WishKeeperCRM Terms of Service & Software Subscription Agreement

Effective Date: March 7, 2026

These Terms of Service and Software Subscription Agreement ("Terms") constitute a legally binding agreement between WishKeeperCRM LLC, a Georgia limited liability company ("WishKeeperCRM," "Company," "we," "our," or "us"), and the individual or legal entity accepting these Terms ("Customer," "you," or "your").

These Terms govern your access to and use of the WishKeeperCRM website, software platform, applications, and all related products, services, content, features, and functionality (collectively, the "Services").

By creating an account, starting a free trial, purchasing a subscription, accessing the Services, or clicking any button indicating your acceptance of these Terms, you acknowledge that you have read, understood, and agree to be legally bound by these Terms.

If you do not agree to these Terms, you may not access or use the Services.


1. Eligibility

To use the Services, you represent and warrant that you:

  • Are at least eighteen (18) years of age;
  • Are located within the United States;
  • Have the legal authority and capacity to enter into this Agreement;
  • Will comply with all applicable federal, state, and local laws;
  • Will provide accurate, current, and complete account information.

If you access the Services on behalf of a business, travel agency, corporation, partnership, limited liability company, or other legal entity, you represent and warrant that you have full authority to bind that entity to these Terms. In such event, references to "Customer" include both you and the legal entity you represent.

WishKeeperCRM reserves the right to refuse service, suspend access, or terminate accounts that do not satisfy these eligibility requirements.


2. Definitions

For purposes of these Terms, the following definitions apply:

Account means the Customer's registered account used to access the Services.

Authorized User means an employee, independent contractor, advisor, or other individual authorized by a Customer to access a Team subscription.

Customer Data means all information uploaded, entered, stored, generated, or managed by the Customer within the Services, including without limitation client records, itineraries, reservations, documents, notes, forms, proposals, communications, marketing content, custom templates, images, files, and other business information.

Platform Content means all software, source code, object code, databases, workflows, automation systems, documentation, built-in templates, platform designs, graphics, branding, logos, icons, user interface elements, page layouts, architecture, functionality, and all other proprietary technology developed or owned by WishKeeperCRM.

Services means the WishKeeperCRM software platform, website, applications, tools, integrations, features, support services, and any future modules, products, or functionality offered by WishKeeperCRM.

Subscription means the Customer's paid license to access and use the Services during the applicable billing period.

Team Account means a subscription owned by an agency or organization that permits multiple Authorized Users to access the Services.


3. The Services

WishKeeperCRM provides a subscription-based software platform designed to assist travel professionals with managing customer relationships, trip information, workflows, communications, documents, reporting, marketing, operational processes, and related business activities.

The Services may include, without limitation:

  • Customer relationship management (CRM)
  • Client portals
  • Proposal creation
  • Itinerary management
  • Document management
  • Workflow automation
  • Marketing communications
  • Trip communications
  • Calendar integrations
  • Secure data storage
  • Reporting and analytics
  • Payment and invoicing features
  • Third-party integrations
  • Future software modules and enhancements

The Services are intended solely as business management tools.

WishKeeperCRM is not a travel agency, tour operator, travel supplier, host agency, insurance provider, seller of travel, legal advisor, tax advisor, or financial advisor.

Nothing within the Services should be interpreted as legal, financial, accounting, insurance, regulatory, or travel compliance advice.

Customers remain solely responsible for operating their businesses, complying with applicable laws, complying with supplier requirements, obtaining necessary licenses, and reviewing all communications and documents generated through the Services before providing them to clients.


4. Software License

Subject to these Terms and timely payment of all applicable subscription fees, WishKeeperCRM grants Customer a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Services solely for Customer's internal business purposes during the applicable Subscription Term.

This license does not transfer any ownership rights in the Services or Platform Content.

Except as expressly permitted by these Terms, Customer may not:

  • sell;
  • sublicense;
  • lease;
  • rent;
  • distribute;
  • assign;
  • copy;
  • reproduce;
  • modify;
  • translate;
  • create derivative works from;
  • publicly display;
  • publicly perform; or
  • commercially exploit

any portion of the Services or Platform Content.

All rights not expressly granted remain reserved by WishKeeperCRM.


5. User Accounts

Customers are responsible for maintaining accurate account information at all times.

