Platform Subscription Terms

1. About these Terms

These Platform Subscription Terms (“Terms”) govern your access to and use of the DCRM platform and all associated services (the “Platform”), operated by SaaS Global Pte Ltd (UEN 202322132C) (“DCRM”, “we”, “us”, “our”).

By creating an account, activating, paying for, or continuing to use the Platform, you (or the business entity you represent) agree to be bound by these Terms, together with the DCRM Privacy Policy, the DCRM Data Processing Agreement, and the DCRM End User Licence Agreement (collectively, the “Agreement”). In the event of a conflict between these Terms and any other document in the Agreement, these Terms prevail unless a separately executed written agreement expressly states otherwise.

These Terms apply to all users of the Platform, including customers who purchase access and their authorised end users and sub-account holders.

2. Account registration

2.1 Eligibility

You must be at least 18 years old to create an account or use the Platform. By accepting these Terms you represent that you meet this requirement and, where acting on behalf of a business entity, that you have authority to bind that entity.

2.2 Accurate information

You must provide complete, current, and accurate information during registration and keep it updated throughout the term of your account. DCRM reserves the right to suspend or terminate accounts where information is found to be false or misleading.

2.3 Account security

You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. You must notify DCRM immediately at eric@dcrm.io upon becoming aware of any unauthorised access. DCRM reserves the right to disable login credentials at any time where it reasonably suspects a breach of these Terms or a security risk.

2.4 Account ownership

The individual who accepts these Terms owns the account unless acting on behalf of a business entity, in which case the entity is the owner. DCRM is not responsible for disputes between individuals and entities regarding account ownership.

2.5 Onboarding sign-off and constructive approval

Where DCRM completes the initial account setup, standard automation workflow configuration, module activation, or any other onboarding work for you (each an “Onboarding Item”), DCRM will notify you in writing that the Onboarding Item is ready for review. You must review and respond in writing within five (5) business days of that notification.

If you do not provide written approval, written rejection, or written change requests within that five (5) business day window, the Onboarding Item is deemed accepted as configured. DCRM may proceed to activate, bill for, and operate the Onboarding Item on that basis. A response is only effective if it (i) is in writing, (ii) is received by DCRM within the window, and (iii) identifies the specific changes or concerns. A holding response does not stop the window from running.

Deemed acceptance under this section does not apply to: (i) any configuration that requires your sign-off in your capacity as a registered health practitioner under AHPRA or any equivalent professional regulator; (ii) any item that DCRM identifies in writing as requiring express written approval; and (iii) any item where you have, within the window, given written notice of a good-faith concern requiring further discussion.

Nothing in this section relieves you of your independent obligations under applicable law, professional advertising rules, or your own clinical and operational policies in respect of any communications, content, or automations operated through the Platform.

3. Fees and payment

3.1 Subscription fees

You agree to pay the subscription fees applicable to your selected plan as displayed on the Platform or in any order form. Fees are charged in advance on a monthly or annual basis as selected at purchase.

3.2 Communication and consumable surcharges

Use of communications, AI, and automation features incurs consumable charges in addition to your subscription fee. Charges are deducted from your pre-funded wallet as usage occurs. All rates are in USD and are exclusive of GST and any applicable taxes.

3.3 Taxes

All fees are exclusive of applicable taxes. You are responsible for all taxes, levies, or duties imposed by authorities in your jurisdiction in connection with your use of the Platform.

3.4 Failed payment and suspension

If any payment fails or is not received by its due date, DCRM may suspend access to the Platform with immediate effect. DCRM is not liable for any loss or business interruption caused by a suspension resulting from non-payment.

3.5 No refunds

All fees paid are non-refundable except where required by applicable law or expressly stated otherwise in writing by DCRM. Unused subscription periods are not refunded upon cancellation or termination.

3.6 Fee changes

DCRM may change subscription fees at any time by providing at least 30 days written notice. Your continued use of the Platform after the notice period constitutes acceptance of the revised fees.

4. Acceptable use

You must only use the Platform for lawful purposes and in accordance with these Terms. You are fully responsible for your own conduct and for the conduct of your employees, agents, contractors, and customers who access the Platform through your account.

You must not use the Platform to:

• send unsolicited commercial communications or any communication that does not comply with applicable anti-spam, telecommunications, or consumer protection laws in the recipient’s jurisdiction;
• transmit content that is unlawful, defamatory, discriminatory, harassing, threatening, obscene, or otherwise objectionable;
• misrepresent the Platform, DCRM, or SaaS Global Pte Ltd to any third party;
• attempt to gain unauthorised access to any part of the Platform or any third-party system connected to it;
• introduce malicious code, viruses, or software that may damage or interfere with the Platform;
• reverse engineer, decompile, or otherwise attempt to derive source code from the Platform;
• resell, sublicence, or transfer access to the Platform to a third party without DCRM’s prior written consent; or
• violate any applicable law, regulation, or professional code of conduct.

You must make these Terms available to your employees, agents, and customers who use the Platform and confirm that they understand they are subject to these Terms.

5. Third-party APIs and platform dependencies

5.1 Underlying infrastructure: Go High Level (GHL)

The DCRM platform is built on and operated through Go High Level (GHL) software infrastructure. SaaS Global Pte Ltd operates as a white-label account holder on that platform. Your sub-accounts, automations, funnels, phone numbers, and data reside within SaaS Global’s GHL account. You acknowledge this structure and accept that the continuity and functionality of the Platform is dependent on the ongoing availability of GHL.

5.2 Third-party API risk

The Platform integrates with third-party application programming interfaces (APIs) and services including but not limited to Google, Meta, OpenAI, telecommunications carriers, and payment processors (collectively, “Third-Party APIs”). You acknowledge and accept that:

• Third-Party APIs are provided by independent parties over whom DCRM has no control;
• Third-Party APIs may be modified, deprecated, rate-limited, suspended, or discontinued at any time without notice to DCRM or to you;
• changes to Third-Party APIs may cause features of the Platform to degrade, malfunction, or become unavailable, either temporarily or permanently;
• DCRM does not warrant the availability, accuracy, reliability, or performance of any Third-Party API; and
• any remediation work required following a breaking change to a Third-Party API is outside the scope of your subscription and may attract additional fees.

5.3 AI and machine learning features

The Platform may incorporate features powered by artificial intelligence or machine learning tools provided by third parties, including OpenAI. You accept that:

• AI-generated outputs may be inaccurate, incomplete, or unsuitable for your purposes (“hallucination”);
• you are solely responsible for reviewing, approving, and validating any AI-generated content before use, publication, or distribution;
• DCRM does not guarantee the accuracy, completeness, or fitness for purpose of any AI-generated output; and
• AI providers may change their models, outputs, or availability at any time, affecting AI features within the Platform.

5.4 Platform Dependency Event

A “Platform Dependency Event” means any material disruption, discontinuation, or breaking change to the GHL infrastructure or any Third-Party API that materially impairs DCRM’s ability to deliver the Platform. In such an event, DCRM will notify you in writing as soon as reasonably practicable and use reasonable endeavours to restore or migrate affected functionality within 90 days. DCRM is not in breach of these Terms by reason of disruption directly caused by a Platform Dependency Event, and you must not terminate your account solely on that basis during the migration period.

5.5 No liability for third-party failures

DCRM is not responsible or liable for any loss, damage, interruption, or failure arising from the acts, omissions, outages, policy changes, or discontinuation of any Third-Party API or infrastructure provider, including GHL, Google, Meta, OpenAI, or any telecommunications carrier.

6. Communication services

6.1 Technology provider only

DCRM is a technology platform communication service provider only. DCRM does not originate, send, deliver, or take responsibility for the content of any SMS, MMS, email, voice call, or other communication sent through the Platform. All such communications are originated and sent by you.

6.2 Your compliance obligations

You are exclusively responsible for ensuring that all communications comply with all applicable laws in the recipient’s jurisdiction, including:

• Australia: Spam Act 2003 (Cth), Telecommunications (Consumer Protection and Service Standards) Act 1999, and ACMA guidelines;
• United States: Telephone Consumer Protection Act (TCPA) and CAN-SPAM Act;
• Singapore: Spam Control Act 2007 and Personal Data Protection Act 2012; and
• all other jurisdictions: applicable anti-spam, telecommunications, and consumer protection laws.

6.3 Consent requirements

You must obtain all legally required consents and opt-ins from recipients before sending any communication through the Platform. You warrant that you hold valid consents for all contacts in your database and that those consents meet the requirements of the applicable laws in each recipient’s jurisdiction.

6.4 Carrier filtering and delivery

SMS and voice communications are delivered via third-party telecommunications carriers. Carriers may filter, block, or delay communications at their discretion. DCRM is not liable for any filtering, blocking, delivery failure, or delay imposed by a carrier, and no refund of communication surcharges is provided for filtered or undelivered messages.

6.5 Call recording

The Platform provides tools for recording and transcribing calls. You warrant that you have provided all legally required notices and obtained all necessary consents from all parties before activating call recording. DCRM is not responsible for your failure to comply with applicable call recording laws in any jurisdiction.

7. Intellectual property

7.1 DCRM ownership

The Platform and all associated content, workflows, automation structures, Snapshots, campaign logic, scripts, templates, documentation, trademarks, and know-how are the property of SaaS Global Pte Ltd or its licensors. Nothing in these Terms transfers any intellectual property rights to you.

7.2 Licence to use

Subject to your compliance with these Terms and payment of fees, DCRM grants you a limited, non-exclusive, non-transferable, non-sublicensable licence to access and use the Platform for your internal business purposes during the term of your subscription.

7.3 Anti-cloning

All proprietary workflows, automation structures, Snapshots, campaign logic, and scripts provided by DCRM remain the exclusive property of SaaS Global Pte Ltd. You are strictly prohibited from exporting, cloning, or replicating these structures to any platform instance or sub-account not managed by SaaS Global Pte Ltd. You are also prohibited from using the Platform or any DCRM content to train, fine-tune, or evaluate any artificial intelligence or machine learning model.

7.4 Your content

You retain ownership of all data, content, and materials you upload to the Platform (“User Contributions”). By uploading User Contributions, you grant DCRM a non-exclusive licence to use, process, and store that content solely as necessary to provide and improve the Platform. You warrant that you own or have the right to use all User Contributions and that they do not infringe any third-party rights.

7.5 Feedback

If you provide feedback or suggestions to DCRM, you grant DCRM a perpetual, irrevocable, royalty-free licence to use that feedback without restriction or compensation.

7.6 Marks

DCRM trademarks and branding may not be used without prior written consent from SaaS Global Pte Ltd. You must not remove any DCRM trademarks, proprietary notices, or attribution information from the Platform or any Platform content.

8. Privacy and data

By using the Platform, you consent to DCRM’s handling of information in accordance with the DCRM Privacy Policy and Data Processing Agreement, both available at dcrm.io and incorporated into these Terms by reference.

When you provide your customers with access to the Platform, you must maintain your own privacy policy providing a level of protection at least equal to that provided by DCRM. You must have a lawful basis for all personal data you process through the Platform and must obtain all required consents from your customers.

DCRM is not liable for interception of or loss of your data while in transit via the internet or telecommunications networks, which are inherently insecure.

9. Warranties and disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND. DCRM EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED OR ERROR-FREE, PRODUCE EFFECTIVE OR RELIABLE RESULTS, OR THAT AI-GENERATED OUTPUTS WILL BE ACCURATE OR SUITABLE FOR ANY PURPOSE.

DCRM reserves the right to modify or discontinue the Platform, including any services, features, or pricing, at any time with or without notice.

10. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DCRM AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE PLATFORM.

DCRM’s total aggregate liability for all claims arising under these Terms shall not exceed the total fees paid by you to DCRM in the twelve (12) months immediately preceding the event giving rise to the claim.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded, including liability for death or personal injury caused by negligence or fraud.

11. Indemnification

You agree to indemnify, defend, and hold harmless SaaS Global Pte Ltd and its officers, directors, employees, agents, and licensors from and against all claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in connection with:

• your use of the Platform or User Contributions;
• your breach of these Terms;
• your failure to obtain required consents for communications or data processing;
• any claim by a third party arising from communications you sent using the Platform; or
• your violation of any applicable law or third-party right.

12. Term and termination

12.1 Term

These Terms commence when you create an account or first use the Platform and continue until your account is terminated.

12.2 Termination by you

You may cancel your account by providing a minimum of 30 days written notice to DCRM at eric@dcrm.io, or through the Platform settings where that option is available. Cancellation takes effect at the end of the notice period or the end of the current billing period, whichever is later. No refund is provided for any unused prepaid period.

12.3 Termination by DCRM

DCRM may terminate or suspend your access immediately and without notice for breach of these Terms, failure to pay, or for any other reason at its sole discretion. DCRM is not liable for any loss resulting from such termination.

12.4 Effect of termination

Upon termination, your right to access the Platform ceases immediately. You are responsible for exporting any data you require before termination. DCRM may delete your account data in accordance with its data retention policies. Provisions that by their nature survive termination continue to apply.

13. Injunctive relief

You agree that a breach of these Terms may cause irreparable harm to DCRM for which monetary damages would not be an adequate remedy. DCRM shall be entitled to seek injunctive or other equitable relief from a court of competent jurisdiction without being required to post a bond or other security, and without prejudice to any other rights or remedies available at law.

14. Waiver and severability

No waiver by DCRM of any term or condition shall be deemed a continuing waiver of that term or condition or a waiver of any other term or condition. Any failure by DCRM to assert a right under these Terms shall not constitute a waiver of that right.

If any provision of these Terms is held to be invalid, unlawful, or unenforceable, it shall be modified to the minimum extent necessary to make it enforceable, or severed if it cannot be so modified. The remaining provisions continue in full force and effect.

Nothing in these Terms creates any partnership, agency, joint venture, employment, or fiduciary relationship between you and us.

15. Changes to Terms

DCRM may update or modify these Terms at any time. For material changes, DCRM will provide at least 30 days written notice by email to the address on your account or by prominent notice within the Platform. Minor or administrative changes take effect immediately upon posting.

Your continued use of the Platform after the notice period constitutes acceptance of the updated Terms. If you do not accept the changes, you must cancel your account before they take effect.

DCRM may assign its rights and obligations under these Terms at any time without notice. You may not assign your rights without DCRM’s prior written consent.

16. Governing law and disputes

These Terms are governed by and construed in accordance with the laws of Singapore. The parties submit to the non-exclusive jurisdiction of the courts of Singapore for any dispute arising out of or in connection with these Terms.

The parties agree to attempt to resolve any dispute in good faith through direct negotiation for 20 business days following written notice before initiating formal proceedings. This obligation does not prevent either party from seeking urgent injunctive or other equitable relief in accordance with section 13.

17. Notices

All formal notices to DCRM under these Terms must be sent by email to eric@dcrm.io. Notices are effective on confirmed receipt.

DCRM may contact you at the primary email address associated with your account or by notice posted within the Platform. You are responsible for keeping your contact information current. DCRM will never request confidential information such as passwords or payment credentials by email.

18. Definitions

© SaaS Global Pte Ltd. All rights reserved. UEN 202322132C. Trading as DCRM.

Platform Subscription Terms v2.0. Replaces Terms of Service v1.1 of April 2023.