Terms & Conditions

1. Agreement to these terms

These Terms and Conditions ("Terms") are a binding agreement between you and Blue Shore Marketing LLC, doing business as Sales Nest ("Sales Nest", "we", "us", or "our"), governing your access to and use of the Sales Nest platform, websites, applications, APIs, and related services (together, the "Service").

By creating an account, clicking to accept, starting a free trial, or using the Service, you agree to these Terms. If you do not agree, do not use the Service. If you are accepting on behalf of a company or other entity, you represent that you have authority to bind that entity, and "you" refers to that entity.

You must be at least 18 years old and capable of forming a binding contract to use the Service.

2. The Service and your account

Sales Nest provides a hosted customer relationship management and marketing automation platform. We grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Service during your subscription term, solely for your internal business purposes and subject to these Terms.

You are responsible for the accuracy of your registration information, for keeping your credentials confidential, and for all activity under your account, whether or not authorized by you. Notify us immediately at [email protected] if you suspect unauthorized access.

You are responsible for the acts and omissions of every user you invite into your account, and for ensuring they comply with these Terms.

3. Free trial

We may offer a free trial for a stated period. Unless you cancel before the trial ends, your subscription automatically converts to a paid subscription and the payment method on file is charged the then-current fee.

Trials are offered at our discretion, are limited to one per business, and may be modified or withdrawn at any time. We may require a valid payment method to begin a trial. Data and configuration created during a trial may be permanently deleted if you do not convert to a paid plan.

4. Fees, billing, and renewal

Subscription fees are billed in advance on a recurring basis according to the plan you select. By providing a payment method you authorize us and our payment processors to charge that method for all fees when due, including on each renewal, without further notice.

Subscriptions renew automatically for successive periods equal to the prior term unless cancelled before the renewal date. It is your responsibility to cancel before renewal if you do not wish to be charged.

Fees exclude taxes. You are responsible for all sales, use, VAT, and similar taxes, excluding taxes on our net income. If a payment fails we may retry the charge, suspend the Service, and recover reasonable collection costs. Amounts unpaid for more than 10 days may accrue interest at 1.5% per month or the maximum permitted by law, whichever is lower.

We may change pricing. Changes apply from your next renewal and we will give at least 30 days notice. Continuing to use the Service after a price change takes effect constitutes acceptance.

5. Usage-based charges

Certain features carry usage costs separate from your subscription fee, including telephone minutes, SMS and MMS segments, carrier and campaign registration fees, email sends, verification lookups, and AI or automation credits.

Usage charges are billed as incurred or deducted from a prepaid balance. Rates are set by upstream providers and may change without notice. You are responsible for monitoring your own usage.

6. Cancellation and refunds

You may cancel at any time from your account settings. Cancellation takes effect at the end of the current billing period and you retain access until then.

Except where required by law, all fees are non-refundable. We do not provide refunds or credits for partial periods, unused time, downgrades, or periods in which you did not use the Service.

7. Acceptable use

You agree not to, and not to permit any user to: use the Service in violation of any law; send unsolicited, deceptive, or unlawful communications; upload or transmit malware or attempt to gain unauthorized access to the Service or its underlying systems; probe, scan, or test the vulnerability of the Service; reverse engineer, decompile, or attempt to derive source code; resell, sublicense, or provide the Service to third parties except as expressly permitted; use the Service to build a competing product; scrape or harvest data by automated means; or store or transmit content that is defamatory, infringing, obscene, or otherwise objectionable.

You may not use the Service for regulated data unless you have a separate written agreement with us permitting it. This includes protected health information subject to HIPAA, cardholder data outside our payment processor flows, government-classified information, and information subject to the Gramm-Leach-Bliley Act or similar regimes.

We may investigate suspected violations and may remove content or suspend accounts we reasonably believe violate this section, with or without notice.

8. Messaging, calling, and compliance

The Service enables you to send email, SMS, and voice communications. You alone are the sender of those communications and you alone are responsible for their content, timing, and legality.

You represent and warrant that for every recipient you contact through the Service you have obtained and can document all consents required by applicable law, including the Telephone Consumer Protection Act, the CAN-SPAM Act, state telemarketing and calling-time laws, wireless carrier requirements including A2P 10DLC registration, and where relevant CASL and the GDPR. You will honor opt-out and unsubscribe requests promptly, maintain your own do-not-contact records, and will not contact numbers on any applicable do-not-call registry without a valid exemption.

You acknowledge that carrier and provider rules may cause message filtering, number blocking, or campaign rejection outside our control, and that we are not liable for undelivered messages.

Violation of this section is a material breach. You will indemnify us in full for any claim, fine, penalty, or settlement arising from communications you send through the Service.

9. Your data

"Customer Data" means all data, content, and information you or your users submit to or generate in the Service, including contact records, messages, and files. As between you and us, you own Customer Data.

You grant us a worldwide, non-exclusive license to host, copy, transmit, display, and process Customer Data solely as needed to provide, secure, support, and improve the Service, and as permitted by our Privacy Policy.

You represent and warrant that you have all rights and consents necessary to provide Customer Data to us and to have it processed as contemplated by these Terms, and that Customer Data does not infringe or violate the rights of any third party.

We may create and use aggregated, de-identified data derived from use of the Service for analytics, benchmarking, and product improvement. Such data will not identify you, your users, or your contacts.

10. Third-party services

The Service integrates with third-party products such as payment processors, telecommunications providers, email infrastructure, calendar systems, and advertising platforms. Your use of those services is governed by their own terms and privacy policies.

We do not control and are not responsible for third-party services, including their availability, accuracy, security, or any changes they make. A third-party service becoming unavailable or changing its terms does not entitle you to a refund.

