Terms of service

1. The agreement

These terms are an agreement between you and Sailmarks LLC (“Sailmarks”, “we”, “us”) for Sailmarks CRM, Sailmarks Timeclock, this website and any services we provide. By creating an account or using them, you agree to these terms and to our privacy policy.

If you sign up for a business, you confirm that you can agree to these terms for it, and “you” means that business.

2. Your account

• Give accurate details and keep them up to date.
• Keep your password safe. You are responsible for what happens under your account and for the people you invite to your workspace.
• Tell us right away if you think your account has been misused.
• You must be at least 18 to create an account.

3. Plans, billing and cancelling

• Paid from the start. There is no free trial. Your card is charged when you sign up, then at the start of each monthly or yearly period until you cancel.
• Users. Each plan includes a number of users. Extra users are billed at the rate shown for your plan. A Starter workspace that reaches 5 users moves to the Team plan automatically.
• Every feature included. Plans differ by team size, usage and support, not by locked features.
• Cancel any time from Settings. You keep full access until the end of the period you have paid for. We do not refund partial periods, except where the law requires.
• Price changes are announced at least 30 days ahead and apply from your next billing period.
• Taxes. Prices do not include taxes. Where we must collect them, they are added to your invoice.

Payments are processed by Stripe under its own terms. If a payment fails, we retry it for about two weeks and everything keeps working while you update your card. After that, or once a cancelled plan ends, your workspace becomes read-only: you can still see and export everything, but nothing can be added or changed until the plan is paid again.

4. Your data

What you put into Sailmarks stays yours. You give us permission to store, copy, process and display it only as needed to provide and support the service for you.

You can export your data at any time, including while your workspace is read-only. You are responsible for having the right to the information you add, including your contacts’ details, and for using it lawfully.

5. Acceptable use

Please do not use Sailmarks to:

• Send spam or bulk email to people who have not agreed to hear from you, or break anti-spam laws such as CAN-SPAM.
• Store or send anything unlawful, harmful, or that infringes someone’s rights.
• Try to get into accounts, workspaces or systems you are not allowed to, or test them for weaknesses without our written permission.
• Disrupt the service, overload it, or get around its limits, including API rate limits.
• Copy, resell or rebuild the service, or reverse engineer it.

We may suspend an account that breaks these rules or puts others at risk. Where we can, we will tell you first and give you a chance to fix it.

6. Connected services

Some features work with other companies’ services, such as Google and Microsoft for sending email, Stripe for payments, or apps you connect through our API. Your use of those services is also governed by their terms. We are not responsible for them, and a feature may change or stop if one of them changes or stops.

7. Websites and custom projects

Web design, custom software and migration work are described in a written quote. The quote sets the price, what we will deliver and when. Unless it says otherwise, a 50% deposit is due before work starts and the balance when the work is delivered. If a quote and these terms disagree, the quote wins for that project.

8. Our property

The Sailmarks apps, website, name and logo belong to us. These terms give you the right to use the service while your account is in good standing, and nothing more. If you send us ideas or feedback, we may use them without owing you anything.

9. Availability and warranties

We work hard to keep Sailmarks running, secure and backed up, but we cannot promise it will always be available or free of errors. Except as these terms say, the service is provided “as is”, without warranties of any kind, to the extent the law allows.

10. Limit of liability

To the extent the law allows, neither you nor we are liable for indirect, incidental or consequential losses, such as lost profits or lost data, and each side’s total liability under these terms is limited to the amount you paid us in the 12 months before the claim. This limit does not apply to your payment obligations or to breaches of the acceptable use rules.

11. Claims about your content

If someone makes a claim against us because of the content you put into Sailmarks or the way you use the service against these terms, you agree to cover our reasonable costs of dealing with it.

12. Ending the agreement

You can stop using Sailmarks and cancel at any time. We may end these terms if you seriously break them, or with 30 days’ notice for any other reason, in which case we refund any period you have paid for and not used. Either way, you will have the chance to export your data.

13. Governing law

These terms are governed by the laws of the state where Sailmarks LLC is organized, without regard to its conflict of law rules. Before going to court, we both agree to try to settle any disagreement by talking it through in good faith.

14. Changes to these terms

If we change these terms in a way that matters, we will update the date at the top and tell account owners at least 30 days before the change takes effect. Continuing to use Sailmarks after that means you accept the new terms.

15. Contact us

Questions about these terms? Email koby@sailmarks.com or use our contact form.