Terms of Service

1. About these terms

1.1 The GoggleCRM service is provided by GoggleCRM Limited, a company registered in England and Wales with company number 15731633, whose registered office is at 85 Great Portland Street, London, England, W1W 7LT ("we", "us", "our").

1.2 These terms apply to every use of the Service. By creating an account, accepting an invitation, ticking a box to accept these terms or using the Service, you agree to them on behalf of the business you represent ("you", "your", the "Customer"). The person accepting these terms confirms they have authority to bind that business.

1.3 The Service is supplied for business purposes only. It is not intended for consumers. If, despite this, you use the Service as a consumer, nothing in these terms affects the rights you have by law that cannot be excluded.

1.4 Our Privacy Policy explains how we handle personal data for which we are the controller. The data processing terms in Schedule 1 apply to personal data we process on your behalf. Both form part of these terms.

1.5 These terms replace all earlier versions of our terms and conditions, including those dated 21 September 2023, for all customers, including customers who bought a lifetime deal under earlier terms.

2. Definitions

Account

the company account created for you in the Service, including all Users added to it.

Admin

a User given administrator access, who can change settings, manage Users and manage billing.

AI Features

optional features that use a third-party artificial intelligence model, such as relationship summaries, follow-up drafts and promise detection.

Customer Data

all data that you or your Users add to, import into or connect to the Service, including contacts, companies, projects, notes, files and email data synced from a Connected Mailbox.

Connected Mailbox

an email account that a User chooses to connect to the Service, currently through Microsoft 365 or Outlook.com.

Data Protection Laws

the UK GDPR, the Data Protection Act 2018, the Privacy and Electronic Communications (EC Directive) Regulations 2003 and, where it applies, the EU GDPR, each as amended or replaced from time to time.

Fees

the subscription fees for the Service shown on our website or billing page at the time, plus VAT where it applies.

Lifetime Deal

any one-off payment offer for the Service described as "lifetime", "LTD", "early adopter" or similar, whether bought under these terms or earlier terms.

Service

the GoggleCRM software service made available at gogglecrm.com, app.gogglecrm.com and related sub-domains, including any successor or replacement version of it that we make available, together with its documentation and support.

Subscription

a paid, recurring right to use the Service.

User

an individual you allow to use the Service under your Account.

3. Your account and users

3.1 You must give accurate information when you sign up and keep it up to date.

3.2 You may add as many Users as you like. You are responsible for who you invite, the access level you give them, and everything done under your Account. Users must be at least 18 years old.

3.3 You must keep login details secure and confidential, and tell us promptly at [email protected] if you suspect unauthorised access to your Account.

3.4 You must make sure your Users follow these terms. A breach by a User is treated as a breach by you.

4. Free trial

4.1 We may offer a free trial. Unless we say otherwise, a trial lasts 14 days and does not need a payment card.

4.2 When the trial ends, you will need to start a Subscription to keep using the Service. If you do not, your Account will be limited to billing, account settings and data export, and clause 16 applies.

4.3 Trials are provided "as is" and clauses 19 and 20 apply. We may end or change a trial at any time.

5. Subscriptions and payment

5.1 Subscriptions are billed monthly in advance and renew automatically each month until cancelled.

5.2 Payments are taken by our payment provider, Stripe. By starting a Subscription you authorise us, through Stripe, to charge your chosen payment method each month for the Fees. We never see or store your full card details.

5.3 Fees are shown in pounds sterling and are exclusive of VAT unless we say otherwise. You must pay any VAT or similar taxes that apply.

5.4 Cancellation. An Admin can cancel a Subscription at any time from the billing page. Cancellation takes effect at the end of the month you have already paid for, and you keep access until then.

5.5 No refunds. Fees are non-refundable, including for part months, unused features or periods when you did not use the Service, except where these terms say otherwise or the law requires a refund.

5.6 Failed payments. If a payment fails, we will tell you and keep your Account open for 7 days so you can update your payment details. If payment is still outstanding after that, we may restrict your Account under clause 13 until it is paid.

5.7 Price changes. We may change the Fees by giving you at least 30 days' notice by email. The new Fees apply from your first renewal after the notice period ends. If you do not accept the change, you may cancel before it takes effect.

5.8 Promotional prices and discount codes apply only for the period and on the conditions stated when they were offered.

6. Lifetime deals

6.1 What "lifetime" means. A Lifetime Deal gives one Account access to the Service for the lifetime of the Service, meaning for as long as we make the GoggleCRM service generally available to customers. It does not mean the lifetime of any individual, business or particular version of the software.

