Terms of Service

1. Introduction and Acceptance of Terms

Welcome to ChosenCRM. These Terms of Service ("Terms") constitute a legally binding agreement between you and Chosen CRM Inc. ("ChosenCRM," "we," "us," or "our") governing your access to and use of the ChosenCRM platform, including our website, applications, and related services (collectively, the "Service").

By creating an account, accessing, or using our Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use our Service.

If you are using the Service on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms, and "you" or "your" will refer to that entity.

2. Definitions

Throughout these Terms, the following definitions apply:

• "Service" means the ChosenCRM platform, including all features, applications, content, and services provided by ChosenCRM.
• "User" means any individual who accesses or uses the Service under your account.
• "Subscriber" means the individual or entity that has agreed to these Terms and created a subscription account.
• "Content" means any data, text, files, images, documents, or other materials uploaded, submitted, stored, or transmitted through the Service.
• "User Content" means Content that you or your Users upload or create through the Service.
• "Borrower Data" means information about your mortgage clients and prospects that you store in the Service.

3. Account Registration

3.1 Eligibility

To use ChosenCRM, you must:

• Be at least 18 years of age
• Be a licensed mortgage professional or operate a legitimate mortgage-related business (or be authorized to use the Service on behalf of such a person or business)
• Have the legal capacity to enter into a binding agreement
• Not be barred from using the Service under applicable law

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to:

• Create a strong, unique password for your account
• Enable multi-factor authentication when available
• Not share your login credentials with unauthorized individuals
• Immediately notify us at legal@chosencrm.com if you suspect any unauthorized access to your account

3.3 Accurate Information

You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete. We reserve the right to suspend or terminate your account if information provided is found to be inaccurate, false, or incomplete.

4. Service Description

4.1 What ChosenCRM Provides

ChosenCRM is a customer relationship management (CRM) platform designed specifically for mortgage professionals. Our Service includes:

• Lead and pipeline management
• Contact database and relationship tracking
• Task and workflow automation
• Communication tools (email, SMS, voice)
• AI-powered coaching and insights
• Reporting and analytics
• Borrower and partner portals
• Integration capabilities with LOS and third-party services
• Document management
• Gamification and accountability features

4.2 Feature Availability

Features may vary based on your subscription plan. Not all features are available in all plans. We reserve the right to modify, add, or remove features at any time.

4.3 Service Modifications

We continuously improve the Service and may modify features, user interface, or functionality. We will endeavor to provide notice of material changes that may significantly affect your use of the Service.

5. Subscription and Payment

5.1 Pricing

ChosenCRM is offered at $197 per month per user. Additional users, features, or services may be available at additional cost as specified at the time of purchase.

5.2 Billing Cycle

Subscriptions are billed monthly in advance. Your billing cycle begins on the date of your initial subscription and renews on the same date each month (or the nearest date if the original date does not exist in a given month).

5.3 Payment Methods

We accept major credit cards and debit cards. Payment is processed securely through our payment processor, Stripe. By providing payment information, you authorize us to charge your payment method for all fees due.

5.4 Failed Payments

If a payment fails:

• We will attempt to charge your payment method again within 3-5 business days
• We will notify you by email of the failed payment
• If payment is not received within 14 days, we may suspend your access to the Service
• Accounts suspended for non-payment may be terminated after 30 days

5.5 Price Changes

We may change our pricing at any time. Price changes will be communicated to you at least 30 days before they take effect. If you do not agree to the new pricing, you may cancel your subscription before the price change takes effect.

5.6 Taxes

All fees are exclusive of applicable taxes. You are responsible for paying any applicable sales, use, VAT, or other taxes, except for taxes based on our net income.

6. Free Trial

We may offer a free trial period at our discretion. During the free trial:

• You will have access to the Service without charge for the specified trial period
• You may be required to provide payment information to start the trial
• At the end of the trial, your subscription will automatically begin, and your payment method will be charged unless you cancel before the trial ends
• Trial terms and duration are specified at the time of signup and may vary

7. Cancellation and Refunds

7.1 How to Cancel

You may cancel your subscription at any time by:

• Going to Settings → Billing in your ChosenCRM account and selecting "Cancel Subscription"
• Emailing us at legal@chosencrm.com with your account email and cancellation request

Cancellation will take effect at the end of your current billing period. You will continue to have access to the Service until then.

