Terms and Conditions
Last updated: December 19, 2024
These Terms and Conditions ("Terms", "Terms and Conditions") govern your relationship with the Arena CRM platform (the "Service") operated by Arena CRM ("us", "we", or "our").
Please read these Terms and Conditions carefully before using our Service.
By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access the Service.
1. Subscriptions
Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set on a monthly basis.
At the end of each Billing Cycle, your Subscription will automatically renew under the same conditions unless you cancel it or Arena CRM cancels it. You may cancel your Subscription through your online account management page or by contacting Arena CRM's customer support.
A valid payment method, including a credit card, is required. You must provide accurate and complete billing information. By submitting payment information, you authorize us to charge Subscription fees to your chosen payment method.
If automatic billing fails, Arena CRM will issue an invoice and require manual payment within a stated deadline.
2. Fee Changes
Arena CRM may modify Subscription fees at its sole discretion. Any changes will take effect at the end of the current Billing Cycle.
We will provide reasonable prior notice of any changes. Continued use of the Service after fee changes take effect constitutes your agreement to the new fees.
3. Refunds
Refund requests may be considered on a case-by-case basis and are granted at the sole discretion of Arena CRM.
4. Content & SMS Communications
Our Service allows you to compose, manage, and send SMS messages and other communications ("Content") to your contacts. You are responsible for the legality, compliance with telecommunications regulations, and appropriateness of any Content you send.
By using the Service to send Content, you grant us a license to transmit, process, and log your communications for service delivery, compliance, and record-keeping purposes. You retain ownership of your Content and are responsible for ensuring all necessary consents and permissions are in place.
You warrant that:
- You have valid consent from all recipients to send SMS and marketing communications,
- Your use complies with all applicable laws, including TCPA (Telephone Consumer Protection Act), GDPR, and local telecommunications regulations,
- You will not use the Service for spam, phishing, harassment, or fraudulent communications.
Arena CRM does not verify the compliance of messages or recipient consent. You are solely responsible for legal compliance. Violations may result in account suspension or termination.
5. Accounts
When you create an account, you must provide accurate, complete, and current information. Failure to do so constitutes a breach of these Terms.
You are responsible for safeguarding your password and all activity under your account. You agree not to disclose your password to any third party and to notify us of any unauthorized use.
You may not use a username that:
- Belongs to someone else without authorization,
- Is not lawfully available,
- Is offensive, vulgar, or obscene.
6. SMS Compliance Disclaimer
Arena CRM is a communications platform and is not a legal advisor. The Service is provided for general business communication purposes and does not constitute legal or compliance advice.
You are solely responsible for complying with all applicable laws, regulations, and industry standards governing SMS communications, including TCPA, GDPR, CAN-SPAM, and local telemarketing regulations. We strongly recommend consulting with a legal professional to ensure compliance with telecommunications laws in your jurisdiction.
Arena CRM accepts no liability for any consequences, losses, penalties, or legal action resulting from your use of the Service or violations of telecommunications regulations.
7. Third-Party Services and Data Accuracy
Arena CRM relies on third-party services (e.g., SMS carriers, telecommunications networks, and contact data providers) to deliver messages and provide related functionality. The Service may also involve user-generated data such as contact lists and message content.
You acknowledge and agree that:
- All contact and delivery data—whether sourced externally or entered by users—is provided "as is", without verification or warranty;
- Arena CRM cannot guarantee the completeness, accuracy, timeliness, or deliverability of messages or recipient data;
- You are solely responsible for verifying recipient consent and contact list accuracy before sending communications;
- Arena CRM shall not be liable for any loss, damage, or liability arising from delivery failures, bounced messages, carrier delays, network issues, or user-submitted data;
- Your reliance on third-party carriers and user-submitted content is entirely at your own risk.
8. Copyright Policy
We respect intellectual property rights and respond to claims of copyright or other IP infringement.
If you believe your work has been used in a way that constitutes infringement, please email [email protected] with:
- A detailed description of the material,
- Identification of the copyrighted work,
- Your contact details,
- A good-faith statement of unauthorized use.
False claims may result in legal liability, including damages and attorney's fees.
9. Intellectual Property
The Service and its original content (excluding Content provided by users), features, and functionality are and remain the property of Arena CRM and its licensors.
Our trademarks and trade dress may not be used without prior written permission.
10. Links to Other Websites
The Service may contain links to third-party websites or services that are not controlled by Arena CRM.
We assume no responsibility for third-party content, privacy policies, or practices. You agree that Arena CRM shall not be liable for any loss or damage caused by use of such content or services.
Please review the terms and policies of any third-party websites you visit.
11. Termination
We may terminate or suspend your account without prior notice for any reason, including violation of these Terms.
Upon termination, your right to use the Service will cease immediately. You may also terminate your account at any time by discontinuing use of the Service.
12. Limitation of Liability
Arena CRM and its affiliates, directors, employees, and suppliers shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including:
- Loss of profits, data, or business opportunity,
- SMS delivery failures, bounced messages, or carrier delays,
- Regulatory violations or compliance failures resulting from your use,
- Loss or unauthorized access to contact lists or message content,
- Any use of the Service.
This limitation applies even if a remedy fails of its essential purpose.
13. Disclaimer
You use the Service at your own risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis, without warranties of any kind.
We do not warrant that:
- The Service will be secure, timely, or error-free,
- Any defects will be corrected,
- All SMS messages will be delivered successfully or without delay,
- Contact lists or recipient data are accurate or complete,
- Third-party SMS carriers or integrations will be reliable,
- The Service is compliant with all local telemarketing regulations.
14. Governing Law
These Terms are governed by the laws of the United States, without regard to its conflict of law rules.
Failure to enforce any part of the Terms does not waive our rights. If any provision is found to be invalid, the remainder remains in effect.
These Terms constitute the entire agreement between you and Arena CRM regarding the Service.
15. Changes
We reserve the right to modify or replace these Terms at any time. Material changes will be announced at least 30 days before they take effect.
By continuing to use the Service after changes are effective, you agree to be bound by the new terms. If you do not agree, please stop using the Service.
16. Contact Us
For questions regarding these Terms, contact: