Terms and Conditions

Effective Date: September 29, 2026

These Terms and Conditions ("Terms") govern your access to and use of Profit Max CRM, a cloud-based customer relationship management platform operated by Profit Max CRM LLC ("we", "us", or "our"). By accessing or using our service, you agree to be bound by these Terms.

1. Acceptance of Terms

By creating an account, accessing, or using Profit Max CRM, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree with any part of these Terms, you must not use the service.

2. Description of Service

Profit Max CRM is a cloud-based CRM platform designed for business management. The platform provides tools for contact management, estimating, invoicing, work order management, scheduling, team management, communication (SMS, email, voice), payment processing, reporting, and automation.

3. Account Registration

• You must provide accurate, complete, and current information during registration
• You are responsible for maintaining the confidentiality of your login credentials
• You are responsible for all activity that occurs under your account
• You must notify us immediately of any unauthorized use of your account
• You must be at least 18 years old to create an account

4. Workspaces and Authorized Users

Profit Max CRM organizes data into workspaces, typically one per business. Each workspace has an Owner (the "Customer" of record under these Terms) and may have additional authorized users (employees, contractors, or other team members) granted access by the Owner.

• The Owner is the party financially and contractually responsible for the workspace, including all subscription fees, and is the controller of the workspace's data
• The Owner is responsible for the actions of every authorized user on the workspace, and for promptly revoking access when a user's relationship ends
• Authorized users have access according to the role and permissions configured by the Owner
• Profit Max CRM LLC interacts with the Owner as the authoritative point of contact for billing, account changes, and data requests
• A user removed from a workspace retains no further access to that workspace's data

5. Subscription, Billing, and Free Trial

Free Trial

Profit Max CRM offers a fourteen (14) day free trial to new workspaces. During the trial, you have access to platform features without charge. You may cancel at any time before the trial ends without obligation. If you do not cancel before the trial expires, your subscription automatically begins and you will be charged the then-current rate for the plan you selected. Profit Max CRM LLC may modify or end trial availability at any time.

Subscription

• Ongoing access to Profit Max CRM after the free trial requires an active paid subscription
• Subscription plans and pricing are listed on our website and may be updated from time to time
• Subscriptions automatically renew at the end of each billing cycle unless canceled before the renewal date
• All payments are processed securely through Stripe
• Usage-based charges apply in addition to your subscription. Currently, outbound SMS sent through Profit Max CRM bills at $0.10 per message, and calls on your Profit Max CRM phone numbers bill at $0.05 per minute (each call rounded up to the whole minute; calls that never connect are not billed), on a separate monthly invoice (billed monthly even when the underlying plan is yearly). Texting setup carries a one-time, non-refundable carrier registration fee of $25. Phone numbers past the number your plan includes bill at $3 per number per month, for each calendar month the number is held, on the same monthly invoice. See Section 7 for SMS details. Other usage-based or pass-through charges may apply where disclosed
• Email campaigns (bulk marketing email) are limited to a monthly allowance set by your plan, with a lower allowance during the free trial. A campaign that would exceed the remaining allowance is not sent. Transactional email, such as quotes, invoices and reminders, is not limited by this allowance
• You are responsible for any sales tax, VAT, or other taxes applicable to your subscription, and we may collect such taxes where required by law
• Refunds are handled on a case-by-case basis at our discretion; Profit Max CRM LLC is under no obligation to refund partial billing periods
• We reserve the right to change pricing with thirty (30) days' notice to active subscribers

6. Acceptable Use

You agree not to:

• Use the service for any illegal or unauthorized purpose
• Reverse engineer, decompile, or disassemble any part of the platform
• Attempt to gain unauthorized access to other accounts, systems, or networks
• Scrape, harvest, or extract data from the platform through automated means
• Transmit any malware, viruses, or malicious code
• Use the platform to send unsolicited communications (spam)
• Interfere with or disrupt the integrity or performance of the service
• Sublicense, resell, or redistribute access to the platform without our written consent

7. SMS/Text Messaging Terms

Messages From Profit Max CRM to You

This section describes the Profit Max CRM account notifications program: text messages Profit Max CRM LLC sends to its own customers and trial users who turned on Text Notifications in their account settings (or confirmed the same consent during a sales-assisted checkout). The program sends account and onboarding messages, trial and billing notifications, and, only with the optional marketing opt-in, occasional product or offer updates. Customer support is handled by email at [email protected], not by text.

