Terms of Service

1. Who we are and what this covers

Black Belt CRM is membership management software provided by Anexan Solutions, Inc. (“Anexan”, “we”, “us”). These terms form an agreement between Anexan and the business that subscribes to the service (“you”). They cover the software, the website at https://blackbeltcrm.com, and any support we provide with them.

You accept these terms by subscribing, by starting a trial, or by using the service. If you are accepting on behalf of a business, you confirm you are authorised to bind it.

This agreement is between businesses. Your members are not party to it, and nothing here creates rights for them against us — their relationship is with you.

2. The service and your licence

We grant you a non-exclusive, non-transferable right to use Black Belt CRM for the duration of your subscription, for running your own business. The right is not a sale, and we keep everything we have not expressly given you.

You may not:

• copy, modify, translate, reverse engineer or create derivative works from the software;
• rent, lease, resell, sublicense or provide it as a service to anyone else;
• remove or obscure our trademarks, logos or proprietary notices;
• attempt to reach another customer’s data, or any part of the system you have not been given access to;
• probe, scan or load-test the service without our written permission.

3. Your account

Each person who uses the service gets their own sign-in. You are responsible for keeping credentials confidential and for what happens under them, so give each person their own rather than sharing one.

Tell us promptly if you believe an account has been compromised. We may suspend access without notice where we reasonably believe it is necessary to protect the service or other customers, and we will tell you why as soon as we can.

4. Fees, trial, renewal and cancellation

Your subscription price depends on the number of active and suspended members you manage and the number of locations you run. Current prices are published on our pricing page, and the price that applies to you is the one shown when you subscribe.

All amounts are in United States dollars (USD). Every price on this website and every invoice we issue is stated and charged in USD, wherever your business is located. We do not price, quote or bill in any other currency. If your card or bank account is held in a different currency, your own provider performs the conversion at their rate and may add their own fees; those are between you and them, and the amount we charge is the USD amount shown.

The trial. The trial runs for 30 days, does not ask for a card, and does not convert into a paid subscription on its own. Nothing is charged unless you choose to subscribe and provide payment details. If you do nothing, the trial simply ends.

Renewal. Paid subscriptions run month to month and renew automatically at the start of each billing cycle until you cancel. We tell you the price and the renewal terms before you subscribe, and again whenever they change.

Cancelling. You can cancel at any time, and you can do it the same way you signed up — no phone call and no retention conversation. Cancellation takes effect at the end of the billing cycle you have already paid for, and you keep access until then. We do not refund part-used periods.

Billing and tax. Anexan Solutions, Inc. bills your subscription, and the charge on your statement is in the Anexan name rather than the product name. Prices exclude sales tax, VAT and similar charges unless stated; where we must collect them, they are added to your invoice.

Price changes. We may change prices, and we will give you at least 30 days’ notice before a change affects you. If you do not want to continue at the new price, cancel before it takes effect.

Late payment. Overdue amounts may carry interest at 1.5% per month, or the maximum the law allows, whichever is lower. If an account stays unpaid we may suspend it after giving you notice.

5. Who owns the data

Your data stays yours. Everything you and your team enter — member records, families, attendance, billing history, notes — belongs to you. We do not sell it, we do not share it with other customers, and we do not use it to train anything.

We use it only to run the service for you, to keep it secure, and to support you when you ask. We also produce aggregated, anonymised statistics about how the service is used, in a form that cannot identify you, your business or any member.

The software stays ours. Black Belt CRM, its code, design and documentation, and every improvement to them, remain the property of Anexan.

6. Data protection

For the personal data of your members, you are the controller and we are the processor. In plain terms: you decide what is collected and why, and we handle it on your instructions. That distinction decides most of what follows, including who a parent should approach with a question.

When we process member data on your behalf, we:

• act only on your documented instructions, including where the law requires otherwise — in which case we tell you first, unless we are forbidden from doing so;
• make sure the people who handle it are bound by confidentiality;
• keep appropriate technical and organisational security measures in place;
• use subprocessors only as described below, under written terms no weaker than these;
• help you respond when a member asks for access, correction, deletion or a copy of their data;
• help you with security assessments and with notifying regulators or individuals where that is required;
• tell you without undue delay after becoming aware of a personal data breach affecting your data, with what we know at the time;
• delete or return the data at the end of the agreement, as described in section 16;
• give you the information you reasonably need to show that we are meeting these obligations.

Subprocessors. We use a small number of providers to run the service: a text message provider, a mail provider that delivers the email you send to your members, a hosting provider, and a payment provider that processes the subscription you pay us. We will give you notice before adding or replacing a subprocessor, and you may object on reasonable data-protection grounds. A current list naming each one is available on request — write to us and we will send it.

Payments you take from your own members run through your own merchant account and payment provider. Those are yours, not subprocessors of ours.

Where data is held. The service is operated from the United States. If you are in the United Kingdom or the European Economic Area, that means your data is transferred outside your region. We rely on the European Commission’s Standard Contractual Clauses, and the UK Addendum where the UK applies, as the transfer mechanism. We rely on these clauses rather than on an adequacy finding alone, because adequacy arrangements between the EU and the US have been overturned twice before and the current one is under appeal.

7. Children’s data

Many members of a membership business are children, so it is worth being exact about who is responsible for what.

Black Belt CRM is sold to businesses, and children are not users of it. They do not have accounts, they do not sign in, and they never provide anything to us. A record about a child exists only because you entered it in the course of running your business.

The member relationship is yours, and so are the permissions that go with it. You decide what to record about a member and why. You hold the relationship with them and with their parent or guardian. You are responsible for obtaining any consent or permission the law where you operate requires, and for the notice you give your own members about how you handle their information. By entering data you confirm you have the right to hold it and to give it to us to process on your behalf.

We will not contact your members, market to them, or use their records for anything other than providing the service to you.

A parent who wants to see, correct or delete their child’s record should ask you, because it is your record and your decision. If one contacts us directly, we will refer them to you and let you know.

If it is useful, we publish a member privacy notice template you can adapt. It is a starting point, not legal advice, and your own attorney should approve it before you use it.

8. Messages you send through the service

The service can send email and text messages to your members. Those are your messages: you decide who receives them and what they say, and you are responsible for having permission to send them.

That means collecting consent before sending marketing messages, honouring opt-outs promptly, keeping a record of consent, and following the rules that apply where your members are — the Telephone Consumer Protection Act and CAN-SPAM in the United States, PECR and GDPR in the UK and EU, and CASL in Canada among them. Text recipients must be able to stop messages by replying STOP and get help by replying HELP. Message and data rates may apply to them.

We may suspend messaging if we reasonably believe it is being used without proper consent, because the consequences fall on the sending number and therefore on other customers too.

9. Acceptable use

You agree not to use the service to:

• break the law, or infringe anyone’s rights;
• store or send malware, or anything designed to disrupt a system;
• send unsolicited marketing, or messages to people who have opted out;
• harass, threaten or defraud anyone;
• upload personal data you have no right to hold or to give to us.

We may remove content or suspend access where we reasonably believe this section has been breached, and we will tell you why.

10. Availability, support and maintenance

We aim to keep the service available at all times and treat downtime as urgent. We do not offer a contractual uptime guarantee or service credits, and we would rather say so plainly than imply a commitment we have not made.

Support is available by email at any time, and we reply on the next working day. Sales and account questions can also be taken by phone during published business hours. Consulting, customisation and data work beyond ordinary support are quoted separately.

We maintain and update the service, which occasionally means brief interruptions. We schedule planned work outside peak hours where we can and give notice in advance where the impact is more than momentary.

11. Confidentiality

Each of us may learn confidential information belonging to the other. Each of us agrees to protect it with at least reasonable care, to use it only for this agreement, and to share it only with people who need it and are under similar obligations.

This does not apply to information that is public through no fault of the receiver, was already known, or is independently developed. If the law compels disclosure, the party compelled will tell the other first where it is permitted to.

12. Intellectual property and feedback

We keep all rights in the service. You keep all rights in your data and your content.

If you send us a suggestion, we may use it to improve the service without owing you anything for it. This keeps us free to act on good ideas, and it does not give us any right to your data.

We will not use your name or logo publicly without your permission.

13. Warranties and disclaimers

We warrant that we will provide the service with reasonable skill and care, and that we have the right to license it to you.

Beyond that, the service is provided “as is”. We do not warrant that it will be uninterrupted or error-free, or that it will meet every requirement you have. Information on our website is general and is not legal, tax or accounting advice.

Nothing in this section limits rights you have under law that cannot be excluded.

14. Limits on liability

Neither of us is liable for indirect or consequential loss, or for lost profits, lost revenue, lost goodwill or business interruption, even if the possibility was known.

Each party’s total liability under this agreement is limited to the fees paid or payable in the twelve months before the claim arose. These limits are part of how the service is priced.

They do not apply to: death or personal injury caused by negligence; fraud or fraudulent misrepresentation; a party’s indemnity obligations; your obligation to pay fees; or anything else that cannot lawfully be limited. Several of these cannot be excluded in the UK or EU, and a limit that tried to would risk being struck out altogether.

15. Indemnities

We will defend you against a third-party claim that the service infringes their intellectual property, and pay damages finally awarded, provided you tell us promptly and let us handle it. If the service becomes subject to such a claim we may modify it, obtain a licence, or end the affected subscription and refund the unused balance. This indemnity is subject to the limit in section 14.

You will defend us against a third-party claim arising from your data, your content, the messages you send, or your use of the service in breach of this agreement — including a claim that you lacked the permissions needed for personal data you entered.

16. Ending the agreement, export and deletion

Either of us may end the agreement by cancelling as described in section 4. Either of us may end it immediately if the other commits a material breach and does not fix it within 30 days of being told, or becomes insolvent. We may end it immediately for non-payment after notice.

Getting your data out. You can export your data yourself at any time while your subscription is active, as CSV or Excel files. Do this before your access ends — export is self-service, and we cannot do it for you afterwards.

What happens to your data afterwards depends on what kind of data it is, because the two have different reasons to exist.

Member and account records — the people you manage, their families, contact details and attendance — are kept for up to90 days after the agreement ends so your account can be restored if you come back, and are then deleted. Deleting on the day a subscription lapses would cost a business its history over a missed payment; holding it longer than that serves us, not your members.

Financial records — invoices, payments and what was charged and collected — are kept for as long as tax, accounting and limitation law requires, which is longer than 90 days. These are our own books and our record of the transaction between us, and they do not need your member roster to serve that purpose.

You can have member data deleted sooner. Ask us at any time, during your subscription or after it ends, and we will delete it and confirm when it is done. Backups are overwritten on their ordinary cycle, so data may persist in a backup briefly after deletion.

17. Changes to these terms

We may update these terms as the service and the law change. When a change materially affects your rights or obligations, we will tell you at least 30 days beforehand by email or in the application, and it takes effect on the date we give. Continuing to use the service after that means you accept the updated terms; if you do not, you may cancel before the change takes effect.

Minor changes — a correction, a clarification, a new section that does not affect your rights — take effect when posted, with the date at the top updated.

18. Governing law and disputes

This agreement is governed by the laws of the State of Florida, without regard to conflict-of-laws rules.

Talk to us first. Most disputes are resolved faster by email than by anything that follows, so before starting a formal process, contact us and give us 30 days to put it right.

If you are in the United States, disputes that cannot be resolved that way are settled by binding arbitration in Broward County, Florida, under the American Arbitration Association’s commercial rules, before a single arbitrator. Each of us waives the right to a jury trial and to bring claims as part of a class action. Either of us may still bring a claim in small claims court, or seek an injunction to protect intellectual property or confidential information.

If you are outside the United States, arbitration does not apply, and you may bring proceedings in the courts of the country where you are established. Nothing here removes a right to complain to a data protection authority.

Claims must be brought within one year of the events giving rise to them, except for claims for unpaid fees or where the law does not allow that limit.

19. General

Notices. We send notices to the email address on your account — keep it current. You can reach us at the address in section 20. Notices are treated as received on the next working day.

Events outside our control. Neither of us is liable for failure or delay caused by something beyond reasonable control: natural disaster, severe weather, war, epidemic, industrial action, failures of internet or power infrastructure, or the failure of a third-party provider. Payment obligations already incurred are not excused.

Assignment. Neither of us may transfer this agreement without the other’s consent, except that either may transfer it to a successor in a merger or a sale of substantially all assets, on notice.

What survives. Ending this agreement does not end the sections that are meant to outlast it: fees already owed, ownership, confidentiality, the limits on liability, the indemnities, and the deletion obligations in section 16.

Trade controls. You confirm you are not located in, and will not use the service from, a country subject to a comprehensive trade embargo, and that you are not on a restricted party list. We may suspend access where the law requires it.

Copyright complaints. If you believe material stored in the service infringes your copyright, write to us with enough detail to identify it and we will act on it.

The rest. If a provision is unenforceable, it is limited to the minimum extent necessary and the rest stands. Not enforcing a right is not a waiver of it. This agreement, with the documents it refers to, is the entire agreement between us and replaces earlier discussions. There are no third-party beneficiaries.

20. Contact

Anexan Solutions, Inc.
Miramar, Florida, USA
info@anexan.com

Legal notices to us should go to that email address, and we will acknowledge them. If you need a postal address for formal service, ask and we will provide it.

Questions about how we handle personal data are answered in ourprivacy policy.