Effective Date: 07/07/2025

These Terms of Use (“Terms”) govern your access to and use of the Mishmadesk platform, website, mobile applications, and services (collectively, the “Services”) operated by Mishmadesk, Inc. (“Mishmadesk”, “we”, “us”, or “our”). By accessing or using any part of the Services, you agree to be legally bound by these Terms. If you do not agree to these Terms, you may not access or use the Services.

1. Acceptance of Terms

By registering for, accessing, or using the Services, you agree that you:

Are at least 18 years of age (or the legal age in your jurisdiction); Have read and understood these Terms; Accept and agree to be bound by them; Will comply with all applicable laws and regulations.

If you are using the Services on behalf of a business or organization, you represent that you are authorized to accept these Terms on its behalf.

2. Description of the Services

Mishmadesk is an all-in-one CRM and marketing automation platform that provides small businesses with tools for:

Customer management Email and SMS marketing Funnels and forms Calendar scheduling Automation workflows Reporting and analytics Affiliate/referral management Integrations with third-party services

We may modify, suspend, or discontinue any part of the Services at any time, without notice.

3. User Accounts

To access certain features, you must create an account.

You agree to:

Provide accurate and complete information when registering; Maintain the confidentiality of your login credentials; Be solely responsible for all activity under your account; Notify us immediately if you suspect unauthorized access.

We reserve the right to suspend or terminate your account if we determine that you have violated these Terms or engaged in fraudulent or abusive behavior.

4. Subscriptions and Payments

Some features require a paid subscription. By subscribing:

You agree to pay all fees as specified at the time of purchase. Subscription fees are billed in advance on a monthly or annual basis. All payments are non-refundable except where required by law. Your subscription will automatically renew unless you cancel before the next billing cycle.

We may change our pricing and billing terms at any time with prior notice. Payment processing is handled by trusted third parties (e.g., Stripe, PayPal).

5. Acceptable Use

You agree not to:

Violate any laws or regulations; Use the Services for spam, phishing, or harmful content; Interfere with or disrupt the Services or servers; Reverse engineer, decompile, or disassemble any part of the platform; Use automated scripts or bots to access the platform; Use another user’s account without permission; Upload viruses or malicious code.

We may suspend or terminate your account if we believe your use violates these Terms or puts our systems, users, or business at risk.

6. Intellectual Property

All content and technology related to the Services, including but not limited to software, logos, text, graphics, and design, are the property of Mishmadesk or its licensors and are protected by copyright, trademark, and other intellectual property laws.

You may not:

Copy, modify, or distribute our content or code Use our name or logos without written permission Claim any ownership or derivative rights over our technology

You retain ownership of your own data and content uploaded to the platform.

7. User Content and Data

You are solely responsible for the data, content, and materials you upload, submit, or transmit through the Services.

You agree that:

You own or have permission to use the content you submit You grant us a license to use, process, and transmit your data as necessary to provide the Services We may use anonymized or aggregated data for analytics, service improvement, and research You are responsible for complying with applicable data privacy laws, including obtaining consent from your contacts

We will not sell your personal or business data.

8. Termination

We reserve the right to suspend or terminate your access to the Services, at our sole discretion, for any reason, including but not limited to:

Violation of these Terms Non-payment of fees Suspected fraudulent or abusive behavior

You may cancel your account at any time through your dashboard or by contacting us.

Upon termination:

Your right to access the Services will cease immediately We may delete your data in accordance with our data retention policies

9. Disclaimers

The Services are provided “as is” and “as available,” without warranties of any kind.

We disclaim all warranties, express or implied, including but not limited to:

Fitness for a particular purpose Merchantability Accuracy or reliability of data Uninterrupted or error-free access

We do not guarantee any specific results or business outcomes from using the Services.

10. Limitation of Liability

To the fullest extent permitted by law, Mishmadesk shall not be liable for any:

Indirect, incidental, special, or consequential damages Loss of data, revenue, profits, or goodwill Claims arising from your use of the Services or inability to use them

Our total liability to you for all claims will not exceed the amount you paid us in the 12 months prior to the claim.

11. Indemnification

You agree to indemnify, defend, and hold harmless Mishmadesk, its officers, directors, employees, and affiliates from and against any claims, liabilities, damages, losses, and expenses arising out of or related to:

Your use of the Services Violation of these Terms Violation of any third-party rights Any content or data you submit

12. Privacy

Your use of the Services is also governed by our Privacy Policy, which explains how we collect, use, and protect your data. By using our Services, you consent to the collection and use of your information as described in our Privacy Policy.

[Insert link to Privacy Policy]

13. Third-Party Services

Our platform may include links or integrations with third-party services. We are not responsible for the content, policies, or practices of those third parties. Your use of such services is at your own risk.

14. Changes to the Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you via email or through the platform. Continued use of the Services after changes become effective constitutes your acceptance of the revised Terms.

15. Governing Law and Jurisdiction

These Terms are governed by the laws of the State of GEORGIA, without regard to conflict of law principles. Any disputes shall be resolved exclusively in the state or federal courts located in HALL COUNTY.

16. Entire Agreement

These Terms, along with our Privacy Policy, constitute the entire agreement between you and Mishmadesk regarding your use of the Services and supersede all prior agreements or understandings.

17. Contact Us

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

Mishmadesk CRM

Email: [email protected]