1. Acceptance of Terms

These Terms and Conditions (“Terms”) govern your access to and use of the CustoMingle website, BOS platform, applications, communications tools, integrations, and related services (collectively, the “Services”).

By accessing or using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Services.

2. Description of Services

CustoMingle provides a cloud-based customer relationship management (“BOS”) platform designed to help businesses manage:

• Customer relationships
• Communications and messaging
• Analytics and reporting
• Workflows and task management
• Customer and business records
• Integrations and related operational tools

We may modify, update, suspend, or discontinue portions of the Services at any time.

3. Eligibility

You must be at least 18 years old and legally capable of entering into binding agreements to use the Services.

By using the Services, you represent and warrant that you meet these requirements.

4. User Accounts

To access certain features, you may be required to create an account.

You agree to:

• Provide accurate and complete information
• Maintain the confidentiality of your login credentials
• Promptly update account information when necessary
• Be fully responsible for all activity occurring under your account

You must immediately notify us of any unauthorized access or suspected security breach involving your account.

5. Customer Data and Responsibilities

You are solely responsible for:

• The legality, accuracy, and integrity of data uploaded to the Services
• Obtaining all necessary rights, permissions, and consents from your customers and contacts
• Ensuring your use of the Services complies with applicable laws and regulations

You retain ownership of your customer and business data.

CustoMingle does not monitor, control, or assume responsibility for how users collect, manage, or use customer data within the platform.

6. Acceptable Use

You agree not to:

• Use the Services for unlawful, fraudulent, or deceptive purposes
• Upload malicious code, malware, or harmful content
• Attempt unauthorized access to systems or accounts
• Interfere with platform functionality or security
• Violate intellectual property, privacy, or data protection rights
• Use the Services to distribute spam or unauthorized communications
• Engage in activity that could damage, disable, or impair the Services

We reserve the right to investigate and take appropriate action regarding violations of this section.

7. SMS and Communication Compliance

If you use messaging or communication features provided through the Services, you are responsible for complying with all applicable laws and regulations, including those related to:

• SMS and text messaging
• Marketing communications
• Customer consent requirements
• Anti-spam laws
• Telephone and communication regulations

You represent and warrant that you have obtained any legally required consent before sending communications through the Services.

8. Fees, Billing, and Payments

Certain features or subscriptions may require payment.

You agree to:

• Pay all applicable fees and charges
• Provide accurate billing information
• Authorize payment processing through our third-party payment providers

Unless otherwise stated:

• Fees are non-refundable
• Subscription fees renew automatically until canceled
• Pricing may change with reasonable notice

Failure to pay applicable fees may result in suspension or termination of Services.

9. Intellectual Property Rights

The Services, including all software, technology, branding, content, designs, features, and functionality, are owned by CustoMingle or its licensors and are protected by intellectual property laws.

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the Services for lawful business purposes.

You may not:

• Copy, reproduce, or distribute platform content without authorization
• Reverse engineer or attempt to extract source code
• Modify or create derivative works from the Services

10. Data Processing and Limited License

You grant CustoMingle a limited right to:

• Host
• Process
• Store
• Transmit
• Display

Your data solely as necessary to provide, maintain, support, secure, and improve the Services.

We do not claim ownership of your customer or business data.

11. Service Availability

We strive to provide reliable access to the Services; however, we do not guarantee:

• Continuous or uninterrupted availability
• Error-free operation
• Specific uptime levels
• Compatibility with all devices or systems

Scheduled maintenance, technical issues, security events, or circumstances beyond our control may temporarily affect availability.

12. Security and Compliance

We implement reasonable administrative, technical, and organizational safeguards designed to protect information and maintain platform integrity.

However, no system can guarantee absolute security, and users acknowledge that use of online services involves inherent risks.

You are responsible for maintaining appropriate security practices for your own accounts, devices, and data.

13. Third-Party Services and Integrations

The Services may integrate with or provide access to third-party applications, platforms, or services.

CustoMingle does not control and is not responsible for:

• Third-party services
• Third-party content
• External websites
• Third-party privacy or security practices

Your use of third-party services is governed by their respective terms and policies.

14. Confidentiality

CustoMingle treats customer business data as confidential and will use reasonable measures to protect such information.

We may access customer data only as necessary to:

• Provide support
• Maintain or improve the Services
• Ensure platform security
• Comply with legal obligations
• Enforce these Terms

15. Disclaimer of Warranties

We do not guarantee specific business outcomes or results from use of the Services.

16. Limitation of Liability

Our total liability arising out of or relating to the Services shall not exceed the amount paid by you to CustoMingle during the twelve (12) months preceding the claim.

17. Indemnification

You agree to defend, indemnify, and hold harmless CustoMingle, its affiliates, officers, employees, contractors, and licensors from claims, damages, liabilities, losses, and expenses arising from:

• Your use of the Services
• Your violation of these Terms
• Your misuse of customer or personal data
• Your violation of applicable laws or third-party rights

18. Suspension and Termination

We reserve the right to suspend, restrict, or terminate access to the Services at our discretion if:

• You violate these Terms
• Your activities create legal or security risks
• Required by law or regulatory obligations
• Necessary to protect platform integrity or other users

You may stop using the Services at any time.

Upon termination, certain rights and obligations under these Terms may survive.

19. Governing Law

These Terms shall be governed by and interpreted in accordance with the laws of the United States and applicable state laws, without regard to conflict of law principles.

20. Changes to Terms

We may update these Terms periodically.

Updated versions will be posted with a revised Effective Date. Continued use of the Services after changes become effective constitutes acceptance of the updated Terms.

21. Contact Information

For questions regarding these Terms, contact: terms@customingle.com or visit our Contact Page.