Terms of Service
These Terms of Service ("Terms") govern access to and use of EminenceCRM, a hosted customer relationship management service for field sales and real estate lead management (the "Service"), provided by Global Eminence Group LLC ("we", "us", "our").
"Customer" means the company that subscribes to the Service. "Authorized User" means an individual the Customer invites to use the Service under the Customer's account, including administrators and field representatives. By creating an account, clicking to accept these Terms, or using the Service, you agree to them. If you are accepting on behalf of a company, you represent that you have authority to bind that company, and "you" means that company.
If you do not agree to these Terms, do not use the Service.
1. The Service
We grant the Customer a non-exclusive, non-transferable, revocable right to access and use the Service during a paid subscription term, for the Customer's internal business purposes, subject to these Terms and to the limits of the Customer's plan.
The Service is provided on a software-as-a-service basis. We host it, we maintain it, and we may change its features over time. We will not materially reduce the core functionality of a plan during a term the Customer has already paid for. Beta or preview features may be withdrawn at any time.
2. Accounts, Authorized Users and seats
Each Customer receives a separate account. Data in one account is not visible from another. The Customer is responsible for all activity under its account, for keeping credentials confidential, and for the acts and omissions of its Authorized Users as if they were the Customer's own.
Plans include a number of user seats. A seat is consumed by each active Authorized User. Additional seats beyond a plan's included amount may be purchased for an additional charge, which the Customer agrees to by adding the seat. Deactivating a user frees their seat; reactivating a user consumes one. When an account is at its seat limit, adding or reactivating a user is refused until seats are freed or purchased.
Credentials are issued to one person and may not be shared. Signing in from a new device signs the same account out elsewhere.
The Customer must notify us promptly at vlad@globaleminencegroup.net of any unauthorized use of its account.
3. Fees, subscriptions and automatic renewal
Subscription fees, the billing interval and the number of included seats are shown at checkout and on the Customer's billing page. Payments are processed by Stripe, Inc. We do not receive or store full payment card numbers.
Subscriptions renew automatically. At the end of each billing interval the subscription renews for another interval of the same length, and the card on file is charged the then-current fee for the plan and seat count, until the subscription is cancelled. Fees for extra seats are charged in addition to the plan fee.
How to cancel. An administrator may cancel at any time from the billing portal linked in the Service, or by emailing vlad@globaleminencegroup.net. Cancellation takes effect at the end of the current paid period.
Trials. If a plan includes a free trial, a payment method is collected when the trial starts and is charged automatically when the trial ends unless the subscription is cancelled first.
Changes during a term. Adding seats, or upgrading to a plan with a higher fee, is charged immediately on a prorated basis for the remainder of the current billing interval. Downgrading to a plan with a lower fee, or removing seats, results in a prorated credit issued to the account's Account Balance. The Account Balance is not refundable and cannot be withdrawn or paid out; it is applied automatically to the account's future charges — including plan upgrades, additional seats, and recurring subscription charges — before the card on file is charged. Reducing seats below the number of active users is not permitted; deactivate the users first.
Price changes. We may change our fees. A change applies from the next renewal after we give at least 30 days' notice to the account's administrators.
Taxes. Fees are exclusive of sales, use and similar taxes, which the Customer is responsible for except for taxes on our income.
Non-payment. If a payment fails or a term lapses, access to the Service is suspended until the account is brought current. The Customer's data is retained during suspension in accordance with Section 12.
4. Refunds
Fees are non-refundable. We do not provide cash refunds for partial periods, unused seats, or periods during which the account was not used. On cancellation the Customer keeps access until the end of the period already paid for. Prorated credits for plan downgrades and seat reductions are issued as Account Balance under Section 3, not as refunds.
This does not limit any right the Customer has under applicable law that cannot be waived by contract.
5. Customer Data
"Customer Data" means everything the Customer and its Authorized Users put into the Service, including property records, contacts and phone numbers, distress case records, notes, logged knocks and calls, custom field values, planned routes, and imported files.
As between the parties, the Customer owns all Customer Data. The Customer grants us a limited licence to host, process, transmit and display Customer Data solely to provide, secure and support the Service, and as otherwise permitted by these Terms. We do not sell Customer Data, and we do not use it to train machine learning models or for advertising.
