Legacy Fusion | Terms of Service

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. ONCE ACCEPTED, THESE TERMS OF SERVICE, TOGETHER WITH OUR PRIVACY POLICY, DATA PROCESSING AGREEMENT, AFFILIATE AGREEMENT, ACCEPTABLE USE POLICY, MESSAGING POLICY, AND THE SERVICE LEVEL AGREEMENT IN APPENDIX A (COLLECTIVELY, THE "TERMS"), BECOME A BINDING LEGAL COMMITMENT BETWEEN YOU (OR THE BUSINESS ENTITY THAT YOU REPRESENT) AND Legacy Fusion Agency AND ITS RESPECTIVE OFFICERS, DIRECTORS, SUCCESSORS, AND ASSIGNS ("Legacy Fusion Agency," "WE," or "US"). THESE TERMS GOVERN YOUR ACCESS TO AND USE OF THE PLATFORM AND ALL RELATED INTERACTIONS.

By accepting these Terms, creating an account, or using the Platform, you acknowledge that you: (i) have read and understood these Terms; (ii) agree to be legally bound by them; (iii) understand that your account will be charged a recurring monthly service fee after the initial sign-up; (iv) understand that payments are non-refundable unless cancellation is made at least five (5) days before the start of a new billing cycle; and (v) grant permission to record communications (including video calls, phone calls, or texts) with Legacy Fusion Agency for training, tutorial, or marketing purposes as described in Section 3. If you do not agree to these Terms, do not use the Platform.

We may update these Terms at any time. Updates are effective upon posting. Your continued use of the Platform constitutes acceptance of any updates.

1. Accessing the Site and Account Security

1.1 Age Restrictions

You must be at least 18 years old to use the Platform. If a parent or legal guardian permits a person 13 to 17 years old (a "Minor") to use the Platform, the parent or guardian agrees to supervise the Minor, accept all risks and liabilities, ensure suitability of content, ensure accuracy of information provided, and grant all consents and representations in these Terms on the Minor's behalf.

1.2 Platform Account Ownership

You must provide complete, current, and accurate information when registering. The Platform is intended for business use. The individual accepting these Terms is the account owner unless acting for a business entity, in which case the entity is the owner. If you accept on behalf of an entity, you represent and warrant that you have authority to bind that entity.

1.3 Intended Use and Responsibilities

You and your customers may use the Platform only for lawful purposes. You represent and warrant that: (a) you will maintain all required licenses and consents; (b) you are responsible for your actions and those of your employees, agents, and customers; (c) you are responsible for customers' use of the Platform; (d) you will not misrepresent the Platform or Services; (e) you will provide these Terms to employees, agents, and customers and ensure they understand that use is subject to these Terms; (f) you own or control all rights in content you provide, including any custom code; (g) you are solely responsible for the quality and integrity of data you make available to us through the Platform; and (h) you and your users will reasonably cooperate with lawful requests from law enforcement, regulators, or telecommunications providers.

1.4 Privacy

By using the Platform and providing information, you consent to Legacy Fusion Agency's use and disclosure of information under our Privacy Policy. You are responsible for your own privacy policy with your customers and for obtaining the necessary notices and consents to provide customer data to us for use under these Terms and our Privacy Policy.

1.5 Login Credentials

You are responsible for maintaining the confidentiality of your credentials and for all activity in your account. Notify us immediately of any unauthorized use. We may disable credentials if you violate these Terms. Accounts are non-transferable. You must take reasonable steps to prevent unauthorized access.

1.6 Use of Communication Services

The Platform may include SMS, MMS, email, voice, and similar tools. You are exclusively responsible for all communications and for compliance with applicable laws, including the TCPA and CAN-SPAM. Legacy Fusion Agency is a technology platform provider and does not originate, send, or deliver communications. All communications are created and initiated by you and your customers, whether manual or automated at your direction.

1.7 Third-Party Services

The Platform may integrate with third-party providers such as LeadConnector, Twilio or equivalent carriers, SendGrid or equivalent email delivery, app-store plug-ins, AI models, payment processors, and cloud providers ("Third-Party Services"). We do not own or control these services and make no warranties regarding their availability, performance, or continued integration. We disclaim liability for delays, errors, data loss, or interruptions caused by Third-Party Services. Your sole remedy for such interruptions is to stop using the affected functionality until normal operation resumes.

1.8 Third-Party Content

The Platform may display third-party content. We do not endorse or control third-party content and assume no responsibility for it. Your engagement with such content is at your discretion.

1.9 Platform Updates and Changes

We may modify the Platform at any time, including changes that affect prior behavior. Your purchase and use are not contingent on any future functionality or the continuation of any specific Service or third-party integration.

1.10 International Use and Export

The Platform is intended for use in the United States. You are responsible for compliance with local laws if you access it elsewhere. Use by embargoed or sanctioned persons or entities is prohibited.

2. Billing and Payment Terms

2.1 Billing Cycle and Payments

By registering, you agree to recurring monthly charges. The first payment is due at sign-up. Subsequent monthly charges occur on the same calendar day each month (the "Billing Cycle"). You must keep payment information current and accurate.

2.2 Auto-Renewal and Cancellation; Non-Refundability

Plans renew monthly until cancelled. You can cancel in-app or by written request to [email protected]. Cancellations take effect at the end of the current term. To avoid charges for the next Billing Cycle, cancel at least five (5) days before renewal. Refunds are not issued for partial terms.

2.3 Failed Payments and Suspension

If a charge is declined, we may suspend or limit access until payment is processed. Continued non-payment may result in termination.

2.4 Pricing Changes and New Fees

We may change subscription pricing or introduce new fees on reasonable notice (30 days before renewal). Changes apply at your next renewal unless otherwise stated.

2.5 Taxes

Fees are exclusive of taxes. You are responsible for sales, use, VAT, GST, and similar taxes.

2.6 Pass-Through Telecom/Email Fees; Overages

Carrier registration, messaging, termination, and compliance fees are pass-through and may change at any time. Messaging, storage, seat limits, API calls, and similar usage may incur overage charges billed monthly in arrears.

2.7 Chargebacks and Collections

If you initiate a chargeback, we may suspend the account and assess a reasonable administrative fee. You are responsible for collection costs, including reasonable attorneys' fees.

2.8 Trials and Promotions

Any free or promotional period will convert to a paid plan at the end of the period unless you cancel in time. Non-refundable rules still apply.

2.9 Annual Plan Commitment & Discount

By selecting the Legacy Fusion Annual Plan, you agree to a one-year, non-cancelable subscription term, paid upfront at a discounted rate. This discounted pricing is offered exclusively in exchange for a full 12-month commitment. Because the discount reflects a reduced annual rate, all fees paid for the Annual Plan are final and non-refundable, including but not limited to early cancellation, changes in business needs, or failure to use the platform. The Annual Plan will remain active for the full one-year term from the date of purchase. At the end of the term, the subscription will automatically renew for another year at the then-current rate unless canceled prior to the renewal date.

3. Recording and Media Release

3.1 Consent to Record

You consent to Legacy Fusion Agency recording and storing communications, including calls, video sessions, or texts, for quality, training, tutorial, security, or compliance. Where law requires, you will notify your end users and obtain consent to recordings.

3.2 Use of Recordings

We may use recordings internally for training and externally for tutorials or marketing by Legacy Fusion Agency, subject to our Privacy Policy. You may opt out of public marketing use by written request; internal training use may continue.

4. Force Majeure

Neither party is liable for failure or delay due to causes beyond reasonable control, excluding payment obligations. The affected party will provide notice and is excused for the duration of the event.

5. Service Level Agreement; Availability; Credits

Our SLA applies to paid plans and is incorporated as Appendix A. Credits are your exclusive remedy for covered availability issues. Beta and AI features are excluded from uptime commitments.

6. Acceptable Use Policy

The AUP in Appendix B is incorporated. Violations may result in throttling, suspension, or termination.

7. Messaging Policy; A2P 10DLC

The Messaging Policy in Appendix C is incorporated. You must maintain brand and campaign registration, auditable opt-in, and compliant opt-out. We may throttle, suspend, or terminate messaging that risks carrier blocks or legal exposure. We do not guarantee deliverability. Customer will defend and indemnify Legacy Fusion Agency for claims or fines arising from Customer messages, content, or registrations.

8. Data Protection; DPA; International Transfers

You own your Customer Data. We process Customer Data as your processor/service provider under the DPA. Do not upload PHI unless you have a signed BAA with us. We may aggregate and de-identify data to improve the Services.

9. Security

We use commercially reasonable safeguards, including encryption in transit and at rest, role-based access, MFA availability, logging, and regular vulnerability management. You are responsible for endpoint security, access hygiene, and safeguarding credentials. Security incident notice target within 72 hours of confirmation.

10. Subprocessors

We may use vetted subprocessors. A current list is available in Appendix E. We will provide reasonable notice of material changes where required by law.

11. Intellectual Property; Feedback

We and our licensors own the Platform and all related IP. You receive a non-exclusive, non-transferable subscription right during your term. You grant us a license to use feedback for any purpose without restriction.

12. AI and Automation Features

AI outputs may be incorrect or incomplete. You must review and verify outputs before using them in legal, medical, financial, or other sensitive decisions. No Customer Data is used to train third-party foundation models unless separately agreed.

13. Beta or Preview Features

Beta or preview features are provided 'as is,' may change or be withdrawn at any time, and are excluded from SLA guarantees and support targets.

14. Term; Suspension; Termination

These Terms begin when you accept them and continue until terminated. We may suspend or terminate for material breach, security risk, fraud, or unlawful content. Month-to-month plans may be terminated for convenience by either party with thirty (30) days notice.

15. Data Portability and Deletion

For thirty (30) days after termination, you may export Customer Data using available tools. After that, we will delete Customer Data from active systems and schedule deletion from backups per our retention schedule, unless required by law to retain it.

16. Warranties and Disclaimers

We warrant that we have the right to provide the Services and will use commercially reasonable efforts to secure them. Except for the limited warranty above, the Services are provided 'as is' and 'as available,' with no other warranties, including implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement.

17. Indemnification

We will defend and indemnify you from third-party claims alleging that our unmodified Platform infringes IP rights, or arising from our failure to meet our data security obligations. You will defend and indemnify us from third-party claims arising from your content, unlawful communications, A2P or spam violations, or misuse of integrations.

18. Limitation of Liability

Except for unpaid fees, breach of confidentiality, Customer's AUP or Messaging violations, or a party's gross negligence or willful misconduct, neither party is liable for indirect or consequential damages. Each party's aggregate liability under these Terms is capped at the amounts paid by you to Legacy Fusion Agency during the twelve (12) months before the event giving rise to the claim.

19. Dispute Resolution; Venue; Class Action Waiver

The parties will first attempt in good faith to resolve disputes for 30 days. Unresolved disputes will be resolved by binding arbitration administered by JAMS in Mecklenburg County, North Carolina, with one arbitrator. The Federal Arbitration Act governs. No class or representative proceedings. Either party may seek injunctive relief in NC courts to protect IP or confidential information.

20. Confidentiality

Both parties will protect the other's non-public information using reasonable safeguards and use it only to perform under these Terms. Exclusions include information that is public, independently developed, or lawfully obtained from a third party without duty of confidentiality.

21. Publicity

Unless you opt out in writing, you permit Legacy Fusion Agency to use your name and logo for customer lists and case studies.

22. Order of Precedence; No Reliance; Survival

Order of Precedence: If there is a conflict, the applicable Order Form controls, then the Service Level Agreement, then these Terms, then the Data Processing Agreement, then the Acceptable Use Policy and Messaging Policy.

No Reliance: You acknowledge you are not relying on representations outside these written Terms.

Survival: Sections on fees, confidentiality, IP, indemnities, limitations of liability, dispute resolution, data portability, and accrued rights survive termination.

23. Assignment; Government Use; General

Either party may assign these Terms in connection with a merger, acquisition, or sale of substantially all assets with notice. These Terms are governed by the laws of the State of North Carolina, without regard to conflicts of law. Notices must be sent to [email protected].

Appendix A — Service Level Agreement (SLA)

A1 Scope

This SLA applies to paid production instances of the Core CRM web app and API. It excludes beta features, mobile push services, app-store plugins, AI features, carrier messaging, email delivery, and other Third-Party Services.

A2 Availability Targets

Monthly Uptime Percentage target: 99.9%. Scheduled maintenance window: weekly as needed with 72 hours notice. Emergency fixes may occur with commercially reasonable notice. Monitoring: 24×7 monitoring with public status updates for Sev 1 and Sev 2 incidents.

A3 SLA Measurement

Monthly Uptime Percentage is measured by Legacy Fusion Agency production monitoring from at least two geographically separate regions. "Downtime" excludes: scheduled maintenance noticed 72 hours in advance, customer network or device failures, configuration errors, force majeure, Third-Party Services, AUP or Messaging Policy violations, beta or AI features.

A4 Support Hours and Response Targets

Standard support: Mon–Fri, 9 a.m.–6 p.m. Eastern (U.S. holidays excluded). Sev 1 monitored 24×7.

