TERMS OF SERVICE

Last Updated: December 4, 2025

These Terms of Service (“Terms”) govern your access to and use of the websites, SaaS platform, products, and services provided by SalesCakeCRM, LLC (“SalesCakeCRM,” “we,” “us,” or “our”).

By creating an account, accessing the Services, or using SalesCakeCRM in any way, you agree to these Terms.

If you do not agree, you may not use the Services.

1. Who We Are

SalesCakeCRM, LLC

77711 Flora Rd

Palm Desert, CA 92211

United States

Phone: 760-904-4881

Email: [email protected]

2. Definitions

“Services” refers to all websites, SaaS tools, CRM systems, automations, AI agents, messaging features, APIs, integrations, and support offered by SalesCakeCRM.

“Customer,” “you,” or “your” refers to the individual or entity using the Services.

“Customer Content” means CRM data, contacts, messages, files, and other materials uploaded or provided by you.

“User” refers to authorized individuals accessing the platform under your account.

“Agreement” refers collectively to these Terms, the Privacy Policy, and any additional service-specific agreements (e.g., DPA).

3. Eligibility

To use the Services, you must:

Be at least 18 years old

Have the authority to bind your business (if applicable)

Agree to these Terms

Provide accurate account information

4. Account Registration & Security

You must:

Provide accurate and complete registration information

Maintain the confidentiality of your login credentials

Immediately notify us of any unauthorized access

Ensure your users comply with these Terms

You are responsible for all activities conducted under your account.

5. License to Use the Services

SalesCakeCRM grants you a non-exclusive, non-transferable, revocable license to use the Services for your internal business purposes.

You may not:

Copy, reverse engineer, modify, or create derivative works

Resell, sublicense, or provide the Services to third parties unless explicitly permitted

Attempt to bypass any technical protections

Interfere with system performance or security

All rights not expressly granted are reserved by SalesCakeCRM.

6. Customer Content & Data Responsibilities

You retain ownership of all Customer Content you upload.

You acknowledge and agree:

You have obtained all required consents from your leads/contacts

You are responsible for the accuracy, legality, and integrity of your data

SalesCakeCRM is not responsible for Customer Content

We process Customer Content only as described in our Privacy Policy or your DPA

If you upload illegal, abusive, or unauthorized content, we may suspend or terminate your account.

7. Messaging, AI Agents, Phone Calls & A2P 10DLC Compliance

SalesCakeCRM offers:

SMS & MMS messaging

Automated and manual voice calls

AI-powered voice agents

Missed-call text-back

Email campaigns

By using these features, you agree that:

7.1 You Are the Message Sender

You are solely responsible for:

The content of messages

The timing/frequency of campaigns

Compliance with all laws, including:

TCPA

CTIA guidelines

A2P 10DLC rules

CAN-SPAM

CASL

GDPR/PECR (where applicable)

7.2 Required Consent

You must obtain express consent before sending marketing SMS, AI agent calls, or emails.

7.3 Opt-Out Requirements

You must honor:

“STOP” for SMS

“UNSUBSCRIBE” for email

Opt-out links or preference pages

7.4 Carrier Filtering

SalesCakeCRM is not responsible for:

Carrier blocking

Message delivery issues

External provider outages

A2P registration delays

7.5 Recording Laws

If you enable call recording, you must comply with one-party or two-party consent laws in your region.

8. Acceptable Use Policy

You may NOT use the Services to:

Spam, harass, or send unsolicited communications

Upload viruses, bots, malware, or harmful code

Engage in fraudulent, deceptive, or illegal activities

Promote violence, hate, or harmful content

Interfere with Service functionality or security

Scrape, harvest, or resell personal data without authorization

Violation may result in immediate account suspension or termination.

9. Payment, Billing & Subscriptions

9.1 Subscription Fees

Fees are billed automatically according to your plan.

9.2 Automatic Renewal

Subscriptions renew automatically unless canceled.

9.3 Payment Authorization

By entering billing information, you authorize us to charge:

Subscription fees

Usage-based SMS/voice fees

Add-ons or upgrades

9.4 Refunds

All subscription fees are non-refundable unless required by law or explicitly stated otherwise.

9.5 Failure to Pay

If payment fails:

Your account may be suspended

Messaging/AI/telephony features may stop working

We may send payment reminders

10. Term & Termination

10.1 Term

Your agreement begins when you first use the Services.

10.2 Termination by You

You may cancel at any time; cancellations apply to future billing cycles.

10.3 Termination by Us

We may suspend or terminate your account if you:

Breach these Terms

Abuse or overload the platform

Violate messaging laws

Engage in illegal activity

10.4 Data After Termination

Upon termination:

Access to your account will stop

We may delete Customer Content after a retention period

You are responsible for exporting your data before cancellation.

11. Intellectual Property

SalesCakeCRM owns all:

Software

Logos, branding

Text, graphics, user interface

AI systems and automations

Documentation

Platform architecture

You may not use our intellectual property without written permission.

12. API & Integrations

If you use our API:

You may only access it for permitted purposes

You must protect API keys

You may not abuse rate limits

Integrations must not compromise security

We may revoke API access at any time.

13. Confidentiality

Both parties must:

Keep each other’s confidential information private

Not disclose it without permission

Use it only for purposes described in this Agreement

This section survives termination.

14. Data Protection & GDPR Compliance

14.1 Controller–Processor Relationship

For Customer Content:

You are the Controller

SalesCakeCRM is your Processor

14.2 Data Processing Agreement (DPA)

A GDPR-compliant DPA is available upon request.

14.3 International Transfers

We use SCCs, UK Addendum, and other safeguards for global transfers.

14.4 Security

We employ industry-standard protections.

15. Warranties & Disclaimers

SalesCakeCRM is provided “as-is” and “as available.”

We do not guarantee:

Uninterrupted or error-free service

Message delivery or call connectivity

Protection from all cyber threats

Success of your marketing campaigns

Accuracy of AI-generated outputs

You use the platform at your own risk.

16. Limitation of Liability

To the fullest extent permitted by law:

SalesCakeCRM is not liable for lost profits, lost data, or indirect damages.

Our total liability cannot exceed the amount paid in the last 12 months of your subscription.

Some jurisdictions may not allow such limitations; in those areas, limits apply to the maximum extent allowed.

17. Indemnification

You agree to indemnify and hold SalesCakeCRM harmless from claims arising out of:

Your misuse of the Services

Your messaging practices

Violations of laws (TCPA, GDPR, CCPA, CAN-SPAM, etc.)

Customer Content uploaded by you

Your breach of these Terms

18. Third-Party Services

The Services may integrate with third-party tools.

SalesCakeCRM is not responsible for:

Third-party failures

Security flaws in external services

Data lost through external integrations

19. Modifications to the Services

We may:

Add or remove features

Update or change aspects of the platform

Interrupt service for maintenance

We are not liable for any resulting downtime.

20. Governing Law & Dispute Resolution

These Terms are governed by the laws of the State of California, excluding conflict-of-law principles.

Disputes will be resolved through:

Good-faith negotiation

Binding arbitration in Riverside County, California, unless prohibited by law.

Class actions are waived to the maximum extent allowed.

21. Changes to These Terms

We may update these Terms periodically.

The revised version will include a new “Last Updated” date.

Continued use of the Services indicates acceptance.

22. Contact Information

For questions regarding these Terms:

SalesCakeCRM, LLC

77711 Flora Rd

Palm Desert, CA 92211

United States

Phone: 760-904-4881

Email: [email protected]