11. Intellectual property

The Service, including all software, designs, text, graphics, templates, workflows, documentation, and trademarks, is owned by us or our licensors and is protected by intellectual property laws. Except for the limited access rights granted here, no rights are transferred to you.

You may not remove or obscure any proprietary notice. "Sales Nest", our logo, and related marks are our trademarks and may not be used without our prior written consent.

If you provide feedback, suggestions, or ideas about the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use and commercialize them without obligation or compensation to you.

12. Confidentiality

Each party may receive information of the other that is marked confidential or that a reasonable person would understand to be confidential. Each party will protect the other party confidential information with at least reasonable care, will use it only to perform under these Terms, and will not disclose it except to personnel and advisors with a need to know who are bound by comparable obligations.

These obligations do not apply to information that is public through no fault of the receiving party, was known without restriction before disclosure, is independently developed, or is rightfully received from a third party. A party may disclose if legally compelled, provided it gives reasonable advance notice where lawful.

13. Availability, support, and changes

We aim to keep the Service available but we do not guarantee uninterrupted access. The Service may be unavailable due to scheduled maintenance, emergency maintenance, third-party outages, or factors beyond our control.

Support is provided through the channels described on our website during our normal business hours. We may modify, add, or remove features at any time. If we materially reduce core functionality of a paid plan we will give reasonable notice.

Unless a separate written service level agreement is signed by us, no uptime commitment, credit, or remedy applies.

14. Suspension and termination

We may suspend or terminate your access immediately, with or without notice, if you breach these Terms, if your use creates a security, legal, or reputational risk, if amounts are past due, or if required by law or by an upstream provider.

You may terminate at any time by cancelling your subscription. On termination your right to use the Service ends immediately. We may delete Customer Data after a reasonable period, and you are responsible for exporting your data before termination. Provisions that by their nature should survive, including fees owed, intellectual property, disclaimers, limitation of liability, indemnification, and dispute resolution, survive termination.

15. Disclaimer of warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR PRODUCE ANY PARTICULAR BUSINESS RESULT. ANY REVENUE, CONVERSION, OR PERFORMANCE FIGURES SHOWN ON OUR WEBSITE OR IN MARKETING MATERIALS ARE ILLUSTRATIVE AND ARE NOT A GUARANTEE OF RESULTS.

WE PROVIDE NO LEGAL, TAX, OR COMPLIANCE ADVICE. TEMPLATES AND SUGGESTED MESSAGE COPY ARE STARTING POINTS, NOT LEGAL PRODUCTS, AND YOU ARE RESPONSIBLE FOR THEIR COMPLIANCE.

16. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY IS LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, LOST GOODWILL, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY.

OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE AMOUNTS YOU ACTUALLY PAID US FOR THE SERVICE IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

These limitations apply to all claims and theories of liability, whether contract, tort, strict liability, or otherwise, and apply even if a limited remedy fails of its essential purpose. Some jurisdictions do not allow certain exclusions, so parts of this section may not apply to you.

17. Indemnification

You will defend, indemnify, and hold harmless Sales Nest, its owners, officers, employees, contractors, and agents from and against any claim, demand, investigation, loss, liability, damage, fine, penalty, or expense, including reasonable attorney fees, arising out of or related to: your use of the Service; Customer Data; communications you send through the Service, including any claim under the Telephone Consumer Protection Act, CAN-SPAM, or state telemarketing law; your violation of these Terms or of any law; or your violation of the rights of any third party.

We will notify you of any such claim and you will control the defense and settlement, provided that you may not settle in a way that imposes obligations on us without our written consent.

18. Dispute resolution and arbitration

Please read this section carefully. It affects your legal rights.

The parties will first attempt to resolve any dispute informally by contacting each other in writing and negotiating in good faith for 30 days.

If the dispute is not resolved it will be settled by final and binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. Arbitration will take place in Pinellas County, Florida, or by videoconference. The arbitrator has authority to decide arbitrability and to award any relief available in court, but may not award relief beyond the individual claimant.

YOU AND SALES NEST AGREE TO BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS. IF THIS WAIVER IS FOUND UNENFORCEABLE, THE ENTIRE ARBITRATION AGREEMENT IS VOID AND THE PARTIES WAIVE TRIAL BY JURY.

Either party may bring an individual claim in small claims court, or seek injunctive relief in court to protect intellectual property or confidential information. Any claim must be brought within one year after it arises or it is permanently barred.

19. Governing law

These Terms are governed by the laws of the State of Florida, without regard to conflict of law rules. Subject to the arbitration section, the state and federal courts located in Pinellas County, Florida have exclusive jurisdiction, and both parties consent to personal jurisdiction and venue there.

20. General

Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control, including outages, natural disasters, labor disputes, war, or acts of government.

Assignment. You may not assign these Terms without our written consent. We may assign freely, including in connection with a merger, acquisition, or sale of assets.

Independent contractors. Nothing here creates a partnership, joint venture, employment, or agency relationship.

Severability and waiver. If any provision is held unenforceable it will be limited to the minimum extent necessary and the remaining provisions stay in force. A failure to enforce any provision is not a waiver of it.

Entire agreement. These Terms, together with the Privacy Policy and any order form or written agreement signed by us, are the entire agreement between the parties and supersede all prior discussions. Any purchase order or vendor terms you issue are void.

Notices. We may send notices by email to the address on your account or by posting in the Service. Notices to us must be sent to [email protected] and to Blue Shore Marketing LLC, 7901 4th St N #32726, St. Petersburg, FL 33702.

Changes. We may update these Terms. If changes are material we will give notice by email or in the Service. Continued use after the effective date constitutes acceptance.