Terms and Conditions

Effective Date: February 2026

These Terms and Conditions (“Terms”) constitute a legally binding agreement between you (“Client,” “you,” or “your”) and Private Club Marketing Inc (“PCM,” “we,” “us,” or “our”), a California corporation also operating under the brand ClubCRM (clubcrm.co). These Terms govern your access to and use of our websites, platforms, software, and services, including the ClubCRM platform and all related products and services (collectively, the “Services”).

1. Acceptance of Terms

By accessing, browsing, or using any of the Services provided by Private Club Marketing Inc, including the ClubCRM platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must discontinue use of the Services immediately.

Your continued access to or use of the Services following the posting of any changes to these Terms constitutes your acceptance of such changes. Use of the Services in any capacity—whether as a registered user, trial user, or visitor—constitutes acceptance of these Terms.

2. Modifications to Terms

PCM reserves the right, in its sole discretion, to modify, amend, or update these Terms at any time. When material changes are made, we will update the “Effective Date” at the top of this page and may, at our discretion, provide additional notice via email or through the Services.

Your continued use of the Services after any such modifications are posted constitutes your binding acceptance of the revised Terms. It is your responsibility to review these Terms periodically. If you do not agree to the modified Terms, your sole remedy is to discontinue use of the Services.

3. Eligibility

You must be at least eighteen (18) years of age to access or use the Services. By using the Services, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into a binding agreement. If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

4. Description of Services

PCM provides a range of professional services tailored to the private club industry, including but not limited to the following:

4.1 Marketing Consulting

PCM offers strategic marketing consulting services specifically designed for private clubs, including membership marketing strategy, market research, competitive analysis, membership sales process development, and growth planning.

4.2 ClubCRM SaaS Platform

ClubCRM is a proprietary software-as-a-service (“SaaS”) platform developed and operated by PCM. The platform provides an integrated suite of tools including, without limitation:

• Email marketing and campaign management
• Customer relationship management (CRM) and contact management
• Analytics and reporting dashboards
• SMS, RCS, and iMessage messaging capabilities
• Identity resolution and cross-device tracking
• Search engine optimization (SEO) tools and website analytics

4.3 Creative Services

PCM provides creative and design services including branding and brand identity development, website design and development, video production and editing, content creation (photography, copywriting, social media content), and marketing collateral design.

4.4 Website and Digital Marketing Services

PCM offers website development and management, search engine optimization, paid digital advertising management, social media strategy and management, and other digital marketing services as described in applicable statements of work or service agreements.

5. Account Registration & Security

Certain Services require you to create an account. By registering for an account, you agree to the following:

5.1 Accurate Information

You agree to provide accurate, current, and complete information during the registration process and to update such information as necessary to maintain its accuracy. Providing false or misleading information may result in immediate termination of your account.

5.2 Password Security

You are solely responsible for maintaining the confidentiality of your account credentials, including your password. You agree not to share your login credentials with any third party. Any activities occurring under your account are your responsibility, whether or not you have authorized such activities.

5.3 Notification of Unauthorized Access

You agree to notify PCM immediately at info@privateclubmarketing.com upon becoming aware of any unauthorized access to or use of your account or any other breach of security. PCM shall not be liable for any loss or damage arising from your failure to comply with this obligation.

5.4 One Account Per Person

Each individual may maintain only one (1) account. The creation of multiple accounts by the same individual is prohibited and may result in the suspension or termination of all associated accounts.

5.5 Account Suspension and Termination

PCM reserves the right, in its sole discretion, to suspend, restrict, or terminate any account at any time, with or without notice, for any reason, including but not limited to violations of these Terms, fraudulent activity, or conduct that PCM determines to be harmful to other users, third parties, or the integrity of the Services.

6. ClubCRM Platform Terms

6.1 Multi-Tenant Architecture

ClubCRM operates as a multi-tenant SaaS platform. Each client organization is provisioned with a logically isolated data environment. Client data is segregated from other clients’ data through access controls and database-level isolation. No client may access another client’s data through the platform.

6.2 Data Controller and Data Processor Roles

For the purposes of data protection and privacy, the Client is the “data controller” with respect to all personal data uploaded to, stored within, or processed through the ClubCRM platform on the Client’s behalf. PCM acts as the “data processor,” processing personal data solely on the Client’s instructions and for the purpose of delivering the Services.

6.3 Consent and Data Collection

The Client is solely responsible for ensuring that all personal data uploaded to the ClubCRM platform has been collected in compliance with applicable laws, including obtaining all necessary consents from contacts, members, and other data subjects prior to uploading their information. PCM assumes no liability for the Client’s failure to obtain proper consent.

6.4 Usage Limits

Each ClubCRM subscription plan is subject to specified usage limits, which may include, without limitation, the maximum number of contacts stored, the maximum number of emails sent per month, and the maximum number of authorized users. Usage in excess of plan limits may result in additional charges, throttling, or suspension of Services until the Client upgrades to an appropriate plan.

6.5 Acceptable Use Policy

You agree that your use of the ClubCRM platform shall comply with the following requirements:

• No Spam: You shall not use the platform to send unsolicited commercial messages or any communication that constitutes spam under applicable law.
• No Purchased Lists: You shall not upload or use purchased, rented, or third-party-harvested email lists or contact databases. All contacts must have a direct and legitimate relationship with the Client.
• Unsubscribe Compliance: You shall honor all unsubscribe and opt-out requests promptly and in compliance with applicable law, including the CAN-SPAM Act (15 U.S.C. § 7701 et seq.).

6.6 Email Sending Infrastructure

Emails sent through the ClubCRM platform are transmitted via Amazon Web Services Simple Email Service (“AWS SES”). By using the email features of the platform, you agree to comply with all applicable AWS SES Acceptable Use Policies and sending guidelines. PCM reserves the right to suspend or restrict email sending privileges if your activity violates AWS SES policies or results in elevated bounce rates, spam complaints, or other deliverability issues.

6.7 CAN-SPAM and TCPA Compliance

You are solely responsible for ensuring that all communications sent through the ClubCRM platform comply with the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (“CAN-SPAM Act”), the Telephone Consumer Protection Act of 1991 (“TCPA”), and all other applicable federal, state, and local laws governing electronic communications. This includes, without limitation, providing accurate sender information, including a valid physical mailing address, and providing a clear and conspicuous opt-out mechanism in all commercial messages.

7. Messaging Terms (SMS/RCS/iMessage)

7.1 Consent Requirements

You represent and warrant that, prior to sending any SMS, RCS, iMessage, or other text-based communication through the Services, you have obtained proper express written consent from each recipient in compliance with the Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. § 227, and all applicable regulations promulgated thereunder. You acknowledge that failure to obtain proper consent may result in significant statutory penalties for which you shall bear sole responsibility.

7.2 Prohibition on Unsolicited Messages

You shall not use the messaging features of the Services to send unsolicited messages of any kind. All recipients must have affirmatively opted in to receive messages from you through a clear, documented consent process.

7.3 STOP Request Compliance

You must honor all opt-out, STOP, UNSUBSCRIBE, CANCEL, END, or QUIT requests immediately upon receipt. The platform will automatically process standard opt-out keywords; however, you are responsible for ensuring that all opt-out requests—regardless of format—are honored without delay. Re-messaging a contact who has opted out is strictly prohibited.

7.4 Message Rate Limits

To promote responsible messaging practices and compliance with carrier requirements, the platform enforces message rate limits. By default, no more than five (5) messages may be sent to any single contact within a twenty-four (24) hour period. Additional rate limits may apply based on your subscription plan, carrier restrictions, or regulatory requirements. PCM reserves the right to modify rate limits at any time.

7.5 Cooldown Periods

The platform may enforce mandatory cooldown periods between messages sent to the same contact. These cooldown periods are designed to prevent message fatigue, reduce opt-out rates, and ensure compliance with carrier and regulatory standards.

