Terms of Service

This Terms of Service Agreement (“Agreement”) is a legal contract between you (“User” or “Licensee”) and Abe Designs (“Provider”), governing the use of the Absolute CRM software platform and any hosted services.

1. The Value-Based Licensing Model

Absolute CRM is marketed as a high-value, fixed-cost alternative to “Per-User” SaaS models. The User acknowledges that this platform allows for unlimited internal user growth without escalating licensing fees. To maintain this low-overhead model, support and hosting are governed by specific service boundaries outlined in Section 4.

2. License Grant & Restrictions

2.1 Grant: Provider grants User a non-exclusive, non-transferable lifetime license to use the Absolute CRM v1.x core software for internal business operations.

2.2 Restrictions: User shall not: (a) Resell, lease, or sub-license the Software; (b) Reverse engineer or attempt to extract the source code; (c) Use the Software to build a competing CRM product; (d) Use the Software for any illegal bulk-messaging or “spamming” activities.

3. Intellectual Property

All rights, title, and interest in and to the Software—including code, design patterns, and proprietary logic—remain the exclusive property of Abe Designs. This license does not constitute a sale of the Software’s underlying source code.

4. Support, Warranty & Maintenance

4.1 Initial 90-Day Warranty

Provider warrants that the Software will function in substantial accordance with its documentation for a period of ninety (90) days from activation (“Warranty Period”). Standard technical support during this window is included in the purchase price.

4.2 Post-Warranty Support ($100 Incident Fee)

After the Warranty Period, technical support is billed at $100.00 per discrete incident (up to 30 minutes of technician time). This fee applies to all self-hosted users and covers troubleshooting, configuration help, and user error correction.

4.3 Professional Services ($150/hr)

Any custom development, design modifications, or database structural changes are billed at $150.00 per hour, with a one-hour minimum. Estimates will be provided prior to the commencement of work.

5. Hosting & Data Integrity

5.1 Storage Limits: Managed Hosting includes 10GB of storage. Overages are billed at $5.00 per 10GB increment per month.

5.2 Data Ownership: User retains 100% ownership of entered data. Upon termination, Provider will provide one SQL data export at no charge. Subsequent exports are subject to the Incident Fee.

6. Acceptable Use & Third-Party Fees

User is solely responsible for any third-party fees incurred through software integrations (e.g., Twilio, SMTP providers, OpenAI). Failure to pay third-party fees resulting in service interruption is not the responsibility of the Provider.

7. Termination of Service

Provider reserves the right to terminate Managed Hosting services with 30 days’ notice for non-payment. For Self-Hosted users, the license remains valid so long as the User complies with the Restrictions in Section 2.2.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PROVIDER SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, OR SPECIAL DAMAGES, OR ANY LOSS OF DATA OR PROFITS. PROVIDER’S TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE TOTAL FEES PAID BY THE USER IN THE SIX (6) MONTHS PRECEDING THE CLAIM.

9. Force Majeure

Provider is not liable for service interruptions caused by circumstances beyond its reasonable control, including but not limited to: acts of God, hardware failure at the data center level, or widespread internet outages.

10. Governing Law & Dispute Resolution

This Agreement is governed by the laws of the State of Tennessee. Any legal action arising from this Agreement shall be filed exclusively in the courts of McMinn County, TN.