Our handling of personal information in Customer Data is described in our Privacy Policy. With respect to that information we act on the Customer's instructions as a service provider; the Customer is the party that decides what is collected and why.
6. Customer responsibility for lead data and contact activity
The Service records property owner information and door-knocking and calling activity. It is a record-keeping tool. It does not verify the lawfulness of the underlying data or of any contact the Customer makes. That responsibility is the Customer's, and it is a material part of this agreement.
The Customer represents and warrants that it will:
- Obtain all lead, property and owner data lawfully, and hold the rights necessary to load it into the Service. This includes data purchased from list vendors, obtained from public records, and collected in the field.
- Comply with all laws governing outreach to the people in its records, including the Telephone Consumer Protection Act, the Telemarketing Sales Rule, state telemarketing and robocall statutes, and text messaging and email marketing laws.
- Scrub calling lists against the National Do Not Call Registry and applicable state registries at the intervals those rules require, maintain an internal do-not-call list, and honor every opt-out request promptly. The Service does not perform registry scrubbing.
- Tag properties as Do Not Knock where required by law, at a property owner's request, or under the Customer's own policies. The Service hides Do Not Knock properties from the default knock list and displays a warning badge if the Customer chooses to include one anyway, but tagging a property accurately and promptly — including immediately after a property owner tells a representative not to return — is the Customer's responsibility alone. The Service's Do Not Knock status is a label the Customer maintains, not a compliance control, and we are not responsible for any contact the Customer or its representatives make with a property, whether or not it is tagged.
- Comply with all local ordinances governing door-to-door solicitation, including permit and registration requirements, permitted hours, no-soliciting notices, and municipal or property-level no-knock lists.
- Comply with all laws applicable to distressed property outreach, including foreclosure consultant, mortgage assistance relief, equity purchaser and probate solicitation statutes, and any licensing required for the Customer's activity.
- Provide any notice to, and obtain any consent from, the individuals whose personal information it loads into the Service that applicable law requires.
- Respond to requests those individuals make about their personal information. Where we receive such a request directly, we will refer it to the Customer.
We do not monitor the Customer's outreach and we give no legal advice about it. The Customer should confirm its practices with its own counsel.
7. Acceptable use
The Customer and its Authorized Users may not:
- Use the Service in violation of any law, or to harass, threaten or defraud anyone.
- Upload malicious code, or attempt to breach or circumvent the Service's security, access controls or account separation.
- Probe, scan or load-test the Service without our written permission.
- Resell, sublicense, or provide the Service to a third party as a service bureau.
- Copy, reverse engineer or create derivative works of the Service, except where that restriction is unenforceable by law.
- Extract data from the Service by automated means beyond the export features we provide.
- Use the Service to send unsolicited commercial messages in violation of Section 6.
We may suspend an account or an individual user immediately where we reasonably believe this section has been breached, or where continued access threatens the Service or another customer. We will tell the Customer's administrators when we do.
8. Third-party services
The Service relies on third parties, and use of the relevant features is subject to their terms:
- Stripe processes payments. Payment details are submitted directly to Stripe and are governed by Stripe's terms and privacy policy.
- Google Maps Platform provides address lookup, geocoding, route optimization, map display and Street View imagery. Use of those features is subject to the Google Maps/Google Earth Additional Terms of Service and the Google Privacy Policy. Street View imagery is displayed only and is never stored by the Service.
- Microsoft Azure hosts the Service and stores its data in the United States.
If the Customer configures an automation rule to send webhooks to a destination of its choosing, the Customer is responsible for that destination and for what happens to the data once we deliver it. Delivery is at-least-once, so receivers should tolerate a repeated delivery identifier.
9. Our intellectual property
We and our licensors own the Service, its software, design, documentation and trademarks. Nothing in these Terms transfers any of that to the Customer beyond the access right in Section 1. Feedback the Customer sends us may be used without restriction or obligation.
10. Confidentiality
Each party may receive non-public information from the other. The receiving party will use it only to perform under these Terms and will protect it with at least reasonable care. This does not apply to information that is public through no fault of the receiving party, was already known to it, or is independently developed. A party may disclose the other's confidential information where legally compelled, after giving notice where it is permitted to do so.
