Terms of Service
1. Who these terms are between
These terms govern use of the JCS CRM platform ("the Service") operated by Jorissen Consultation Services, LLC ("JCS", "we"). They apply to the organisation that creates a workspace ("Customer", "you") and to everyone the Customer invites into it.
Where a Customer has signed a separate written agreement with JCS, that agreement governs and these terms fill any gaps.
2. Accounts and workspaces
- A workspace is created by an owner, who may invite additional members and assign roles.
- You are responsible for the actions of everyone you invite, and for keeping access credentials secure.
- Sign-in is through Google Workspace. Losing access to that Google account may mean losing access to the workspace.
- You must be able to form a binding contract, and must not be barred from receiving the Service under applicable law.
3. Subscriptions, billing, and seats
- Paid plans are billed in advance, monthly or annually, through Stripe. Card details are handled by Stripe and never reach our servers.
- Seats are counted, not declared. The number billed is the number of active members in the workspace. Adding or removing members adjusts the subscription, with prorated amounts applied to the next invoice.
- Prices in effect when you subscribe continue for that subscription. Changing price means a new subscription; existing ones keep what they were sold at.
- Trials, where offered, convert to a paid plan only if you choose one. Nothing is charged automatically at the end of a trial.
4. Failed payments and suspension
If a payment fails, the workspace becomes read-only: you keep full access to your data but cannot make changes. We will notify the workspace owner and administrators.
If the balance is not resolved within 14 days, access is suspended. Suspension does not delete your data. Updating your payment method restores access.
[DECISION] How long suspended data is retained before deletion, and whether any notice precedes deletion, needs to be set. See §7.
5. Cancellation
- You may cancel at any time through the billing portal. Cancellation takes effect at the end of the current billing period, and the Service remains available until then.
- [DECISION] Whether partial periods are refunded. The current implementation does not refund automatically.
- We may terminate for material breach of these terms, or for non-payment after the process in §4.
6. Your data
- Your data is yours. We claim no ownership of the content you put into the Service.
- We process it to operate and support the Service, and as described in our Privacy Notice.
- You are responsible for having the right to put that data into the Service, including any consent or notice your own customers are owed.
- [DECISION] Whether a Data Processing Addendum is offered as standard. Any customer with EU or UK data subjects will ask for one.
7. Export and deletion
You may export your workspace data while your subscription is active.
[DECISION] The retention window after cancellation or suspension, the export format and mechanism, and whether export remains available during suspension. These are commitments a customer will ask about in procurement, so they are better decided than discovered.
8. Acceptable use
Do not use the Service to break the law, infringe others' rights, send unsolicited bulk messages, upload malicious code, attempt to gain unauthorised access, or interfere with other customers' use of the platform.
We may suspend access where continued use presents a security, legal, or operational risk to the platform or its customers, and will tell you why where we lawfully can.
9. Availability and support
We aim to keep the Service available and to fix problems promptly, but the Service is provided without a formal uptime commitment unless one is agreed in writing.
[DECISION] Whether an SLA, support hours, or response targets are offered, and at which plan levels.
10. Third-party services
The Service depends on providers including Google Cloud and Google Workspace (hosting, authentication), Stripe (payments), and Postmark (transactional email). Their availability affects ours, and their terms govern their own services.
11. Changes to the Service and to these terms
We may change the Service as it develops. Where a change materially reduces functionality you rely on, or materially changes these terms, we will give reasonable notice to the workspace owner.
[DECISION] Notice period, and whether material changes give a right to terminate and receive a pro-rata refund.
12. Warranties and liability
[DECISION — do not adopt as written] Disclaimer of implied warranties, limitation and cap on liability, and exclusion of indirect and consequential damages are the clauses most likely to be unenforceable if drafted carelessly, and vary by jurisdiction. These have deliberately not been drafted here. Inventing them would give false comfort, which is worse than their absence.
13. Governing law and disputes
[DECISION] Governing law and venue — Florida is the obvious starting point given JCS's location — and whether disputes go to arbitration, and whether class actions are waived. Arbitration and class-waiver clauses in particular are enforceable only if drafted and presented correctly.
14. Contact
Jorissen Consultation Services, LLC · Bonita Springs, FL 34135
ljorissen@jorissenconsult.com
docs/legal-review-checklist.md in the repository.