• You can cancel at any time by replying STOP to any message. After you text STOP, we will send one final message confirming you have been unsubscribed, and you will receive no further messages unless you opt back in
• Reply HELP to any message for assistance, or contact us at [email protected] or (210) 560-5966
• Message frequency varies; a typical new account receives a handful of onboarding and trial messages in its first weeks, then occasional account notifications
• Message and data rates may apply for messages sent to you from us and from you to us. For questions about your text or data plan, contact your wireless provider
• Messages are supported on all major US wireless carriers; carriers are not liable for delayed or undelivered messages
• Consent is not a condition of signing up or purchasing. If you have questions about privacy, read our Privacy Policy

The full program disclosure, including the exact opt-in language, is published at https://profitmaxcrm.com/sms-opt-in.

Messages You Send Through Profit Max CRM

Profit Max CRM includes SMS/text messaging features that allow businesses to communicate with their customers. By using the SMS features of Profit Max CRM, you agree to the following:

• Program Description: Profit Max CRM sends transactional and informational text messages on behalf of businesses, including quote and invoice notifications, appointment reminders, service follow-ups, review requests, and promotional offers
• Message Frequency: Message frequency varies based on your business activity and the communication preferences you configure
• Message and Data Rates (Recipients): Wireless carrier message and data rates may apply to recipients. Recipients should contact their wireless carrier for details about their messaging plan
• Per-Message Pricing (Customer): Outbound SMS sent through Profit Max CRM is billed to the workspace Owner at $0.10 per message. SMS usage accrues throughout each calendar month and is invoiced monthly on a Stripe subscription separate from the plan subscription, so the cadence does not change if the plan subscription is annual. Months with no SMS sends incur no SMS invoice. Pricing may change with thirty (30) days' notice to active subscribers
• Opt-Out: Message recipients may opt out of receiving text messages at any time by replying STOP to any message. After texting STOP, the recipient receives one final message confirming they have been unsubscribed, and no further messages will be sent unless the recipient opts back in
• Help: Message recipients may reply HELP for assistance or contact [email protected] for support
• Consent: You are solely responsible for obtaining and maintaining proper prior express consent (and prior express written consent for marketing messages) from each recipient before sending them text messages through Profit Max CRM, in compliance with the federal Telephone Consumer Protection Act (TCPA), state mini-TCPA statutes (including but not limited to the Florida Telephone Solicitation Act, Washington's Commercial Electronic Mail Act, and Oklahoma's Telephone Solicitation Act), and any other applicable law. You must not use the platform to send unsolicited text messages, and you are responsible for keeping evidence of consent for each recipient
• Quiet Hours: You must not send marketing or promotional text messages outside the recipient's local 8:00 AM to 9:00 PM window (8:00 AM to 8:00 PM in Florida). Profit Max CRM enforces this restriction on automation-driven and scheduled sends; you remain responsible for the timing of any manually composed message
• Do Not Call / Do Not Text: You are responsible for scrubbing your audience against the federal Do Not Call Registry and any applicable state DNC lists for marketing sends
• Opt-Out Honoring: When a recipient replies STOP (or any equivalent opt-out keyword) to a message sent through Profit Max CRM, Profit Max CRM will record that recipient as opted out and prevent further outbound SMS to that number on your behalf. You agree not to attempt to bypass or override an opt-out
• Supported Carriers: Messages are supported on all major US wireless carriers
• Carrier Liability: Carriers are not liable for any delayed or undelivered messages
• Shared Trial Pool Use: Until your A2P 10DLC brand registration is approved, your outbound messages may be routed through Profit Max CRM's shared messaging service. While using the shared pool, Profit Max CRM may apply additional restrictions including daily volume caps, content filtering for prohibited categories (SHAFT-C: sex, hate, alcohol, firearms, tobacco, controlled substances, gambling), public-URL-shortener blocking, and a prohibition on bulk campaign sends. These restrictions are removed once your own brand registration is approved
• Privacy: Phone numbers collected through Profit Max CRM are not sold, rented, or shared with third parties for their marketing purposes. See our Privacy Policy for details

Carrier Registration (A2P 10DLC): To enable compliant SMS messaging in the United States, you authorize Profit Max CRM LLC to submit your business identity, Employer Identification Number (EIN), and related information to The Campaign Registry (TCR) and Twilio on your behalf as your Independent Software Vendor (ISV) for the purpose of registering an A2P 10DLC brand and messaging campaign. You are responsible for the accuracy of all information you provide for registration and for completing any identity verification step (such as an email confirmation link or SMS one-time password) the carrier registry requires. Carrier review may take up to fifteen (15) business days. During the review period, your outbound messages may be routed through Profit Max CRM's shared messaging service. Carrier fees associated with brand registration, campaign vetting, and recurring campaign maintenance are included in your subscription.

8. Email Communications

Profit Max CRM provides tools for sending transactional and marketing email to your customers and leads, including automations. When using these features, you agree to the following:

• CAN-SPAM Compliance: You must comply with the United States CAN-SPAM Act, the Canadian Anti-Spam Legislation (CASL), and any other applicable email regulations in jurisdictions where your recipients reside
• Accurate Sender Information: "From" lines, subject lines, and message content must not be false or misleading; your business identity must be clearly identifiable
• Physical Postal Address: Marketing email must include a valid physical mailing address for your business
• Unsubscribe: Every marketing email must include a working unsubscribe mechanism; unsubscribe requests must be honored within ten (10) business days
• Consent: You are responsible for ensuring you have lawful permission to email each recipient. Profit Max CRM LLC is not responsible for obtaining or verifying that permission on your behalf
• Suspension for Abuse: Profit Max CRM LLC may suspend email-sending features for workspaces that generate excessive spam complaints, bounces, or appear on email blacklists, until the issue is resolved

9. Third-Party Apps and Integrations

Profit Max CRM integrates with and provides access to a number of third-party services to deliver its features. These integrations fall into two categories.

Platform-Managed Integrations

Services that Profit Max CRM LLC integrates and operates on your behalf, with costs included in your subscription:

• Twilio - SMS messaging, voice calls, and A2P 10DLC carrier registration (see Section 6)
• SendGrid - Transactional and marketing email delivery
• Google APIs - Maps, geocoding, address autocomplete, and route planning
• Anthropic AI - Call transcription, sentiment analysis, and AI-assisted features

Customer-Connected Apps

Services you may authorize Profit Max CRM to access using your own third-party accounts. You retain a direct relationship with each provider and remain responsible for any fees, terms, or obligations under that relationship:

• Stripe (including Stripe Connect) - Accept payments from your customers
• Google Calendar - Two-way calendar sync
• Google Ads, Google Local Services Ads, Meta Ads - Ad performance, conversion tracking, and ROI reporting
• Gusto - Payroll integration
• QuickBooks - Accounting and financial data sync
• Zapier - Automated connections to and from other services

Your Responsibilities

• You must comply with each third-party provider's terms of service and applicable laws (including TCPA, CAN-SPAM, and other communications regulations)
• You are responsible for any fees, taxes, or charges levied by third-party providers
• By connecting an integration, you authorize Profit Max CRM LLC to access, store, and act on the data and permissions granted by that connection, solely to operate the integration
• You may disconnect any integration at any time through your account settings or directly with the third-party provider

Payment Processing (Stripe Connect)

When you accept customer payments through Profit Max CRM, you do so under a direct Stripe Connect relationship with Stripe and its connected account agreement. Profit Max CRM LLC facilitates the integration but is not a party to your payment transactions. Funds settle directly to your Stripe-connected bank account; Profit Max CRM LLC does not hold customer funds at any time. Refunds, chargebacks, payouts, fraud disputes, and payout schedules are governed by Stripe's policies and your direct relationship with Stripe.