11. Disclaimers
The Service is provided "as is" and "as available". To the maximum extent permitted by law we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, title and non-infringement.
We do not warrant that the Service will be uninterrupted or error free, that it will be available at any particular level, that defects will be corrected, or that data it displays from third parties such as maps, geocoding results or Street View imagery is accurate or current. No service level agreement applies unless we have signed one separately.
The Service is not a compliance product. Nothing it produces is legal advice, and no feature of it — including Do Not Knock status — establishes that any contact the Customer makes was lawful.
12. Term, termination and data after termination
These Terms apply for as long as the Customer has an account. Either party may terminate for material breach if the breach is not cured within 30 days of written notice. We may terminate or suspend immediately for non-payment, or under Section 7.
On termination the Customer's right to use the Service ends. We do not currently offer a self-service or assisted export of Customer Data, and Customer Data is otherwise retained indefinitely following termination. If the Customer requests deletion of its Customer Data by emailing vlad@globaleminencegroup.net, we will delete it within 30 days of the request. Backups may persist for a further limited period before being overwritten in the ordinary course.
Sections 5, 6, 9, 10, 11, 13, 14 and 16 survive termination.
13. Limitation of liability
To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, lost revenue, lost business or lost or corrupted data, even if advised that they were possible.
Our total aggregate liability arising out of or relating to these Terms or the Service will not exceed the amounts the Customer paid us for the Service in the twelve months before the event giving rise to the claim.
These limits do not apply to the Customer's payment obligations, to either party's indemnification obligations, or to liability that cannot be limited by law.
14. Indemnification
The Customer will defend, indemnify and hold us harmless from any third-party claim, and any resulting loss, liability, penalty or reasonable legal fee, arising out of: the Customer Data; the Customer's or an Authorized User's use of the Service; the Customer's outreach to any individual, including any claim under the Telephone Consumer Protection Act, a do-not-call or do-not-knock rule, or a solicitation ordinance; or the Customer's breach of Section 6 or Section 7.
We will defend, indemnify and hold the Customer harmless from any third-party claim that the Service as provided by us infringes a United States patent, copyright or trademark, excluding claims arising from Customer Data or from use of the Service in breach of these Terms.
The indemnified party must give prompt notice, allow the indemnifying party to control the defense, and cooperate reasonably.
15. Changes to these Terms
We may update these Terms. If a change is material — including a change to the contracting entity (Global Eminence Group LLC) identified above or to the governing law or venue in Section 16 — we will give notice to the account's administrators at least 30 days before it takes effect, by email or in the Service, and will require an administrator to affirmatively accept the updated Terms before the account may continue using the Service on or after the effective date. Changes that are not material, including updates to contact or billing details, take effect when posted and do not require re-acceptance.
We retain a record of the version of these Terms each Customer accepted and the date of acceptance. The date at the top of this page is the date of the current version.
16. Governing law and disputes
These Terms are governed by the laws of the State of New Jersey, without regard to its conflict of laws rules. The parties submit to the exclusive jurisdiction of the state and federal courts located in Bergen County, New Jersey, and waive any objection to venue there.
Each party waives any right to a jury trial and to bring claims as a class or representative action. Before filing, a party will give the other written notice of the dispute and 30 days to resolve it.
17. General
These Terms, together with the Privacy Policy and any order form or written agreement we sign with the Customer, are the entire agreement between the parties on this subject and supersede any prior understanding. Where a signed agreement conflicts with these Terms, the signed agreement controls.
The Customer may not assign these Terms without our written consent, except to a successor in a merger or sale of substantially all its assets. We may assign on the same basis. Neither party is liable for a delay caused by events beyond its reasonable control. If a provision is held unenforceable, the rest remains in force. A failure to enforce a provision is not a waiver of it. The parties are independent contractors. Notices to us go to vlad@globaleminencegroup.net; notices to the Customer go to the email addresses of its administrators.
18. Contact
Global Eminence Group LLC 1025 Summit Avenue, Jersey City, NJ 07307 vlad@globaleminencegroup.net