6.2 What it covers. A Lifetime Deal covers the core features of the Service as it exists from time to time, as offered to our standard subscribers. It does not guarantee any particular feature, integration, limit or design, and features may change under clause 7. New products, separately priced add-ons or optional paid features that we introduce later are not included unless we say so in writing.

6.3 New versions. We may move Lifetime Deal Accounts to a newer, successor or replacement version of the Service. When we do, your Lifetime Deal carries over to that version at no extra cost, and we will give you reasonable notice and a way to export your data from the old version before it closes. Features of an earlier version that are not in the new version are not owed.

6.4 Fair use. Lifetime Deals are for the normal internal business use of the business that bought them. They may not be resold, shared with unrelated businesses or transferred without our written consent. We may apply reasonable usage limits to protect the Service for all customers.

6.5 Refunds. Lifetime Deal payments are non-refundable except where the law requires a refund.

6.6 Ending. A Lifetime Deal ends if the Service is discontinued under clause 15, or if we terminate your Account for a serious or repeated breach of these terms under clause 14.3.

7. Changes to the Service

7.1 We continually improve the Service. We may add, change, replace or remove features, integrations, designs and limits at any time, including to respond to changes made by third parties such as Microsoft, to improve security or reliability, or to comply with the law.

7.2 If we make a change that significantly reduces the core functionality available to paying subscribers, we will give at least 30 days' notice where reasonably possible. If you are a monthly subscriber and do not accept the change, you may cancel before it takes effect.

7.3 We are not responsible for any loss caused by the change or withdrawal of a third-party service or integration that is outside our control.

8. Your data

8.1 You own Customer Data. You give us a non-exclusive, worldwide, royalty-free licence to host, copy, process and display Customer Data only as needed to provide, secure, support and improve the Service and as required by law.

8.2 For personal data within Customer Data, you are the controller and we are your processor. Schedule 1 sets out how we process it.

8.3 You are responsible for Customer Data and for having a lawful basis, and giving any notices needed, to add people's personal data to the Service and to connect a mailbox. You must not upload special category data (such as health information) or criminal records data unless you have a lawful basis to do so and it is necessary for your business.

8.4 You can export your contacts and companies in CSV format at any time from within the Service.

8.5 We may create anonymised and aggregated statistics about use of the Service, which do not identify you, your Users or any individual, and use them to operate and improve the Service.

8.6 We do not sell Customer Data and we do not use it for advertising.

9. Email integration

9.1 Each User may choose to connect their own mailbox. By doing so, the User confirms they are entitled to give the Service access to that mailbox and authorises us to read it on your behalf.

9.2 Access is read-only. The Service does not send, move, change or delete email in a Connected Mailbox.

9.3 The Service checks the Inbox and Sent Items and only stores messages to or from email addresses that already belong to contacts in your Account. Other messages are not stored. If you switch on contact suggestions, we keep only the address, display name and a count for people you email who are not yet contacts.

9.4 Stored email content is encrypted at rest and is visible to Users in your Account on the relevant contact, company and project pages.

9.5 A User can disconnect their mailbox at any time, with the option to delete the emails already stored from it.

9.6 Microsoft services are provided by Microsoft under its own terms. We do not control their availability and are not responsible for changes Microsoft makes to them.

10. AI features

10.1 AI Features are optional. An Admin can switch them on or off for your Account at any time. When they are off, the Service uses built-in rules instead and no Customer Data is sent to an AI provider.

10.2 When AI Features are on, relevant Customer Data (such as recent emails, notes and reminders for a contact) is sent to our AI provider to generate the result. Our provider processes it as our sub-processor under terms that do not allow it to train its models on your data.

10.3 AI output may be inaccurate, incomplete or inappropriate. You must review any output, including any draft email, before relying on it or sending it. AI output is not advice. You are responsible for what you choose to send.

10.4 We may apply monthly usage limits to AI Features. When a limit is reached, the Service falls back to built-in rules until the next month.

11. Acceptable use

11.1 You must not, and must make sure your Users do not:

1. use the Service unlawfully, for fraud, or in breach of Data Protection Laws or electronic marketing rules;
2. upload or send anything that is illegal, defamatory, infringing, harassing or malicious, including viruses or harmful code;
3. try to gain unauthorised access to the Service, other accounts or our systems, or probe, scan or test their vulnerability without our written permission;
4. interfere with or disrupt the Service, or place an unreasonable load on it, including through automated scraping or bulk requests;
5. copy, modify, reverse engineer or create derivative works of the Service, except to the extent the law allows this and cannot be excluded;
6. resell, sublicense or provide the Service to third parties, or use it to build a competing product; or
7. use the Service to send unsolicited bulk email.