7.2 Refund Policy

We do not provide refunds for partial months of service. However:

• If you cancel within 14 days of your initial subscription (not including free trial), you may request a full refund
• Refunds are not available for renewals or upgrades
• Refund requests should be sent to legal@chosencrm.com

7.3 Data After Cancellation

Upon cancellation:

• You may export your data before your access ends using our export tools
• Your data will be retained for 30 days after cancellation, after which it will be permanently deleted
• We may retain certain information as required by law or for legitimate business purposes

8. Acceptable Use Policy

8.1 Permitted Uses

You may use ChosenCRM for:

• Managing your mortgage lending business
• Tracking leads, contacts, and deals
• Communicating with borrowers, realtors, and business partners
• Storing and organizing business-related documents
• Generating reports and analytics for your business

8.2 Prohibited Uses

You agree NOT to use the Service to:

• Violate any applicable law, regulation, or industry requirement
• Send spam, unsolicited messages, or communications without proper consent
• Engage in harassment, abuse, threats, or discrimination
• Transmit malware, viruses, or other harmful code
• Attempt to gain unauthorized access to the Service or other accounts
• Interfere with or disrupt the Service or servers
• Scrape, crawl, or collect data from the Service without authorization
• Use the Service for any illegal purpose, including fraud
• Impersonate another person or entity
• Share your account credentials with unauthorized parties
• Reverse engineer, decompile, or disassemble any part of the Service

8.3 Compliance with Laws

You are responsible for ensuring your use of the Service complies with all applicable laws and regulations, including but not limited to:

• TCPA: Telephone Consumer Protection Act requirements for SMS and calling
• CAN-SPAM: Requirements for commercial email
• GLBA: Gramm-Leach-Bliley Act requirements for protecting consumer financial information
• Fair Housing Act: Non-discrimination in lending
• RESPA: Real Estate Settlement Procedures Act
• State Licensing Laws: Applicable mortgage licensing requirements

9. Your Content and Data

9.1 Ownership

You own your data. You retain all rights to the Content you upload, create, or store in ChosenCRM. We do not claim ownership of your User Content or Borrower Data.

9.2 License to Us

By using the Service, you grant us a limited, worldwide, royalty-free, non-exclusive license to access, use, process, and display your Content solely as necessary to:

• Provide and operate the Service
• Maintain, improve, and develop the Service
• Provide customer support
• Enforce these Terms

This license ends when you delete your Content or close your account.

9.3 Backup Responsibility

While we maintain backups of Service data, you are responsible for maintaining your own backups of important Content. We recommend regularly exporting critical data.

9.4 Data Export

You may export your data at any time using our built-in export tools. Exported data will be provided in standard formats (CSV, JSON).

10. Intellectual Property

10.1 Our Ownership

ChosenCRM and its licensors own all rights, title, and interest in and to the Service, including but not limited to:

• Software, code, and technology
• User interface design and layouts
• ChosenCRM name, logo, and branding
• Documentation and training materials
• Any improvements or modifications to the Service

10.2 Your License to Use

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes during your subscription period.

10.3 Restrictions

You may not:

• Copy, modify, or distribute the Service or any part thereof
• License, sublicense, sell, or resell the Service
• Use the Service to build a competing product
• Remove or alter any proprietary notices or labels on the Service

10.4 Feedback

If you provide us with suggestions, ideas, or feedback about the Service ("Feedback"), you grant us a perpetual, irrevocable, royalty-free license to use and incorporate such Feedback into the Service without obligation to you.

11. Third-Party Integrations

ChosenCRM integrates with third-party services to extend functionality, including:

• Loan origination systems (e.g., Arive)
• Automation platforms (e.g., Zapier)
• Calendar services
• Email and communication providers

Disclaimer: We are not responsible for the availability, accuracy, or performance of third-party services. Your use of third-party integrations is subject to those services' own terms and privacy policies. Third-party services may change or discontinue integration capabilities at any time.

12. Privacy

Your privacy is important to us. Our collection, use, and disclosure of your information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the practices described in our Privacy Policy.

13. Disclaimers

13.1 "As Is" Service

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

13.2 No Guarantee of Results

We do not guarantee that use of the Service will result in increased loan volume, revenue, or any specific business outcome. Your results depend on many factors outside our control.

13.3 Not Professional Advice

ChosenCRM is a software tool and does not provide financial, legal, tax, or professional advice. The AI coaching features provide suggestions based on data patterns but should not be relied upon as professional advice. Consult qualified professionals for advice on legal, financial, or regulatory matters.

13.4 Service Availability

We strive for high availability but do not guarantee that the Service will be uninterrupted, error-free, or available at all times. We may perform maintenance that temporarily affects Service availability.

14. Limitation of Liability

14.1 Cap on Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CHOSENCRM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF THE CAUSE OF ACTION OR THE THEORY OF LIABILITY.

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

14.2 Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or limitations on liability. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

15. Indemnification

You agree to indemnify, defend, and hold harmless ChosenCRM, its officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising from:

• Your use of the Service
• Your User Content
• Your violation of these Terms
• Your violation of any applicable law or regulation, including TCPA, CAN-SPAM, and GLBA
• Your violation of any third-party rights, including privacy or intellectual property rights
• Any claims by your borrowers, clients, or other third parties relating to your use of the Service

16. Dispute Resolution

16.1 Governing Law

These Terms and any disputes arising out of or relating to the Service shall be governed by and construed in accordance with the laws of the State of Arizona, without regard to its conflict of laws principles.

16.2 Informal Resolution

Before filing any formal dispute, you agree to contact us at legal@chosencrm.com to attempt to resolve the dispute informally. We will work in good faith to resolve any issues within 30 days.

16.3 Arbitration

If we cannot resolve a dispute informally, any controversy or claim arising out of or relating to these Terms or the Service shall be settled by binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in Maricopa County, Arizona, unless you and we agree otherwise.

16.4 Class Action Waiver

YOU AND CHOSENCRM AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

16.5 Exceptions

Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights or other proprietary rights.

17. Termination

17.1 Termination by You

You may terminate your account at any time by canceling your subscription as described in Section 7.1.

17.2 Termination by Us

We may suspend or terminate your account if:

• You violate these Terms or our Acceptable Use Policy
• You fail to pay subscription fees when due
• You engage in conduct that we determine is harmful to other users, third parties, or us
• Required by law or to protect the rights, property, or safety of ChosenCRM or others
• Your account is inactive for an extended period

We will provide notice before termination when practicable, except in cases of egregious violations or legal requirements.

17.3 Effect of Termination

Upon termination:

• Your right to access the Service immediately ceases
• We may delete your data according to our data retention policy
• Any provisions of these Terms that by their nature should survive termination shall survive (including ownership, disclaimers, indemnification, and limitations of liability)
• You remain responsible for any fees owed through the termination date

18. Modifications to Terms

18.1 How We Notify You

We reserve the right to modify these Terms at any time. We will provide notice of material changes by:

• Sending an email to your registered email address
• Posting a notice in the Service
• Updating the "Last Updated" date at the top of these Terms

18.2 Acceptance of Changes

Your continued use of the Service after the effective date of any modifications constitutes your acceptance of the updated Terms. If you do not agree to the modified Terms, you must stop using the Service and cancel your subscription.

19. General Provisions

19.1 Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and ChosenCRM regarding the Service and supersede all prior agreements and understandings.

19.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

19.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

19.4 Assignment

You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

19.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, government actions, or internet or telecommunications failures.

19.6 Notices

Notices to you may be sent to the email address associated with your account. Notices to us should be sent to legal@chosencrm.com.

20. Contact Information

If you have questions about these Terms of Service, please contact us:

For legal inquiries, please include "Legal Inquiry" in your subject line.