7.6 Carrier Filtering and Blocking

PCM shall not be liable for any messages that are filtered, blocked, delayed, or otherwise not delivered by wireless carriers, aggregators, or other intermediaries. Message delivery is subject to carrier policies, network conditions, and device compatibility, none of which are within PCM’s control.

8. Meta/Facebook Integration

8.1 Authorization

By enabling Meta (Facebook) integrations within the Services, you authorize PCM to access and interact with your Meta business assets, including but not limited to Meta Lead Ads and the Meta Conversions API, on your behalf and in accordance with your instructions.

8.2 Platform Policy Compliance

You are solely responsible for ensuring that your use of Meta integrations complies with all applicable Meta Platform Policies, advertising policies, and terms of service. PCM shall not be liable for any penalties, account suspensions, or other adverse actions taken by Meta as a result of your noncompliance.

8.3 Conversions API Data Sharing

When using the Meta Conversions API through the Services, certain data—including hashed personally identifiable information such as email addresses, phone numbers, names, and other identifiers—may be transmitted to Meta for the purposes of event matching, attribution, and advertising optimization. You acknowledge and consent to this data sharing and represent that you have obtained all necessary consents from data subjects to permit such sharing.

8.4 Data Deletion Requests

PCM will honor all valid data deletion requests received from Meta in accordance with Meta’s data deletion callback protocols and applicable data protection laws.

9. Instagram DM Management

9.1 Account Authorization

By enabling Instagram DM management features within the Services, you authorize PCM to access your Instagram Business or Creator account for the purpose of managing direct messages on your behalf. You represent and warrant that you have the authority to grant such access.

9.2 Platform Policy Compliance

You agree to comply with the Instagram Platform Policy, Instagram Terms of Use, and all applicable Meta policies when using the Instagram DM management features. PCM shall not be responsible for any violations of Instagram policies attributable to your content, messaging practices, or instructions.

9.3 Messaging Window Rules

Instagram imposes a twenty-four (24) hour messaging window for responding to user-initiated messages. You acknowledge that automated or business-initiated messages may only be sent within this window, and that messages sent outside of this window may be blocked by Instagram. PCM shall not be liable for any messages that fail to deliver due to messaging window restrictions.

10. Data Processing

10.1 Processing on Behalf of Clients

PCM processes personal data on behalf of its clients solely for the purpose of providing the Services. All data processing activities are conducted in accordance with the Client’s instructions and applicable data protection laws.

10.2 Contact Enrichment

The Services may include contact enrichment features that leverage third-party data providers, including but not limited to Apollo.io, to supplement client contact records with additional information such as professional titles, company information, social profiles, and other publicly available data. By using contact enrichment features, you acknowledge and consent to the transmission of contact data to third-party enrichment providers.

10.3 Identity Resolution and Cross-Device Tracking

The Services may include identity resolution capabilities that link multiple data points, identifiers, and device interactions to a single contact profile. This may include cross-device tracking, browser fingerprinting, and other identification techniques designed to provide a unified view of contact engagement across channels and devices.

10.4 IP Geolocation Tracking

The Services may collect and process IP addresses for the purpose of geolocation tracking, website analytics, fraud prevention, and personalization. IP-based geolocation data is approximate and is used to enhance the relevance and effectiveness of the Services.

10.5 Data Export and Deletion

Clients may export or delete their data from the ClubCRM platform at any time through the platform’s built-in data management tools or by submitting a request to info@privateclubmarketing.com. PCM will process data export and deletion requests in a commercially reasonable timeframe.

11. Intellectual Property

11.1 PCM Intellectual Property

The Services, including but not limited to the ClubCRM platform, all software, algorithms, tools, user interfaces, designs, trademarks, logos, trade names, and branding materials, are and shall remain the exclusive property of Private Club Marketing Inc. Nothing in these Terms grants you any right, title, or interest in PCM’s intellectual property except for the limited license to use the Services as expressly set forth herein.

