1. Acceptance of Terms
By accessing or using Benefit Connect, you agree to be bound by these Terms and Conditions, our Privacy Policy, Refund Policy, and Data Policy. If you do not agree, do not use the Service.
2. Service Description
We provide a cloud-based CRM platform with AI-powered features including contact management, communication automation (SMS, email, calling), lead tracking, analytics, and integrations. Some features require additional third-party services and carrier fees.
3. Eligibility
- You must be at least 18 years old
- You are legally capable of entering contracts
- If acting on behalf of a company, you have authority to bind that company
- You may not use the Service if prohibited by law
4. Account & Registration
- You are responsible for maintaining account confidentiality
- You are liable for all activity under your account
- You agree to provide accurate, complete information
- You agree to update information as needed
- You may not share account credentials with unauthorized users
5. Subscription & Billing
5.1 Recurring Charges
All subscriptions renew automatically on a monthly or annual basis (as selected). You authorize us to charge your payment method for the applicable subscription fee.
5.2 Price Changes
We may change subscription fees with 30 days' notice. Changes take effect at your next billing date. Continued use after notice constitutes acceptance.
5.3 Auto-Renewal
Subscriptions automatically renew unless canceled. You must cancel before your billing date to avoid the next charge.
5.4 Failed Payments
If payment fails:
- We will retry using your payment method
- Your account may be suspended
- You remain responsible for all accrued fees
- Repeated failures may result in termination
6. Permitted Uses
You agree to use the Service only:
- In compliance with all applicable laws
- In accordance with TCPA, GDPR, CAN-SPAM, CASL, and similar regulations
- Only with recipients who have explicitly opted in
- Only with lawful business purposes
- Not for harassment, spam, or illegal activities
7. Prohibited Uses
You may not:
- Send spam, unsolicited messages, or mass communications
- Impersonate others or misrepresent sender identity
- Access or scan phone numbers, email addresses, or contact data without consent
- Circumvent TCPA, Do Not Call, or Do Not Email registries
- Scrape, crawl, or automate data collection from the Service
- Reverse engineer, decompile, or attempt to derive source code
- Interfere with Service infrastructure or security
- Transmit malware, viruses, or harmful code
- Violate intellectual property rights
- Resell, sublicense, or transfer your account
- Use the Service for illegal purposes
8. Compliance Obligations
8.1 TCPA Compliance
You acknowledge responsibility for TCPA compliance including:
- Obtaining prior express written consent before SMS/call campaigns
- Maintaining compliant opt-in records
- Honoring opt-out requests immediately
- Including clear identification and opt-out instructions in messages
- Avoiding calls to emergency numbers, hospitals, or Do Not Call listed numbers
We reserve the right to audit compliance and suspend accounts for violations.
8.2 Email & SMS Compliance
You agree to comply with CAN-SPAM (US), CASL (Canada), GDPR (EU), and similar regulations:
- Obtain explicit consent before sending marketing messages
- Include company name and physical address in emails
- Honor unsubscribe requests within 10 business days
- Provide clear opt-out mechanisms
- Not use misleading subject lines or sender information
8.3 Data Privacy
You represent that:
- You have obtained lawful consent for all data you upload
- You comply with data protection regulations in your jurisdiction
- You will not store prohibited data (children's data, health data without consent, etc.)
- You are responsible for any data subject requests regarding data processed through the Service
9. Intellectual Property
- We retain all rights to the Service, including code, interface, trademarks, and content
- You retain ownership of data you upload
- We may use de-identified, aggregated data for analytics and improvements
- You grant us a license to use your data as necessary to provide the Service
10. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW:
- We make no warranties, express or implied, about the Service
The Service is provided "as-is" without warranty of merchantability, fitness for a particular purpose, or non-infringement
- Our total liability is limited to fees paid in the 12 months prior to the claim
- We are not liable for indirect, incidental, consequential, or punitive damages
- We are not liable for third-party integrations, carrier services, or external tools
11. Indemnification
You agree to defend, indemnify, and hold us harmless from any claims, damages, or costs arising from:
- Your use of the Service
- Your violation of these Terms
- Your violation of applicable laws
- Your content or data
- Your TCPA, CAN-SPAM, GDPR, or similar violations
- Your infringement of third-party rights
12. Termination
12.1 By You
You may terminate your account at any time by canceling your subscription. Termination is effective at the end of your current billing period. No refunds are issued.
12.2 By Us
We may suspend or terminate your account immediately if:
- You violate these Terms
- You engage in spam, harassment, or illegal activity
- You fail to pay charges
- Required by law
- You violate TCPA, CAN-SPAM, GDPR, or similar regulations
Suspension includes disabling access, deleting data, and blocking re-registration.
12.3 Effects of Termination
Upon termination:
- Your account access is immediately revoked
- Data may be deleted after 30 days (within our discretion)
- You remain liable for all accrued fees
- Clauses that survive termination remain in effect
13. Data Deletion & Retention
- We maintain backups for disaster recovery (up to 30 days post-deletion)
- Deleted data is permanently removed from active systems
- We are not responsible for data loss resulting from your deletion
- Regulatory holds may require retention despite termination
- Third-party carriers retain SMS/call logs per their policies
14. Third-Party Services
- We are not responsible for third-party integrations, carrier services, or external APIs
- Carrier fees for SMS, voice, and email are billed separately and non-refundable
- Third parties have their own terms of service and privacy policies
- We do not guarantee third-party service availability or quality
15. No Chargeback Policy
By subscribing to Benefit Connect, you acknowledge that you have read and understood this provision and agree to be bound by it.
You agree that you will NOT dispute, chargeback, reverse, or take any action through your credit card company, bank, or payment processor to recover charges for services provided by Benefit Connect. You understand that:
- You have reviewed the Refund Policy, including our 30-day money-back guarantee
- The 30-day money-back guarantee is your exclusive remedy for subscription dissatisfaction
- All charges are legitimate and for services rendered
- You will exhaust all remedies with Benefit Connect support before pursuing any external payment dispute
If you dispute or chargeback any legitimate charge:
- You authorize Benefit Connect to immediately terminate your account and all access
- You agree to pay all costs associated with the dispute, including attorney fees and payment processor fees
- You agree that Benefit Connect may pursue legal action to recover all disputed amounts plus damages
- You acknowledge that this clause is a material term of your subscription agreement
- You consent that this acknowledgment is admissible as evidence in any payment dispute or chargeback proceeding
Chargebacks and payment reversals disrupt the integrity of our business and harm other users. By accepting these Terms, you agree not to initiate chargebacks except in cases of proven fraud or unauthorized use, which will only be considered if reported directly to support@benefitconnect.app within 30 days of the disputed charge.
16. Governing Law & Dispute Resolution
- These Terms are governed by [Your State/Country] law
- Any legal action must be brought within one year of the claim arising
- You agree to binding arbitration for disputes (except injunctive relief)
- Class actions are waived
- Arbitration occurs in [Your Location] under [Arbitration Rules]
17. Severability
If any provision is invalid, the remainder of these Terms remains in effect.
18. Entire Agreement
These Terms, Privacy Policy, Refund Policy, and Data Policy constitute the entire agreement between us.
19. Contact
- For questions about these Terms: legal@benefitconnect.app
Last updated: September 2026. Questions about this policy: support@benefitconnect.app
