Logica CRM Terms & Conditions

TERMS OF SERVICE

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCEPTING THESE TERMS OF USE, IN CONJUNCTION WITH OUR PRIVACY POLICY AND ANY OTHER AGREEMENTS SPECIFICALLY REFERRED TO HEREIN (COLLECTIVELY REFERRED TO AS THE “TERMS”), YOU ARE ENTERING INTO A BINDING LEGAL AGREEMENT BETWEEN YOU (OR THE ENTITY YOU REPRESENT) AND UP MARKETING, INC, INCLUDING ITS OFFICERS, DIRECTORS, SUCCESSORS, AND ASSIGNS (HEREAFTER REFERRED TO AS “UP MARKETING,” “WE,” “US,” OR “OUR”). THESE TERMS WILL GOVERN YOUR ACCESS TO AND USE OF THE CRM PLATFORM BY HIGHLEVEL, INC(HEREAFTER REFERRED TO AS “HIGHLEVEL” “THEY,” “THEM,” OR “THEIRS”) AND ALL RELATED INTERACTIONS WITH HIGHLEVEL, INC CONCERNING THE PLATFORM.

IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCEPT THEM, CREATE AN ACCOUNT, OR USE THE CRM PLATFORM. IN THE EVENT OF A CONFLICT BETWEEN THESE TERMS OF USE AND ANY ADDITIONAL AGREEMENTS INCORPORATED HEREIN BY REFERENCE, THESE TERMS OF USE SHALL PREVAIL.

1. Introduction and Acceptance of Terms

• Welcome to Up Marketing’s Customer Relationship Management (CRM) services. This document, the Terms of Use (“Terms”), sets forth the terms and conditions governing your access to and use of our CRM services.
  1.1 Platform Provider: The CRM platform is created and maintained by HighLevel. Consequently, all data generated, stored, or processed through this platform is hosted on HighLevel’s servers. Up Marketing Inc, trading as Logica CRM., does not host, store, or directly control the data on these servers.
  1.2 Service Scope: Our role involves accessing customer accounts hosted on HighLevel’s platform to assist with account setup, modifications, and automation processes. We are dedicated to providing these services to enhance your experience with the CRM.
  1.3 Liability Limitation: While we strive to offer reliable and efficient services, Up Marketing Inc is not liable for any issues, losses, or damages arising from the storage, management, or security of data on HighLevel’s servers. We emphasize that our services are confined to account setup and management support, without direct influence over the data hosting infrastructure of HighLevel.
  1.4 By accessing or using our CRM services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with any part of these Terms, you should not use our services.

2. Use of Platform

2.1 Age Restrictions: You must be at least 18 years old to use our CRM Platform. By accepting these Terms, creating a Platform Account, or using our CRM Platform, you represent that you are at least 18 years old. You must not create a customer account unless you are at least 18 years of age.

2.2 Platform Account Ownership: Your use of our CRM Platform is conditioned upon providing complete, current, and accurate information during the registration process. The CRM Platform is intended for business use or in connection with an individual’s trade, craft, or profession. As the individual accepting these Terms, you are the owner of the Platform Account unless you are acting on behalf of a business entity, in which case the business entity owns the Platform Account. If you accept these Terms on behalf of a business entity, you represent and warrant that you have the authority to bind the business entity to these terms.

2.3 Intended Use: You and your customers may use the CRM Platform only as intended for lawful purposes and in accordance with these Terms. You agree not to use the Platform in any way that violates applicable law or regulation. You are responsible for maintaining all licenses, permissions, authorizations, consents, and permits necessary to use the Platform. You are also responsible for your actions and the actions of your employees, agents, and customers using the Platform. Misrepresentation of the Platform or the Services is prohibited. You must ensure that you own or control all rights to any content provided to Up Marketing and HighLevel, and are responsible for the integrity of data transmitted through the Platform. Cooperation with law enforcement and regulatory information requests is expected.

2.4 Privacy: By using the CRM Platform and providing information on or through it, you consent to Up Marketing Inc.’s and HighLevel’s use of the information in accordance with our Privacy Policy. You are responsible for implementing and enforcing a Privacy Policy for your customers that offers protection at least equal to our Privacy Policy. Consent from your customers must be obtained, acknowledging their agreement to your privacy policy. You warrant that you have provided adequate notices and obtained necessary permissions for customer data processing in line with these Terms and our Privacy Policy.

