Terms Of Service
1. Acceptance of Terms
By creating an account and using Nimlyst, you confirm that you accept these Terms of Service and agree to comply with them. If you do not agree to these terms, please refrain from using our services.
2. Services Provided
Nimlyst provides a Customer Relationship Management (CRM) platform that helps users manage their customer interactions, sales processes, and communication.
3. User Accounts
To access certain features of our services, you may need to create an account. You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account.
4. Cancellation Policy
To cancel your subscription, please provide written notice to us at least 3 days before your desired cancellation date. Notifications received less than 3 days before this date may result in continued service billing for the following period.
5. Additional Fees
Upon signing up for the CRM, you will receive a $30 credit each month. After the initial credit is used, the following additional fees will apply:
Outgoing Calls: $0.028 per minute
Receiving Calls: $0.017 per minute
AI Voice Calls: $0.19 per minute
Text Messages: $0.0158 per segment
Emails: $0.0034 per email
By using our services, you acknowledge and agree to these additional fees. Charges will be applied to your account as you incur them.
6. Nimlyst LitLeads™ Terms
All Sales Final: All lead sales are final and non-refundable.
No Data Guarantees: While we strive for accuracy, we do not guarantee that lead data will always be correct or complete.
No Sales Guarantees: We do not guarantee that purchasing leads will result in sales or conversions.
CRM Subscription Requirement: If you cancel your Nimlyst CRM subscription, you will only receive leads until your subscription end date. We are not obligated to deliver leads outside the CRM or via any other method.
Lead Replacement Policy: We do not replace leads, regardless of circumstances.
Do Not Call Compliance: We are not liable if a lead is on the National Do Not Call Registry or any other opt-out list. By purchasing leads, you agree to comply with all local, state, and federal laws, including TCPA regulations.
Indemnity Agreement: Customers agree to hold Nimlyst harmless for any legal claims, litigation, or penalties arising from their use of leads.
Keyword Responsibility: We are not responsible for the effectiveness or appropriateness of the keywords you provide for lead generation.
Compliance Responsibility: By purchasing Nimlyst LitLeads™, you agree to follow all applicable laws, including marketing and communication laws in your region.
Delivery Timelines: Leads will be delivered according to our service standards, but we are not liable for delays caused by unforeseen circumstances.
7. Payment Terms
You agree to provide accurate payment information and authorize Nimlyst to charge your selected payment method for any fees incurred.
Non-Refundable Fees: All payments, including onboarding or setup fees, are non-refundable.
Fee Changes: All fees are subject to change at Nimlyst’s discretion.
Final Charges & No Chargebacks: By accepting these Terms of Service, you agree that all charges are final and irrevocable. You expressly waive your right to dispute or initiate a chargeback for any transaction with Nimlyst.
Cost Acknowledgment: You understand that Nimlyst incurs operational costs during the provision of services, which is why all charges remain final.
Chargeback Consequences: In the event that you dispute a charge or initiate a chargeback, you acknowledge and agree that Nimlyst is entitled to reclaim those funds. Any chargeback filed will be contested, and the customer agrees that disputes should be awarded in Nimlyst’s favor.
8. Refund Policy
All sales are final. Nimlyst does not offer refunds on any payments made, including but not limited to subscriptions, lead purchases, setup fees, AI services, and additional features.
No Exceptions: Refunds will not be granted due to lack of usage, failure to generate desired results, or any other reason.
Lead Purchases: All lead purchases, whether real-time or bulk/aged leads, are final and non-refundable.
Subscription Cancellations: Customers are responsible for managing their subscriptions. Canceling a subscription prevents future charges but does not entitle the customer to a refund for any previously billed amounts.
Trial Periods & Promotional Offers: If a free trial or promotional offer is provided, customers must cancel before the trial period ends to avoid being charged. Charges incurred after a trial period are non-refundable.
By using Nimlyst, you acknowledge and agree to this no-refund policy, and you waive any right to request refunds or initiate chargebacks.
Late Payments, Penalty Fees, and Account Suspension
If an outstanding balance remains unpaid, a penalty fee of 10% of the total balance will be added until the balance is cleared. It is the customer’s responsibility to ensure timely payments to avoid additional fees.
If a balance remains unpaid for more than 1 days, the customer's account may be suspended, and they will lose access to all Nimlyst services, including CRM data, lead deliveries, and AI automation.
If a balance remains unpaid for more than 45 days, Nimlyst reserves the right to send the outstanding debt to a collections agency or pursue legal action to recover the owed amount, including all accumulated penalties, legal fees, and collection costs.
By using Nimlyst services, the customer agrees to these terms and waives any right to dispute outstanding charges once services have been rendered.
8. Termination
Nimlyst reserves the right to suspend or terminate your access to the services at our discretion, without notice, for any conduct that we believe violates these Terms of Service or is harmful to other users or the business of Nimlyst.
9. Limitation of Liability
In no event shall Nimlyst, its affiliates, or their respective officers, directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of our services.
10. Indemnification
You agree to indemnify and hold harmless Nimlyst and its affiliates from any claims, losses, damages, liabilities, costs, and expenses (including reasonable attorney fees) arising out of or in connection with your use of our services or violation of these Terms of Service.
11. Modifications
Nimlyst reserves the right to modify these Terms of Service at any time. Any changes will be effective immediately upon posting on our website. Your continued use of the services after any modifications constitutes acceptance of the revised terms.
12. Governing Law
These Terms of Service shall be governed by and construed in accordance with the laws of Colorado. Any disputes arising out of or relating to these terms shall be resolved in the courts located in Colorado.
13. Contact Information
If you have any questions about these Terms of Service, please contact us at [email protected].