Each Customer is responsible for maintaining the confidentiality of usernames, passwords, authentication methods, and all other login credentials associated with the Account.

Customers are responsible for all activities occurring under their Account, whether authorized by the Customer or resulting from the Customer's failure to adequately protect account credentials.

Customers agree to immediately notify WishKeeperCRM of:

  • unauthorized access;
  • suspected account compromise;
  • suspected security incidents;
  • unauthorized disclosure of login credentials; or
  • any other activity that could affect the security of the Services.

Account sharing outside the Customer's organization is prohibited unless expressly authorized by WishKeeperCRM.

WishKeeperCRM reserves the right to require password changes, multi-factor authentication, identity verification, or additional security measures whenever reasonably necessary to protect the integrity of the Services.


6. Team Accounts

Customers purchasing Team subscriptions acknowledge that the subscribing agency or organization is the owner of the Team Account.

Unless otherwise agreed in writing, the Team Account owner controls:

  • Authorized User access;
  • permissions;
  • customer records;
  • templates;
  • workflows;
  • documents;
  • trips;
  • communications;
  • reports;
  • and all other Customer Data maintained within the Team Account.

Authorized Users acknowledge that their access may be modified, suspended, or removed by the Team Account owner at any time.

If an Authorized User leaves an agency or organization, WishKeeperCRM has no obligation to transfer Customer Data, account information, templates, workflows, or other information to another subscription unless authorized by the Team Account owner.


7. Subscription Plans, Free Trials, Billing, and Payment

7.1 Subscription Plans

WishKeeperCRM offers subscription plans for individual travel advisors, agencies, and other eligible business users. Subscription features, pricing, user limits, storage limits, and available functionality may vary depending upon the selected plan.

Current subscription offerings, pricing, and included features are published on the WishKeeperCRM website and may be updated from time to time.

7.2 Free Trial

WishKeeperCRM may offer eligible Customers a seven (7) day free trial.

A valid payment method is required to begin the free trial.

Unless canceled before the expiration of the free trial, the Subscription will automatically convert to a paid subscription at the then-current subscription rate.

Customers are solely responsible for canceling a free trial before the renewal date if they do not wish to continue using the Services.

7.3 Subscription Term

Subscriptions are offered on either a monthly or annual billing cycle.

Each Subscription automatically renews for successive billing periods unless canceled in accordance with these Terms.

By purchasing a Subscription, Customer authorizes WishKeeperCRM and its payment processor to automatically charge the payment method on file for all recurring subscription fees, applicable taxes, and any other authorized charges.

7.4 Pricing Changes

WishKeeperCRM reserves the right to modify subscription pricing at any time.

Any pricing changes will become effective at the beginning of the Customer's next renewal period after reasonable advance notice has been provided.

Nothing in these Terms guarantees that subscription pricing will remain unchanged.

7.5 Payment Processing

Subscription payments are processed through third-party payment processors selected by WishKeeperCRM.

WishKeeperCRM does not store complete payment card information.

Customer authorizes WishKeeperCRM and its payment processor to charge all applicable subscription fees using the payment method maintained on the Account.

Customer is responsible for maintaining current and accurate billing information at all times.

7.6 Failed Payments

If a payment cannot be successfully processed for any reason, including an expired payment method, insufficient funds, declined transaction, or payment processor error, the Customer remains responsible for all outstanding subscription charges.

WishKeeperCRM or its payment processor may automatically retry failed payments in accordance with the payment processor's retry schedule.

Failure to receive an invoice, payment reminder, or billing notification does not relieve Customer of payment obligations.

WishKeeperCRM reserves the right to suspend or terminate access to the Services if subscription fees remain unpaid.

7.7 Taxes

Unless otherwise stated, subscription fees do not include applicable federal, state, or local taxes.

Customer is responsible for all taxes associated with the purchase or use of the Services, excluding taxes based solely upon WishKeeperCRM's income.


8. Cancellation and Refund Policy

8.1 Customer Cancellation

Customers may cancel their Subscription at any time through their Account settings.

Cancellation prevents future recurring charges but does not entitle the Customer to a refund for any current billing period.

Unless otherwise stated, Customers will retain access to the Services through the end of the prepaid Subscription Term.

8.2 Refund Policy

Except as expressly provided in this Section or as otherwise required by applicable law, all subscription fees are non-refundable.