2.4.A Data Access Authorization

By using the Logica CRM platform, you hereby grant Up Marketing Inc. and its authorized representatives the right to access your business-sensitive information as necessary for the provision of services. This access is granted on an as-needed basis and is intended to enable Up Marketing Inc. to offer tailored support, service optimization, and platform enhancements for the benefit of your business operations.

2.4.B Data Usage Commitment

Up Marketing Inc. commits to maintaining the highest level of confidentiality and integrity with respect to your business-sensitive information accessed through the Logica CRM platform. We pledge not to use, disclose, sell, or distribute any such data without your express consent, except as required to provide and improve the services offered through the Logica CRM platform or as required by law. Our use of your data is further outlined in our Privacy Policy, which details our data protection measures and your rights regarding your information.

2.5 Login Credentials: You are responsible for maintaining the confidentiality of your Login Credentials and all activities under your Platform Account. Promptly notify Up Marketing Inc. of any unauthorized use of your account. We reserve the right to disable your Login Credentials at our discretion for any reason, including suspected violation of these Terms. Platform Accounts are non-transferable, and you must take measures to prevent unauthorized access using your Login Credentials.

2.6. Use of Communication Services: The CRM Platform may offer communication features like SMS, MMS, email, voice calls, and other methods. By using these features, you agree that you are solely responsible for all communications sent through our Platform, including compliance with all relevant laws such as the Telephone Consumer Protection Act (TCPA) and the CAN-SPAM Act. You represent and warrant that you understand and will comply with these laws. HighLevel is solely a technology platform providing communication services and does not originate, send, or deliver any communications via SMS, MMS, email, or other methods. You control the messages, timing, sending, fraud prevention, and call blocking. All communications are created and initiated by you or your customers, whether manually or automatically via the Platform.

2.7. Third Party Services: The CRM Platform may incorporate or provide access to third-party services. Up Marketing Inc. and HighLevel is not responsible for the functionality or accessibility of these third-party services. If you pause or delete some or all of your Platform Account, certain features or functionalities may not be retrievable upon reactivation. In cases where Up Marketing Inc. incurs ongoing costs for third-party services (like maintaining specific phone numbers) during account pauses exceeding thirty (30) days, we reserve the right to release the phone number or delete parts of your Platform Account at our discretion, without liability. Up Marketing Inc. disclaims all liability related to outages or downtime of third-party services.

2.8. Third Party Content: The Platform may include content provided by third parties. Your use of such third-party content is at your own risk and discretion. Up Marketing Inc. does not endorse, represent, warrant, or assume responsibility for third-party content and assumes no liability for it. You are responsible for ensuring that your engagement with third-party content complies with these Terms and applicable laws.

2.9. Customizations: You may be able to customize portions of the CRM Platform with your branding, including your name, logo, trademark, and color scheme. You are solely responsible for any intellectual property concerns related to these customizations. However, customizations should not mislead others to believe they are independently developed products. Up Marketing Inc. and HighLevel reserve the right to remove any customizations without prior notice and without liability.

2.10. Excessive Use Restrictions: HighLevel CRM Platform is provided on a tiered pricing basis, with different tiers accommodating varying levels of data processing. Up Marketing Inc. is not liable for performance issues arising from excessive data usage. If your data usage is deemed excessive or negatively impacts the Platform, we may require you to upgrade your services, suspend or terminate your use of the Platform, or impose limits on your data usage.

2.11. Platform Updates: HighLevel reserves the right to update or modify the CRM Platform at any time, including changes that may affect its previous mode of operation. You acknowledge and agree that your use of the Platform or purchase of Services is not contingent upon the delivery or release of any specific functionality or feature by HighLevel, nor dependent on the continuation of a particular Service or any third-party services. Such updates or modifications may be made to improve the functionality, user experience, security, or for other business reasons, and may be done without prior notice to you.

3. International Use

3.1 If you are located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country, or if you are listed on any U.S. government list of prohibited or restricted parties, you are prohibited from using the Logica CRM platform provided by Up Marketing Inc.