12. Availability and support

12.1 We use reasonable efforts to keep the Service available, secure and backed up, but we do not guarantee it will be uninterrupted, error free or available at any particular time. There is no service level agreement unless we agree one in writing.

12.2 We may carry out planned maintenance, and will try to do so at quiet times. We may carry out urgent maintenance without notice.

12.3 Support is provided by email at [email protected] during UK business hours. We aim to reply within two business days.

13. Suspension

13.1 We may suspend or restrict all or part of your Account, with notice where reasonably possible, if: (a) Fees are overdue after the grace period in clause 5.6; (b) we reasonably believe you or a User have breached clause 11; (c) your use threatens the security, integrity or availability of the Service or other customers; or (d) we are required to by law.

13.2 While restricted, Admins can still reach billing, account settings and data export. We will lift a suspension once the reason for it has been resolved.

14. Cancellation and termination

14.1 You may stop using the Service and close your Account at any time by cancelling your Subscription under clause 5.4 and asking us to delete your Account.

14.2 Either of us may end these terms immediately by written notice if the other becomes insolvent, enters administration or liquidation, or stops trading.

14.3 We may terminate your Account by written notice if you commit a serious breach of these terms, or a breach that can be put right but is not put right within 14 days of our notice asking you to do so.

14.4 Clauses that by their nature should survive termination, including clauses 8.5, 16 to 21 and 24, continue after these terms end.

15. Discontinuing the Service

15.1 We may stop providing the Service, or any version of it, by giving at least 90 days' notice by email to the Admins of each affected Account.

15.2 During the notice period you will be able to export your data. Monthly Subscriptions will not renew after the Service closes. If you have paid for any period after the closing date, we will refund that part.

15.3 Moving customers to a successor or replacement version of the Service under clause 6.3 is not a discontinuation of the Service.

16. Your data after termination

16.1 When your Subscription or trial ends, your Account is restricted but your data is kept for 30 days so that you can subscribe again or export it.

16.2 After that period, we may permanently delete Customer Data. We will delete it within 90 days of the end of your Account, except where the law requires us to keep it. Copies in our encrypted backups are overwritten in the normal backup cycle, which takes up to a further 30 days.

16.3 If you ask us to delete your Account sooner, we will do so within 30 days of your request.

17. Confidentiality

17.1 Each of us will keep the other's confidential information secret, use it only for the purposes of these terms and disclose it only to staff, contractors and advisers who need to know it and are bound by similar duties, or where the law requires.

17.2 This does not apply to information that is or becomes public through no fault of the receiving party, was already lawfully known to it, or is independently developed.

18. Intellectual property

18.1 We and our licensors own all rights in the Service, including its software, design, text and branding. These terms give you a limited, non-exclusive, non-transferable right to use the Service for your internal business purposes while your Account is active. No other rights are granted.

18.2 If you give us suggestions or feedback, we may use them freely without any obligation to you.

19. Warranties and disclaimers

19.1 We will provide the Service with reasonable skill and care.

19.2 Apart from clause 19.1, and to the extent the law allows, the Service is provided "as is" and "as available". All other warranties, conditions and terms, whether express or implied by statute, common law or otherwise, including as to satisfactory quality and fitness for a particular purpose, are excluded.

19.3 The Service is a tool to help you manage relationships. We do not guarantee any business result, and nudges, scores, summaries and reminders are aids, not a substitute for your own judgement.

19.4 You are responsible for keeping your own copies of any Customer Data you cannot afford to lose.

20. Limitation of liability

20.1 Nothing in these terms limits or excludes liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be limited or excluded by law.

20.2 Subject to clause 20.1, we are not liable, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for any: loss of profits, revenue, business, contracts or anticipated savings; loss of goodwill or reputation; loss or corruption of data (other than our obligation to restore it from our latest backup where we caused the loss); wasted expenditure; or indirect or consequential loss.

20.3 Subject to clause 20.1, our total liability arising out of or in connection with these terms in any 12 month period is limited to the greater of: (a) the Fees you paid to us in the 12 months before the event giving rise to the claim; and (b) one hundred pounds (£100).

20.4 You agree that these limits are reasonable, taking into account the price of the Service and that you are best placed to insure against your own business losses.

21. Your indemnity

21.1 You will indemnify us against all losses, costs (including reasonable legal costs), fines and damages we suffer as a result of any claim by a third party, or action by a regulator, arising from Customer Data, your connection of a mailbox you were not entitled to connect, or your or your Users' breach of clause 8.3 or clause 11.

22. Events outside our control

22.1 We are not responsible for any delay or failure caused by events outside our reasonable control, including failures of hosting, network or power providers, changes by third-party platforms, cyber attacks we could not reasonably prevent, pandemics, industrial action, government action, fire, flood or war. If such an event continues for more than 60 days, either of us may end these terms by written notice.

