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Terms of Service

Effective Date: April 11, 2026

IMPORTANT: PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE SERVICE. BY ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE THE SERVICE.

1. Definitions

"Agreement" means these Terms of Service, together with the Privacy Policy, Data Processing Agreement (if applicable), and any Order Forms or Subscription Agreements executed between you and Phoenix Holdings LLC.

"Authorized User" means any individual who is authorized by the Customer to access and use the Service under the Customer's account, including employees, contractors, and agents of the Customer.

"Company," "we," "us," or "our" refers to Phoenix Holdings LLC, the provider of the Service.

"Customer," "you," or "your" refers to the organization or individual that creates an account and subscribes to the Service.

"Customer Data" means all data, information, content, and materials that you or your Authorized Users submit, upload, or transmit to or through the Service, including but not limited to contacts, company records, property information, notes, documents, and files.

"Documentation" means the user guides, help articles, knowledge base, API documentation, and other materials made available by the Company describing the features and functionality of the Service.

"Organization" means the tenant environment created for the Customer within the Service, which contains the Customer's Data and is accessible only by the Customer's Authorized Users.

"Service" means the cloud-based customer relationship management platform, including all features, functionality, updates, and related services provided by the Company.

"Subscription" means the Customer's right to access and use the Service during the Subscription Term, as specified in the applicable plan or Order Form.

"Subscription Term" means the period during which the Customer has an active Subscription, including any renewal periods.

2. Account Registration and Organization Setup

2.1 Account Creation

To use the Service, you must create an account and establish an Organization. The individual who creates the Organization account becomes the initial Organization Owner ("Owner"). You represent and warrant that:

  • You are at least 18 years of age;
  • You have the legal authority to bind the organization you represent to this Agreement;
  • All information you provide during registration is accurate, current, and complete;
  • You will maintain the accuracy of such information throughout the Subscription Term.

2.2 Organization Management

The Owner may invite additional Authorized Users to the Organization and assign roles (Admin, User, or Read-Only) with varying levels of access and permissions. The Owner and designated Admins are responsible for:

  • Managing user access and permissions within the Organization;
  • Ensuring all Authorized Users comply with this Agreement;
  • Promptly removing access for individuals who are no longer authorized;
  • All activities that occur under the Organization's account.

2.3 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to:

  • Use strong, unique passwords for your account;
  • Not share your login credentials with any other person;
  • Notify us immediately at support@dealmatrix.com of any unauthorized access to or use of your account;
  • Ensure that each Authorized User has their own individual account.

3. Subscription Plans and Payment

3.1 Subscription Plans

The Service is offered under various subscription plans (e.g., Starter, Professional, Enterprise), each with different features, user limits, and pricing. The specific terms of your Subscription are as set forth on our pricing page or in an executed Order Form.

3.2 Free Trial

We may offer a free trial period for new Customers. During the trial period, the Service is provided "as is" without any warranty or uptime commitment. We reserve the right to modify or discontinue the free trial at any time. At the end of the trial period, you must subscribe to a paid plan to continue using the Service. If you do not subscribe, your access will be suspended and your data will be retained for 30 days before deletion.

3.3 Fees and Payment

Subscription fees are charged in advance on a monthly or annual basis. All fees are:

  • Quoted and payable in U.S. dollars;
  • Non-refundable except as expressly stated in this Agreement;
  • Exclusive of all applicable taxes, which you are responsible for paying.

3.4 Payment Processing

Payment is processed through our third-party payment processor, Stripe, Inc. By providing payment information, you authorize us (through Stripe) to charge the applicable fees to your designated payment method.

3.5 Price Changes

We may change our pricing from time to time. Any price changes will be communicated to you at least 30 days before they take effect. Price changes will apply at the start of your next billing cycle.

3.6 Failed Payments

If a payment fails, we will notify you and provide a 7-day grace period to update your payment information. If payment is not received within the grace period, we may suspend your access to the Service.

3.7 Upgrades and Downgrades

You may upgrade or downgrade your Subscription plan at any time. Upgrades take effect immediately with prorated charges. Downgrades take effect at the start of your next billing cycle.

4. Use of the Service

4.1 License Grant

Subject to the terms of this Agreement and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Service during the Subscription Term, solely for your internal business purposes.

4.2 Use Restrictions

You agree not to, and will not permit any Authorized User to:

  • License, sublicense, sell, resell, rent, lease, transfer, assign, distribute, or otherwise make the Service available to any third party;
  • Modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Service;
  • Access the Service to build a competitive product or service;
  • Use the Service to store or transmit any unlawful, harmful, or objectionable content;
  • Use the Service to store or transmit any malicious code, viruses, or harmful data;
  • Interfere with or disrupt the integrity or performance of the Service;
  • Attempt to gain unauthorized access to the Service or other accounts;
  • Use the Service in violation of any applicable law or regulation;
  • Use automated means (bots, scrapers, crawlers) to access the Service except through our published API;
  • Exceed the user limits or usage thresholds of your Subscription plan.

4.3 User Limits

Your Subscription plan specifies the maximum number of Authorized Users. If you exceed your plan's user limit, you agree to upgrade to the appropriate plan or remove users to comply.

5. Customer Data

5.1 Ownership

You retain all right, title, and interest in and to your Customer Data. We do not claim any ownership rights over your Customer Data.

5.2 License to Customer Data

You grant us a limited, non-exclusive, worldwide license to access, use, process, copy, store, transmit, and display your Customer Data solely to the extent necessary to provide the Service, comply with our legal obligations, and enforce this Agreement.

5.3 Data Isolation

Each Organization's Customer Data is logically separated from other Organizations' data. We implement technical and organizational measures to ensure that your Customer Data cannot be accessed by other Customers.

5.4 Data Backup

We perform regular backups of Customer Data for disaster recovery purposes. You are responsible for maintaining your own copies of your Customer Data using the Service's export functionality.

5.5 Data Portability

You may export your Customer Data at any time during your Subscription Term using the Service's built-in export tools. Upon termination, we will make your Customer Data available for export for 30 days.

5.6 Data Deletion

Upon termination and expiration of the 30-day retrieval period, we will delete your Customer Data from our active systems within 30 days. Copies may persist in backup systems for up to 90 additional days before being permanently deleted.

6. Intellectual Property

6.1 Company IP

The Service, including its design, architecture, source code, algorithms, user interface, documentation, trademarks, logos, and all related intellectual property, is and shall remain the exclusive property of Phoenix Holdings LLC and its licensors.

6.2 Feedback

If you provide us with any suggestions, ideas, or feedback regarding the Service ("Feedback"), you hereby assign to us all right, title, and interest in such Feedback. We are free to use, incorporate, and implement such Feedback without any obligation or compensation to you.

7. Confidentiality

Each party agrees to maintain the confidentiality of the other party's Confidential Information and to use it only for purposes of performing its obligations under this Agreement. Confidential Information does not include information that: (a) is publicly known through no fault of the receiving party; (b) was known prior to disclosure; (c) is independently developed; or (d) is rightfully obtained from a third party without restriction.

8. Privacy and Security

8.1 Privacy Policy

Our collection, use, and disclosure of personal information is governed by our Privacy Policy. The Privacy Policy is incorporated into this Agreement by reference.

8.2 Security Measures

We implement and maintain commercially reasonable security measures including:

  • Encryption of data in transit (TLS/SSL) and at rest;
  • Access controls and authentication mechanisms;
  • Regular security assessments and monitoring;
  • Employee training on data security practices;
  • Incident response procedures.

8.3 Data Breach Notification

In the event of a security breach involving Customer Data, we will notify you without undue delay and within 72 hours of becoming aware of the breach, including the nature of the breach, types of data affected, measures taken, and recommendations for your protection.

9. Warranties and Disclaimers

9.1 Mutual Warranties

Each party represents and warrants that: (a) it has the legal power and authority to enter into this Agreement; (b) this Agreement is duly authorized and constitutes a binding obligation; and (c) its performance will not violate any applicable law.

9.2 Company Warranties

We warrant that: (a) the Service will perform materially in accordance with the Documentation; (b) we will not materially decrease the overall functionality during the Subscription Term; and (c) we will provide the Service in compliance with applicable laws.

9.3 Disclaimer

EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

10. Limitation of Liability

10.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, BUSINESS OPPORTUNITIES, GOODWILL, OR ANTICIPATED SAVINGS.

10.2 Cap on Liability

THE AGGREGATE LIABILITY OF EACH PARTY SHALL NOT EXCEED THE TOTAL AMOUNT PAID OR PAYABLE BY THE CUSTOMER DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

10.3 Exceptions

The limitations above shall not apply to: (a) breach of confidentiality obligations; (b) indemnification obligations; (c) obligation to pay fees; or (d) willful misconduct or gross negligence.

11. Indemnification

11.1 By Company

We will indemnify, defend, and hold you harmless from third-party claims that your authorized use of the Service infringes any third party's intellectual property rights.

11.2 By Customer

You will indemnify, defend, and hold us harmless from claims arising from: (a) your breach of this Agreement; (b) your Customer Data; (c) your violation of applicable law; or (d) unauthorized use of the Service by you or your Authorized Users.

12. Term and Termination

12.1 Term

This Agreement commences on the date you first accept it and continues until terminated. Your Subscription automatically renews unless either party provides written notice of non-renewal at least 30 days prior to the end of the current Subscription Term.

12.2 Termination by Customer

You may cancel your Subscription at any time through the Service's billing settings or by contacting support@dealmatrix.com. Cancellation takes effect at the end of your current billing period.

12.3 Termination by Company

We may terminate or suspend your Subscription:

  • Immediately, if you breach any material term and fail to cure within 15 days of written notice;
  • Immediately, if you fail to pay fees when due for 7 days after written notice;
  • Immediately, if you pose a security risk to the Service or other customers;
  • Upon 30 days' written notice, for any reason.

12.4 Effect of Termination

Upon termination: your access ceases immediately; Customer Data is available for export for 30 days; all outstanding fees become due; and surviving sections (Customer Data, IP, Confidentiality, Disclaimer, Liability, Indemnification, General Provisions) continue in effect.

13. Service Level and Support

13.1 Availability

We will use commercially reasonable efforts to make the Service available 99.9% of the time during each calendar month, excluding scheduled maintenance. Maintenance windows will be communicated at least 24 hours in advance.

13.2 Support

We provide technical support via email at support@dealmatrix.com. Response times vary by plan:

  • Starter: Email support, 48-hour response time during business hours;
  • Professional: Email support, 24-hour response time during business hours;
  • Enterprise: Priority email support, 4-hour response time.

13.3 Updates and Modifications

We may update, modify, or enhance the Service from time to time. We will not materially decrease the overall functionality during your Subscription Term.

14. General Provisions

14.1 Governing Law. This Agreement shall be governed by the laws of the State of Illinois, without regard to conflict of laws principles.

14.2 Dispute Resolution. Disputes shall first be attempted through good-faith negotiation. If unresolved within 30 days, either party may submit to binding arbitration administered by the AAA under its Commercial Arbitration Rules, conducted in Illinois by a single arbitrator.

14.3 Assignment. You may not assign this Agreement without our prior written consent. We may assign in connection with a merger, acquisition, or sale of assets.

14.4 Notices. All notices shall be in writing and deemed given when delivered personally, sent by confirmed email, or sent by certified mail. Notices to the Company: support@dealmatrix.com.

14.5 Force Majeure. Neither party shall be liable for failures caused by circumstances beyond reasonable control, including acts of God, natural disasters, war, epidemics, power outages, or internet failures.

14.6 Severability. If any provision is held invalid, the remaining provisions remain in full force and effect.

14.7 Waiver. No failure or delay in exercising any right shall constitute a waiver.

14.8 Entire Agreement. This Agreement, together with the Privacy Policy, any applicable DPA, Order Forms, and Subscription Agreements, constitutes the entire agreement between the parties.

14.9 Amendments. We may modify this Agreement with at least 30 days' notice. Continued use after the effective date constitutes acceptance.

14.10 Relationship of Parties. The parties are independent contractors. Nothing creates a partnership, joint venture, employment, or agency relationship.

14.11 Third-Party Beneficiaries. This Agreement does not confer rights on any third party.

14.12 Export Compliance. You agree to comply with all applicable export control and sanctions laws.

Contact Information

If you have questions about these Terms of Service, please contact us at:

Phoenix Holdings LLC
Email: support@dealmatrix.com

By creating an account or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.