3.2 Up Marketing Inc. makes no representation that the materials provided on the Logica CRM platform are appropriate, lawful, or available for use in locations outside the United States. Access to the Logica CRM platform from territories where its contents are illegal is not authorized. Those who choose to access the Logica CRM platform from locations outside the United States do so on their own initiative and are responsible for compliance with local laws.

3.3 If you choose to access the Logica CRM platform from outside the United States, you are solely responsible for ensuring compliance with the local laws in your jurisdiction, including, but not limited to, the taxation of products or services purchased over the internet. Furthermore, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send using the Logica CRM platform may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

3.4 Any offer for any product, service, and/or information made in connection with the Logica CRM platform is void where prohibited. If you use our platform, you agree not to involve Up Marketing Inc. in any legal liability directly or indirectly associated with international use.

4. Non-Affiliation with HighLevel

4.1 Up Marketing Inc. Independence Declaration: Up Marketing Inc. hereby declares that it is an independent entity and is not related to, affiliated with, or endorsed by HighLevel in any capacity. Users of the Logica CRM platform provided by Up Marketing Inc. must recognize and respect the following stipulations:

4.2 Distinct Identity: Up Marketing Inc. operates independently from HighLevel. Any services, support, or communications provided through the Logica CRM platform are solely the responsibility of Up Marketing Inc.

4.3 No Endorsement: There is no partnership, endorsement, or affiliation between Up Marketing Inc. and HighLevel. Users should not infer any such relationship based on the use of the Logica CRM platform.

4.4 Responsibility for Communications and Support: All inquiries, support requests, and communications regarding the use of the Logica CRM platform should be directed to Up Marketing Inc. alone.

5. Prohibited Uses

• The actions listed below are strictly prohibited when using the Logica CRM platform. Engaging in any of these prohibited activities constitutes a significant violation of the agreement with Up Marketing Inc. Such violations may lead to the immediate suspension or termination of your access to the platform, in line with our Terms:
• Illegal Activities: Using the platform in any manner that breaches any applicable law or regulation.
• Exploitation and Harm: Utilizing the platform to exploit, harm, or attempt to exploit or harm individuals in any way.
• Non-compliant Material: Sending, receiving, uploading, downloading, using, or reusing any content that fails to adhere to the terms outlined in this agreement.
• Unlawful Communications: Employing the platform to transmit, or facilitate the sending of, any unauthorized or illegal advertising or promotional materials, such as “junk mail,” “chain letter,” “spam,” or similar solicitations.
• Impersonation: Impersonating or attempting to impersonate Up Marketing Inc., an employee of Up Marketing Inc., another user, or any other person or entity (including using email addresses or usernames associated with the aforementioned).
• Restrictive or Harmful Conduct: Engaging in conduct that limits or hinders any other user’s use or enjoyment of the platform, or engaging in any behavior that, as determined by Up Marketing Inc., could harm users of the platform or expose them or Up Marketing Inc. to liability.
• Overburdening the Platform: Using the platform in a way that could disable, overburden, damage, or impair the service, or interfere with any other party’s use of the platform, including their ability to engage in real-time activities through the service.
• Automated Access: Employing any robot, spider, or other automatic devices, processes, or means to access the platform for any unauthorized purpose, including monitoring or copying material from the platform.
• Unauthorized Monitoring: Using any manual process to monitor or copy material from the platform without prior written consent from Up Marketing Inc.
• Interference with Service: Utilizing any device, software, or routine that interferes with the platform’s proper operation.
• Malicious Software: Introducing viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful to the platform.
• Unauthorized Access: Attempting to gain unauthorized access to, interfere with, damage, or disrupt any parts of the platform, the server on which the platform is hosted, or any server, computer, or database connected to the platform.
• Service Attacks: Launching a denial-of-service attack or a distributed denial-of-service attack against the platform.
• Interference with Operation: Attempting to interfere with the proper working of the platform in any other manner.

