Terms of service

1. This agreement

These terms are an agreement between FalconPlans of [Business address], which operates the Falconzo service, and the organisation that signs up for an account. In these terms, we and us mean FalconPlans, and you means that organisation and the people who use the account.

By creating an account, or by using Falconzo, you accept these terms. If you are agreeing on behalf of a company, you confirm that you are authorised to bind it.

Our privacy policy forms part of this agreement and explains how information is handled.

2. Accounts and eligibility

You must be able to enter into a contract to use Falconzo, and the service is intended for business use rather than personal use. It is not intended for children.

You are responsible for the accounts in your organisation. That means keeping sign-in details confidential, setting each person's role and permissions appropriately, removing access when somebody leaves, and telling us promptly if you believe an account has been misused. Anything done through your accounts is treated as done by you.

The information you give us when you sign up should be accurate, and you should keep it up to date.

3. Acceptable use

You agree not to use Falconzo to:

• Break the law, or help anyone else break it.
• Send unsolicited bulk messages, or messages that breach the rules of the email or messaging provider you are sending through.
• Store or send material that infringes someone's rights, or that is unlawful, abusive or deceptive.
• Upload malware, or attempt to interfere with the service, its security, or another customer's data.
• Probe, scan or test the service without permission, or work around any access control or usage limit.
• Resell or provide the service to a third party unless we have agreed to that in writing.

If you find a security problem, please tell us at [Privacy contact email] rather than exploiting it. Our security page explains what to include.

4. Your data and who owns it

The data you put into Falconzo is yours. That covers your contacts, companies, leads, deals, tasks, notes, files, custom fields and custom objects, along with the mail and messages synchronised from any provider you connect. We claim no ownership of it.

You grant us the permission we need to host, store, transmit, display and back up that data so that we can operate the service for you, and to act on the instructions your users give through the product. We do not use your data for any other purpose.

You can export your records to CSV at any time while your account is active.

We own the Falconzo software, the website, our trade marks and everything we create in the course of running the service. Nothing in this agreement transfers that to you.

5. Your responsibility for the people in your CRM

Falconzo is a tool for storing information about other people. Deciding what to store about them, and deciding to contact them, is your decision, not ours.

You are responsible for making sure that:

• You have a lawful basis for collecting and storing the personal information you put into Falconzo, including anything you upload by CSV import.
• You have any consent or other permission the law requires before you email or message somebody, and that you honour opt-outs and unsubscribe requests.
• You follow the rules of the providers you send through. Email providers and messaging platforms such as WhatsApp, Messenger and Instagram set their own policies about who may be contacted and when, and those policies apply to you.
• You give the people in your records the privacy information they are entitled to, and answer their requests about the data you hold.
• You are entitled to connect the mailbox or channel you connect, and to bring its contents into Falconzo.

Falconzo will refuse to send email to a contact or lead marked as opted out, but that is a safety net and not a substitute for your own compliance.

6. Third-party integrations

Falconzo connects to services we do not control, including Google Workspace and Gmail, Microsoft 365 and Outlook, Zoho Mail, Yahoo Mail, mailboxes reached over IMAP and SMTP, and the Meta messaging and lead form products.

Each of those services has its own terms and its own privacy policy, and your use of them is governed by those documents as well as by this one. You authorise a connection at the provider, and you can disconnect it at any time.

If a provider changes its interfaces, its policies or its pricing, or withdraws access, features that depend on it may change or stop working. We will do what we reasonably can to keep integrations working, but we cannot promise that a third party will continue to make its service available.

7. Availability and changes to the service

We work to keep Falconzo available and to fix faults promptly. We do not promise a particular level of uptime in these terms, and we do not offer a service level agreement unless one has been agreed with you separately in writing.

The service will sometimes be unavailable, for planned maintenance, for problems at a provider we depend on, or for faults. We aim to give notice of planned maintenance where we reasonably can.

We improve and change the product over time. We may add, change or remove features. If we remove a feature you rely on, or make a change that materially reduces the service, we will give you reasonable notice.

8. Fees and billing

Paid plans are billed in advance at the interval shown on our pricing page or in the order you sign. Invoices are payable to FalconPlans in [Billing currency] within [Payment terms].

• Fees exclude taxes. You are responsible for any sales tax, VAT or similar charge that applies, other than tax on our income.
• If a payment fails or is overdue, we may suspend the account after telling you.
• We may change prices. Any change takes effect at your next renewal, and we will tell you in advance.
• Fees already paid are non-refundable except where the law requires a refund or where we have agreed otherwise in writing.

9. Suspension and termination

You can stop using Falconzo and close your account at any time. The data deletion page explains how, and what happens to your data.

We may suspend or end an account if you breach these terms, if the account is used in a way that puts the service or other customers at risk, if fees remain unpaid, or if the law requires it. Except where the risk is immediate or the law prevents it, we will tell you first and give you a chance to put the problem right.

Export your data before you close an account. After closure we retain it for [Data retention period] and then delete it, apart from records we are required to keep. Sections that by their nature should survive the end of this agreement, such as ownership, disclaimers, limitation of liability and governing law, continue to apply.

10. Disclaimers

Falconzo is provided as it is. Beyond what this agreement says, and beyond the rights the law gives you that cannot be excluded, we do not make promises about the service. In particular, we do not promise that it will be uninterrupted or error free, that it will meet a specific requirement of yours, that it will detect every duplicate or match every conversation to the right record, or that data held by a third-party provider will always be available through it.

Falconzo is a business tool, not legal, tax or compliance advice. It does not decide for you whether contacting a person is lawful.

11. Limitation of liability

Neither side excludes liability for anything that cannot lawfully be excluded, such as fraud, or death or personal injury caused by negligence.

Subject to that, we are not liable for indirect or consequential loss, for lost profits, lost revenue, lost business or lost goodwill, or for the cost of getting substitute services, even if we were told those losses were possible.

Also subject to that, our total liability arising out of or in connection with this agreement is limited to the fees you paid us for the service in the [Liability cap period] before the event that gave rise to the claim.

You are responsible for keeping your own copies of anything you cannot afford to lose. Export is available in the product at any time.

12. Confidentiality

Each side may learn non-public information about the other. Each side agrees to protect the other's confidential information with reasonable care, to use it only for the purposes of this agreement, and not to disclose it except to people who need it and are bound by similar obligations, or where the law requires disclosure.

13. Changes to these terms

We may update these terms as the product and the business change. The date at the top of this page shows when they were last updated. If a change materially affects your rights or obligations, we will tell account owners by email or by a notice in the product before it takes effect. Continuing to use Falconzo after a change takes effect means you accept the updated terms. If you do not accept them, close your account before the change takes effect.

14. General

• You may not transfer this agreement without our written consent. We may transfer it as part of a merger, acquisition or sale of assets.
• If part of this agreement is found unenforceable, the rest stays in force.
• A delay in enforcing a right is not a waiver of that right.
• This agreement, together with the privacy policy and any order you sign, is the whole agreement between us about Falconzo.
• Notices to us should go to [Privacy contact email].

15. Governing law

This agreement is governed by the law of [Jurisdiction], and the courts of [Jurisdiction] have exclusive jurisdiction over any dispute arising from it. Nothing here removes a right you have to bring a claim in your own country where the law gives you that right.

16. Contact

Questions about these terms can go to [Privacy contact email], or by post to FalconPlans, [Business address].