Terms of Service
Effective date: 5/10/2026
Provider: Marissa's Home
Service: The Marissa's Home customer relationship management web application and related APIs, integrations, and documentation (the "Service").
By creating an account, clicking "I agree," or using the Service, you ("Customer," "you") agree to these Terms of Service ("Terms"). If you accept on behalf of an organization, you represent that you have authority to bind it.
1. Definitions
Customer Data — all data, files, contacts, records, content, and information that you or your Users submit to, generate in, or transmit through the Service.
User — an individual you authorize to use the Service under your account (e.g., employees, contractors).
Subscription — the plan, term, and seat count selected at purchase or in an Order Form.
Documentation — the published user guides and policies for the Service.
2. Account & Users
2.1 You must provide accurate registration information and keep it current.
2.2 You are responsible for all activity under your account and for safeguarding credentials.
2.3 You must notify us promptly of any unauthorized access.
2.4 Each User account is for a single individual; sharing logins is not permitted.
3. Subscription, Fees & Renewal
3.1 Fees are stated at sign-up or in the applicable Order Form and are non-refundable except as required by law or expressly stated here.
3.2 Subscriptions renew automatically for successive terms of equal length unless either party gives at least [30] days' notice of non-renewal before the end of the current term.
3.3 We may revise pricing for renewal terms by giving at least [30] days' notice.
3.4 Late payments accrue interest at [1.5%] per month or the maximum allowed by law, whichever is lower. We may suspend the Service for non-payment after [10] days' written notice.
3.5 Taxes (other than taxes on our income) are your responsibility.
4. License to Use the Service
Subject to these Terms and timely payment, we grant you a non-exclusive, non-transferable, non-sublicensable right during the Subscription term to access and use the Service for your internal business purposes, up to the seat count and feature limits of your plan.
5. Acceptable Use
You will not, and will not allow any User to:
(a) reverse engineer, decompile, or attempt to derive source code;
(b) resell, sublicense, or provide the Service as a service bureau to third parties;
(c) upload malware, conduct security testing without prior written consent, or interfere with the Service's operation;
(d) use the Service to send unsolicited communications in violation of anti-spam laws (e.g., CAN-SPAM, CASL, GDPR);
(e) upload data you do not have the right to process, or that includes payment card numbers, government IDs, health information, or other sensitive categories unless your plan expressly supports them;
(f) exceed documented API rate limits or use automated means to circumvent usage limits.
6. Customer Data
6.1 Ownership. As between the parties, you own all Customer Data. You grant us a limited license to host, copy, transmit, display, and process Customer Data solely to provide and improve the Service and as permitted by Section 7.
6.2 Responsibility. You are responsible for the accuracy, legality, and right to use Customer Data, and for obtaining required notices and consents from data subjects.
6.3 Backups. We maintain routine backups of Customer Data, but you remain responsible for your own backups of business-critical exports.
7. Privacy & Security
7.1 We will process personal data in Customer Data as a processor (or "service provider") in accordance with our Data Processing Addendum (DPA), which is incorporated by reference and applies where data protection laws (e.g., GDPR, UK GDPR, CCPA) require.
7.2 We maintain administrative, technical, and physical safeguards designed to protect Customer Data, as described in our Security Overview at [URL]. These include encryption in transit and at rest, access controls, logging, vulnerability management, and annual third-party audits (e.g., SOC 2 Type II).
7.3 We will notify you without undue delay, and no later than [72] hours after confirmation, of any Security Incident affecting Customer Data.
7.4 We will not sell Customer Data and will not use it to train generally available AI models without your separate written consent.
8. Service Availability
8.1 We will use commercially reasonable efforts to make the Service available 99.9% of the time per calendar month, excluding scheduled maintenance and events outside our reasonable control. Service credits are governed by the SLA at [URL].
8.2 We may modify or update features. We will not materially decrease core functionality during a paid term without providing a comparable alternative.
9. Support
We provide support per the support tier in your plan. Standard support is available [business hours, region] via [email/portal] with target response times set out in the Support Policy at [URL].
10. Intellectual Property
10.1 We retain all rights, title, and interest in and to the Service, our software, documentation, trademarks, and any improvements thereto.