AI-Powered Features

Profit Max CRM uses third-party large language models (currently provided by Anthropic) to power AI features such as call transcription, sentiment analysis, and AI-assisted suggestions. AI-generated outputs are provided for convenience and may contain inaccuracies. You are responsible for reviewing AI-generated content before acting on it or sharing it with customers. Profit Max CRM LLC does not knowingly use your customer data to train third-party AI models, and we operate under the data processing terms of the AI provider in effect at the time of use.

Service Availability and Changes

Profit Max CRM LLC does not control any third-party service and cannot guarantee continued availability, accuracy, performance, or compatibility. Changes to a third party's API, pricing, terms of service, or operation may affect or interrupt features within Profit Max CRM. We will use commercially reasonable efforts to maintain integrations but are not liable for downtime, data loss, feature changes, or other consequences caused by third parties or their decisions to modify or discontinue their services.

Data Sharing

We share only the data necessary to operate each integration. We do not sell your data to any third party. See our Privacy Policy for full details on which data flows to which integration.

10. Mobile Application

Profit Max CRM offers mobile applications for iOS and Android, available through their respective app stores. By installing and using the mobile app, you agree:

• The mobile app is subject to these Terms as well as the rules of the app store from which you downloaded it (Apple App Store or Google Play)
• You authorize the app to access device features (such as camera, location, and notifications) required for the features you use; permissions can be revoked at any time through your device settings
• Photos and files uploaded through the mobile app are stored on Profit Max CRM's secure cloud storage and remain your property
• Offline data captured by the app is queued and synced when connectivity returns; you are responsible for ensuring synchronization completes before relying on the data's accuracy across devices
• App updates may be required from time to time to maintain compatibility, security, and performance

11. Intellectual Property

Profit Max CRM LLC owns all intellectual property rights in the Profit Max CRM platform, including but not limited to the software, design, logos, trademarks, documentation, and all related materials. Your subscription grants you a limited, non-exclusive, non-transferable license to use the platform for your internal business purposes.

12. Customer Data and Data Processing

Data Ownership

• You retain full ownership of all data you input into Profit Max CRM, including contact records, communications, quotes, invoices, files, and notes
• You may export your data at any time through the platform's export features in standard formats

Roles Under Data Protection Laws

Under data protection laws such as the California Consumer Privacy Act (CCPA), the EU General Data Protection Regulation (GDPR), and similar regulations:

• You (the workspace Owner) are the controller of the personal data stored in Profit Max CRM, including data about your customers, leads, and employees
• Profit Max CRM LLC acts as the processor of that personal data and processes it only on your documented instructions as expressed through your use of the platform
• You are responsible for establishing a lawful basis for collecting and processing personal data about your customers, for honoring privacy rights requests (access, deletion, correction) made by those individuals, and for any privacy notices, consents, or disclosures required by law in your jurisdiction
• Profit Max CRM LLC will reasonably assist you in responding to verified privacy rights requests at no additional charge during your active subscription

Subprocessors

Profit Max CRM LLC engages a limited set of subprocessors to operate Profit Max CRM, including cloud infrastructure providers, communications providers (Twilio, SendGrid), and AI providers (Anthropic). The current list of subprocessors is maintained in our Privacy Policy. We require subprocessors to provide a level of data protection commensurate with these Terms.

Confidentiality and Access

• Profit Max CRM LLC treats your data as confidential and does not sell it to any third party
• We do not access your business data except as necessary to operate the service, troubleshoot issues at your request, or comply with a binding legal obligation
• Data is encrypted in transit (SSL/TLS) and at rest, with appropriate technical and organizational measures to prevent unauthorized access

Security Incidents

In the event of a security incident affecting your data, Profit Max CRM LLC will notify you without undue delay and reasonably cooperate with you on any required notifications to affected individuals or authorities.