6. Payment

a. Fees: Your access to and use of the Logica CRM platform are contingent upon the timely payment of all applicable fees (“Fees”). Fees are subject to change. All Fees are exclusive of any communication surcharges (“Communication Surcharges”) related to your use of the platform. Communication Surcharges will be itemized separately on invoices. Please note that all Fees and Communication Surcharges are nonrefundable. Fees will be charged to the credit card information on file with Up Marketing Inc. Subscription fees are billed in advance of the services provided. You agree to furnish us with accurate and complete billing information (including your name, address, credit card details, and telephone number) and to inform us of any changes to this information within ten days of the change.

b. Noncancellable Fees: Certain service subscriptions may require a minimum subscription period that is noncancellable. These subscriptions cannot be canceled until the end of the commitment period. Fees for these noncancellable minimum subscription commitments will continue to be charged to your account until the commitment period has been completed.

d. Taxes: You are solely responsible for all taxes and governmental assessments related to your use of the Logica CRM platform, including transactions with your customers. Up Marketing Inc. may, as required by law or at its discretion, collect taxes as part of the fees. Our determination of what taxes to collect and when is final. If additional taxes are deemed due, we reserve the right to collect these from you. You will indemnify Up Marketing Inc. against all claims related to taxes associated with your activities on the platform. All taxes collected are nonrefundable.

e. Overdue Amounts: If your payment method, such as a credit card, is declined or refuses payment for the services you’ve purchased, we may suspend or terminate your access to the Logica CRM platform and services. You’ll need to settle any overdue amounts, including any related third-party charges or penalties. If we need to take legal action to collect payments due, you agree to cover all expenses incurred by us, including attorneys’ fees and legal costs.

f. Payment Disputes: Should you dispute any billed fees or charges, you must notify us in writing within 60 days of the billing date. You are required to pay all invoiced amounts during the dispute resolution process. Failing to do so will result in waiving your right to dispute the charges. You agree to cooperate fully and in good faith to resolve any disputes. Up Marketing Inc.’s decisions regarding your payment obligations are final.

g. No Refunds or Credits: Fees assessed by Up Marketing Inc. for your use of the Logica CRM platform are non-refundable, except under specific circumstances as determined by us. You are liable for any excess fees incurred due to errors or omissions by you or third parties. We do not issue refunds or credits for such errors, nor for partially used or unused services. Our decision to issue or deny refunds or credits is final and may be made at any time for any reason.

h. Cancellations: You are responsible for canceling any services linked to your account. You will be charged for all fees incurred up until the cancellation is processed. No refunds are available for failure to properly cancel services.

i. Responsibility for Financial Transactions: All financial transactions conducted on the platform or through the use of our services, including those using enabled billing tools, are your responsibility. This includes all chargebacks related to you and your customers’ activities, regardless of the reason.

7. Disclaimers

General Disclaimer: The Logica CRM platform, offered by Up Marketing Inc., is provided on an “AS IS” and “AS AVAILABLE” basis, without any warranty of any kind, either express or implied. This includes, but is not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Your use of the Logica CRM platform is at your sole discretion and risk. You are solely responsible for any damage to your computer system or loss of data resulting from such use. Up Marketing Inc. expressly disclaims any responsibility or liability for the deletion, failure to store, or misdelivery of any information or content maintained or transmitted on or through the Logica CRM platform.

No Guarantee of Uninterrupted Service: We do not warrant that (a) the Logica CRM platform will meet your requirements, (b) access to the platform will be uninterrupted, timely, secure, or error-free, (c) the results obtained from using the platform will be accurate or reliable, or (d) the quality of any services, information, or other material obtained by you through the platform will meet your expectations or be free from mistakes, errors, or defects.

Internet and Telecommunications Networks: You acknowledge the inherent risks of the internet and telecommunications providers’ networks, which are beyond our control. Consequently, Up Marketing Inc. is not liable for any alterations, interceptions, or loss of your data while in transit via the internet or telecommunications providers’ networks.

Third-Party Transactions: Up Marketing Inc. makes no warranty regarding any transactions executed through, or in conjunction with, third-party services, and such transactions are conducted entirely at your own risk. Warranties provided in connection with any services or content available through third-party services are solely provided by such third parties.

Modifications and Discontinuation: Up Marketing Inc. reserves the right to modify or discontinue the Logica CRM platform, including any of its services or features, at any time with or without notice to you, and shall not be liable for such modifications or discontinuation. This includes changes to the pricing structure and the addition of new services. Any enhancements to current services will also be subject to these terms.

