Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer", "you", or "your") and Cycl Sales ("Cycl Sales", "we", "us", or "our") governing your access to and use of the Cycl Sales real estate CRM platform, including our website, software, applications, and services (collectively, the "Service").

By accessing or using our Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.

2. Description of Service

Cycl Sales provides a cloud-based customer relationship management (CRM) platform designed specifically for real estate investors, real estate agents, and small businesses. Our Service includes:

• CRM and contact management tools
• Lead tracking and pipeline management
• AI-powered automation and chatbots
• Email and SMS marketing capabilities
• Phone system with call recording
• Website and funnel builder
• Analytics and reporting tools
• Integrations with third-party services
• Prebuilt industry-specific systems and templates

3. Eligibility and Account Registration

3.1 Eligibility

To use our Service, you must:

• Be at least 18 years of age
• Have the legal authority to enter into binding contracts
• Not be prohibited from using the Service under applicable laws
• Provide accurate and complete registration information

3.2 Account Registration

To access certain features of the Service, you must create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Keep your password secure and confidential
• Notify us immediately of any unauthorized use of your account
• Accept responsibility for all activities that occur under your account

3.3 Account Security

You are responsible for maintaining the security of your account and password. Cycl Sales will not be liable for any loss or damage arising from your failure to comply with this security obligation.

4. Subscription Plans and Payment

4.1 Subscription Plans

Cycl Sales offers various subscription plans with different features and pricing. Current plan details are available at cyclsales.com/pricing. We reserve the right to modify our pricing and plan offerings at any time.

4.2 Payment Terms

• Billing Cycle: Subscriptions are billed monthly or annually, depending on your selected plan
• Automatic Renewal: Subscriptions automatically renew at the end of each billing period unless cancelled
• Payment Method: You must provide a valid payment method (credit card or ACH) for subscription plans
• Payment Processing: Payments are processed through secure third-party payment processors
• Failed Payments: If a payment fails, we may suspend or terminate your access to the Service

4.3 Usage-Based Fees

In addition to subscription fees, you will be charged usage-based fees for:

• Phone calls (outbound and inbound per-minute rates)
• SMS/text messages (per-message rates)
• Email sends (per-email rates)

Current usage rates are available in your account dashboard and billing section.

4.4 Taxes

All fees are exclusive of applicable taxes (sales tax, VAT, GST, etc.), which you are responsible for paying based on your location.

4.5 Price Changes

We may change subscription prices upon 30 days' notice. Price changes will apply to renewals after the notice period. If you do not agree to a price change, you may cancel your subscription.

5. Lifetime Deals and Special Offers

5.1 Lifetime Deal Offerings

In rare instances, Cycl Sales may offer special lifetime deals or lifetime access offerings ("Lifetime Deals") for certain subscription plans or services. These Lifetime Deals, when offered, provide extended or lifetime access to the Service in exchange for a one-time payment or specially discounted ongoing subscription.

5.2 Termination Upon Business Closure

Notwithstanding any other provisions in these Terms or any representations made in connection with Lifetime Deals, you acknowledge and agree that all Lifetime Deals are contingent upon the continued operation of Cycl Sales as a business. In the event that Cycl Sales ceases operations, closes, goes out of business, files for bankruptcy, or otherwise discontinues the Service for any reason ("Business Closure"), all Lifetime Deals shall automatically become null and void, and Cycl Sales shall have no further obligation to provide Service access or refund any amounts paid for such Lifetime Deals.

5.3 No Guarantee of Perpetual Service

While Cycl Sales intends to provide long-term, reliable service, no Lifetime Deal constitutes a guarantee of perpetual service availability. Business circumstances, technological changes, market conditions, or other factors beyond our control may necessitate service modifications or discontinuation. By purchasing a Lifetime Deal, you acknowledge and accept this risk.

5.4 Service Modifications

Cycl Sales reserves the right to modify features, functionality, or service levels included in Lifetime Deals at any time. We will make reasonable efforts to maintain substantially similar value, but specific features or integrations may be added, modified, or discontinued.

5.5 Limited Liability for Lifetime Deals

In the event of Business Closure or service discontinuation, Cycl Sales' liability to Lifetime Deal purchasers shall be limited to the extent provided in Section 13 (Limitation of Liability) of these Terms. Under no circumstances shall our total liability for Lifetime Deals exceed the amount you actually paid for the Lifetime Deal.

