Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the services provided by Erkmo Inc. (“Erkmo,” “we,” “us,” or “our”), including our website at erkmo.com and all related applications, APIs, and documentation (collectively, the “Service”). By creating an account or using the Service, you agree to be bound by these Terms.

1. Service Description

Erkmo is a business analytics, marketing automation, form building, and customer-relationship management (CRM) platform. The Service enables you to collect website and application analytics, build and deploy forms, manage contacts and sales pipelines, send email campaigns, and generate reports and insights from your data.

2. Account Responsibilities

When you register for an account you agree to provide accurate, current, and complete information and to keep that information up to date. You are responsible for maintaining the confidentiality of your account credentials, including your password and any API keys. You must notify us immediately at legal@erkmo.com if you suspect unauthorized access to your account. You are responsible for all activity that occurs under your account.

3. Acceptable Use

You agree not to use the Service to:

• Upload, transmit, or store any content that is unlawful, defamatory, obscene, or that infringes any third-party intellectual-property or privacy rights.
• Send unsolicited bulk email (“spam”) or violate applicable anti-spam laws, including CAN-SPAM, CASL, and the ePrivacy Directive.
• Attempt to gain unauthorized access to Erkmo’s systems, other users’ accounts, or any data you are not authorized to access.
• Scrape, crawl, or use automated means to extract data from the Service except through our published APIs and in accordance with their rate limits.
• Interfere with or disrupt the integrity or performance of the Service, including launching denial-of-service attacks.
• Use the Service in any manner that violates applicable law or regulation.

We reserve the right to suspend or terminate accounts that violate these restrictions, with or without prior notice depending on the severity of the violation.

4. Data Ownership

You retain all rights, title, and interest in and to any data you submit to the Service (“Client Data”). Erkmo processes Client Data solely on your behalf to provide and improve the Service. We do not sell Client Data to third parties. Our processing of personal data is governed by our Data Processing Agreement.

5. Intellectual Property

Erkmo and its licensors own all rights in the Service, including its software, design, documentation, trademarks, and all improvements and derivative works thereof. These Terms do not grant you any right to use Erkmo’s trademarks or branding without prior written consent.

You retain ownership of all content you create, upload, or generate through the Service, including forms, email templates, reports, and CRM records.

6. Service Availability

We strive to maintain high availability of the Service but do not guarantee uninterrupted or error-free operation. Free-tier accounts receive no service-level commitment. Paid plans may include service-level agreements as described in the applicable plan documentation. We may perform scheduled maintenance with reasonable advance notice and will make commercially reasonable efforts to minimize downtime.

7. Billing and Payment

7.1 Subscription Plans

Paid features are billed on a recurring basis (monthly or annually) as selected at the time of purchase. All fees are stated in U.S. dollars unless otherwise indicated.

7.2 Auto-Renewal

Subscriptions automatically renew at the end of each billing period unless cancelled before the renewal date. We will attempt to charge your payment method on file. If payment fails, we may retry and, if unsuccessful, downgrade your account to the free tier.

7.3 Cancellation

You may cancel your subscription at any time from your account settings. Cancellation takes effect at the end of the current billing period. You will retain access to paid features until that date.

7.4 Refunds

We generally do not issue refunds for partial billing periods. If you believe you have been charged in error, contact legal@erkmo.com within 30 days of the charge and we will review your request in good faith.

8. Limitation of Liability

To the maximum extent permitted by applicable law, Erkmo and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or business opportunity, arising out of or related to your use of the Service, regardless of the theory of liability.

Our total aggregate liability for any claim arising under or related to these Terms shall not exceed the greater of (a) the amounts you paid to Erkmo in the twelve (12) months preceding the claim, or (b) one hundred U.S. dollars ($100).

9. Indemnification

You agree to indemnify, defend, and hold harmless Erkmo and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to (a) your use of the Service, (b) your violation of these Terms, (c) your violation of any third-party rights, or (d) your Client Data.

10. Termination

Either party may terminate the relationship at any time. You may close your account from the account settings page. We may terminate or suspend your access if you breach these Terms, if required by law, or if we discontinue the Service.

Upon termination, you will have 30 days to export your Client Data via the Service’s export tools or API. After 30 days, we will delete your Client Data in accordance with our Data Processing Agreement.

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict-of-law principles.

12. Dispute Resolution

Before initiating any formal proceeding, you agree to contact us at legal@erkmo.com and attempt to resolve the dispute informally for at least 30 days. If the dispute cannot be resolved informally, it shall be submitted to binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration shall take place in Wilmington, Delaware. Each party shall bear its own costs and attorneys’ fees unless the arbitrator determines otherwise.

Nothing in this section prevents either party from seeking injunctive or other equitable relief in a court of competent jurisdiction to protect its intellectual property or confidential information.

13. Changes to These Terms

We may update these Terms from time to time. We will provide at least 30 days’ notice before material changes take effect, by posting the updated Terms on our website and, where possible, notifying you by email. Your continued use of the Service after the effective date of any change constitutes your acceptance of the revised Terms. If you do not agree to the changes, you must stop using the Service before the effective date.

14. Contact

If you have questions about these Terms, please contact us at legal@erkmo.com or support@trumbone.com.

Erkmo Inc. · erkmo.com