13. Service Availability

• We make reasonable efforts to maintain high uptime and platform availability
• We do not guarantee 100% uptime and the service is provided without an uptime SLA unless otherwise agreed in writing
• Scheduled maintenance windows will be communicated in advance when possible
• We are not liable for any downtime, data loss, or service interruptions caused by factors outside our reasonable control

14. Indemnification

You agree to indemnify, defend, and hold harmless Profit Max CRM LLC, its officers, directors, employees, contractors, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of Profit Max CRM, including any content or messages you send through the platform
• Your violation of these Terms or any applicable law (including the Telephone Consumer Protection Act, CAN-SPAM, A2P 10DLC rules, and data protection laws)
• Your violation of any third party's rights, including intellectual property, privacy, or publicity rights
• Disputes between you and your customers or any other third party arising from your use of the platform
• The accuracy of information you provide for carrier registration, identity verification, or other compliance submissions

Profit Max CRM LLC reserves the right to assume the exclusive defense and control of any matter for which you are required to indemnify us, in which case you agree to cooperate with our defense of such claim.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• The service is provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, whether express or implied
• We disclaim all warranties, including but not limited to merchantability, fitness for a particular purpose, and non-infringement
• Profit Max CRM LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the service
• Our total aggregate liability for any claims arising from or related to the service shall not exceed the total fees you paid to us in the twelve (12) months preceding the claim

16. Termination

• You may cancel your subscription at any time through your account settings or by contacting us
• We may terminate or suspend your account if you violate these Terms
• Upon termination, your data will remain available for export for 30 days
• After the 30-day export period, your data will be permanently deleted in accordance with our Privacy Policy

17. Dispute Resolution

• These Terms are governed by and construed in accordance with the laws of the State of Texas
• Any disputes arising from these Terms or your use of the service shall be subject to the exclusive jurisdiction of the state and federal courts located in Bexar County, Texas
• Before initiating formal proceedings, both parties agree to attempt to resolve disputes through good-faith negotiation

18. Modifications to Terms

We reserve the right to modify these Terms at any time. When we make changes, we will update the effective date at the top of this page. Your continued use of Profit Max CRM after any modifications constitutes your acceptance of the revised Terms. For material changes, we will make reasonable efforts to notify you via email or through the platform.

19. General Provisions

Entire Agreement

These Terms, together with the Privacy Policy and Cookie Policy, constitute the entire agreement between you and Profit Max CRM LLC regarding Profit Max CRM and supersede all prior agreements, communications, and understandings, whether written or oral.

Severability

If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in full force and effect, and the invalid provision will be enforced to the maximum extent permitted by law.

Waiver

No failure or delay by Profit Max CRM LLC in exercising any right under these Terms will operate as a waiver of that right. Any waiver must be in writing to be effective.

Assignment

You may not assign or transfer these Terms or any rights under them without our prior written consent. Profit Max CRM LLC may assign these Terms in connection with a merger, acquisition, reorganization, or sale of all or substantially all of its assets.

Force Majeure

Neither party will be liable for any failure or delay in performance caused by circumstances beyond its reasonable control, including acts of God, war, terrorism, civil unrest, pandemics, government action, internet or carrier outages, third-party service failures, labor disputes, or natural disasters.

Notices

Legal notices to you may be delivered to the email address on file for your account or through the Profit Max CRM platform. Legal notices to Profit Max CRM LLC must be sent in writing to the contact information below.

Survival

Provisions of these Terms that by their nature should survive termination will survive, including those relating to intellectual property, confidentiality, customer data, indemnification, limitation of liability, and dispute resolution.

DMCA / Copyright Claims

Profit Max CRM LLC respects intellectual property rights. If you believe content stored on Profit Max CRM infringes your copyright, send a notice meeting the requirements of the Digital Millennium Copyright Act (DMCA) to [email protected], including: identification of the copyrighted work, identification of the allegedly infringing material with information sufficient to locate it, your contact information, a good-faith statement that the use is unauthorized, a statement of accuracy under penalty of perjury, and your signature. We will respond in accordance with the DMCA.

Export Controls

You may not access or use Profit Max CRM if you are located in a jurisdiction subject to a comprehensive United States embargo or are on a U.S. government denied-party list.

20. Contact Us

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