Terms of service

2. Key definitions

• Customer data means all data, including personal data about prospective students, applicants and their families, that you or your users submit to the service, or that the service collects on your behalf.
• Users means your employees, contractors and other people you authorize to access the service under your account.
• Order form means the quote, proposal, order document or online sign-up that sets out your subscription term, any fees and any agreed services.
• Documentation means the user guides and help materials we make available for the service.

3. Accounts and users

You are responsible for your users and their compliance with these terms, for keeping sign-in credentials confidential, and for configuring roles and permissions appropriately. You should enable security features such as multi-factor authentication or single sign-on where available.

Please tell us promptly at security@higheredcrm.ai if you become aware of any unauthorized access to your account. We may suspend a user's access where reasonably necessary to protect the service or customer data, and will tell you promptly when we do.

4. Subscriptions, fees and payment

The service is provided for the term stated in your order form. Accounts under our free launch offer are also subject to the next section. Messages and calls are paid for separately: if you connect your own messaging, email or calling provider accounts, those providers bill you directly; if you use the built-in channels, usage is paid for with credits as shown in the service. Where fees apply, and unless the order form says otherwise:

• fees are invoiced in advance and payable within 30 days of the invoice date;
• fees are exclusive of taxes, which you are responsible for paying except for taxes on our income;
• paid subscriptions renew for successive periods of the same length unless either party gives notice of non-renewal at least 60 days before the end of the current term; and
• we will give you at least 60 days' notice of any fee change that applies from renewal.

If undisputed fees remain unpaid more than 30 days after written notice, we may suspend the service until they are paid.

5. Free launch offer

We offer the service free of charge to colleges, universities and other higher education institutions that request it through our website (the "free launch offer"). The following applies to accounts under the free launch offer:

• Eligibility: the offer is open to colleges, universities and other higher education institutions, with one account per institution. One institution includes all its campuses. We may verify that a sign-up meets these conditions and decline sign-ups that do not.
• Free period: the service, including all features and all your users, is free of charge for the first 12 months from the date we activate your account.
• Changes to the offer: we may end or modify the offer for new sign-ups at any time. This does not shorten the free period of accounts we have already activated.
• After the free period: we will share pricing for continuing to use the service well before your free period ends. You are not obliged to continue, and your account does not convert to a paid subscription automatically: it continues only if you agree to the pricing in writing. If you don't continue, your account closes at the end of the free period, and your lead records stay exportable to Excel or CSV for 30 days as described in the section on term, termination and data export.
• Credits: credits for the built-in channels, including free credits provided on sign-up, have no cash value, cannot be exchanged for cash and expire according to the credit terms shown in the service.
• Your own provider accounts: if you connect your own accounts with messaging, email or calling providers, those providers bill you directly and their terms govern your use of their services (see the section on third-party services).

6. What we provide

We will:

• provide the service in accordance with these terms, your order form and the documentation;
• provide onboarding, training and support as described in your order form;
• maintain appropriate technical and organizational measures to protect customer data, as described in our trust center and in the data processing agreement;
• use reasonable efforts to keep the service available, and give advance notice of planned maintenance where practical; and
• tell you promptly and honestly if an incident affects your data or your use of the service.

We may improve and update the service over time. We will not make changes that materially reduce the core functionality of the service during your subscription term.

7. Acceptable use

You agree that you and your users will not:

• use the service in breach of any applicable law, including data protection, privacy, anti-spam and electronic marketing laws;
• send messages to people who have not given any required consent, or fail to honor opt-out requests;
• upload content that is unlawful, harmful, discriminatory, infringing or deceptive, or that contains malicious code;
• attempt to gain unauthorized access to the service, other customers' data or our systems, or interfere with their operation;
• probe, scan or test the vulnerability of the service except under our responsible disclosure process or with our written permission;
• copy, resell, sublicense or make the service available to third parties other than your users;
• reverse engineer the service, except to the extent the law expressly permits; or
• use the service to build a competing product.

You are responsible for the lawfulness of the communications you send through the service, including messages sent over email, SMS and messaging platforms, and for complying with those platforms' own policies.

8. Customer data and data protection

You own your customer data. As between you and us, you retain all rights in customer data. You grant us a limited license to host, process and transmit customer data only as needed to provide, secure and support the service and as instructed by you.

For personal data within customer data, you are the controller and we are your processor. Our data processing agreement ("DPA") forms part of these terms and sets out our obligations, including processing only on your documented instructions, confidentiality, security, use of sub-processors, assistance with data-subject requests, breach notification, and deletion or return of data. A copy is available on request from privacy@higheredcrm.ai.

You are responsible for having a lawful basis to collect and use customer data, for providing appropriate privacy notices to applicants, and for obtaining any required consents, including from parents or guardians where applicable.

We will not use customer data to train artificial intelligence models for other customers or for general use without your explicit written permission. We may use aggregated, de-identified information about how the service is used (which does not identify you, your users or any individual) to operate and improve the service.

9. AI features

The service includes an AI Assistant, built on Anthropic's Claude. It answers questions about data in your account and can offer shortcuts that open a record or a form, such as a follow-up form; it does not change data or send messages itself, and your users complete any action. Lead scoring and chatbots in the service are rule-based and configured by you; they do not use AI.

