EFFECTIVE DATE: JULY 6 2025
THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND A WAIVER OF CLASS‑ACTION RIGHTS. BY CREATING AN ACCOUNT OR USING ANY PART OF THE IFUSION PLATFORM, YOU AGREE THAT ALL DISPUTES WILL BE RESOLVED INDIVIDUALLY BY ARBITRATION AND NOT BY A JURY OR CLASS ACTION. PLEASE CAREFULLY REVIEW §21 (DISPUTE RESOLUTION) BEFORE PROCEEDING.
These Terms of Service (the “Terms”) form a legally binding agreement between iFusion Software Solutions LLC ("iFusion," “Company,” “we,” “our,” or “us”) and you, the individual or legal entity identified during account registration (“you,” “your,” or the “Customer”). These Terms govern your access to and use of the iFusion website, mobile applications, dashboards, application‑programming interfaces, communication systems, analytics features, and all other software-as-a-service offerings (collectively, the “Platform”), as well as any support, onboarding, or consulting services (the “Services”).
By:
(i) clicking “I Agree”;
(ii) creating an account; or
(iii) accessing or using the Platform,
you confirm that:
(a) you have read and understood these Terms,
(b) you are at least 18 years old and capable of entering into binding legal agreements,
(c) all information provided to us is true, accurate, and complete, and
(d) you are authorized to enter into this Agreement on behalf of the business or organization you represent (if applicable).
If you do not agree with any part of these Terms, you must not access or use the Platform.
These Terms incorporate by reference our Privacy Policy, Refund & Credit Policy, Data Processing Addendum, and Affiliate Program Agreement (if applicable), as well as any Order Form, proposal, or addendum that references these Terms. Collectively, these documents form the full “Agreement.” We may amend these Terms at any time by posting an updated version or notifying you via email. Your continued use of the Platform after any update constitutes your acceptance of the revised Terms.
Key capitalized terms are defined in Section §25. Other terms are defined in-line at their first usage throughout the document.
2.1 Minimum Age
To use iFusion, you must be at least 18 years old and capable of forming a binding contract under applicable law. The Platform is for business and commercial use only. Personal or consumer use is prohibited. We reserve the right to suspend or terminate accounts of underage users or those misrepresenting their eligibility.
2.2 Account Registration
When registering for an account, you must provide true, complete, and up-to-date information, including your legal name, business name (if applicable), valid email address, and payment method. You are fully responsible for all actions taken through your account. You agree to maintain the confidentiality of your login credentials and notify us immediately if you suspect any unauthorized access. iFusion is not liable for any loss or damage resulting from your failure to secure your account.
2.3 Ownership Disputes
The owner of a Platform account is: (i) the person or business whose email is listed as the primary contact, or (ii) if the account was created for a company, the legally registered business entity demonstrated by verifiable documentation. In case of a dispute, we may request notarized documents or legal authority to confirm ownership. Until ownership is determined, iFusion may suspend access to the account and freeze billing or data transfer.
2.4 Account Access by iFusion
You authorize iFusion employees and contractors to access your account when reasonably necessary for technical support, monitoring system health, addressing abuse reports, fulfilling legal obligations, or responding to your inquiries. We will never view or share your confidential business content except as outlined in our Privacy Policy or required by law.
3.1 Plans
iFusion offers two core subscription plans: the Pro Plan and the Premium Plan. These plans are designed for businesses of varying sizes and marketing needs.
Both plans are detailed on our public-facing pricing page, which may be updated from time to time.
3.2 Billing
Subscription fees are billed in advance at the beginning of each billing cycle using the payment method you provided at registration. By default, all subscriptions auto-renew unless canceled. Usage-based services (e.g., outbound SMS, voice calls, AI compute, and additional user seats) are billed in arrears and itemized on your monthly invoice. You are responsible for maintaining accurate billing information and sufficient payment methods.
Invoices are accessible in your account dashboard, and you agree to review them monthly. We reserve the right to retry failed payments and suspend services for unresolved invoices. Notifications regarding billing issues are sent to your account email.
3.3 Non-Refundable
All payments—including subscription fees, prepaid credits, and usage surcharges—are non-refundable, even if services are unused or underutilized. This includes scenarios such as forgetting to cancel, minimal usage, or dissatisfaction after renewal. Refunds are only granted in rare exceptions as defined in our Refund & Credit Policy, including limited cases like duplicate charges, outages exceeding 24 hours, or unauthorized transactions reported within 7 days.
