Terms of Service

These Terms of Service ("Terms") govern your access to and use of binderycrm.com, our products, and any associated services (collectively, the "Site") operated by BinderyCRM, a venture of The Infogetics Group, LLC ("Company," "we," "us," or "our"), a Michigan limited liability company with its principal place of business at 4635 East River Rd., Buchanan, Michigan 49107.

By accessing or using the Site, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use the Site.

1. Description of Services

The Site serves as the official website for BinderyCRM, the customer engagement practice of The Infogetics Group, LLC. We build intelligent, purpose-built CRM and ad management tools. The Site may provide product information, software-as-a-service functionality, user account features, and other interactive services as they are developed and deployed.

2. Eligibility

You must be at least 13 years of age to use the Site. Certain features, including purchases and account creation, may require you to be at least 18 years of age or the age of legal majority in your jurisdiction. By using the Site, you represent and warrant that you meet the applicable eligibility requirements. If you are using the Site on behalf of a business or legal entity, you represent that you have the authority to bind that entity to these Terms.

3. User Accounts

Certain features of the Site or our products may require you to create an account. If you create an account, you agree to:

• Provide accurate, current, and complete information during registration.
• Maintain and promptly update your account information to keep it accurate and complete.
• Maintain the security and confidentiality of your login credentials and not share them with any third party.
• Accept responsibility for all activities that occur under your account.
• Notify us immediately at eric@infogetics.com if you suspect unauthorized access to or use of your account.

We reserve the right to suspend or terminate your account at any time, with or without notice, for conduct that we determine, in our sole discretion, violates these Terms or is harmful to the Site, our products, other users, or third parties.

4. Intellectual Property

All content on the Site and in our products, including but not limited to text, graphics, logos, trademarks, trade names, images, videos, audio, software, data compilations, page layout, underlying code, and the overall design and arrangement (collectively, "Content"), is the property of The Infogetics Group, LLC or its licensors and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit, or otherwise exploit any Content from the Site or our products without our prior written consent, except as follows:

• Your computer or device may temporarily store copies of Content incidental to your accessing and using the Site or products.
• You may take screenshots of our products for personal, non-commercial use with proper attribution.

The names "BinderyCRM," "ShopKick.ai," "The Infogetics Group," and all related logos and product/service names are trademarks of The Infogetics Group, LLC. You may not use these trademarks without our prior written permission.

5. User Conduct

When using the Site or our products, you agree not to:

• Use the Site or products in any way that violates any applicable federal, state, local, or international law or regulation.
• Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Site or products.
• Impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the servers on which the Site is stored, or any server, computer, or database connected to the Site.
• Reverse engineer, decompile, or disassemble any of our software or products.
• Use automated tools, scripts, or bots to access the Site or products without our prior written consent.

6. Software-as-a-Service Terms

The following terms apply to any products or services offered through the Site:

6.1 Pricing and Availability

All prices displayed on the Site are in U.S. dollars unless otherwise stated. We reserve the right to change prices at any time with reasonable notice to active subscribers. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice.

6.2 Subscriptions and Payment

Subscription services are billed on a recurring basis as specified at the time of purchase. Payment must be made at the time of purchase through our accepted payment methods. All payment information is processed securely by third-party payment processors.

6.3 Cancellation and Refunds

You may cancel your subscription at any time. Upon cancellation, you will retain access to the service through the end of your current billing period. Refunds may be provided at our discretion for unused portions of prepaid services.

6.4 Sales Tax

Applicable sales tax will be added to your order as required by Michigan law and any other applicable jurisdictions.

7. Data and Customer Content

You retain all rights to the data and content you input into our products ("Customer Content"). You grant us a limited, non-exclusive right to use, process, and store your Customer Content solely for the purpose of providing and improving our services to you.

We will not access your Customer Content except as necessary to provide the service, respond to support requests, or as required by law. Upon termination of your account, we will make your Customer Content available for export for a period of 30 days, after which it may be deleted.

8. Third-Party Links and Services

The Site may contain links to third-party websites and services, including our parent company at infogetics.com and affiliated ventures. These links are provided for your convenience only. We do not control, endorse, or assume responsibility for any third-party sites, information, materials, products, or services.

9. Disclaimer of Warranties

THE SITE, OUR PRODUCTS, AND ALL CONTENT AND SERVICES PROVIDED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

THE COMPANY DOES NOT WARRANT THAT THE SITE OR OUR PRODUCTS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE INFOGETICS GROUP, LLC, ITS OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, AFFILIATES, SUBSIDIARIES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SITE OR OUR PRODUCTS.

IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SITE, OUR PRODUCTS, OR THESE TERMS EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

11. Indemnification

You agree to indemnify, defend, and hold harmless The Infogetics Group, LLC and its officers, directors, members, managers, employees, agents, affiliates, and subsidiaries from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from or related to: (a) your use of the Site or our products; (b) your violation of these Terms; (c) your violation of any rights of a third party; or (d) any content you submit, post, or transmit through the Site.

12. Governing Law and Jurisdiction

These Terms and any disputes arising out of or related to the Site, our products, or these Terms shall be governed by and construed in accordance with the laws of the State of Michigan, United States of America, without regard to its conflict of law principles.

Any legal action or proceeding arising out of or related to these Terms or the Site shall be brought exclusively in the state or federal courts located in Berrien County, Michigan. You irrevocably consent to the personal jurisdiction and venue of such courts.

13. Dispute Resolution

Before initiating any legal proceeding, you agree to first contact us at eric@infogetics.com and attempt to resolve the dispute informally for a period of at least thirty (30) days.

14. Termination

We may terminate or suspend your access to the Site and our products immediately, without prior notice or liability, for any reason, including without limitation if you breach these Terms. Upon termination, your right to use the Site will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive.

15. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, severed from these Terms. The remaining provisions shall continue in full force and effect.

16. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and BinderyCRM (The Infogetics Group, LLC) regarding your use of the Site and our products, and supersede all prior and contemporaneous agreements.

17. Changes to These Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will update the "Last Updated" date at the top of this page. Your continued use of the Site following the posting of revised Terms constitutes your acceptance of such changes.

18. Contact Us

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