Terms of Service
These Terms of Service ("Terms") form a legally binding agreement between you ("you," "your," or "Customer") and Brand Built LLC, doing business as Digital Magic CRM ("Digital Magic CRM," "we," "us," or "our"). By creating an account or using the Services, you agree to these Terms. If you do not agree, do not use the Services.
If you are using the Services on behalf of a company or other entity, you represent that you have authority to bind that entity to these Terms, and "you" refers to that entity.
1. The Services
Digital Magic CRM provides a cloud-based business operations platform that may include CRM and pipeline management, marketing automation, email and SMS messaging, calendar and appointment scheduling, websites and funnels, forms and surveys, invoicing and payments, course and membership hosting, AI-assisted features, and related tools (collectively, the "Services").
The Services are provided through an underlying third-party platform partner, HighLevel, Inc. We may add, modify, or remove features at any time, provided that material reductions to subscribed functionality will be communicated to you in advance where feasible.
2. Eligibility & Accounts
- You must be at least 18 years old and able to form a binding contract.
- You must provide accurate, complete, and current registration information and keep it updated.
- You are responsible for maintaining the confidentiality of your credentials and for all activity under your account.
- You must promptly notify us of any unauthorized access or use of your account.
- We do not create accounts on your behalf. You are responsible for setting your own password and managing user access.
3. Subscription, Billing & Renewal
3.1 Plans & Pricing
Current subscription plans and pricing are published at https://digitalmagiccrm.com/pricing. By subscribing, you agree to pay the fees applicable to your selected plan. We may change pricing for renewal terms with at least 30 days' notice to the email on your account.
3.2 Trial Period ("Proof Window")
We may offer a trial or evaluation period (the "Proof Window") for new accounts. A valid payment method is required to start your Proof Window. If you do not cancel before the Proof Window ends, your subscription will begin and you will be charged the applicable fee for your selected plan. You may cancel at any time during the Proof Window as described in Section 4.
3.3 Automatic Renewal
Subscriptions renew automatically for successive periods of the same length as your initial term (monthly or annual) at the then-current price, unless you cancel before the renewal date. You authorize us to charge your payment method for all applicable fees and taxes.
3.4 Taxes
Fees are exclusive of taxes. You are responsible for any sales, use, VAT, GST, or similar taxes, except for taxes based on our net income.
3.5 Failed Payments
If a payment fails, we may retry the charge, suspend the Services, or terminate your subscription. Reinstatement after suspension may require payment of past-due amounts.
4. Cancellation & Refunds
You may cancel your subscription at any time by emailing [email protected] or through your account settings if a self-service option is available.
- Cancellation takes effect at the end of the current billing period. You retain access until that date.
- Fees already paid are non-refundable except as required by law or as expressly stated in writing.
- Annual subscriptions are non-refundable on a pro-rata basis once the term has begun.
- We may issue discretionary credits or refunds in good-faith resolution of service issues.
5. Acceptable Use
You agree not to use the Services to:
- Send spam, phishing, fraudulent, harassing, or otherwise unlawful communications
- Send messages without the recipient's required consent under applicable law
- Upload or transmit malicious code, viruses, or destructive content
- Reverse engineer, decompile, or attempt to extract source code from the Services
- Resell, sublicense, or white-label the Services without our written agreement
- Impersonate any person or entity, or misrepresent your affiliation
- Interfere with or disrupt the integrity or performance of the Services
- Use the Services to compete with us or to build a competing product
- Scrape, crawl, or harvest data from the Services without authorization
- Violate any applicable law or third-party rights, including intellectual property rights
5.1 Marketing & Telecom Compliance
You are solely responsible for ensuring that your use of email, SMS, voice, and other outbound messaging through the Services complies with applicable law, including without limitation:
- CAN-SPAM Act — accurate header information, clear identification of commercial messages, functional opt-out, and physical postal address
- TCPA (Telephone Consumer Protection Act) — prior express consent (and prior express written consent for marketing autodialed/prerecorded calls and texts), quiet-hours restrictions, and DNC compliance
- 10DLC and carrier registration — proper registration of brands and campaigns for U.S. SMS sending
- CASL (Canada), GDPR/PECR (EU/UK), and other applicable consent laws
- Honoring unsubscribe and STOP requests across all channels and lists
You represent and warrant that you have obtained all consents required to send the communications you transmit through the Services, and that you maintain records of those consents. We may suspend messaging features if we have reasonable grounds to believe your sending practices violate law or carrier rules, or create material risk to platform deliverability.
6. Customer Data
6.1 Ownership
As between you and us, you own all rights, title, and interest in the data, content, and information you upload, create, or generate through the Services ("Customer Data"). You grant us a non-exclusive, worldwide, royalty-free license to host, copy, process, transmit, and display Customer Data solely as needed to provide, secure, and improve the Services and as permitted by our Privacy Policy.
6.2 Your Responsibility for Customer Data
You represent and warrant that: (i) you have all necessary rights, consents, and lawful bases to upload Customer Data and to use it within the Services; (ii) Customer Data does not infringe any third-party rights or violate applicable law; (iii) you have provided any required notices to data subjects whose personal data you upload; and (iv) you will not upload data in categories restricted by Part 7 of our Privacy Policy without our prior written agreement.
6.3 Data Export & Deletion
During your subscription, you may export your contacts, key Customer Data, and communication history through the Services in standard formats where available. On termination, you have 30 days to export your data. After that period, we will delete or anonymize Customer Data within 90 days, subject to backups and legal retention requirements as described in our Privacy Policy.
6.4 Privacy & Security
Our processing of personal data within Customer Data is governed by our Privacy Policy, which includes our Data Processing Addendum. By using the Services, you agree to those terms.
7. Intellectual Property
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Services during your subscription.
All right, title, and interest in and to the Services, including the platform, software, trademarks, logos, documentation, templates, and any improvements or feedback incorporated, are and remain our property or our licensors' property. No license is granted except as expressly stated. "Digital Magic CRM," the Digital Magic CRM logo, and related marks are our trademarks and may not be used without written permission.
Feedback: If you provide suggestions or feedback about the Services, you grant us a perpetual, irrevocable, royalty-free license to use it without restriction.
8. Third-Party Services & Dependencies
The Services rely on third-party providers, including HighLevel, Inc. (our underlying platform partner), cloud hosting providers, messaging carriers, email delivery providers, payment processors, and AI service providers. The availability and performance of the Services depend in part on these third parties.
We do not control, and are not responsible for, outages, delays, content modifications, pricing changes, or discontinuation of features by third-party providers. Where you connect or integrate third-party services to your account, those services are governed by their own terms and privacy policies, and you are responsible for your use of them.
9. AI Features
Certain Services include AI-assisted features (e.g., content generation, chatbots, drafting assistance). AI output is generated probabilistically and may be inaccurate, incomplete, or unsuitable for your purpose. You are responsible for reviewing AI output before relying on, publishing, or sending it. We make no warranty regarding the accuracy or fitness of AI output. Inputs and outputs may be processed by third-party AI providers listed in our Privacy Policy.
10. Affiliate Program
If you participate in our affiliate or referral program, your participation is governed by a separate Affiliate Agreement. Affiliates must comply with FTC endorsement and disclosure guidelines and all applicable advertising laws.
11. Suspension & Termination
We may suspend or terminate your account, in whole or in part, if:
- You materially breach these Terms or our Acceptable Use rules
- We reasonably believe your use creates legal, security, or reputational risk to us or other users
- Your payment is past due
- Required by law, court order, or regulatory authority
- We discontinue the Services with reasonable notice
We will provide notice and opportunity to cure where reasonable. We may suspend immediately without notice in cases of suspected fraud, abuse, security risk, or violation of carrier/email-provider rules.
You may terminate at any time as described in Section 4. On termination, your right to use the Services ends, and the data export process in Section 6.3 applies.
12. Warranties & Disclaimers
We will provide the Services with reasonable care and skill. Except as expressly stated, the Services are provided "AS IS" and "AS AVAILABLE," without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, reliability, or uninterrupted operation. We do not warrant that the Services will be error-free, secure against all threats, or compatible with all systems, or that defects will be corrected.
Some jurisdictions do not allow exclusion of implied warranties; in those jurisdictions, the exclusions apply to the maximum extent permitted by law.
13. Limitation of Liability
To the maximum extent permitted by law:
- Neither party will be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, lost revenue, lost data, business interruption, or cost of substitute services, arising out of or relating to these Terms or the Services, regardless of the theory of liability and even if advised of the possibility of such damages.
- Our total aggregate liability arising out of or relating to these Terms or the Services will not exceed the amount you paid to us for the Services in the twelve (12) months immediately preceding the event giving rise to the claim, or one hundred U.S. dollars ($100), whichever is greater.
Nothing in these Terms limits liability that cannot be limited by law, including liability for fraud, willful misconduct, or gross negligence.
14. Indemnification
You will defend, indemnify, and hold harmless Digital Magic CRM, Brand Built LLC, and our affiliates, officers, employees, and agents from and against any third-party claims, demands, losses, damages, liabilities, and reasonable attorneys' fees arising out of or relating to: (i) your Customer Data; (ii) your use of the Services; (iii) your violation of these Terms; (iv) your violation of any law or third-party right, including telecom, anti-spam, privacy, intellectual property, and consumer-protection laws; and (v) your messaging activity, including TCPA, CAN-SPAM, and carrier-rule claims.
15. Governing Law & Dispute Resolution
These Terms are governed by the laws of the State of Delaware, USA, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
The parties will first attempt to resolve any dispute informally by good-faith negotiation for at least 30 days. If unresolved, the parties consent to the exclusive jurisdiction of the state and federal courts located in Delaware, except that we may seek injunctive relief in any court of competent jurisdiction to protect our intellectual property or confidential information.
Mandatory consumer rights preserved. Where applicable consumer-protection or data-protection law grants you rights or remedies that cannot be waived by contract, those rights and remedies apply regardless of the governing-law choice above.
16. Changes to These Terms
We may update these Terms from time to time. Material changes will be communicated by email to the address on your account and/or by prominent notice in the Services at least 30 days before they take effect, where feasible. Continued use of the Services after the effective date constitutes acceptance of the updated Terms. If you do not agree, you may terminate as described in Section 4.
17. General
Entire Agreement. These Terms, together with our Privacy Policy and any order forms or written agreements signed between us, constitute the entire agreement between you and us regarding the Services and supersede prior agreements on the subject.
No Waiver. A failure to enforce any provision is not a waiver of that provision or our right to enforce it later.
Severability. If any provision is held unenforceable, the remaining provisions remain in effect.
Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms to an affiliate or in connection with a merger, acquisition, financing, or sale of assets.
Force Majeure. Neither party is liable for delays or failures caused by events beyond reasonable control, including natural disasters, acts of war or terrorism, civil disturbance, labor disputes, government action, internet or telecommunications failures, or actions of third-party providers.
Notices. We will send notices to the email address associated with your account. You may send notices to us at the email address below.
Independent Contractors. The parties are independent contractors. Nothing creates a partnership, joint venture, agency, or employment relationship.
18. Contact
Brand Built LLC d/b/a Digital Magic CRM
535 Fifth Ave, 4th Floor
New York, NY 10017
Email: [email protected]
