upon our notice to you  and we will promptly refund any prepaid but  unused fees covering use of the Subscription  Service after termination. No delay in  exercising any right or remedy or failure to  object will be a waiver of such right or remedy  or any other right or remedy. A waiver on one  occasion will not be a waiver of any right or  remedy on any future occasion. 

12. The Whole Enchilada:  Entire Agreement This Agreement constitutes the entire  agreement between you and TomCRM  regarding the use of our services and  supersedes all prior agreements and  understandings

13. If One Piece Falls  Apart: Severability If any provision of this Agreement is found to  be invalid or unenforceable, the remaining  provisions will remain in full force and effect.

14. Giving Up Rights: Waiver Failure to enforce any right or provision of  this Agreement shall not be deemed a  waiver of such right or provision.

15. Changing the Rules:  Amendments We may amend this Agreement from time to  time. We will notify you of any changes, and  your continued use of our services after such  notification constitutes your acceptance of  the amended terms. If you have any concerns about the changes  or wish to cancel your subscription due to  the amendments, please contact us at  [email protected]. We are here to assist  you with any questions or issues you may  have regarding the amendments or your  subscription 

16. Passing the Torch:  Assignment You may not assign or transfer your rights or  obligations under this Agreement without  our prior written consent. We may assign our  rights and obligations under this Agreement to a third party.

17. Third Party  Involvement: Rights and  Roles This Agreement does not confer any rights  on any third party unless expressly stated.

18. When the Unexpected  Happens: Force Majeure Except for payment obligations of amounts  due under this Agreement, neither party will  be responsible for failure or delay of  performance if caused by: an act of war,  hostility, or sabotage; act of God; electrical,  internet, or telecommunication outage that  is not caused by the obligated party;  government restrictions; pandemic; or other  event outside the reasonable control of the  obligated party. Each party will use  reasonable efforts to mitigate the effect of a  force majeure event. 

19. Keeping in Touch:  Notices 

How We Communicate: Notices and other  communications under this Agreement will be  sent via email or through your TomCRM  account. 

Your Contact Information: Ensure your  contact information is accurate and up-to-date  to receive all communications from us. 

20. Shouting It Out:  Publicity Using Your Name: By using TomCRM, you agree that we may use your name and logo  in our marketing materials, including our  website and social media channels, unless  you notify us otherwise. Customer Testimonials: We may request  testimonials from you. If you provide a  testimonial, you consent to us using it in our  marketing materials.

21. Protecting Each Other: Indemnification 

21.1 Indemnification: You agree to  indemnify, defend, and hold us and our  Affiliates harmless, at your expense, against  any third-party claim, suit, action, or  proceeding (each, an "Action") brought  against us (and our officers, directors,  employees, agents, service providers,  licensors, and Affiliates) by a third party not  affiliated with us or our Affiliates to the  extent that such Action is based upon or  arises out of:

 (a) Unauthorised or illegal use of the Subscription Service by you or your  Affiliates. 

(b) Your or your Affiliates' noncompliance  with or breach of this Agreement.  

(c) Your or your Affiliates' use of  Third-Party Products.  

(d) The unauthorised use of the  Subscription Service by any other person  using your User information.

We will: Notify you in writing within thirty (30) days of  becoming aware of any such claim. Give you sole control of the defence or  settlement of such a claim. Provide you (at your expense) with any and  all information and assistance reasonably  requested by you to handle the defence or  settlement of the claim. 

You will not accept any settlement that:

(i) Imposes an obligation on us. 

(ii) Requires us to make an admission.

(iii) Imposes liability not covered by these  indemnifications or places restrictions on us  without our prior written consent. 

Appendix 1: Definitions

Agreement: Refers to this Terms and Conditions document, including any amendments  and appendices. 

Affiliates: Any entity that directly or indirectly controls, is controlled by, or is under  common control with TomCRM. 

Customer Data: All data, including personal data, that you or your users upload, provide, or  generate while using the Subscription Service. Consulting Services: Services provided by TomCRM related to the Subscription Service,  including training, support, and professional services. 

Controller: The entity that determines the purposes and means of processing personal  data, which in this case, is you, the customer. 

Processor: The entity that processes data on behalf of the controller, which in this case, is  TomCRM. 

Data Processing Agreement (DPA): A contractual agreement between you and TomCRM  outlining the processing of personal data in compliance with GDPR. 

Personal Data: Any information relating to an identified or identifiable natural person.

Subscription Service: The services provided by TomCRM, including access to the TomCRM  platform and any associated features and functionalities. 

Free Services: Services provided by TomCRM at no cost, which may have limited features  compared to the Subscription Service. 

Order: The document or online form specifying the details of the services purchased by  you, including the Initial Term and any additional features or services.

Initial Term: The initial duration of your subscription as specified in your Order.

Renewal Term: The period for which your subscription automatically renews after the  Initial Term, as specified in your Order. 

Remedy Period: The sixty (60) day period during which TomCRM will use commercially  reasonable efforts to correct any non-conformance with the performance warranty.

Action: Any third-party claim, suit, action, or proceeding brought against TomCRM or its  Affiliates. 

Force Majeure: Events beyond the reasonable control of the obligated party, including acts  of war, hostility, sabotage, acts of God, and other similar events. 

Harm: Activities that disrupt the service, cause excessive network traffic, create security  vulnerabilities, consume excessive resources, or negatively impact other users.

Notice of Non-Renewal: Written notice given to prevent the automatic renewal of your  subscription.