23. Changes to these terms

23.1 We may update these terms from time to time. For material changes, we will tell Admins by email or in the Service at least 30 days before the change takes effect, unless the change is required sooner by law or for security.

23.2 We may ask Users to accept updated terms when they next log in. If you continue to use the Service after a change takes effect, or accept the updated terms, the updated terms apply. If you do not agree, you may cancel your Subscription before the change takes effect.

24. General

24.1 Assignment. You may not transfer your rights under these terms without our written consent. We may transfer our rights and obligations to another organisation, including as part of a sale or reorganisation of our business, and will tell you if we do. We may use subcontractors, and we remain responsible for them.

24.2 Entire agreement. These terms, including the documents they refer to, are the whole agreement between us about the Service. Neither of us relies on any statement or promise not set out in them, including any statement on an earlier sales page, except that nothing limits liability for fraud.

24.3 Severance. If any part of these terms is found to be invalid or unenforceable, the rest remains in force, and the affected part will apply with the minimum change needed to make it valid.

24.4 No waiver. If we delay or do not enforce a right, we have not given it up.

24.5 Third parties. No one other than you and us has any right to enforce these terms under the Contracts (Rights of Third Parties) Act 1999.

24.6 Relationship. Nothing in these terms creates a partnership, joint venture or agency between us.

24.7 Notices. We will send notices to the email address of your Account's Admins. You must send notices to [email protected]. An email is treated as received on the business day it is sent, or the next business day if sent outside business hours.

24.8 Law and courts. These terms and any dispute or claim arising out of or in connection with them, including non-contractual disputes, are governed by the law of England and Wales. The courts of England and Wales have exclusive jurisdiction.

Schedule 1: Data processing terms

This schedule sets out the terms required by Article 28 of the UK GDPR (and the EU GDPR where it applies) for personal data we process on your behalf as your processor.

1. Details of the processing

2. Our obligations

We will:

1. process personal data only on your documented instructions, which are these terms and your use and configuration of the Service, unless the law requires otherwise (in which case we will tell you first unless the law prevents us);
2. make sure everyone authorised to process the personal data is bound by confidentiality;
3. take the technical and organisational security measures described in Schedule 2;
4. only use sub-processors under a written contract with data protection obligations equivalent to these, and remain responsible for them. You give general authorisation to the sub-processors listed in our Privacy Policy. We will give at least 14 days' notice of any new sub-processor by updating that list and emailing Admins, and you may object on reasonable data protection grounds. If we cannot resolve the objection, you may cancel your Subscription;
5. taking into account the nature of the processing, help you respond to requests from individuals exercising their rights, mainly by giving you tools in the Service to find, edit, export and delete their data;
6. help you meet your obligations on security, breach notification, data protection impact assessments and consultation with regulators, taking into account the information available to us;
7. tell you without undue delay, and in any event within 48 hours, after becoming aware of a personal data breach affecting your Customer Data, and give you the information you reasonably need;
8. delete or return personal data at the end of the Service as described in clause 16, unless the law requires us to keep it; and
9. make available the information reasonably needed to show we comply with this schedule, and allow audits by you or an independent auditor you appoint, on at least 30 days' notice, no more than once a year, at your cost and subject to confidentiality. We may answer by providing written information first.

3. International transfers

Where a sub-processor processes personal data outside the UK, we will make sure the transfer is covered by adequacy regulations, the UK International Data Transfer Agreement or Addendum, or another safeguard allowed by Data Protection Laws.

4. Your obligations

You confirm that your instructions comply with Data Protection Laws, that you have a lawful basis for the processing, and that you have given any notices and obtained any consents needed, including for your contacts' personal data and the connection of mailboxes.

Schedule 2: Security measures

• All traffic encrypted in transit with TLS, with HTTP Strict Transport Security.
• Mailbox access tokens and stored email content encrypted at rest with authenticated encryption.
• Passwords stored using the Argon2id hashing algorithm, with login rate limiting.
• Every database query limited to the Account it belongs to, using prepared statements.
• Application code, configuration and uploaded files kept outside the public web root. Files are only served after checking login and Account.
• Protection against cross-site request forgery on every form, and a strict content security policy.
• Role-based access within each Account (Admin or read only).
• Servers protected by firewalls, with administrative access restricted. Software kept up to date.
• Regular encrypted backups, kept in the UK and EU.
• Access to Customer Data by our staff only where needed to provide support or keep the Service secure, under confidentiality obligations.

Questions about these terms? Email [email protected].