5.6 Transferability

Lifetime Deals are non-transferable and may not be resold, assigned, or transferred to any other person or entity without prior written consent from Cycl Sales.

6. Cancellation, Refunds, and Termination

6.1 All Sales Are Final — No Refunds

The Service consists of non-tangible digital goods, software access, and professional services that are delivered, performed, and consumed immediately and on an ongoing basis. Because these goods and services cannot be returned and their value is delivered to you upon access and performance, ALL FEES AND PAYMENTS ARE NON-REFUNDABLE, IN WHOLE OR IN PART, FOR ANY REASON, AND ALL SALES ARE FINAL. This includes, without limitation, subscription fees, setup and onboarding fees, custom build and configuration work, professional and consulting services, usage-based fees, and add-ons.

You acknowledge and agree that you have carefully reviewed the service descriptions, pricing, and these Terms prior to purchase, and that you are knowingly waiving any right to a refund. Cycl Sales does not offer a money-back guarantee or "satisfaction guarantee" of any kind. Any statement by Cycl Sales or its representatives about working to ensure your satisfaction is a description of our support philosophy only and does not create any right to a refund, credit, or chargeback.

6.2 Our Commitment to Your Success

We genuinely want you to succeed with the Service. We will work with you in good faith to help you understand and use the platform effectively, and we encourage you to contact our team with any issue before taking any other action. This commitment is a description of the support we provide and does not constitute a warranty, guarantee of results, or any entitlement to a refund.

6.3 Non-Refundable Setup, Onboarding, Custom Work, and Professional Services

In addition to subscription fees, Cycl Sales may perform setup, onboarding, custom configuration, build-out, integration, design, automation, consulting, and other professional services ("Custom Work"). You acknowledge and agree that:

• Custom Work is labor and expertise that is performed for you and consumed upon performance, and its value is realized regardless of whether you continue using the Service;
• All fees for Custom Work are fully earned when the work is performed and are non-refundable, even if you later cancel, become dissatisfied, or dispute a separate charge;
• Where Custom Work is bundled with or included in a subscription or package price, you agree that a substantial portion of the amount paid is allocated to the labor and services performed, and that this portion is non-refundable;
• Time, resources, and scheduling priority devoted to your account—including work prioritized ahead of other clients—constitute valuable consideration that has been delivered to you.

6.4 Acceptance and Proof of Delivery

You agree that any of the following constitutes your acceptance of, and proof of delivery of, the Service and any Custom Work: (a) accessing or logging into the Platform; (b) receiving login credentials, deliverables, or work product from us; (c) the passage of seven (7) days after access is made available to you without a written objection submitted to us; or (d) your continued use of the Service. Once the Service or Custom Work has been delivered or made available, it is deemed accepted and the associated fees are fully earned and non-refundable.

6.5 No Refunds or Credits

All Fees assessed by Cycl Sales are non-refundable. You are solely responsible for any excess Fees incurred by You as a result of an error or omission made by You or a third party. Cycl Sales does not provide Fee refunds or credits for such errors or omissions, or for partially used or unused Platform or Services subscriptions. If you sign up for a subscription but do not access the Service or Platform, you are still responsible for all Fees during the term of your subscription. If, as a one-time courtesy and in its sole and absolute discretion, Cycl Sales chooses to issue any refund or credit, doing so is not an admission of any obligation, does not waive this policy, and creates no right to any future refund or credit. Cycl Sales' determination of if and when to issue or deny a refund or credit is final.

6.6 Cancellations

There are no long-term contracts or commitments. You may cancel your Cycl Sales account at any time:

• Monthly Plans: You may cancel at any time. Cancellation takes effect at the end of the current billing period. No partial-month or prorated refunds are provided.
• Annual Plans: You may cancel at any time. No refunds will be provided for unused portions of annual subscriptions.
• How to Cancel: Cancel through your account settings, by submitting a ticket at cyclsales.com/contact, or by contacting support at [email protected].

