Terms of Service
Last updated: February 1, 2025
1. Agreement to Terms
These Terms of Service (“Terms”) govern your access to and use of the Loctelli platform, including our website, applications, CRM, AI-powered chat, lead management, sales strategies, booking and scheduling (including integration with Calendly), SMS campaigns, and related services (collectively, the “Services”) operated by Loctelli, a sole proprietorship, (“we,” “us,” or “our”). By registering, logging in, or otherwise using the Services, you agree to be bound by these Terms. If you are using the Services on behalf of an organization, you represent that you have authority to bind that organization to these Terms.
2. Description of Services
Loctelli provides a multi-tenant customer relationship management platform that includes:
- Lead management, strategy assignment, and AI-powered conversation and chat.
- Booking and appointment scheduling, including integration with third-party tools such as Calendly (subject to Calendly’s own terms and policies).
- SMS campaigns and messaging (e.g., via Twilio or other providers), subject to applicable telecommunications and consent rules.
- Admin and user management, SubAccount (tenant) isolation, and role-based access control.
- Integrations with external services (e.g., GoHighLevel, Calendly, Twilio), each subject to the third party’s terms and privacy policies.
We may add, change, or discontinue features from time to time. Material changes will be communicated as we deem appropriate (e.g., via the Services or email).
3. Account Registration and Security
You must provide accurate and complete information when registering and keep your account information current. You are responsible for maintaining the confidentiality of your credentials and for all activity under your account. You must notify us promptly of any unauthorized access or use. We are not liable for losses arising from unauthorized use of your account due to your failure to safeguard your credentials.
4. Acceptable Use
You agree not to:
- Use the Services in violation of any applicable law or regulation, or in a way that infringes the rights of others.
- Use the Services to send spam, unsolicited messages, or communications that violate anti-spam or telemarketing laws (e.g., you must obtain appropriate consent for SMS and marketing where required).
- Attempt to gain unauthorized access to the Services, other accounts, or our or any third party’s systems or data.
- Interfere with or disrupt the integrity or performance of the Services or any third-party systems connected to them.
- Use the Services to distribute malware, phishing, or other harmful or deceptive content.
- Scrape, reverse-engineer, or attempt to extract source code or underlying data from the Services except as expressly permitted.
- Use the AI chat or other features to generate or promote illegal, harmful, or misleading content.
We may suspend or terminate your access if we reasonably believe you have violated these Terms or applicable law.
5. Your Data and Privacy
You retain ownership of the data you submit to the Services (“Your Data”). You grant us a limited license to use, store, and process Your Data as necessary to provide, improve, and secure the Services and as described in our Privacy Policy. You are responsible for ensuring that Your Data and your use of the Services comply with applicable law and that you have necessary rights and consents (e.g., for leads, contacts, and SMS). We will handle Your Data in accordance with our Privacy Policy and applicable data processing agreements where applicable.
6. Third-Party Services
The Services may integrate with or link to third-party services (e.g., Calendly for scheduling, Twilio for SMS, GoHighLevel). Your use of those services is subject to their respective terms and privacy policies. We are not responsible for third-party services. For booking-related data processed by Calendly, please review Calendly’s Terms of Use and Privacy Policy.
7. Intellectual Property
We own or license the Services, including the software, design, text, graphics, and other content we provide (excluding Your Data). These Terms do not grant you any right, title, or interest in our intellectual property except the limited right to use the Services in accordance with these Terms. You may not copy, modify, distribute, or create derivative works from our Services or content without our prior written consent.
8. Disclaimers
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS. AI FEATURES (INCLUDING CHAT AND AUTOMATION) MAY PRODUCE INACCURATE OR INAPPROPRIATE OUTPUT; YOU ARE RESPONSIBLE FOR REVIEWING AND USING SUCH OUTPUT APPROPRIATELY.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LOCTELLI AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM (OR ONE HUNDRED U.S. DOLLARS IF NO AMOUNT WAS PAID). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS; IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
10. Indemnification
You agree to indemnify, defend, and hold harmless Loctelli and its affiliates, officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Services; (b) Your Data or your violation of any law or third-party rights; or (c) any breach of these Terms by you.
11. Termination
We may suspend or terminate your access to the Services at any time, with or without cause or notice, including for violation of these Terms. You may stop using the Services at any time. Upon termination, your right to use the Services ceases immediately. Provisions that by their nature should survive (including Sections 5–10 and this sentence) will survive termination.
12. General
These Terms constitute the entire agreement between you and Loctelli regarding the Services and supersede any prior agreements. Our failure to enforce any right or provision does not waive that right or provision. If any provision is held invalid, the remaining provisions remain in effect. We may assign these Terms; you may not assign without our prior written consent. These Terms are governed by the laws of the State of New York (or the jurisdiction specified in your agreement, if any), without regard to conflict of law principles.
13. Contact
For questions about these Terms, contact us at [email protected] or at 500 Peconic St, Ronkonkoma, NY 11779, United States.