Sev 1 – Full outage, widespread data loss — First response 1 hour; updates every 60 minutes; work continuously until mitigated.
Sev 2 – Major feature degraded with workaround — First response 2 hours; updates every 2 hours; work target 1 business day.
Sev 3 – Partial impact or performance issue — First response 4 business hours; updates daily; work target 5 business days.
Sev 4 – Questions or minor bugs — First response 1 business day; updates every 3 business days; target next scheduled release.

A5 Backups and Recovery

Nightly encrypted backups, 30-day retention, quarterly restore tests. RPO 4 hours. RTO 12 hours for core data.

A6 Service Credits

If Monthly Uptime Percentage falls below target for a covered Service, you may request a credit within 30 days of the incident.

99.0–99.89% = 10% credit
98.0–98.99% = 25% credit
Below 98.0% = 50% credit

Credits apply only to affected product fees, exclude pass-through telecom and overages, are not refunds, and cap at the monthly subscription fee. Credits are your sole remedy for availability issues.

A7 Exclusions

No credits for issues caused by: Third-Party Services, carriers, email providers, cloud vendors, app-store plugins; customer networks, devices, or configuration errors; AUP or Messaging Policy violations; force majeure; beta/preview and AI features.

Appendix B — Acceptable Use Policy (AUP)

You agree not to:

(1) use the Services for unlawful, harmful, fraudulent, deceptive, harassing, defamatory, or infringing content;
(2) send unsolicited communications without lawful consent or in violation of the Messaging Policy;
(3) interfere with or disrupt the Platform, probe or scan networks, or attempt to bypass security;
(4) upload malware or content that harms systems or data;
(5) misrepresent sender identity, spoof caller ID, or mask origin in violation of law;
(6) collect or process special-category data without proper consents and safeguards;
(7) use the Services to provide emergency services or life-critical functions.

Enforcement: We may throttle, suspend, or terminate access for AUP violations and may report unlawful activity to authorities.

Appendix C — Messaging Policy (A2P, Email, Voice)

Consent/Opt-in: Maintain auditable opt-in for each contact and campaign. No first-touch texts without consent.
Identification: Every message must identify the sender and provide a clear opt-out. Honor STOP, END, CANCEL, QUIT, and UNSUBSCRIBE immediately. Provide HELP information.
Registration: Maintain accurate A2P 10DLC brand and campaign registrations. Keep use-case descriptions, sample messages, and terms accurate.
Content Rules: No SHAFT content, illegal claims, or misleading offers. Avoid URL shorteners commonly flagged by carriers.
Rate Limits/Throttling: We may rate limit or queue traffic to improve deliverability or comply with carrier rules.
Deliverability: We do not guarantee delivery. Filtering is controlled by carriers and inbox providers.
Telecom Indemnity: Customer will defend and indemnify Legacy Fusion Agency against claims or fines arising from Customer's messages, content, or registrations.

Appendix D — BYOC Numbers and Porting

Numbers are assigned by carriers and may not be transferable in all cases. Port-out requires the account to be current and regulatory data complete. After termination, Customer has 30 days to request a port-out. Unported numbers may be released.

Appendix E — Subprocessor List (Summary)

We use common cloud infrastructure, communications providers, analytics, payment processors, and support tools. A current list is available upon request or posted on our status/legal page. We will provide reasonable notice of material changes where required by law.

Appendix F — Security Summary

Encryption in transit and at rest; role-based access and least privilege; MFA available for admin users; centralized logging/monitoring; regular vulnerability scans and annual penetration testing; employee security training; incident response with target notification within 72 hours of confirmation of a breach involving Customer Data.

Appendix G — APIs and Rate Limits; Change Management; DMCA; Accessibility; E-Sign

APIs/Rate Limits: Legacy Fusion Agency may set or modify API rate limits and quotas. Excess use may be throttled or suspended. Deprecations with 60 days notice for breaking changes.
Change Management: 30 days notice for material UI/API changes; 60 days for breaking API changes; 90 days for feature retirement where feasible.
DMCA: Legacy Fusion Agency responds to copyright notices consistent with the DMCA and may terminate repeat infringers.
Accessibility: Legacy Fusion Agency uses commercially reasonable efforts to align core web experiences with WCAG 2.1 AA.
Electronic Communications: The parties consent to conduct business electronically. Click-through acceptance, check-box, and e-signature have the same force as a wet signature under ESIGN and UETA.

Appendix H — No Emergency Services

The Services are not a replacement for traditional telephone services and do not support calls to 911 or other emergency numbers. Customer must provide alternative access to emergency services.