Terms and Conditions

1. Acceptance of Terms

Welcome to TMD Management Group LLC (“TMD Marketing,” “we,” “us,” or “our”). By accessing or using our website at tmdmktg.com, our CRM services, or any related services (collectively, the “Services”), you agree to be bound by these Terms and Conditions (“Terms”). If you do not agree to these Terms, please do not use our Services.

2. Description of Services

TMD Marketing provides customer relationship management (CRM) software and related marketing services to businesses. Our Services include but are not limited to:

• Customer contact management
• Two-way SMS and email communication
• Lead tracking and pipeline management
• Review request automation
• Analytics and reporting
• White-label CRM solutions

3. Eligibility

You must be at least 18 years old and have the legal authority to enter into these Terms on behalf of yourself or your business. By using our Services, you represent and warrant that you meet these requirements.

4. Account Registration

4.1 Account Creation

To use our Services, you may be required to create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and update your information to keep it accurate
• Maintain the security of your account credentials
• Notify us immediately of any unauthorized access to your account

4.2 Account Responsibility

You are responsible for all activities that occur under your account. We are not liable for any loss or damage arising from your failure to maintain account security.

5. Acceptable Use

5.1 Permitted Use

You agree to use our Services only for lawful purposes and in accordance with these Terms.

5.2 Prohibited Activities

You agree NOT to:

• Violate any applicable laws or regulations
• Send spam, unsolicited messages, or engage in mass marketing without consent
• Transmit any harmful code, viruses, or malware
• Attempt to gain unauthorized access to our systems
• Use our Services to harass, abuse, or harm others
• Impersonate any person or entity
• Scrape, copy, or reverse engineer our Services
• Use our Services for any illegal or fraudulent purpose
• Violate the CAN-SPAM Act, TCPA, or other communication laws
• Send messages to individuals who have not opted in to receive them

6. SMS and Email Communications

6.1 Consent

By using our SMS and email features, you agree to:

• Only send messages to recipients who have provided explicit consent
• Honor all opt-out requests immediately
• Comply with all applicable laws including the Telephone Consumer Protection Act (TCPA) and CAN-SPAM Act
• Include accurate sender identification in all messages
• Provide a clear method for recipients to opt out

6.2 Your Responsibility

You are solely responsible for:

• Obtaining proper consent from message recipients
• The content of messages you send through our Services
• Compliance with all applicable laws and regulations
• Any claims or disputes arising from your use of our messaging features

6.3 Prohibited Messages

You may not use our Services to send:

• Deceptive, misleading, or fraudulent messages
• Messages that violate recipients’ privacy
• Illegal or harmful content
• Unsolicited commercial messages (spam)

7. Payment Terms

7.1 Fees

You agree to pay all fees associated with your use of our Services as described in your service plan. Fees are subject to change with 30 days’ notice.

7.2 Billing

• Subscription fees are billed monthly or annually as selected
• Payment is due at the beginning of each billing period
• We accept major credit cards and other payment methods as available
• All fees are non-refundable except as required by law

7.3 Late Payment

Failure to pay fees when due may result in:

• Suspension or termination of your account
• Loss of access to your data
• Collection efforts and associated fees

7.4 Taxes

You are responsible for all taxes associated with your use of our Services.

8. Intellectual Property

8.1 Our Property

All content, features, and functionality of our Services, including but not limited to text, graphics, logos, software, and designs, are owned by TMD Marketing or our licensors and are protected by copyright, trademark, and other intellectual property laws.

8.2 Limited License

We grant you a limited, non-exclusive, non-transferable license to access and use our Services for your business purposes in accordance with these Terms.

8.3 Your Content

You retain ownership of all content you upload or create using our Services (“Your Content”). By using our Services, you grant us a license to use, store, and display Your Content solely to provide the Services to you.

8.4 Feedback

If you provide us with feedback or suggestions about our Services, we may use that feedback without any obligation to you.

9. Data and Privacy

9.1 Data Collection

We collect and process data as described in our Privacy Policy, which is incorporated into these Terms by reference.

9.2 Your Data

You are responsible for:

• The accuracy and legality of data you input into our Services
• Obtaining necessary consents for data collection
• Complying with applicable data protection laws (including GDPR, CCPA)

9.3 Data Security

While we implement reasonable security measures, we cannot guarantee absolute security. You acknowledge that you use our Services at your own risk.

9.4 Data Backup

You are responsible for maintaining your own backups of Your Content. We are not liable for any loss of data.

10. Third-Party Services

Our Services may integrate with or link to third-party services (such as Twilio, CallRail, SendGrid, etc.). Your use of these third-party services is subject to their respective terms and conditions. We are not responsible for third-party services or their content.

11. Termination

11.1 Termination by You

You may terminate your account at any time by contacting us at [email protected]. Termination does not relieve you of any payment obligations incurred prior to termination.

11.2 Termination by Us

We may suspend or terminate your access to our Services at any time, with or without notice, for:

• Violation of these Terms
• Non-payment of fees
• Illegal or fraudulent activity
• Any other reason at our sole discretion

11.3 Effect of Termination

Upon termination:

• Your right to use our Services immediately ceases
• You remain liable for all fees incurred prior to termination
• We may delete Your Content after 30 days
• We are not liable for any damages resulting from termination

12. Disclaimers

12.1 Service “As Is”

OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

12.2 No Guarantee

We do not guarantee that:

• Our Services will be uninterrupted, secure, or error-free
• Results obtained from our Services will be accurate or reliable
• Any errors in our Services will be corrected
• Our Services will meet your specific requirements

12.3 Third-Party Content

We are not responsible for any content, products, or services provided by third parties accessed through our Services.

13. Limitation of Liability

13.1 Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TMD MARKETING’S TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.

13.2 Excluded Damages

IN NO EVENT SHALL TMD MARKETING BE LIABLE FOR:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES
• COST OF SUBSTITUTE SERVICES
• DAMAGES ARISING FROM YOUR USE OR INABILITY TO USE OUR SERVICES

This limitation applies even if we have been advised of the possibility of such damages.

13.3 Exceptions

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability for incidental or consequential damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law.

14. Indemnification

You agree to indemnify, defend, and hold harmless TMD Marketing, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys’ fees) arising from:

• Your use of our Services
• Your violation of these Terms
• Your violation of any rights of another party
• Your violation of any applicable laws or regulations
• Content you submit or transmit through our Services
• Your use of our SMS or email messaging features

15. Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

• Posting the updated Terms on our website
• Sending notice to your registered email address
• Displaying a notice when you log in to our Services

Your continued use of our Services after such notice constitutes acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using our Services.

16. Modifications to Services

We reserve the right to modify, suspend, or discontinue any part of our Services at any time, with or without notice. We are not liable to you or any third party for any modification, suspension, or discontinuation of our Services.

17. Dispute Resolution

17.1 Informal Resolution

Before filing a claim, you agree to contact us at [email protected] to attempt to resolve the dispute informally. We will attempt to resolve the dispute within 30 days.

17.2 Binding Arbitration

If we cannot resolve a dispute informally, you and TMD Marketing agree to resolve any claims through binding arbitration in accordance with the rules of the American Arbitration Association, except as modified by these Terms.

17.3 Arbitration Rules

• Arbitration will be conducted in Salt Lake City, Utah (or another mutually agreed location)
• The arbitrator’s decision is final and binding
• Each party bears its own costs and fees unless the arbitrator decides otherwise
• You may choose to participate in arbitration via telephone or videoconference

17.4 Class Action Waiver

YOU AND TMD MARKETING AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.

17.5 Small Claims Court

Either party may bring a claim in small claims court as an alternative to arbitration.

18. Governing Law

These Terms are governed by the laws of the State of Utah, United States, without regard to its conflict of law provisions. You consent to the exclusive jurisdiction of the state and federal courts located in Salt Lake City, Utah for any disputes not subject to arbitration.

19. General Provisions

19.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and TMD Marketing regarding our Services and supersede all prior agreements.

19.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

19.3 Waiver

Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

19.4 Assignment

You may not assign or transfer these Terms or your account without our written consent. We may assign these Terms without restriction.

19.5 No Agency

Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and TMD Marketing.

19.6 Force Majeure

We are not liable for any failure to perform our obligations due to causes beyond our reasonable control, including natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, or acts of God.

19.7 Notices

All notices to you will be sent to the email address associated with your account. Notices to us should be sent to:

TMD Management Group LLC
Email: [email protected]
Phone: (435) 375-4191

19.8 Export Controls

You agree to comply with all applicable export and import laws and regulations.

20. Contact Information

If you have questions about these Terms, please contact us:

TMD Management Group LLC
Email: [email protected]
Phone: (435) 375-4191
Website: tmdmktg.com

21. Acknowledgment

BY USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM.

End of Terms and Conditions

SMS TERMS OF USE

When you opt in to the service, we may send you a message to confirm your sign-up. Message and data rates may apply. Message frequency varies. Text “HELP” for help. Text “STOP” to cancel.

You can cancel this service at any time. Just text “STOP” to our  number. After you send the message “STOP” to us, we will send you a reply message to confirm that you have been unsubscribed. After this, you will no longer receive messages from us.

If you want to join again, just sign up as you did the first time and we will start sending messages to you again.

If at any time you forget what keywords are supported, just text “HELP” to our number. After you send the message “HELP” to us, we will respond with instructions on how to use our service as well as how to unsubscribe.

Participating carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, U.S. Cellular, Boost Mobile, MetroPCS, Virgin Mobile, Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of 
Northeast Pennsylvania, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).

Carriers are not liable for delayed or undelivered messages.

If you have any questions regarding privacy, please read our privacy policy.