11.2 Client Data Ownership

You retain all right, title, and interest in and to your data, content, and materials uploaded to or created within the Services (“Client Data”). PCM claims no ownership over Client Data.

11.3 License to Process Client Data

By using the Services, you grant PCM a non-exclusive, worldwide, royalty-free license to access, use, process, store, and transmit Client Data solely for the purpose of providing, maintaining, and improving the Services in accordance with these Terms and applicable law. This license terminates upon the deletion of Client Data from the Services.

11.4 Creative Work Ownership

Ownership of creative works (including but not limited to branding assets, website designs, video productions, photography, and written content) produced by PCM on behalf of a Client shall be governed by the terms of the applicable statement of work, service agreement, or other written agreement between the parties. In the absence of such an agreement, all creative works shall be deemed “work made for hire” to the extent permitted by law, with ownership transferring to the Client upon full payment for the applicable work.

12. Payment Terms

12.1 Subscription Billing

ClubCRM subscriptions and other recurring Services are billed on a subscription basis through Stripe, our third-party payment processor. By subscribing to the Services, you authorize PCM and Stripe to charge your designated payment method on a recurring basis in accordance with your selected billing cycle (monthly or annually).

12.2 Auto-Renewal

All subscriptions will automatically renew at the end of each billing period unless you cancel prior to the renewal date. You may cancel your subscription at any time through your account settings or by contacting info@privateclubmarketing.com. Cancellation will take effect at the end of the current billing period.

12.3 No Refunds for Partial Periods

No refunds or credits will be issued for partial subscription periods. If you cancel a subscription mid-cycle, you will retain access to the Services through the end of your current billing period, but no prorated refund will be provided.

12.4 Price Changes

PCM reserves the right to modify subscription pricing at any time. You will receive at least thirty (30) days’ prior written notice of any price change. Your continued use of the Services after the effective date of a price change constitutes acceptance of the new pricing. If you do not agree to a price change, you may cancel your subscription before the new pricing takes effect.

12.5 Return Policy for Products and Experiences

For physical products or experience-based offerings purchased through PCM, a thirty (30) day return policy applies from the date of purchase or delivery, as applicable. Returns are subject to the specific terms and conditions communicated at the time of purchase.

13. Limitation of Liability

13.1 Services Provided “As Is”

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. PCM DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

13.2 No Guarantee of Results

PCM makes no representations or warranties regarding the outcomes, results, or effectiveness of any marketing strategies, campaigns, or Services provided. Marketing results are inherently variable and depend on numerous factors beyond PCM’s control, including market conditions, competitive dynamics, client cooperation, and consumer behavior.

13.3 Email Deliverability

PCM shall not be liable for email deliverability issues, including but not limited to emails being marked as spam, bounced, filtered, or otherwise not delivered to intended recipients. Email deliverability is subject to factors outside PCM’s control, including recipient email provider policies, spam filtering algorithms, sender reputation, and list quality.

13.4 Cap on Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF PCM AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY YOU TO PCM DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

13.5 Exclusion of Consequential Damages

IN NO EVENT SHALL PCM BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, BUSINESS OPPORTUNITIES, OR OTHER INTANGIBLE LOSSES, EVEN IF PCM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES REGARDLESS OF THE THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.

14. Indemnification

14.1 Client Indemnification Obligations

You agree to indemnify, defend, and hold harmless Private Club Marketing Inc, its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees and costs) arising out of or relating to:

• Your misuse of the Services or the ClubCRM platform;
• Your violation of these Terms or any applicable law or regulation;
• Any content, data, or materials you upload, transmit, or distribute through the Services;
• Your failure to comply with applicable data privacy and protection laws, including but not limited to the CAN-SPAM Act, TCPA, CCPA, and GDPR;
• Any claim by a third party arising from communications you have sent or caused to be sent through the Services.

14.2 Content Responsibility

You are solely responsible for all content you create, upload, send, or otherwise distribute through the Services. PCM does not pre-screen, review, or approve Client content, and you bear full responsibility for ensuring that your content does not infringe upon the intellectual property rights or other rights of any third party, violate any applicable law, or contain defamatory, obscene, or otherwise objectionable material.