Chargebacks initiated without first submitting a refund request are a violation of these Terms. If you dispute a charge without following our process, we reserve the right to suspend your account, recover funds, and pursue legal remedies.
3.4 Late Payments
If a payment becomes overdue, we may charge interest at 1.5% per month, or the highest amount allowed by law. We may suspend your access to the Platform and associated services until your balance is paid in full. If unresolved, we reserve the right to use third-party collection services and you agree to cover all reasonable costs of recovery, including attorney’s fees and collection agency charges.
Late payment may also result in the loss of data access, campaign delivery, booking services, or AI chatbot responses depending on your plan.
3.5 Taxes
All stated prices exclude applicable taxes. You are responsible for paying all sales, use, VAT, GST, digital services, and other similar taxes that apply to your purchases. We may collect such taxes in jurisdictions where we are legally obligated. If you are tax-exempt, valid documentation must be provided before we issue an invoice. Retroactive refunds for taxes will not be issued. Taxes on iFusion’s net income are not your responsibility.
4.1 Your Cancellation
You may cancel your iFusion subscription at any time by logging into your account dashboard and following the cancellation procedures provided. Cancellation is effective at the end of your current paid billing cycle, meaning you will retain access to the Platform and Services until the term expires. iFusion does not issue partial refunds for the remaining days of your term, even if you cancel mid-cycle. It is your sole responsibility to cancel before your next billing date to avoid future charges. We do not accept cancellation requests submitted by email, phone, or chat—only those initiated directly within your dashboard. Upon cancellation, your access to platform features will automatically end when the final billing term expires unless you renew or reactivate your subscription.
4.2 Our Suspension / Termination
We reserve the right to suspend or terminate your access to the Platform at our sole discretion under any of the following conditions:
(i) your violation of any part of this Agreement,
(ii) failure to pay any amount due under your account,
(iii) conduct that threatens the security, stability, or functionality of the Platform (such as excessive or malicious use),
(iv) activity that infringes on intellectual property or violates laws,
or (v) our decision to discontinue the Platform or any part of the Services.
In most cases, we will notify you in advance via email or in-platform notice. However, in urgent or harmful situations, termination may occur immediately without prior notice. In cases where the suspension or termination is due to your breach, we may deny future re-registration attempts. You will not receive any refund or credit unless your suspension was in error or due to a platform shutdown without cause.
4.3 Effect of Termination
Once terminated, you must immediately stop accessing or using the Platform. Within 30 days of termination, iFusion may permanently delete all your account data, content, campaigns, contacts, analytics, forms, and configuration settings from our systems. It is your responsibility to export your data before termination or request a final export (where eligible). After deletion, we are not obligated to recover or restore your data.
Sections of this Agreement that by their nature should survive termination—such as those related to intellectual property, limitations of liability, indemnification, dispute resolution, confidentiality, and account obligations—will remain in full effect.
5.1 Intended Use
The Platform is provided solely for lawful business purposes. You agree to use iFusion in accordance with all applicable laws, rules, and regulations, including but not limited to the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, General Data Protection Regulation (GDPR), California Consumer Privacy Act (CCPA), HIPAA (if applicable), and PCI-DSS standards for payment processing. You are solely responsible for ensuring your use of the Platform complies with local, state, federal, and international regulations. This includes obtaining proper consent for email/SMS marketing, securing user data, and complying with industry best practices in data privacy and communication.
5.2 Prohibited Conduct
You, your employees, agents, and end users must not engage in any activity that violates our Code of Conduct (see Exhibit A) or AI Acceptable Use Policy (see Exhibit B). Prohibited actions include, but are not limited to:
Any violation may result in immediate account suspension or termination, without refund, and could trigger legal action.
5.3 Excessive Use
All plans are subject to fair use limits to protect platform performance. Excessive usage—including but not limited to bulk email/SMS sends, API overuse, unusually high traffic volume, or disproportionately large file uploads—may result in service throttling, additional charges, or required plan upgrades. We will notify you if your usage exceeds reasonable thresholds for your plan. Failure to comply with fair use recommendations may lead to account suspension or termination. iFusion reserves the right to define and enforce what constitutes excessive use.
