Last Updated: January 2025
This End-User License Agreement ("Agreement") is a legal agreement between you ("User," "you," or "your") and Expert Incubators LLC ("Company," "we," "us," or "our") for the use of the SalesMax CRM platform and related services (collectively, the "Service").
By accessing, downloading, installing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not agree to these terms, you must not use the Service.
This Agreement constitutes the entire agreement between you and the Company regarding your use of the Service and supersedes all prior agreements and understandings.
SalesMax CRM is a cloud-based customer relationship management platform that provides:
The Service is provided on a subscription basis and may be updated, modified, or enhanced from time to time at our sole discretion.
To use the Service, you must create an account by providing accurate, complete, and current information. You agree to:
You must be at least 18 years old and have the legal capacity to enter into this Agreement. By registering, you represent and warrant that all information provided is truthful and accurate.
Subject to your compliance with this Agreement, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes.
The Service is provided on a subscription basis with fees determined by your selected plan. You agree to:
We reserve the right to modify pricing with 30 days' notice. Failure to pay may result in service suspension or termination.
By using our Service and providing your phone number, you expressly consent to receive automated text messages (SMS) from Expert Incubators LLC, SalesMax CRM, and our authorized service providers.
You consent to receive automated text messages and calls, including those made using an automatic telephone dialing system, at the phone number you provide, even if that number is on a corporate, state, or national Do Not Call list. Consent is not a condition of purchase. You may use and enjoy the Service without providing consent to receive promotional messages, though transactional and service-related messages may still be necessary for account operation.
You can opt-out of SMS messages at any time using any of these methods:
After opting out, you will receive one final confirmation message. Please allow up to 48 hours for your opt-out request to be processed.
For assistance with SMS messages, reply HELP to any message or contact our support team at info@expertincubators.com.
By providing your email address, you consent to receive email communications including service updates, account notifications, and promotional messages. All marketing emails include an unsubscribe link. We comply with the CAN-SPAM Act and honor opt-out requests within 10 business days.
By providing your phone number, you consent to receive voice calls from us, including automated or prerecorded calls for service-related purposes. You may opt-out of non-essential calls by contacting us at info@expertincubators.com.
You retain all ownership rights to the data you input into the Service ("Customer Data"). By using the Service, you grant us a limited license to:
You are responsible for the accuracy, quality, and legality of Customer Data and the means by which you acquired it. You represent and warrant that you have all necessary rights and consents to provide Customer Data to us.
Upon termination, you may export your Customer Data within 30 days. After this period, we may delete Customer Data in accordance with our data retention policies.
You agree to use the Service in compliance with all applicable laws and regulations. You must not:
Violation of this Acceptable Use Policy may result in immediate suspension or termination of your account without refund.
The Service, including all software, designs, text, graphics, logos, and other content, is owned by Expert Incubators LLC and protected by copyright, trademark, and other intellectual property laws.
"SalesMax CRM," "Expert Incubators," and associated logos are trademarks of Expert Incubators LLC. You may not use these marks without our prior written permission.
Any feedback, suggestions, or ideas you provide regarding the Service become our property and may be used without compensation or attribution.
We reserve the right to modify, update, or discontinue the Service or any features at any time with or without notice. We may:
We will make reasonable efforts to notify you of material changes. Continued use of the Service after modifications constitutes acceptance of the updated terms.
This Agreement begins when you first access the Service and continues until terminated by either party.
You may terminate this Agreement at any time by canceling your subscription and ceasing use of the Service. Cancellation does not entitle you to a refund of prepaid fees.
We may suspend or terminate your access immediately if you:
Upon termination, your right to use the Service immediately ceases. You must export any Customer Data within 30 days. Provisions regarding intellectual property, liability limitations, and dispute resolution survive termination.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
We disclaim all warranties, including but not limited to:
We do not warrant that the Service will meet your requirements or that defects will be corrected. You use the Service at your own risk.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, EXPERT INCUBATORS LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL.
Our total liability for all claims arising from or related to the Service shall not exceed the amount you paid us in the 12 months preceding the claim, or $100, whichever is greater.
These limitations apply regardless of the legal theory (contract, tort, negligence, strict liability, or otherwise) and even if we have been advised of the possibility of such damages. Some jurisdictions do not allow certain liability limitations, so these may not apply to you.
You agree to indemnify, defend, and hold harmless Expert Incubators LLC, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict of law provisions.
Before filing a claim, you agree to contact us at info@expertincubators.com to attempt to resolve the dispute informally. We will attempt to resolve disputes in good faith within 30 days.
If informal resolution fails, disputes shall be resolved through binding arbitration in accordance with the American Arbitration Association's Commercial Arbitration Rules. Arbitration shall take place in Polk County, Florida.
You agree that disputes will be resolved on an individual basis only. You waive any right to participate in class actions, class arbitrations, or representative proceedings.
This Agreement, together with our Privacy Policy, constitutes the entire agreement between you and Expert Incubators LLC regarding the Service.
If any provision is found unenforceable, the remaining provisions will remain in full effect.
Our failure to enforce any right or provision does not constitute a waiver of that right or provision.
You may not assign this Agreement without our written consent. We may assign this Agreement without restriction.
We are not liable for delays or failures due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, or internet service failures.
For questions, concerns, or notices regarding this Agreement, please contact us:
By using the Service, you acknowledge that you have read, understood, and agree to be bound by this End-User License Agreement. If you do not agree to these terms, you must immediately discontinue use of the Service.