Last updated: July 27, 2026
These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your") and Private Club Marketing Inc, a California corporation operating the ClubCRM platform ("ClubCRM," "we," "us," or "our"). These Terms govern your access to and use of the ClubCRM platform at clubcrm.co and all related services. By accessing or using ClubCRM, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must discontinue use of the platform immediately.
To use ClubCRM, you must create an account and provide accurate, complete information. You are responsible for maintaining the security of your account credentials and for all activity that occurs under your account.
You agree to use ClubCRM only for lawful purposes and in accordance with these Terms. You agree not to:
ClubCRM provides email campaign tools that must be used responsibly:
ClubCRM offers various subscription plans as described on our Pricing page.
You retain full ownership of all data you upload to or create within ClubCRM, including contacts, campaigns, and analytics data.
The ClubCRM platform, including its design, code, features, and documentation, is owned by Private Club Marketing Inc and protected by intellectual property laws. Your subscription grants you a limited, non-exclusive, non-transferable license to use the platform for your internal business purposes.
If you use ClubCRM as a marketing agency managing client accounts:
We strive to maintain 99.9% uptime but do not guarantee uninterrupted service. We may perform scheduled maintenance with advance notice. We are not liable for any downtime, data loss, or damages resulting from service interruptions beyond our reasonable control.
THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
We make no representations or warranties regarding the outcomes, results, or effectiveness of any campaign, marketing strategy, or data enrichment performed through the platform. Results are inherently variable and depend on numerous factors beyond our control, including market conditions, list quality, and recipient behavior.
We shall not be liable for email deliverability issues, including but not limited to emails being marked as spam, bounced, filtered, throttled, or otherwise not delivered to intended recipients. Email deliverability is subject to factors outside our control, including recipient email provider policies, spam filtering algorithms, sender reputation, and list quality.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF PRIVATE CLUB MARKETING INC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM SHALL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY YOU DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, BUSINESS OPPORTUNITIES, OR OTHER INTANGIBLE LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES REGARDLESS OF THE THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.
You agree to indemnify, defend, and hold harmless Private Club Marketing Inc, its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees and costs) arising out of or relating to:
You are solely responsible for all content you create, upload, send, or otherwise distribute through the platform. We do not pre-screen, review, or approve Client content, and you bear full responsibility for ensuring that your content does not infringe upon the intellectual property rights or other rights of any third party, violate any applicable law, or contain defamatory, obscene, or otherwise objectionable material.
You are solely responsible for your compliance with all applicable data privacy and data protection laws in connection with your use of the platform. This includes, without limitation, obtaining all necessary consents, providing required notices to data subjects, and responding to data subject access and deletion requests in a timely manner.
Either party may terminate this agreement at any time. We reserve the right to suspend or terminate your access immediately, without prior notice, in the event of a material breach of these Terms, including violations of the Acceptable Use or Email Sending policies, fraudulent activity, nonpayment, or conduct that we determine poses a risk to the security or integrity of the platform or other users.
Following termination, you will have a period of thirty (30) days to export your data from the platform. We will make commercially reasonable efforts to facilitate data export during this period. After the expiration of the thirty (30) day export period, we shall have no obligation to maintain or provide access to your data.
Following the expiration of the thirty (30) day export period, we will delete your data from our production systems. Residual copies of your data may remain in backup systems for up to ninety (90) days following termination, after which such backup copies will be permanently deleted in accordance with our standard data retention and backup rotation practices. You may request earlier deletion at any time by contacting privacy@clubcrm.co.
The following sections survive any termination or expiration of these Terms: Data Ownership & Privacy, Intellectual Property, Disclaimer of Warranties, Limitation of Liability, Indemnification, Dispute Resolution, and Governing Law.
We may update these Terms from time to time. We will notify you of material changes via email or through the platform. Your continued use of ClubCRM after changes take effect constitutes acceptance of the updated Terms.
Any dispute, controversy, or claim arising out of or relating to these Terms or the platform, including the breach, termination, enforcement, interpretation, or validity thereof, shall be resolved by binding arbitration administered by JAMS (Judicial Arbitration and Mediation Services) in Orange County, California, in accordance with the JAMS Comprehensive Arbitration Rules and Procedures then in effect. The arbitration shall be conducted by a single arbitrator mutually agreed upon by the parties, or, failing agreement, appointed by JAMS. The arbitrator's decision shall be final and binding, and judgment upon the award rendered may be entered in any court having jurisdiction thereof.
YOU AND PRIVATE CLUB MARKETING INC AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING. Unless both parties agree otherwise in writing, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.
This arbitration agreement is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1–16, and shall be interpreted in accordance with its provisions. In the event of any conflict between the Federal Arbitration Act and any other applicable law, the Federal Arbitration Act shall control.
Notwithstanding the foregoing, either party may bring an individual action in small claims court for disputes or claims within the scope of such court's jurisdiction, provided the action is brought and maintained in Orange County, California, or the county in which you reside.
These Terms and any disputes arising out of or relating to these Terms or the platform shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles. To the extent that any lawsuit or court proceeding is permitted hereunder, you and Private Club Marketing Inc agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Orange County, California.
These Terms, together with the Privacy Policy, constitute the entire agreement between you and Private Club Marketing Inc with respect to the ClubCRM platform and supersede all prior or contemporaneous understandings regarding the platform. Where you have also entered into a separate written services agreement with Private Club Marketing Inc, that agreement controls as to any conflicting term. If any provision of these Terms is held to be invalid or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
If you have questions about these Terms, contact us at: