Terms of Service — Ninja Prospecting CRM

A workspace is created by a Customer and administered by the users it designates as administrators. Administrators control who may join, what each member may see and do, and which integrations are enabled. You are responsible for keeping your sign-in method secure and for the activity that occurs under your account. You must be at least 16 and able to form a binding agreement.

As between the Customer and Gigadev, the Customer retains its rights in the data its users enter into or connect to the Service (“Customer Data”), subject to the rights of others. This includes data about the Customer’s prospects and contacts. The Customer is responsible for having a lawful basis to collect and use that data and for honoring the rights of the people it describes. We process Customer Data to provide, secure, maintain, and support the Service, as described in the Privacy Policy and on the Customer’s instructions. A Data Processing Agreement (“DPA”) is available on request at support@ninjaprospectingcrm.com and takes effect as stated in that document. Before providing Customer Data that requires an EU or UK international-transfer mechanism, the Customer must contact Gigadev and receive written confirmation that the required arrangements are in place.

Users may connect their own Gmail, Outlook, Google Calendar, or Outlook calendar accounts. By connecting an account, you authorize the Service to access it as described in the Privacy Policy while it remains connected and the workspace is active. Connected messages and CRM meeting records may be visible to other members of your workspace according to its permissions. You may disconnect at any time in Settings or from the provider’s account-permissions page. Disconnecting stops further access but does not delete information already filed in the workspace.

Use of Google data is subject to the Google API Services User Data Policy, including its Limited Use requirements; use of Microsoft data is subject to Microsoft’s terms. Before Gigadev personnel read specific Google messages, files, or other data for support, we obtain and record the connected user’s affirmative permission, unless review is necessary for security or required by law. General acceptance of these Terms does not supply that permission.

The optional browser extension records LinkedIn activity that you view in your own browser into your workspace. It is observe-only and never acts on LinkedIn on your behalf. You are responsible for your own compliance with LinkedIn’s User Agreement when you choose to use it; we do not control LinkedIn and cannot guarantee that LinkedIn will permit its use. Its data handling is described in the extension privacy policy.

You agree not to:

• Use the Service to send unsolicited bulk email or messages, or in breach of anti-spam or privacy law;
• Upload malicious code, or attempt to probe, disrupt, or gain unauthorized access to the Service or another workspace;
• Use the public API or extension in a way that circumvents rate limits, permissions, or isolation between workspaces;
• Resell or sublicense the Service, or use it to build a competing product by copying its features or content; or
• Enter data you do not have the right to hold or process.

We may suspend a workspace or user that we reasonably believe is breaching these Terms, and will tell the Customer’s administrators why unless the law prevents it.

Pricing. Fees, billing periods, and any free or beta period are set out in the Customer’s order, accepted plan, or written agreement. These Terms do not override written pricing or free-access commitments confirmed by Gigadev, including launch-price protection and grandfathered-use rights. Unless otherwise stated, subscription fees are charged in advance.

Payment processing. Gigadev provides and licenses the Service and is the seller of subscriptions to it. Stripe processes payments and stores payment-card details as described in its privacy policy; Gigadev does not receive or store full card numbers. Gigadev issues receipts and processes refunds. The cancellation and refund commitments below are Gigadev’s commitments to the Customer.

Taxes. Fees exclude applicable sales, use, value-added, and similar taxes, subject to the written pricing commitments preserved above. Where Gigadev is required to collect a tax, the applicable tax and total charge will be shown before purchase and on the receipt.

Automatic renewal. Monthly and annual subscriptions renew automatically for successive periods of the same length at the applicable subscription price unless canceled before the next scheduled renewal. The Customer authorizes recurring charges for those renewals. The accepted plan or checkout identifies the price and billing period. Gigadev will send an advance reminder for each annual renewal identifying the Service, renewal date and price, and how to cancel, and will provide any other renewal notices required by applicable law.

Cancellation and refunds. You may cancel through the billing portal in your workspace settings or by emailing support@ninjaprospectingcrm.com any time before the next scheduled renewal. A cancellation is effective for this purpose when submitted through the portal or received at that email address, even if processed later. Cancellation stops the next renewal; access continues through the period already paid. If a renewal charge is made despite a cancellation submitted before the scheduled renewal, Gigadev will refund that renewal charge in full.

If the Customer requests a refund within 14 days after its first paid subscription charge, Gigadev will refund that charge in full. Requests may be sent to support@ninjaprospectingcrm.com. This refund is available once per Customer and does not apply to renewal charges or charges for users added after the initial subscription purchase. Refunding the first charge cancels future renewals of that subscription and ends the access purchased with that charge when the refund is issued. This does not shorten any separately paid access period or end independent free-access rights preserved above. Section 10 applies when Service ends. Otherwise, fees are non-refundable unless an applicable written agreement, including an effective DPA, or applicable law requires a refund.

Price changes. We will give at least 30 days’ notice before a price increase takes effect. An increase applies at renewal, does not change a period already paid for, and remains subject to any applicable launch-price protection or other written pricing or free-access commitment. The Customer may cancel before renewal if it does not wish to continue at the new price.

We work to keep the Service available and to fix faults promptly, but do not guarantee uninterrupted operation, and we may take the Service down for maintenance. Support is provided by email at support@ninjaprospectingcrm.com during normal business hours. Any service-level commitment applies only if written into the Customer’s order or agreement.

The Customer authorizes Gigadev to access its workspace as reasonably needed for requested support or security issues. In-application operator access to a workspace is limited to named personnel using two-factor authentication, with sessions limited to one hour and logged. Direct database and hosting-console access is protected by multi-factor authentication but is not subject to those in-application session limits or per-workspace logging. The Google-data restrictions in Section 3 apply to all access methods. Ninja Prospecting personnel have no built-in access to Customer Data; a Customer administrator must invite them and may remove them at any time. Their access is limited to granted permissions and applicable connected-account requirements.

Gigadev and its licensors retain their respective rights in the Service, software, design, documentation, and branding. The Ninja names and logos are used under license from their owners. Subject to these Terms and the applicable subscription or free-access arrangement, the Customer and its authorized users may use the Service for the Customer’s business purposes. The Customer retains its rights in Customer Data and grants us only the rights needed to provide the Service. Feedback you give us about the Service may be used without obligation to you.

Each party will keep the other’s non-public information confidential and use it only for the purposes of these Terms, except where disclosure is required by law.

These Terms govern the Customer’s use of the Service. Subscription cancellation is handled under Section 6. The Customer may also request earlier closure and deletion of its workspace by contacting support@ninjaprospectingcrm.com; closure stops future renewals but does not create a right to a refund for unused time beyond Section 6. We may terminate for material breach that is not cured within 30 days of notice, or for non-payment.

When service ends, the workspace is disabled and users cannot sign in. Unless the Customer requests earlier deletion, we retain Customer Data for at least 30 days after service ends and provide an export on request to support@ninjaprospectingcrm.com during that period. We delete Customer Data from active systems within 90 days after service ends, except data that law requires us to retain. Separate account-administration, billing, support, and security records may be retained only as described under “Other Records” in Section 6 of the Privacy Policy. Routine database backups expire through the rolling backup cycle, currently seven days. Legally required retained data remains protected and is used only for that purpose. Section 6 of the Privacy Policy explains how integrations and incoming Bcc emails are handled after a workspace is disabled.

The Service is provided “as is” and “as available.” To the fullest extent permitted by law, we disclaim all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement, and we are not responsible for decisions made in reliance on data in the Service or for the acts of third-party providers such as Google, Microsoft, or LinkedIn.

To the fullest extent permitted by law, neither party is liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, or data, and our total liability arising out of the Service in any 12-month period will not exceed the fees the Customer paid for the Service in that period. These limits do not apply to fraud, willful misconduct, or to liability that cannot be limited by law.

These Terms are governed by Idaho law and applicable United States federal law, without regard to conflict-of-law rules, and disputes will be brought in the state or federal courts in Idaho. If any provision is unenforceable, the rest remain in effect. These Terms, the Privacy Policy, any effective DPA, and the Customer’s order or agreement are the entire agreement concerning the Service. A signed agreement with the Customer prevails over conflicting Terms; an effective DPA governs conflicts concerning processing of Customer Data. The written pricing and free-access commitments described in Section 6 remain controlling on those subjects.

We may update these Terms by posting a new version with a new version date. Material changes will be announced in the application and, for existing Customers, take effect no sooner than 30 days after notice unless the Customer affirmatively agrees to an earlier effective date. Changes do not retroactively alter accrued rights or override the commitments preserved in Section 6.

Questions about these Terms:

Email: support@ninjaprospectingcrm.com. The Service is operated by Gigadev, LLC (scott.shepherd@gigadev.net).

Mailing address: Gigadev, LLC, 9169 W State St, Box 2484, Boise, ID 83714.