Jurisdictional Variations: Some jurisdictions do not allow the exclusion of certain warranties, so the above disclaimers may not apply to you entirely. You are encouraged to consult local laws applicable to your use of the Logica CRM platform.

8. Term and Termination

These Terms are effective as long as you maintain a Platform Account with the Logica CRM platform, operated by Up Marketing Inc. and hosted by HighLevel.com. Certain provisions within these Terms are intended to remain in effect even after the termination of your Platform Account and will continue to bind you beyond your period of active use.

a. Grounds for Termination: Up Marketing Inc., at its sole discretion and in coordination with the hosting services provided by HighLevel.com, reserves the right to suspend or terminate your access to the Logica CRM platform (or any part thereof) at any time, for any reason, with or without notice. This includes but is not limited to suspension or termination based on suspected fraudulent, abusive, or illegal activity. Such activities may also result in the barring of your access to the platform and possible legal action. Up Marketing Inc., in accordance with HighLevel.com’s policies, reserves the right to delete Platform Accounts that have remained inactive for at least one (1) year.

b. No Right to Services Upon Termination: Upon the termination of your account, for any reason, your right to use the Logica CRM platform will immediately cease. Up Marketing Inc., in coordination with HighLevel.com, is not liable for any claims, damages, losses, or costs arising from such termination or suspension.

c. How to Terminate or Make Adjustments: Should you wish to terminate your access to the Logica CRM platform or make adjustments to your account, Up Marketing Inc. requires written notice at least 30 days before your next billing cycle.

d. No Termination by Third Party Users: Access to subscriptions not directly purchased through Up Marketing Inc. but facilitated via HighLevel.com’s platform is limited. Users granted access by a party other than Up Marketing Inc. must seek that party for any termination-related inquiries.

e. Force Majeure: Up Marketing Inc., in alignment with HighLevel.com’s practices, shall be excused from liability for non-delivery or delay in delivery of services provided through the Logica CRM platform arising from events beyond our reasonable control. This includes, but is not limited to, labor disturbances, war, fires, accidents, adverse weather, transportation difficulties, government acts or regulations, and other unforeseen events or conditions.

9. Applicable Law, Binding Arbitration, and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY.

These Terms of Service and any disputes arising under or related to these Terms or the Logica CRM platform operated by Up Marketing Inc. will be governed by the laws of the State of Massachusetts, USA, without regard to its conflict of law principles.

Any dispute, controversy, or claim arising out of, relating to, or in connection with these Terms or the Logica CRM platform, by HighLevel.com, will be exclusively resolved through binding arbitration conducted by the American Arbitration Association under its Commercial Arbitration Rules then in effect. This arbitration agreement is subject to the Federal Arbitration Act. Arbitration proceedings will take place in Massachusetts, USA. Any award rendered by the arbitrator(s) may be confirmed and enforced in any court of competent jurisdiction.

All disputes arising under these Terms must be brought in an individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Arbitration or litigation of claims will not be conducted jointly or consolidated with any other parties.

16. Communications and Contact Information

Notices to either party must be given in writing, primarily via email. For notices to Up Marketing Inc., please direct your correspondence to legal@upmarketinginc.com. We will send notices to you at the email address provided upon registration, or any other address we hold for you. Notices are deemed received upon delivery.

Up Marketing Inc. may reach out to you regarding these Terms using the contact information you have provided or through other means if no specific contact information is available. Should you wish to opt out of receiving communications from Up Marketing Inc., please use the “unsubscribe link” in our communications or inform us at info@upmarketinginc.com 

Upon creating an account for the Logica CRM platform, by HighLevel.com, you must specify a primary email address for receiving electronic communications related to these Terms. Up Marketing Inc. will never request confidential information such as account numbers, usernames, or passwords via email. Should you receive such a request purporting to be from Up Marketing Inc., do not respond and notify us immediately at info@upmarketinginc.com.

For feedback, technical support requests, or other inquiries related to the Logica CRM platform or these Terms, please contact Up Marketing Inc. at info@upmarketinginc.com or mail us at:

32 Hastings St. Suite 206
Mendon, MA 01756