WishKeeperCRM may, in its sole discretion, issue refunds for:

  • accidental duplicate charges;
  • verified billing errors;
  • significant platform outages materially affecting the Services; or
  • other circumstances deemed appropriate by WishKeeperCRM.

The issuance of a refund in one instance does not obligate WishKeeperCRM to issue refunds under similar circumstances in the future.

8.3 Chargebacks

Customer agrees not to initiate a chargeback or payment dispute for valid subscription charges.

If a Customer initiates a chargeback or payment dispute without a legitimate basis, WishKeeperCRM may immediately:

  • suspend or terminate the Account;
  • recover unpaid subscription fees;
  • recover chargeback fees;
  • recover administrative costs;
  • pursue any other remedies available under law.

Initiating a fraudulent or bad-faith chargeback constitutes a material breach of these Terms.


9. Customer Responsibilities

Customer is solely responsible for all activity conducted through the Account.

Customer represents and warrants that all information submitted through the Services is accurate, lawful, and authorized.

Customer is responsible for:

  • maintaining accurate client information;
  • complying with supplier requirements;
  • complying with applicable travel industry laws and regulations;
  • complying with all licensing requirements applicable to Customer's business;
  • obtaining all necessary customer consents;
  • maintaining appropriate backups of exported information;
  • reviewing all communications before sending them to clients;
  • safeguarding Account credentials.

WishKeeperCRM provides software tools designed to assist Customers in operating their businesses.

The Services do not replace the Customer's independent professional judgment or legal obligations.


10. Customer Data

As between WishKeeperCRM and the Customer, Customer retains ownership of all Customer Data uploaded to or created within the Services.

Nothing in these Terms transfers ownership of Customer Data to WishKeeperCRM.

Customer grants WishKeeperCRM a limited, worldwide, non-exclusive, royalty-free license to host, copy, process, transmit, display, back up, and otherwise use Customer Data solely as reasonably necessary to:

  • provide the Services;
  • maintain the Services;
  • improve the Services;
  • troubleshoot technical issues;
  • provide customer support;
  • comply with legal obligations.

This license automatically terminates upon permanent deletion of Customer Data except to the extent retention is required by law.

Customer represents and warrants that it possesses all rights necessary to upload, store, process, and use Customer Data through the Services.

Customer is solely responsible for the legality, accuracy, completeness, and reliability of all Customer Data.

WishKeeperCRM has no obligation to review, monitor, or verify Customer Data.


11. Data Export and Data Retention

Customers are responsible for exporting any Customer Data they wish to retain before canceling their Subscription.

Upon expiration, cancellation, or termination of a Subscription, Customer access to the Services will end.

WishKeeperCRM is under no obligation to provide continued access to Customer Data following termination of a Subscription.

WishKeeperCRM may retain Customer Data for up to fourteen (14) days following cancellation or termination solely for administrative, recovery, or technical purposes.

After that period, WishKeeperCRM may permanently delete Customer Data without further notice.

WishKeeperCRM has no obligation to restore Customer Data after permanent deletion.


12. Sensitive Information

The Services may include designated secure fields intended for certain confidential information.

Except where the Services expressly provide secure functionality for such information, Customers agree not to upload, transmit, or store highly sensitive information through the Services, including but not limited to:

  • complete payment card information;
  • banking credentials;
  • Social Security numbers;
  • government-issued identification numbers;
  • passport information;
  • tax identification numbers; or
  • other regulated personal information.

Customers remain solely responsible for determining what information may appropriately be stored within the Services and for obtaining any required authorizations from their clients.

WishKeeperCRM shall not be responsible for Customer's unauthorized storage of regulated or prohibited information.


13. Intellectual Property

13.1 Ownership of the Services

The Services, Platform Content, and all related intellectual property are and shall remain the exclusive property of WishKeeperCRM and its licensors.

This includes, without limitation:

  • the WishKeeperCRM software;
  • source code;
  • object code;
  • database structure;
  • software architecture;
  • workflows;
  • automation systems;
  • built-in templates;
  • platform-generated forms;
  • documentation;
  • graphics;
  • icons;
  • page layouts;
  • user interface elements;
  • visual designs;
  • reports;
  • trademarks;
  • logos;
  • service marks;
  • trade dress;
  • copyrights;
  • patents;
  • trade secrets; and
  • all other proprietary technology and content made available through the Services.

Except for the limited license expressly granted under these Terms, no ownership rights are transferred to the Customer.

13.2 Customer Ownership

Except as expressly provided in these Terms, Customers retain all ownership rights in their Customer Data.

Nothing in these Terms grants WishKeeperCRM ownership of:

  • client records;
  • itineraries;
  • proposals created by the Customer;
  • uploaded documents;
  • custom templates;
  • notes;
  • forms;
  • communications;
  • branding;
  • images;
  • marketing content; or
  • other Customer-created content.

13.3 Feedback

Customers may voluntarily submit suggestions, ideas, recommendations, feature requests, enhancement requests, comments, or other feedback regarding the Services ("Feedback").

Customer agrees that all Feedback is provided voluntarily and without expectation of compensation.

WishKeeperCRM may freely use, modify, implement, publish, commercialize, or incorporate such Feedback into the Services without restriction or obligation to Customer.

13.4 Public Screenshots

Customers may capture and publicly share screenshots of the Services for educational, training, marketing, or informational purposes provided that such screenshots:

  • do not disclose confidential information;
  • do not expose another customer's information;
  • do not misrepresent the Services;
  • do not imply endorsement by WishKeeperCRM; and
  • comply with these Terms.

WishKeeperCRM reserves the right to request removal of screenshots that violate these requirements or infringe upon its intellectual property rights.


14. Acceptable Use

To protect the integrity, security, and reliability of the Services, Customers agree not to misuse the Services.

Customer shall not, directly or indirectly:

  • violate any applicable law or regulation;
  • infringe the intellectual property rights of another;
  • upload malicious software or malware;
  • interfere with or disrupt the Services;
  • attempt unauthorized access to any account or system;
  • impersonate another individual or business;
  • use the Services for fraudulent purposes;
  • transmit spam or unsolicited commercial communications;
  • engage in phishing or deceptive practices;
  • upload unlawful, defamatory, obscene, or infringing content;
  • use the Services to harass, threaten, or abuse others;
  • attempt to circumvent platform security measures;
  • share login credentials outside the Customer's organization;
  • use automated tools to extract platform information;
  • scrape, harvest, or systematically collect data from the Services;
  • reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Services;
  • create derivative works based upon the Services;
  • reproduce or commercialize Platform Content;
  • copy the design, organization, workflows, or functionality of the Services for use in a competing product;
  • use the Services to benchmark or analyze the platform for the purpose of developing competing software;
  • use Platform Content to train artificial intelligence or machine learning systems without the express written consent of WishKeeperCRM;
  • permit any third party to engage in any prohibited activity using the Customer's Account.

Any violation of this Section constitutes a material breach of these Terms.


15. Third-Party Services and Integrations

The Services may integrate with or provide access to products and services operated by third parties, including but not limited to payment processors, calendar providers, email providers, travel suppliers, mapping services, artificial intelligence providers, and other technology platforms.

WishKeeperCRM does not own or control third-party services.

Accordingly, WishKeeperCRM makes no representation or warranty regarding:

  • the availability of third-party services;
  • the continued operation of integrations;
  • the accuracy of third-party information;
  • the security of third-party systems; or
  • changes implemented by third-party providers.

Third-party providers may modify, suspend, discontinue, or restrict access to their services at any time.

WishKeeperCRM shall not be responsible for any interruption, data loss, feature limitation, or other damages resulting from the actions or omissions of any third-party provider.

Customer's use of third-party services remains subject to the applicable third-party terms, conditions, and privacy policies.


16. Platform Updates and Feature Changes

WishKeeperCRM continuously improves and evolves the Services.

Accordingly, WishKeeperCRM reserves the right, at any time and without liability, to:

  • introduce new features;
  • modify existing functionality;
  • improve workflows;
  • rename features;
  • combine features;
  • separate features;
  • discontinue functionality;
  • retire legacy functionality;
  • redesign the user interface;
  • modify storage limits;
  • modify usage limits; or
  • otherwise update the Services.

While WishKeeperCRM endeavors to provide advance notice of material changes whenever reasonably practical, Customer acknowledges that software platforms necessarily evolve over time.

Nothing in these Terms guarantees the continued availability of any particular feature or functionality.


17. Service Availability

WishKeeperCRM will use commercially reasonable efforts to maintain reliable access to the Services.

However, Customer acknowledges that uninterrupted availability cannot be guaranteed.

The Services are provided on an "AS IS" and "AS AVAILABLE" basis.

Temporary interruptions may occur due to:

  • scheduled maintenance;
  • emergency maintenance;
  • software updates;
  • internet outages;
  • cloud infrastructure failures;
  • cybersecurity incidents;
  • third-party service interruptions;
  • telecommunications failures;
  • force majeure events; or
  • other circumstances beyond WishKeeperCRM's reasonable control.

WishKeeperCRM shall not be liable for temporary service interruptions, delays, or outages.


18. Beta Features

From time to time, WishKeeperCRM may offer beta, preview, early access, or experimental features ("Beta Features").

Beta Features are provided solely for evaluation and testing purposes.

Customer acknowledges that Beta Features:

  • may contain bugs;
  • may operate incorrectly;
  • may change without notice;
  • may be discontinued at any time;
  • may never become generally available.

Beta Features are provided without any warranty of any kind.

WishKeeperCRM assumes no responsibility for Customer's reliance upon Beta Features.


19. Suspension and Termination

19.1 Suspension of Services

To protect the security, integrity, and reliability of the Services, WishKeeperCRM reserves the right to immediately suspend or restrict access to all or part of the Services, with or without prior notice, if WishKeeperCRM reasonably believes that:

  • Customer has violated these Terms;
  • Subscription fees remain unpaid;
  • A payment dispute or chargeback has been initiated;
  • Customer has engaged in fraudulent, deceptive, or unlawful activity;
  • Customer has used the Services in a manner that threatens the security or stability of the platform;
  • Customer has attempted unauthorized access to any portion of the Services;
  • Customer has shared account credentials in violation of these Terms;
  • Customer has engaged in reverse engineering, scraping, automated extraction, competitive analysis, or other prohibited activities;
  • Suspension is necessary to comply with applicable law, court order, subpoena, or governmental request; or
  • Suspension is reasonably necessary to protect WishKeeperCRM, its Customers, or third parties.

Suspension does not relieve Customer of any payment obligations accrued before or during the suspension period.

19.2 Termination by Customer

Customer may terminate a Subscription at any time by canceling through the Account settings.

Termination prevents future renewal charges but does not entitle Customer to a refund except as expressly provided in these Terms.

Customer will retain access to the Services only through the end of the applicable prepaid Subscription Term unless the Account has been suspended or terminated for cause.

19.3 Termination by WishKeeperCRM

WishKeeperCRM may terminate these Terms or Customer's access to the Services immediately if:

  • Customer materially breaches these Terms;
  • Customer repeatedly violates these Terms;
  • Customer fails to pay applicable subscription fees;
  • Customer engages in fraudulent or unlawful conduct;
  • Customer infringes WishKeeperCRM's intellectual property rights;
  • Customer uses the Services to compete with WishKeeperCRM;
  • Continued access would expose WishKeeperCRM, its Customers, or third parties to unreasonable legal, financial, or security risks.

Termination under this Section shall not limit any other rights or remedies available to WishKeeperCRM.

19.4 Effect of Termination

Upon termination or expiration of a Subscription:

  • Customer's license to use the Services immediately terminates;
  • Customer's access to the Services will cease;
  • WishKeeperCRM may disable Customer's Account;
  • Customer remains responsible for all outstanding amounts owed;
  • WishKeeperCRM may retain Customer Data for up to fourteen (14) days in accordance with Section 11;
  • After the applicable retention period, Customer Data may be permanently deleted.

Customers are solely responsible for exporting any desired Customer Data before cancellation or termination of their Subscription.


20. Disclaimers

THE SERVICES ARE PROVIDED ON AN "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WISHKEEPERCRM DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO:

  • IMPLIED WARRANTIES OF MERCHANTABILITY;
  • FITNESS FOR A PARTICULAR PURPOSE;
  • TITLE;
  • NON-INFRINGEMENT;
  • QUIET ENJOYMENT; AND
  • ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.

WITHOUT LIMITING THE FOREGOING, WISHKEEPERCRM DOES NOT WARRANT THAT:

  • THE SERVICES WILL OPERATE WITHOUT INTERRUPTION;
  • THE SERVICES WILL BE ERROR-FREE;
  • DEFECTS WILL BE CORRECTED;
  • THE SERVICES WILL ALWAYS BE AVAILABLE;
  • THE SERVICES WILL MEET CUSTOMER'S PARTICULAR REQUIREMENTS;
  • CUSTOMER DATA WILL NEVER BE LOST;
  • THIRD-PARTY INTEGRATIONS WILL CONTINUE TO FUNCTION;
  • ANY PARTICULAR FEATURE WILL REMAIN AVAILABLE.

CUSTOMER ACKNOWLEDGES THAT USE OF THE SERVICES IS AT CUSTOMER'S SOLE RISK.


21. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WISHKEEPERCRM, ITS MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS, AFFILIATES, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY:

  • INDIRECT DAMAGES;
  • INCIDENTAL DAMAGES;
  • SPECIAL DAMAGES;
  • CONSEQUENTIAL DAMAGES;
  • EXEMPLARY DAMAGES;
  • PUNITIVE DAMAGES;
  • LOSS OF PROFITS;
  • LOSS OF COMMISSIONS;
  • LOSS OF BUSINESS OPPORTUNITIES;
  • LOSS OF GOODWILL;
  • LOSS OF DATA;
  • LOSS OF ANTICIPATED SAVINGS;
  • BUSINESS INTERRUPTION; OR
  • COST OF SUBSTITUTE SERVICES,

ARISING OUT OF OR RELATING TO THE SERVICES, THESE TERMS, OR CUSTOMER'S USE OF OR INABILITY TO USE THE SERVICES, REGARDLESS OF THE LEGAL THEORY ASSERTED AND EVEN IF WISHKEEPERCRM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WISHKEEPERCRM'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS SHALL NOT EXCEED THE TOTAL SUBSCRIPTION FEES ACTUALLY PAID BY CUSTOMER TO WISHKEEPERCRM DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

THE LIMITATIONS SET FORTH IN THIS SECTION REPRESENT AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES AND APPLY REGARDLESS OF THE FAILURE OF ANY LIMITED REMEDY.

NOTHING IN THESE TERMS LIMITS LIABILITY WHERE SUCH LIMITATION IS PROHIBITED BY APPLICABLE LAW.


22. Indemnification

Customer agrees to defend, indemnify, and hold harmless WishKeeperCRM, its members, managers, employees, contractors, affiliates, successors, and assigns from and against any and all claims, demands, actions, proceedings, liabilities, judgments, losses, damages, costs, expenses, and reasonable attorneys' fees arising out of or relating to:

  • Customer's use of the Services;
  • Customer's violation of these Terms;
  • Customer Data;
  • Customer's violation of applicable law;
  • Customer's infringement of another person's intellectual property rights;
  • Customer's negligent or wrongful acts or omissions.

WishKeeperCRM reserves the right, at its own expense, to assume the exclusive defense of any matter otherwise subject to indemnification.

Customer agrees to cooperate fully in the defense of any such claim.


23. Force Majeure

WishKeeperCRM shall not be liable for any delay or failure to perform resulting from causes beyond its reasonable control, including but not limited to:

  • natural disasters;
  • acts of God;
  • hurricanes;
  • floods;
  • fires;
  • pandemics;
  • labor disputes;
  • internet outages;
  • cyberattacks;
  • denial-of-service attacks;
  • failures of cloud providers;
  • failures of third-party service providers;
  • governmental actions;
  • war;
  • terrorism; or
  • utility failures.

Performance shall be excused for the duration of the applicable event.


24. Dispute Resolution and Binding Arbitration

Please read this Section carefully. It affects your legal rights, including your right to file a lawsuit in court and to have claims decided by a jury.

24.1 Good Faith Resolution

Before initiating arbitration or any legal proceeding, the parties agree to first attempt to resolve any dispute informally.

A party asserting a dispute must provide written notice describing the nature of the dispute and the requested resolution.

The parties agree to use good faith efforts to resolve the dispute for at least thirty (30) days before initiating arbitration.

Nothing in this Section prevents either party from seeking temporary injunctive or equitable relief when necessary to protect its intellectual property, confidential information, or other legal rights.

24.2 Binding Arbitration

Except as otherwise provided in these Terms, any dispute, controversy, or claim arising out of or relating to:

  • these Terms;
  • the Services;
  • Customer's Subscription;
  • Customer's use of the Services; or
  • any relationship between Customer and WishKeeperCRM,

shall be resolved exclusively through final and binding arbitration.

The arbitration shall be conducted in Richmond County, Georgia, unless the parties mutually agree otherwise.

The arbitration shall be administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules then in effect, except as modified by these Terms.

The arbitrator shall have exclusive authority to resolve all disputes regarding the interpretation, applicability, enforceability, or formation of these Terms.

The arbitrator may award only those remedies available under applicable law and these Terms.

Judgment upon the arbitration award may be entered in any court having jurisdiction.

24.3 Waiver of Jury Trial

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BOTH PARTIES KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A TRIAL BY JURY FOR ANY DISPUTE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES.

24.4 Class Action Waiver

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CUSTOMER AGREES THAT:

  • ALL CLAIMS SHALL BE BROUGHT SOLELY IN AN INDIVIDUAL CAPACITY;
  • NO CLAIM SHALL BE BROUGHT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION;
  • NO REPRESENTATIVE ACTIONS OR PRIVATE ATTORNEY GENERAL ACTIONS MAY BE MAINTAINED.

The arbitrator may not consolidate claims involving multiple customers unless all parties expressly consent in writing.

If any portion of this Class Action Waiver is determined to be unenforceable, then only that portion shall be severed, and the remainder of this Agreement shall remain in effect.


25. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflict of law principles.

Subject to the arbitration provisions contained in these Terms, any legal action permitted to proceed in court shall be brought exclusively in the state or federal courts located in Richmond County, Georgia, and each party irrevocably consents to the jurisdiction and venue of those courts.


26. Electronic Communications

By creating an Account or using the Services, Customer consents to receive electronic communications from WishKeeperCRM.

These communications may include:

  • account notifications;
  • billing notices;
  • invoices;
  • payment confirmations;
  • subscription renewals;
  • security alerts;
  • service announcements;
  • platform updates;
  • legal notices;
  • maintenance notifications; and
  • customer support communications.

Customer acknowledges that these communications are part of the Services and may continue even if Customer has opted out of receiving promotional or marketing emails.

Customer is responsible for maintaining a current email address on file.

WishKeeperCRM shall not be responsible for any failure to receive communications resulting from an outdated or inaccurate email address.


27. Modifications to the Services

WishKeeperCRM continually develops and improves the Services.

Accordingly, WishKeeperCRM reserves the right to:

  • add or remove features;
  • redesign the platform;
  • introduce new subscription plans;
  • modify system requirements;
  • discontinue legacy functionality;
  • update supported browsers or operating systems;
  • modify storage limits;
  • modify usage limits;
  • improve security requirements; or
  • otherwise modify the Services.

Nothing contained in these Terms guarantees that any particular feature, workflow, integration, module, or functionality will remain available indefinitely.


28. Assignment

Customer may not assign, transfer, delegate, or otherwise transfer any rights or obligations under these Terms without the prior written consent of WishKeeperCRM.

Any attempted assignment in violation of this Section shall be void.

WishKeeperCRM may assign or transfer these Terms without restriction in connection with:

  • a merger;
  • acquisition;
  • corporate restructuring;
  • sale of assets; or
  • other business transaction.

29. Entire Agreement

These Terms, together with any policies expressly incorporated by reference, constitute the entire agreement between Customer and WishKeeperCRM regarding the Services.

These Terms supersede all prior or contemporaneous agreements, representations, understandings, negotiations, and communications relating to the Services.

No waiver of any provision shall be effective unless made in writing by WishKeeperCRM.

The failure of either party to enforce any provision shall not constitute a waiver of future enforcement.

If any provision of these Terms is determined to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

Headings are provided solely for convenience and shall not affect interpretation.


30. Changes to these Terms

WishKeeperCRM may modify these Terms from time to time to reflect changes in the Services, applicable laws, business practices, or operational requirements.

When material changes are made, WishKeeperCRM will update the Effective Date at the beginning of these Terms and provide notice through the Services, by email, or by other reasonable means.

Continued use of the Services after the effective date of the revised Terms constitutes Customer's acceptance of the updated Terms.

If Customer does not agree to the revised Terms, Customer must discontinue use of the Services before the updated Terms become effective.


31. Contact Information

If you have questions regarding these Terms or the Services, please contact:

WishKeeperCRM LLC

3008 Old Lodge Road

Hephzibah, Georgia 30815

Email: support@wishkeepercrm.com

Website: www.wishkeepercrm.com