Last Updated: April 11, 2025
Welcome to QwkLink CRM, operated by QwkLiink CRM LLC, a Colorado limited liability company (“we,” “us,” or “our”). These Terms of Service (“Terms”) govern your access to and use of the QwkLink CRM platform, including any features, integrations, or services provided through our website, dashboard, or related applications (collectively, the “Service”). By signing up, accessing, or using the Service, you agree to be bound by these Terms. If you do not agree, you must not use the Service.
Please read these Terms carefully. They include important provisions limiting our liability, requiring arbitration for disputes, and waiving certain legal rights, such as class actions or jury trials.
1.1 Intended Users: The Service is intended solely for licensed real estate professionals, brokers, and administrative users physically located in the United States. You must be at least 18 years old and legally capable of entering into contracts to use the Service.
1.2 Geographic Restriction: Access or use of the Service from outside the United States is prohibited. If we detect use from outside the U.S., we may terminate your account without notice, and you agree we are not liable for any resulting loss. We are not responsible for compliance with non-U.S. laws or regulations.
2.1 Accurate Information: You agree to provide accurate, current, and complete information during registration and to update it promptly if it changes. You are solely responsible for all activity under your account.
2.2 Account Confidentiality: You must maintain the confidentiality of your login credentials. Notify us immediately at support@qwklink.com if you suspect unauthorized access. We are not liable for losses due to compromised credentials.
2.3 Individual Use: Accounts are for individual use only and may not be shared, sublicensed, or accessed by others. Sharing accounts may result in immediate termination without notice.
3.1 Free Trial: New users may access a 30-day free trial. To continue using the Service after the trial, you must submit valid billing information before the trial ends.
3.2 Data Deletion Post-Trial: If you do not provide billing details by the end of the trial, your account and all associated data will be permanently deleted 30 days after trial expiration. We are not responsible for recovering deleted data.
3.3 Subscription Terms: Subscriptions renew automatically monthly or annually, based on your selection. You may cancel via the dashboard before renewal to avoid charges. All payments are non-refundable, but access remains available until the end of your current billing period.
3.4 Billing Disputes: Contact us at support@qwklink.com within 30 days of any billing issue. We are not obligated to refund or adjust charges after this period.
4.1 Your Data: You retain ownership of all data you enter into the Service, including notes, client information, and any logos provided for white-label customization.
4.2 Data Export: You may export your data at any time via the dashboard, subject to technical availability. We do not provide backup or recovery services and are not liable for lost, deleted, or corrupted data.
5.1 Your Responsibility: Passwords are hashed, but user data is not encrypted. You are solely responsible for safeguarding your data, including obtaining consents for client data and complying with applicable laws. We make no guarantees regarding data security, preservation, or restoration.
5.2 No Encryption: By using the Service, you acknowledge that data you input is not encrypted and assume all risks of unauthorized access or loss.
5.3 Data Processing Role: We act solely as a platform provider and do not control, process, or verify the content, accuracy, or legality of your data, including personal data of your clients or leads. You are responsible for complying with data protection laws, including providing notices and obtaining consents.
6.1 No Warranties: The Service is provided strictly on an “as is,” “as available,” and “with all faults” basis. We expressly disclaim all warranties, express or implied, including but not limited to:
6.2 Your Risk: You use the Service entirely at your own risk. No oral or written advice, marketing materials, or support from us creates any warranty or obligation.
6.3 No Reliance: You acknowledge that any information, outputs, features, user interface, pages, or content displayed by the Service—including but not limited to dashboards, data tables, client information, analytics, or recommendations—are provided for informational purposes only and may contain errors, omissions, or display issues, such as missing, incomplete, or incorrect renderings. You agree not to rely on such displays or outputs as a substitute for your own professional judgment or verification and waive any claims arising from any inaccuracies or failures in how content is displayed, including but not limited to data or pages not rendering properly.
7.1 Future AI Use: The Service may incorporate automated tools, algorithms, or artificial intelligence (AI) in the future to provide features like analytics, lead scoring, task prioritization, or recommendations. We do not guarantee the accuracy, reliability, or suitability of these outputs.
7.2 No Liability for AI: You assume full responsibility for verifying and acting on any automated or AI-generated outputs. We are not liable for any decisions, losses, or damages resulting from your reliance on such features, including errors, biases, or omissions.
8.1 Your Content: You are solely responsible for all content you input or provide, including notes, client data, and logos submitted for white-label customization (“User Content”).
8.2 Content Restrictions: You may not input User Content that is unlawful, defamatory, obscene, infringing, or otherwise objectionable. You represent that you have all necessary rights to provide logos or other materials for our use in white-label services.
8.3 Our Role: We may upload logos on your behalf for white-label customization but are not liable for their use, display, or any third-party claims arising from them. We reserve the right to remove any User Content that violates these Terms or applicable law, at our sole discretion, without notice or liability.
9.1 Prohibited Actions: You may not misuse the Service. Prohibited actions include, but are not limited to:
9.2 Termination Rights: We may suspend or terminate your account at our sole discretion, with or without cause, and without notice. Terminated accounts lose access to all features and data.
9.3 No Liability for Termination: You waive any claims arising from suspension or termination, including for lost data, revenue, or business opportunities.
10.1 Our Property: All source code, workflows, branding, architecture, interface design, and related content are owned exclusively by QwkLiink CRM LLC. You may not copy, rebrand, reproduce, redistribute, resell, modify, or create derivative works from any part of the Service.
10.2 Limited License: We grant you a non-exclusive, non-transferable, revocable license to use the Service for your internal business purposes, subject to these Terms.
10.3 White-Label Logos: Logos you provide for white-label customization remain your property, but you grant us a non-exclusive, worldwide, royalty-free license to use, display, and modify them solely to provide the Service.
11.1 External Services: The Service may include or generate links to third-party websites, apps, or integrations. We are not responsible for their functionality, policies, content, or availability.
11.2 Your Risk: You access third-party services at your own risk and agree we are not liable for any issues arising from their use.
12.1 Reasonable Efforts: We use commercially reasonable efforts to secure the Service but do not guarantee absolute security. You acknowledge that breaches, attacks, or unauthorized access may occur and release us from liability.
12.2 Notification: We will notify you of any confirmed security breach affecting your account as required by law, but we are not liable for delays or losses resulting from such incidents.
13.1 No Indirect Damages: To the fullest extent permitted by law, QwkLiink CRM LLC, its owners, employees, agents, and affiliates will not be liable for any indirect, incidental, punitive, special, or consequential damages, including but not limited to loss of leads, clients, revenue, profits, productivity, or data—even if advised of the possibility.
13.2 Liability Cap: Our total liability for any claim arising from these Terms or your use of the Service will not exceed the amount you paid us for the Service in the twelve (12) months prior to the event giving rise to the claim. This cap applies to all claims, whether in contract, tort, or otherwise.
13.3 No Equitable Relief: You waive any right to seek injunctive or other equitable relief against us, such as orders to restore access, modify the Service, or disclose information, except as required by law.
14.1 Your Obligation: You agree to indemnify, defend, and hold harmless QwkLiink CRM LLC, its owners, employees, agents, and affiliates from any claims, losses, damages, liabilities, or expenses (including reasonable legal fees) arising from:
15.1 Your Responsibility: You are solely responsible for ensuring your use of the Service complies with all applicable federal, state, and local laws, including but not limited to:
15.2 No Representations: We make no representations or warranties regarding the Service’s compliance with such laws, and you agree to indemnify us for claims arising from your non-compliance.
16.1 Independent Parties: Nothing in these Terms creates an agency, partnership, joint venture, or employment relationship between you and QwkLiink CRM LLC. You have no authority to act on our behalf or bind us in any way.
17.1 Excused Performance: We are not liable for any delay or failure to perform due to causes beyond our reasonable control, including but not limited to natural disasters, war, terrorism, pandemics, power outages, internet or cloud service disruptions, third-party provider failures, government actions, labor disputes, economic downturns, or supply chain disruptions.
18.1 Binding Arbitration: All disputes arising from these Terms or your use of the Service will be resolved exclusively through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.
18.2 Location: Arbitration will take place in El Paso County, Colorado, unless we agree otherwise in writing. You waive any objection to this venue as inconvenient or improper.
18.3 Individual Basis: Disputes will be resolved on an individual basis. You waive any right to:
18.4 Acknowledgment: You expressly acknowledge and agree that disputes will be resolved through individual arbitration in El Paso County, Colorado, and that you are knowingly waiving class action and jury trial rights.
18.5 Attorney’s Fees: The prevailing party in any dispute shall be entitled to recover its reasonable attorney’s fees, arbitration costs, and related expenses from the non-prevailing party, to the extent permitted by law.
18.6 Time Limit for Claims: Any claim or dispute must be filed within one (1) year from the date the cause of action accrues, or it will be permanently barred, to the extent permitted by law.
19.1 Colorado Law: These Terms and your use of the Service are governed exclusively by the laws of the State of Colorado, without regard to its conflict of law principles.
20.1 Updates: We may update these Terms at any time, with or without notice. Updates are effective immediately upon posting on our website or dashboard. Continued use of the Service constitutes acceptance of the updated Terms.
20.2 Review: A current version of these Terms is always available via a permanent link in the dashboard and website footer. We encourage you to review them periodically.
21.1 Consent: You must affirmatively agree to these Terms during signup, either by checking a box or clicking “I Agree.” If you do not agree, you may not use the Service.
21.2 Access to Terms: These Terms are accessible at all times via the dashboard and website footer. You acknowledge having the opportunity to review them before using the Service.
22.1 Legal Notices: For legal notices or questions about these Terms, contact us at:
22.2 Support: For non-legal inquiries, use the support options provided in the dashboard.
23.1 Complete Agreement: These Terms, including any policies linked herein, represent the entire agreement between you and QwkLiink CRM LLC regarding the Service, superseding any prior agreements or communications.
23.2 Severability: If any provision of these Terms is found invalid or unenforceable, the remaining provisions will remain in full force and effect.
24, Email Campaigns:
24.1 You are solely responsible for the content, recipient lists, and compliance of emails sent through the Service. Emails are sent using your provided SMTP servers (e.g., Gmail, custom servers), making you the legal sender.
24.2 You must comply with all applicable laws, including CAN-SPAM (e.g., include unsubscribe links, accurate sender info) and GDPR (e.g., obtain recipient consent)
24.3 QwkLink automatically includes unsubscribe links in emails, which cannot be removed. Unsubscribed contacts cannot be re-added to campaigns without their consent.
24.4 Liability
24.4a QwkLink is not liable for email delivery issues, account suspensions (e.g., Gmail), or legal violations caused by your content or actions.
24.4b You indemnify QwkLink against claims arising from your use of the Service, including spam complaints or non-compliance.
24.5 Security
24.5a .You are responsible for securing your email credentials (e.g., Gmail OAuth2 tokens, custom server passwords). QwkLink encrypts stored data but is not liable for breaches caused by your negligence.
24.6 Usage
24.6a You agree not to use the Service for illegal activities (e.g., spam, phishing). QwkLink may suspend accounts for misuse.
QwkLink CRM is a product of QwkLiink CRM LLC, proudly based in Colorado.