10.2 If you submit feedback or suggestions, you grant us a perpetual, irrevocable, royalty-free license to use them without obligation to you.
11. Third-Party Services & Integrations
The Service may interoperate with third-party services (e.g., email providers, calendar systems, telephony). Your use of those services is governed by the third party's terms. We are not responsible for third-party services and may modify or discontinue integrations.
12. Confidentiality
Each party will protect the other's Confidential Information using at least the same care it uses for its own (and no less than reasonable care), use it only for purposes of these Terms, and disclose it only to personnel with a need to know who are bound by confidentiality obligations. Customer Data is your Confidential Information.
13. Warranties & Disclaimer
13.1 Each party warrants it has authority to enter these Terms.
13.2 We warrant that the Service will perform materially in accordance with the Documentation during the Subscription term. Your exclusive remedy for breach is correction of the non-conformity or, if we cannot do so within [30] days, termination and a pro-rata refund of pre-paid, unused fees.
13.3 EXCEPT AS EXPRESSLY STATED, THE SERVICE IS PROVIDED "AS IS." WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
14. Limitation of Liability
14.1 NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, OR DATA.
14.2 EACH PARTY'S TOTAL AGGREGATE LIABILITY UNDER THESE TERMS WILL NOT EXCEED THE FEES YOU PAID TO US IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.
14.3 The limitations do not apply to: (a) breach of confidentiality (other than relating to Customer Data); (b) infringement of the other party's IP; (c) your payment obligations; or (d) liability that cannot be limited by law.
15. Indemnification
15.1 By us. We will defend you against any third-party claim that the Service, as provided by us and used in accordance with these Terms, infringes a valid patent, copyright, or trademark, and pay damages finally awarded or settlement amounts approved by us. If the Service becomes, or in our view may become, the subject of an infringement claim, we may (i) procure the right to continue use, (ii) modify it to be non-infringing, or (iii) terminate the affected portion and refund pre-paid unused fees.
15.2 By you. You will defend us against any third-party claim arising from (i) Customer Data, (ii) your or your Users' violation of law or these Terms, or (iii) your products or services.
15.3 Indemnification is conditioned on prompt notice, sole control of defense by the indemnifier, and reasonable cooperation.
16. Term, Termination & Suspension
16.1 These Terms remain in effect for the duration of any active Subscription.
16.2 Either party may terminate for material breach not cured within [30] days of written notice (or [10] days for non-payment).
16.3 We may suspend the Service immediately if your use poses a security risk, may subject us to liability, or violates Section 5.
16.4 Effect of termination. Upon termination, your right to use the Service ends. We will make Customer Data available for export for [30] days after termination, after which we may delete it in accordance with our retention policy.
16.5 Sections that by their nature should survive termination (e.g., IP, confidentiality, liability, indemnification, payment obligations) will survive.
17. Modifications to These Terms
We may update these Terms from time to time. Material changes will be notified at least [30] days before they take effect. Continued use after the effective date constitutes acceptance.
18. Export, Sanctions & Anti-Corruption
You represent you are not located in, and will not use the Service from, a sanctioned country, and you are not on a restricted-party list. Each party will comply with applicable anti-corruption laws.
19. Governing Law & Disputes
These Terms are governed by the laws of [State/Country], excluding its conflict-of-laws rules. The parties consent to exclusive jurisdiction in the courts of [Venue], except either party may seek injunctive relief in any court of competent jurisdiction to protect its IP or Confidential Information.
20. General
20.1 Entire agreement. These Terms, together with any Order Form, DPA, SLA, and policies referenced, are the entire agreement and supersede prior agreements on the subject.
20.2 Assignment. Neither party may assign without the other's consent, except to an affiliate or in connection with a merger or sale of substantially all assets.
20.3 Notices. Notices to us: [legal@example.com]; to you: the email on your account.
20.4 Force majeure. Neither party is liable for delays caused by events outside its reasonable control.
20.5 Independent contractors. No agency, partnership, or joint venture is created.
20.6 Severability & waiver. If a provision is unenforceable, the remainder stays in effect. A waiver must be in writing.
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