The AI Assistant is provided to help your staff, and we may update it as we improve the service. Like any AI, its outputs can be incomplete or inaccurate, so your users should check answers that matter before relying on them. You remain responsible for decisions about applicants, and you should not rely on AI outputs as the sole basis for any admissions decision.

10. Intellectual property

We and our licensors own all rights in the service, the documentation and any improvements to them. Subject to these terms and payment of any applicable fees, we grant you a non-exclusive, non-transferable right for your users to use the service during the subscription term for your internal admissions and enrollment purposes. If you send us feedback or suggestions, we may use them without obligation to you.

11. Confidentiality

Each party may receive confidential information from the other, including business, technical and financial information and, in our case, customer data. The receiving party will use the other's confidential information only to perform its obligations or exercise its rights under these terms, will protect it with at least reasonable care, and will disclose it only to its personnel and advisers who need to know it and are bound by similar obligations.

These obligations do not apply to information that is or becomes public through no fault of the receiving party, was already lawfully known to it, is independently developed, or is lawfully received from a third party. A party may disclose confidential information where required by law, after giving the other party notice where legally permitted.

12. Third-party services

The service may connect to third-party products you choose to use, such as email providers, SMS gateways, messaging platforms such as the WhatsApp Business Platform, cloud telephony providers, your identity provider, and other systems you connect through our API. Your use of those products is governed by your agreements with their providers. We are not responsible for third-party products, and changes to them may affect how integrations work. We will make reasonable efforts to maintain integrations and to tell you about changes that affect you.

13. Warranties and disclaimers

We warrant that the service will perform materially in accordance with the documentation during your subscription term. If it does not, and you tell us, we will use reasonable efforts to correct the issue. If we cannot do so within a reasonable time, either party may terminate the affected subscription and we will refund any prepaid fees for the remainder of the term. This is your exclusive remedy for breach of this warranty.

Each party warrants that it has the authority to enter into these terms. You warrant that you have all rights and consents needed for us to process customer data as described in these terms.

Except as expressly stated in these terms, and to the maximum extent permitted by law, the service is provided "as is" and we disclaim all other warranties, whether express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement. We do not guarantee any particular admissions or enrollment outcome.

14. Limitation of liability

To the maximum extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential or punitive damages, or for loss of profits, revenue, goodwill or anticipated savings, however caused, even if advised of the possibility of such damages.

To the maximum extent permitted by law, each party's total aggregate liability arising out of or relating to these terms will not exceed the greater of (a) the fees paid and payable by you for the service in the twelve months before the event giving rise to the claim and (b) 100 US dollars (USD 100).

Nothing in these terms limits liability that cannot be limited under applicable law, including liability for death or personal injury caused by negligence, or for fraud. These limitations do not apply to your obligation to pay fees.

15. Indemnities

We will defend you against third-party claims alleging that the service, as provided by us, infringes that third party's intellectual property rights, and pay resulting damages finally awarded or agreed in settlement. You will defend us against third-party claims arising from customer data or from your use of the service in breach of these terms or applicable law, and pay resulting damages finally awarded or agreed in settlement. The indemnified party must promptly notify the other of the claim, allow it to control the defense, and provide reasonable cooperation.

16. Term, termination and data export

These terms apply for as long as you have an active subscription, including an account under the free launch offer. Either party may terminate the subscription by written notice if the other party materially breaches these terms and does not remedy the breach within 30 days of receiving notice, or if the other party becomes insolvent or ceases to trade.

Data export. You can export your lead records to Excel or CSV at any time during your subscription using the export features of the service, at no extra cost. For 30 days after termination or expiry, your lead records stay exportable to Excel or CSV. After that period, we will delete customer data from the service in accordance with the DPA, except where the law requires us to retain it, and confirm deletion on request.

If you terminate because of our uncured material breach, we will refund any prepaid fees for the remainder of the term. Sections that by their nature should survive termination, including those on fees owed, customer data, confidentiality, disclaimers, limitation of liability and governing law, will survive.

17. Use of our website

Content on our website, including articles in our resource center, is provided for general information only and does not constitute legal, regulatory or professional advice. You may share links to our content and quote short extracts with attribution. Please do not copy or republish substantial parts of our website without permission.

18. Changes to these terms

We may update these terms from time to time, for example to reflect changes to the service or the law. We will post the updated terms on this page and change the "Last updated" date. If a change materially affects customers, we will give at least 30 days' notice by email or in the service before it takes effect. Changes will not apply to a current subscription term without your agreement unless required by law.

19. General

• Governing law and jurisdiction: the governing law and the courts that have jurisdiction over any dispute are those stated in your order form or master agreement.
• Assignment: neither party may assign these terms without the other's consent, except to a successor in a merger, acquisition or sale of substantially all of its assets, with notice.
• Force majeure: neither party is liable for delays caused by events beyond its reasonable control, other than payment obligations.
• Notices: legal notices must be in writing and sent to the addresses in the order form or, for notices to us, by email to hello@higheredcrm.ai.
• Entire agreement: these terms, the DPA and your order form are the entire agreement between the parties about the service.
• Severability and waiver: if any provision is found unenforceable, the rest remain in effect. Failing to enforce a provision is not a waiver of it.
• Independent parties: the parties are independent contractors, and nothing in these terms creates a partnership, agency or employment relationship.

20. Contact us

Questions about these terms can be sent to hello@higheredcrm.ai. For privacy questions, see our privacy policy.