6.1 Your Content (Customer Data)
“Customer Data” includes all data, files, messages, documents, contact lists, forms, campaigns, videos, and other materials uploaded to or generated by your use of the Platform. You retain full ownership of your Customer Data. By using the Platform, you grant iFusion a limited, non-exclusive, royalty-free license to process, transmit, store, and display your data as necessary to provide the Services. We do not claim ownership of your data and will never sell it. You are responsible for the legality, accuracy, and permissions associated with any data you provide.
6.2 Data Privacy
We handle personal data in accordance with our Privacy Policy and Data Processing Addendum. iFusion acts as a “data processor,” and you remain the “data controller,” responsible for collecting user consent, issuing privacy notices, and fulfilling data subject rights requests. The Platform includes features to help you comply with privacy laws, such as opt-in tools and contact management options. You agree not to upload or process any personal data that violates privacy laws or is not legally obtained.
6.3 Security
We use industry-standard measures to secure your data, including encryption (in transit and at rest), firewalls, access controls, and vulnerability monitoring. We conduct periodic audits and maintain secure hosting infrastructure. Despite these safeguards, no system is completely immune to risk. You acknowledge that you share responsibility for maintaining strong user credentials and organizational security practices. iFusion is not liable for breaches resulting from factors outside our reasonable control, such as phishing, malware on your device, or negligence in handling login information.
The iFusion Platform includes built-in Messaging Tools that may enable you to send and manage communications via email, SMS/MMS, voice calls, live chat, and AI-generated responses. These services are designed to help businesses engage customers across multiple channels. However, you are solely responsible for ensuring that all communications comply with applicable laws and industry regulations, including but not limited to:
This means you must obtain proper consent from recipients, maintain accurate opt-in/opt-out records, include mandatory disclaimers, and offer accessible unsubscribe options. You are also responsible for honoring unsubscribe and “Do Not Contact” requests without delay.
Messaging services may incur additional usage-based charges (e.g., per SMS/MMS message sent, voice minutes, carrier delivery fees, regulatory compliance fees). These surcharges vary by carrier, message volume, and delivery region. You agree to pay these charges in full as itemized in your invoice. iFusion is not responsible for delays, blocks, or failures caused by telecom carriers, spam filters, blacklists, or user error.
Any use of Messaging Tools for fraudulent, abusive, harassing, misleading, or unlawful communications is strictly prohibited and may result in immediate termination of your account, reporting to regulatory authorities, and legal liability.
8.1 Optional Integrations
The iFusion Platform allows you to integrate with third-party services including (but not limited to) payment processors (e.g., Stripe, PayPal), calendar tools (e.g., Google Calendar), AI engines (e.g., OpenAI), ad platforms (e.g., Facebook), CRM sync tools, analytics platforms, and form processors. These integrations are optional and offered for your convenience.
However, all use of Third-Party Services is subject to those providers’ own terms of service and privacy policies. iFusion is not responsible for the availability, accuracy, reliability, security, or legality of any third-party service, nor for any harm or damages resulting from your use of such integrations.
If a third-party service fails, becomes unavailable, or breaches its own terms, your only recourse is with that provider. You agree to hold iFusion harmless from any claim arising out of your reliance on or connection to such third parties.
8.2 Data Sharing
By enabling an integration, you grant iFusion permission to share or transmit the necessary data (such as contact lists, calendar availability, payment amounts, or form responses) to enable the desired functionality. You are responsible for ensuring that this sharing complies with all applicable privacy laws and data protection standards. You also confirm that you have obtained the appropriate consents from your customers or users to facilitate such data flows.
iFusion is continuously improving the Platform and reserves the right to modify, enhance, update, discontinue, or limit any feature, module, or function at any time. This includes UI/UX enhancements, new features, sunset of old services, performance improvements, and security upgrades.
While we will attempt to provide advance notice of major changes that materially affect your use of the Platform (via email or in-app announcements), we may make immediate changes without notice when necessary for system integrity, legal compliance, or security.
We are not liable for any loss, disruption, or inconvenience you may experience due to such changes. You are encouraged to regularly review the platform documentation, update your integrations and automations as needed, and back up any critical data or workflows. Your continued use of the Platform after any update constitutes your acceptance of those changes.
You agree that your access to and use of the iFusion Platform must comply with all applicable export control and economic sanctions laws in the United States and in your country of residence. This includes, but is not limited to:
You represent and warrant that:
You must not use the Platform in any way that violates U.S. export laws, or facilitate use of the Platform by entities or individuals subject to U.S. sanctions or export restrictions. Any breach of this section may result in immediate suspension or termination of your account without refund, and may be reported to appropriate government authorities.
If iFusion assists you in registering a custom domain name for use with your marketing pages, email campaigns, or booking forms, the domain will be registered under our platform’s management system by default. This means:
You are responsible for ensuring that content hosted on your domain is lawful and that your use of the domain complies with applicable laws and ICANN regulations. iFusion is not liable for legal claims, disputes, or misuse of domains registered on your behalf. Transfer or renewal fees may apply, and failure to renew the domain will result in expiration and possible loss of ownership.
12.1 Our IP
All rights, title, and interest in and to the iFusion Platform—including its source code, design elements, logos, business logic, branding, documentation, AI models, databases, and any associated technology—are and shall remain the exclusive intellectual property of iFusion Software Solutions LLC. You receive a limited, non-exclusive, non-transferable, revocable license to use the Platform for your internal business operations during your active subscription.
You must not copy, reproduce, sell, modify, distribute, or create derivative works based on any part of the Platform unless expressly permitted in writing. Unauthorized use or reproduction of the Platform or its components constitutes a violation of intellectual property law and may result in account termination, legal action, and damages.
12.2 Feedback
If you choose to provide feedback, suggestions, bug reports, or recommendations to improve the Platform, you agree that iFusion has the unrestricted right to use such input without compensation, attribution, or obligation to you. Feedback does not confer any rights of ownership or control over Platform changes.
12.3 DMCA
We comply with the Digital Millennium Copyright Act (DMCA). If you believe any content on the Platform infringes your copyright, please notify us at support@ifusionsoftwaresolutions.com with:
We will respond to valid DMCA takedown requests in accordance with applicable laws and may remove or disable access to infringing content where appropriate.
THE IFUSION PLATFORM AND ALL SERVICES PROVIDED THROUGH IT ARE OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND—EXPRESS, IMPLIED, OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IFUSION DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:
iFusion does not guarantee that the Platform will be free of bugs, viruses, vulnerabilities, or other harmful components, or that it will function without errors or interruptions. No advice or information, whether oral or written, obtained from us or through the Platform shall create any warranty not expressly stated in these Terms.
You acknowledge that the use of any digital platform carries inherent risks, and that iFusion shall not be responsible for any loss of data, system outages, missed leads, or operational disruptions resulting from the Platform, integrations, user error, or third-party services.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL IFUSION SOFTWARE SOLUTIONS LLC, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR:
REGARDLESS OF THE CAUSE OF ACTION OR THEORY OF LIABILITY—WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE—IFUSION’S TOTAL CUMULATIVE LIABILITY SHALL BE LIMITED TO THE AMOUNT OF FEES YOU PAID TO IFUSION IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
Some jurisdictions do not allow limitations of liability for certain types of damages. If any portion of this section is found to be unenforceable, liability shall be limited to the maximum extent permitted by law.
You agree to defend, indemnify, and hold harmless iFusion, its officers, directors, employees, agents, affiliates, licensors, and service providers from and against any and all third-party claims, actions, demands, damages, losses, liabilities, costs, or expenses (including reasonable attorney’s fees and court costs) arising out of or related to:
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with our defense of such claims.
To promote prompt and efficient resolution of any disputes or issues, and to reduce the likelihood of stale or unverifiable claims, you agree that any legal claim, dispute, or cause of action you may have against iFusion arising out of or related to the Platform or these Terms must be filed within six (6) months after the occurrence of the event giving rise to the claim.
If a claim is not filed within that six-month window, it will be permanently barred, regardless of any statute or law to the contrary, unless prohibited by law in your jurisdiction.
This limitation period applies to all claims, whether they are based in contract, tort, statute, or any other legal theory, and it applies to all aspects of your relationship with iFusion, including use of the Platform, payment of fees, or alleged breaches of these Terms.
You acknowledge that any unauthorized use, copying, distribution, or access to the iFusion Platform, or breach of our Intellectual Property (§12) or Data Security provisions (§6), would cause immediate and irreparable harm to iFusion that cannot be fully remedied by monetary damages alone.
Therefore, in addition to any other remedies available under law or equity, iFusion shall be entitled to seek injunctive or equitable relief (such as a temporary restraining order, preliminary injunction, or permanent injunction), without the need to post a bond or prove actual monetary damages, to protect its rights or to prevent harm.
This includes, but is not limited to, situations involving:
You agree not to contest iFusion’s right to such relief and waive any objections to the scope or jurisdiction of the court in such proceedings.
No waiver of any term, provision, or condition of these Terms—whether by conduct or otherwise—shall be deemed to be a further or continuing waiver of such term or any other term unless expressly stated in writing.
If any provision of the Agreement is found to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, the remainder of the Agreement will continue in full force and effect. The unenforceable provision shall be modified or interpreted to the minimum extent necessary to render it enforceable while preserving the original intent as closely as possible.
This ensures the Agreement remains functional and legally binding, even if one part is deemed unenforceable.
You may not assign, transfer, delegate, or sublicense your rights or obligations under this Agreement without the prior written consent of iFusion. Any attempt to do so without our consent will be considered null and void.
We may assign this Agreement without your consent, including as part of a merger, acquisition, reorganization, or sale of assets, or to any affiliate or successor entity. This means that if iFusion is acquired or merges with another company, your agreement with us—and your data—will transfer to the new entity.
This section ensures continuity of service while protecting against unauthorized transfers that may violate iFusion’s policies or compromise data security.
Neither you nor iFusion shall be held liable for any failure or delay in performance under this Agreement—except for payment obligations—caused by events or circumstances beyond reasonable control, including but not limited to:
In the event such a Force Majeure occurs, the affected party must promptly notify the other and will be excused from performance for the duration of the event. Reasonable efforts must still be made to resume performance as soon as conditions permit.
If a Force Majeure persists beyond thirty (30) consecutive days, either party may terminate the affected portion of the Agreement with written notice.
21.1 Governing Law
This Agreement and all matters arising from or related to it shall be governed by and construed in accordance with the laws of the State of Delaware, USA, without regard to any conflict-of-law principles or the United Nations Convention on Contracts for the International Sale of Goods.
You agree that the laws of Delaware are the appropriate choice of law regardless of where you reside or use the Platform.
21.2 Arbitration
ALL DISPUTES OR CLAIMS between you and iFusion (including disputes about the Platform, billing, or these Terms) will be resolved exclusively through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.
You and iFusion waive the right to trial by jury, and arbitration shall be the sole and exclusive forum for resolving disputes.
21.3 Class Action Waiver
You agree that any proceedings shall be conducted only on an individual basis, and class, consolidated, or representative actions are not permitted.
This means you may not bring a claim as a plaintiff or class member in a class action, mass arbitration, or representative lawsuit.
All legal notices under this Agreement must be sent to support@ifusionsoftwaresolutions.com. Notices will be considered effective upon receipt of a confirmed email delivery or written confirmation.
For general communications, including updates, announcements, or billing-related matters, we may contact you through:
It is your responsibility to keep your contact details up to date.
These Terms, together with the Privacy Policy, Data Processing Addendum, Affiliate Program Agreement (if applicable), and any executed Order Form or Supplement, constitute the entire agreement between you and iFusion regarding access and use of the Platform.
This Agreement supersedes all prior discussions, proposals, or communications, whether oral or written, between the parties regarding its subject matter.
If there is a conflict between these Terms and a signed Order Form, the Order Form will control only with respect to the specific conflict.
This Agreement begins on the date you first click “I Agree,” register an account, or otherwise access the Platform, and will remain in effect until either party terminates it in accordance with §4 (Cancellation & Termination).
Upon termination, your right to access the Platform ends immediately, and your account data may be deleted after 30 days.
The following provisions will survive termination of the Agreement:
For clarity and consistency, the following terms used in this Agreement are defined as follows:
Other capitalized terms are defined contextually throughout the Agreement.
To maintain a safe and professional platform, you and all end users must comply with the following standards of conduct:
We reserve the right to take enforcement action, including suspension or termination of accounts, if we determine a violation of this Code.
iFusion’s Platform may include AI-driven features such as chatbots, text generation, or automation tools. By using these features, you agree not to:
Violations of the AI Use Policy may result in feature suspension, access restriction, or account termination.
If you have any questions about these Terms of Service or need to report a concern, please contact us: