Terms of Service

These Terms of Service ("Terms") govern your use of NewEra CRM (the "Service"), a software-as-a-service CRM platform operated by Nagary Consulting Corp at neweracrm.io. By creating an account or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

1. Service Description

NewEra CRM is a CRM platform designed for construction contractors and home-service businesses. The Service includes lead management, project management, estimates and invoicing, scheduling, file storage, team collaboration, client portal, and built-in voice / SMS / email communication tools provisioned via third-party carriers.

2. Account Registration

You must be at least 18 years old and have the authority to bind your company to these Terms. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. Notify us immediately of any unauthorized access at support@neweracrm.io.

3. SMS Communication Terms

The Service allows you to send and receive SMS messages from phone numbers you provision through NewEra CRM. By using SMS features, you agree to the following:

• Opt-in / Consent: You will only send SMS to recipients who have given you prior express consent to receive text messages from your business. You are responsible for obtaining and documenting that consent in accordance with the Telephone Consumer Protection Act (TCPA) and CTIA messaging guidelines.
• Opt-out (STOP): Recipients can reply STOP to any message to opt out of future SMS at no cost. Opt-outs are honored automatically at the carrier level. You agree not to send further messages to a recipient who has opted out unless they explicitly re-consent. Other accepted opt-out keywords include UNSUBSCRIBE, END, QUIT, and CANCEL.
• Help (HELP): Recipients can reply HELP at any time to receive information about the sender and contact details.
• Message frequency: Message frequency varies based on your usage and configured workflows. You must inform your contacts of expected frequency at the time of consent.
• Message and data rates: Standard message and data rates may apply for both sender and recipient. NewEra CRM is not responsible for carrier charges incurred by senders or recipients.
• Prohibited content: You agree not to send SMS containing spam, fraudulent content, malware, phishing, or content involving sex / hate / alcohol / firearms / tobacco / gambling (SHAFT categories), or anything that violates applicable law or carrier policies.
• A2P 10DLC registration: To send SMS from a US 10-digit long code, you must complete A2P 10DLC brand and campaign registration through the Service. Sending SMS without registration may result in carrier-imposed fees, message blocking, or suspension of your SMS access.

4. Acceptable Use

You agree NOT to use the Service to:

• Violate any law, regulation, or third-party right.
• Send unsolicited communications (spam) via SMS, email, or call.
• Harass, abuse, threaten, defame, or impersonate any person or entity.
• Upload or transmit malware, viruses, or other harmful code.
• Attempt to gain unauthorized access to the Service or its underlying systems.
• Reverse-engineer, decompile, or scrape the Service.
• Resell or sublicense the Service without our written permission.

5. Your Data

You retain all rights to the content you upload to the Service ("Customer Data"), including leads, projects, files, photos, messages, and contact information. We do not sell your Customer Data, nor do we use it to train AI models without your explicit consent.

You grant us a limited license to host, store, transmit, and back up your Customer Data solely to operate the Service for you. We may aggregate fully anonymized usage statistics (e.g., total SMS sent across all accounts) to monitor and improve the Service. See our Privacy Policy for details.

6. Subscription and Payment

The Service is offered via paid subscription plans. Subscription fees are billed in advance on a recurring basis (monthly or annual) and are non-refundable except as required by law. You can cancel at any time via your account settings — cancellation takes effect at the end of the current billing period.

Usage-based charges (e.g., SMS messages, phone numbers, call minutes) are billed separately at the rates published in the Service. You are responsible for monitoring your usage to avoid unexpected charges.

We may change pricing with at least 30 days' notice. Continued use after the effective date constitutes acceptance of the new pricing.

7. Termination

You may cancel your account at any time. We may suspend or terminate your account if you violate these Terms, fail to pay, or use the Service in a way that creates risk for us or other users. Upon termination, your access to the Service ends and your data may be deleted after a reasonable retention window — you are encouraged to export your data before terminating.

8. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF SECURITY VULNERABILITIES.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NAGARY CONSULTING CORP SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

10. Indemnification

You agree to indemnify and hold harmless Nagary Consulting Corp, its affiliates, and their personnel from any claims, damages, or expenses (including attorneys' fees) arising out of your use of the Service, your Customer Data, your violation of these Terms, or your violation of any third party's rights — particularly with respect to SMS recipients who claim they did not consent to receive messages.

11. Governing Law

These Terms are governed by the laws of the State of Florida, USA, without regard to conflict-of-laws principles. Any disputes shall be resolved in the state or federal courts located in Miami-Dade County, Florida.

12. Changes to These Terms

We may update these Terms from time to time. The "Last updated" date at the top reflects the most recent revision. Material changes will be announced via email to active account owners. Continued use of the Service after the effective date constitutes acceptance.

13. Contact Information

Questions about these Terms?