14.3 Data Privacy Compliance

You are solely responsible for your compliance with all applicable data privacy and data protection laws in connection with your use of the Services. This includes, without limitation, obtaining all necessary consents, providing required notices to data subjects, and responding to data subject access and deletion requests in a timely manner.

15. Termination

15.1 Termination by Either Party

Either party may terminate the Services by providing thirty (30) days’ prior written notice to the other party. Written notice may be provided via email to the addresses on file.

15.2 Immediate Termination by PCM

PCM reserves the right to terminate or suspend your access to the Services immediately, without prior notice, in the event of a material breach of these Terms, including but not limited to violations of the Acceptable Use Policy, fraudulent activity, nonpayment, or conduct that PCM determines poses a risk to the security or integrity of the Services or other users.

15.3 Data Export After Termination

Following termination of the Services, you will have a period of thirty (30) days to export your data from the platform. PCM will make commercially reasonable efforts to facilitate data export during this period. After the expiration of the thirty (30) day export period, PCM shall have no obligation to maintain or provide access to your data.

15.4 Data Deletion

Following the expiration of the thirty (30) day data export period, PCM will delete your data from its production systems. Residual copies of your data may remain in backup systems for up to ninety (90) days following termination, after which such backup copies will be permanently deleted in accordance with PCM’s standard data retention and backup rotation practices.

15.5 Survival

The following sections shall survive any termination or expiration of these Terms: Intellectual Property, Limitation of Liability, Indemnification, Dispute Resolution, and Governing Law.

16. Dispute Resolution

16.1 Binding Arbitration

Any dispute, controversy, or claim arising out of or relating to these Terms or the Services, including the breach, termination, enforcement, interpretation, or validity thereof, shall be resolved by binding arbitration administered by JAMS (Judicial Arbitration and Mediation Services) in Orange County, California, in accordance with the JAMS Comprehensive Arbitration Rules and Procedures then in effect. The arbitration shall be conducted by a single arbitrator mutually agreed upon by the parties, or, failing agreement, appointed by JAMS. The arbitrator’s decision shall be final and binding, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

16.2 Class Action Waiver

YOU AND PCM AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING. Unless both you and PCM agree otherwise in writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

16.3 Federal Arbitration Act

This arbitration agreement is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1–16, and shall be interpreted in accordance with its provisions. In the event of any conflict between the Federal Arbitration Act and any other applicable law, the Federal Arbitration Act shall control.

16.4 Small Claims Court Exception

Notwithstanding the foregoing, either party may bring an individual action in small claims court for disputes or claims within the scope of such court’s jurisdiction, provided the action is brought and maintained in Orange County, California, or the county in which you reside.

17. Governing Law

These Terms and any disputes arising out of or relating to these Terms or the Services shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles. To the extent that any lawsuit or court proceeding is permitted hereunder, you and PCM agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Orange County, California.

18. DMCA / Copyright

PCM respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”), 17 U.S.C. § 512, PCM will respond to notices of alleged copyright infringement that comply with the DMCA and applicable regulations.

If you believe that your copyrighted work has been copied or used in a way that constitutes copyright infringement through the Services, please submit a notification of claimed infringement to our designated agent at:

Email: info@privateclubmarketing.com

Your notification must include the following information as required by the DMCA:

• A physical or electronic signature of the copyright owner or a person authorized to act on behalf of the owner;
• Identification of the copyrighted work claimed to have been infringed;
• Identification of the material that is claimed to be infringing and where it is located on the Services;
• Your contact information, including address, telephone number, and email address;
• A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
• A statement, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.

19. Contact Information

If you have any questions, concerns, or requests regarding these Terms and Conditions, please contact us at:

Private Club Marketing Inc
Email: info@privateclubmarketing.com
Website: privateclubmarketing.com
ClubCRM: clubcrm.co