Cancellation stops future renewal charges only; it does not refund amounts already billed and does not waive amounts already owed. You are solely responsible for the timely cancellation of Services associated with your account, and you will be responsible for all Fees incurred until such cancellation occurs. No refunds will be provided for your failure to properly cancel. No refunds will be given for prorations on a cancellation within a billing cycle.

6.7 Authorization for Recurring Charges

By providing a payment method and selecting a recurring plan, you expressly authorize Cycl Sales (and its payment processors) to charge that payment method on a recurring basis for all subscription Fees, usage-based Fees, and applicable taxes, at the then-current rates, until you cancel in accordance with Section 6.6. This authorization remains in effect until cancellation is completed. You acknowledge that you have been clearly informed of the recurring nature, amount, and billing frequency of these charges at the time of purchase, and you agree that these recurring charges are properly authorized and are not unauthorized transactions.

6.8 Chargebacks — Agreement Not to Dispute Authorized Charges

You agree that the only process for resolving any billing concern is the procedure described in these Terms, and that you will contact Cycl Sales at [email protected] to resolve any concern before contacting your bank or card issuer. You expressly agree not to initiate, request, or pursue any chargeback, payment reversal, or dispute with your bank or card issuer for any charge that you authorized or that corresponds to Service or Custom Work made available to you.

You acknowledge and agree that:

• Filing a chargeback for an authorized charge, or for Service or Custom Work that was delivered or made available, is a material breach of these Terms and constitutes wrongful conduct;
• This agreement, together with our records of your acceptance of these Terms, your authorization of payment, your access to the Platform, and the delivery of any Custom Work, constitutes your binding consent and "compelling evidence" that the charge was valid and authorized, and may be submitted to the card networks, banks, and payment processors in response to any dispute;
• If you initiate a chargeback in breach of this Section, you agree to reimburse Cycl Sales for the full disputed amount, plus all chargeback fees, penalties, administrative costs, and any costs of collection, including reasonable attorneys' fees;
• Cycl Sales may suspend or terminate your account and pursue collection of all amounts owed, and may report the breach to relevant agencies or fraud databases where permitted by law.

6.9 Overdue Amounts

If, for any reason, your credit card company declines, reverses, or otherwise refuses to pay the amount owed for the Services you have purchased, you agree that we may suspend or terminate your use of the Platform and/or delivery of Services and may require you to pay any overdue Fees and other amounts incurred (including any third-party chargeback fees or penalties) by other means acceptable to us. In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees and other legal expenses.

6.10 Billing Dispute Procedure

You will notify us in writing at [email protected] within sixty (60) days of the date we bill you for any invoiced Fees or charges that you wish to dispute, providing reasonable detail of the basis for the dispute. Any charge not disputed in writing within this period is conclusively deemed accepted, authorized, and valid. You must pay all invoiced Fees and charges while the dispute is pending or you waive the right to pursue the dispute. Where you are disputing any Fees or charges, you must act reasonably and in good faith and cooperate diligently with us to resolve the dispute. This written procedure is the exclusive means of disputing a charge, and pursuing a chargeback instead of this procedure is a breach of Section 6.8.

6.11 Your Responsibility For Financial Transactions

You are solely responsible for all financial transactions you and your customers engage in on the Platform or using the Services, including transactions conducted using billing tools enabled by the Services. You are exclusively responsible for all chargebacks related to activities of you and your customers, regardless of the reason for the chargeback.

6.12 Right to Suspend, Terminate, or Decline Service

(a) Termination for Cause. We reserve the right to suspend or terminate your account immediately, without notice and without refund, if you:

• Violate these Terms of Service;
• Engage in fraudulent, abusive, or illegal activity;
• Initiate a chargeback in breach of Section 6.8;
• Abuse or misuse the Service or our staff;
• Fail to pay fees when due; or
• Violate applicable laws or regulations.

(b) Termination Without Cause (At Will). Cycl Sales may, in its sole discretion, suspend, terminate, or decline to continue providing the Service or any Custom Work to any customer at any time, for any reason or for no reason, with or without cause, and with or without prior notice. We are not obligated to provide a reason for any such decision. In the event we terminate your account without cause, your sole and exclusive remedy is, at our discretion, a refund of the prorated unused portion of any prepaid subscription Fees for the period after termination; fees for delivered Service, setup, onboarding, and Custom Work remain non-refundable.

(c) Effect of Termination. Upon termination, your right to access the Service ends immediately. Sections relating to payment, non-refundability, chargebacks, limitations of liability, indemnification, and dispute resolution survive termination.

6.13 Cancellation Process and Customer Responsibilities

(a) Completion of Cancellation: Cancellation requests must be completed through the full cancellation process. If you request to pause, delay, or reverse a cancellation request for any reason (including to access or export your data), you are responsible for notifying us when you are ready to proceed with cancellation.

(b) Billing Continues Until Cancellation is Complete: Your account remains active and billable until cancellation is fully processed. Requesting cancellation does not stop billing; only completed cancellations stop future charges.

(c) Responsibility to Monitor Billing: You are responsible for monitoring your billing statements. Continued billing after a paused or incomplete cancellation request does not entitle you to refunds for charges you could have avoided by completing the cancellation process or notifying us promptly.

(d) Follow-Up on Incomplete Requests: We will make reasonable efforts to follow up on incomplete cancellation requests, but the ultimate responsibility for ensuring cancellation completion rests with you.

6.14 Contact for Refund and Billing Questions

If you have any questions, concerns, or complaints regarding this policy, please contact us before taking any other action:

• Email: [email protected]
• Phone: 888-897-1667

7. Acceptable Use Policy

7.1 Permitted Use

You may use the Service only for lawful purposes and in accordance with these Terms. You agree to use the Service for legitimate business purposes related to real estate, sales, and customer relationship management.

7.2 Prohibited Activities

You agree NOT to:

• Violate any applicable laws, regulations, or third-party rights
• Send spam, unsolicited communications, or violate anti-spam laws (CAN-SPAM, GDPR, TCPA)
• Upload or transmit viruses, malware, or malicious code
• Attempt to gain unauthorized access to our systems or other users' accounts
• Reverse engineer, decompile, or disassemble any part of the Service
• Use the Service to harass, abuse, or harm another person
• Impersonate any person or entity
• Collect or store personal data about other users without authorization
• Use automated systems (bots, scrapers) to access the Service
• Resell, sublicense, or redistribute the Service without authorization
• Use the Service for benchmarking or competitive analysis
• Remove or obscure any proprietary notices or labels

7.3 Compliance with Laws

You are solely responsible for ensuring your use of the Service complies with all applicable laws, including:

• CAN-SPAM Act (email marketing)
• Telephone Consumer Protection Act (TCPA) (phone and SMS marketing)
• GDPR, CCPA, and other data protection laws
• Real estate licensing and disclosure requirements
• Fair Housing Act and other anti-discrimination laws

8. Data and Content Ownership

8.1 Your Data

"Customer Data" means all data, content, and information you upload, submit, or create using the Service, including contact information, communications, files, and user-generated content.

You retain all ownership rights to your Customer Data. By using the Service, you grant Cycl Sales a limited license to host, store, process, and display your Customer Data solely to provide and improve the Service.

8.2 Cycl Sales Intellectual Property

The Service, including all software, designs, text, graphics, logos, and other content (excluding Customer Data), is owned by Cycl Sales and protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works based on our intellectual property.

8.3 Feedback

If you provide feedback, suggestions, or ideas about the Service, you grant Cycl Sales an unlimited, perpetual, irrevocable license to use that feedback without compensation or attribution.

9. Data Privacy and Security

9.1 Privacy Policy

Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, and protect your information.

9.2 Data Security

We implement industry-standard security measures to protect your data, including encryption, access controls, and regular security audits. However, no system is 100% secure, and we cannot guarantee absolute security.

9.3 Data Processing

By using the Service, you authorize Cycl Sales to process your Customer Data in accordance with our Privacy Policy and applicable data protection laws (GDPR, CCPA, etc.).

9.4 Data Backups

We perform regular automated backups of Customer Data. However, you are responsible for maintaining your own backups of critical data.

10. Cookies and Tracking Technologies

10.1 Use of Cookies

We employ the use of cookies to enhance your user experience and provide certain functionalities. By accessing Cycl Sales, you agree to use cookies in accordance with our Privacy Policy.

Cookies are small files that are stored on your device when you visit our website. They enable us to:

• Remember your login information and preferences
• Analyze website traffic and usage patterns
• Improve our Service and user experience
• Provide personalized content and features

10.2 Affiliate and Advertising Partners

Some of our affiliate and advertising partners may also use cookies on our website. These third-party cookies are used to track conversions, analyze performance, and provide relevant advertising. We do not have control over these cookies, and they are governed by the privacy policies of the respective third parties.

10.3 Cookie Management

You can control and manage cookies through your browser settings. However, disabling cookies may limit your ability to use certain features of our Service. For more information about how we use cookies and how to manage your preferences, please see our Privacy Policy.

11. Service Availability and Support

11.1 Uptime Commitment

We strive to maintain 99.9% uptime for the Service, excluding scheduled maintenance. However, we do not guarantee uninterrupted or error-free access.

11.2 Scheduled Maintenance

We may perform scheduled maintenance that temporarily interrupts Service access. We will provide advance notice when possible.

11.3 Customer Support

Support availability varies by subscription plan:

• Automate Plan: 24/7 chat support, email support
• AI Autopilot Plan: Priority support, weekly office hours
• Ultimate AI Plan: Dedicated technical account rep, phone support

12. Third-Party Integrations

12.1 Third-Party Services

The Service may integrate with third-party services (Google, Microsoft, Zapier, etc.). Your use of third-party services is subject to their own terms and conditions.

12.2 No Endorsement

We do not endorse or assume responsibility for third-party services. Integration availability may change without notice.

12.3 API Usage

If you use our API or connect third-party applications, you must comply with our API terms and usage limits.

13. Limitation of Liability

13.1 Disclaimer of Warranties

THE SERVICE IS 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.

13.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CYCL SALES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES ARISING FROM YOUR USE OF THE SERVICE.

IN NO EVENT SHALL CYCL SALES' TOTAL LIABILITY EXCEED THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM.

13.3 Exceptions

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability, so the above limitations may not apply to you.

14. Indemnification

You agree to indemnify, defend, and hold harmless Cycl Sales, its affiliates, officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use or misuse of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Your Customer Data
• Your violation of applicable laws

15. Modifications to Terms

We reserve the right to modify these Terms at any time. When we make changes:

• We will update the "Last Updated" date
• We will notify you via email or in-app notification for material changes
• Changes become effective 30 days after notice
• Your continued use of the Service after changes take effect constitutes acceptance

If you do not agree to modified Terms, you must stop using the Service and cancel your account.

16. Modifications to Service

We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice. We will not be liable for any modification, suspension, or discontinuation.

17. Dispute Resolution and Arbitration

17.1 Informal Resolution

If you have a dispute with Cycl Sales, you agree to first contact us at [email protected] and attempt to resolve the dispute informally.

17.2 Binding Arbitration

If informal resolution fails, you agree that any dispute will be resolved through binding arbitration rather than in court, except for disputes that qualify for small claims court.

Arbitration will be conducted by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration will take place in Utah County, Utah, and judgment on the award may be entered in any court with jurisdiction.

17.3 Class Action Waiver

You agree that disputes will be resolved on an individual basis only. You waive any right to participate in a class action lawsuit or class-wide arbitration.

18. Governing Law and Jurisdiction

These Terms are governed by the laws of the United States and the State of Utah, without regard to conflict of law principles. Any disputes not subject to arbitration will be resolved exclusively in the state or federal courts located in Utah County, Utah.

19. General Provisions

19.1 Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices, constitute the entire agreement between you and Cycl Sales regarding the Service.

19.2 Severability

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

19.3 Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or our right to enforce it in the future.

19.4 Assignment

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

19.5 Force Majeure

We will not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, or internet service provider failures.

20. Contact Information

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

• Email: [email protected]
• Support: [email protected]
• Website: cyclsales.com/contact

Summary: By using Cycl Sales, you agree to use our real estate CRM platform legally and responsibly. We provide the Service "as is" with reasonable efforts to maintain uptime and security. All sales are final and all fees—including subscriptions, setup, and custom work—are non-refundable. You may cancel future renewals anytime. You agree to resolve any billing concern with us directly and not to file a chargeback for authorized charges. We may decline or end service to any client at any time. You own your data, and we own our platform. Disputes will be resolved through arbitration. If you have questions, contact us at [email protected].