Terms and Conditions
Plans and billingMessaging complianceData processingSMS terms
These terms apply to the cearem.io website and to the CEAREM service provided by CEAREM, obrt za digitalni marketing, OIB 78837451774, Put Bokanjca 64, 23000 Zadar, Croatia (“CEAREM”, “we”, “us”). By using the website or the service, you agree to them. The service is for businesses: by signing up, you confirm that you are acting for a business and have authority to accept these terms on its behalf.
1. The Service
CEAREM is a cloud-based CRM and communications platform, provided as a monthly subscription together with account setup. The features included depend on your plan, as described on our pricing page. We add and improve features over time at no extra cost.
2. Plans, Fees and Billing
- Subscriptions are billed monthly in advance, in US dollars, and renew each month until cancelled.
- A one-time setup fee of $300 is charged when you start. It covers building your account and registering your business for texting where needed.
- Usage-based services, including phone numbers, text and picture messages, calls, call recording, email sending and AI, are billed as used at the underlying provider’s cost plus your plan’s margin: 10% on Starter, 7% on Serious and 4% on Scale.
- Optional add-ons, such as HIPAA Mode and WhatsApp Messaging, are billed monthly with your subscription at the prices on our pricing page, and you can cancel them at any time. WhatsApp message fees charged by Meta are billed as usage.
- Prices exclude any taxes that apply to you. We will give you at least 30 days’ notice before changing your subscription price.
- If a payment fails, we will tell you and may suspend the service until it is paid.
3. No Minimum Term, Pausing and Cancelling
There is no minimum term. You can pause or cancel at any time by emailing info@cearem.io or through your account, with no cancellation fees. Cancellation takes effect at the end of your current billing period and you will not be charged again. Before your account closes, you can export your contacts and leads.
4. Your Responsibilities and Messaging Compliance
You are responsible for how you use CEAREM to contact people. In particular, you agree to:
- obtain and record any consent the law requires before calling, texting or emailing anyone, including prior express written consent for marketing texts and calls where required;
- comply with the laws that apply to your communications, such as the US Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act and state telemarketing and texting laws, Canada’s Anti-Spam Legislation (CASL), the UK GDPR and PECR, Australia’s Spam Act 2003, and carrier and CTIA messaging guidelines;
- honor opt-outs promptly and respect quiet hours and call-time rules that apply to your recipients;
- give accurate business information for carrier registrations such as A2P 10DLC;
- not send spam or unlawful, deceptive, harassing or harmful content, and not use CEAREM for prohibited content categories under carrier rules;
- not store protected health information covered by HIPAA in CEAREM unless your account has the HIPAA Mode add-on and we have both signed a Business Associate Agreement (BAA), and then only in the parts of the service the BAA covers (for example, not in Facebook, Instagram or WhatsApp messages);
- keep your login details secure and tell us promptly about any unauthorized use.
Carriers decide whether to approve messaging registrations and may filter or block messages. We help you meet their requirements but cannot guarantee approval or delivery.
5. Your Data and Data Processing
You own the data you put into CEAREM, and you can export your contacts and leads at any time. We do not use your data for any purpose other than providing and supporting the service without your explicit permission.
When we process personal data on your behalf, you are the controller and we are your processor, and these data processing terms apply (GDPR Art. 28 and equivalent laws). We will:
- process personal data only on your documented instructions, which include these terms and your use of the service;
- ensure that people authorized to process the data are bound by confidentiality;
- apply appropriate technical and organizational security measures;
- use sub-processors (such as our platform, telephony, messaging, email and hosting providers) under written terms that protect the data to the same standard; by agreeing to these terms you authorize them, and we will tell you about changes so you can object; a current list is available on request;
- transfer data outside the EEA only with appropriate safeguards, such as Standard Contractual Clauses or an adequacy decision;
- help you respond to requests from data subjects and meet your security, breach notification and impact assessment obligations;
- notify you without undue delay after becoming aware of a personal data breach affecting your data;
- delete or return the data when the service ends, unless the law requires us to keep it;
- make available the information needed to demonstrate compliance with these obligations.
6. Third-Party Services
CEAREM relies on third-party providers, and connects to services you choose to link, such as Google, Facebook or Stripe. Their terms apply to your use of them, and we are not responsible for their availability or changes.
7. Availability and Support
We work to keep CEAREM available and to fix problems quickly, but we do not guarantee uninterrupted or error-free service. We may carry out maintenance and change features, and we will avoid changes that materially reduce what your plan includes.
8. Intellectual Property
We and our licensors own the CEAREM platform, website and brand. You receive a non-exclusive, non-transferable right to use the service during your subscription. You keep all rights to your content and data.
9. Disclaimer
EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, AND TO THE EXTENT THE LAW ALLOWS WE DISCLAIM ALL OTHER WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
10. Limitation of Liability
TO THE EXTENT THE LAW ALLOWS, WE ARE NOT LIABLE FOR INDIRECT OR CONSEQUENTIAL LOSSES, LOST PROFITS OR LOST DATA, AND OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE IS LIMITED TO THE SUBSCRIPTION FEES YOU PAID IN THE THREE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. Nothing in these terms limits liability that cannot be limited by law, such as liability for intent or gross negligence.
11. Indemnity
You agree to indemnify CEAREM against claims, fines and costs arising from messages, calls or emails you send through the service, or from your breach of these terms or of the laws listed in section 4.
12. Suspension and Termination
We may suspend or end your access if you seriously or repeatedly breach these terms, if your use puts carriers, recipients or other customers at risk (for example, high spam complaint rates), or if the law requires it. Where possible, we will warn you first and give you a chance to fix the problem.
13. SMS Terms
These terms apply to text messages that CEAREM sends you about our own services.
- Program: CEAREM booking, customer care and account messages, and, if you separately agree, marketing messages about our services.
- How you opt in: by ticking an optional consent box when you book a call or contact us, or by texting us first.
- Frequency: message frequency varies.
- Cost: message and data rates may apply.
- Opt out: reply STOP at any time. You’ll get one message confirming you’ve been unsubscribed.
- Help: reply HELP, or email info@cearem.io.
- Carriers are not liable for delayed or undelivered messages.
- Consent to receive texts is not a condition of any purchase.
- See our Privacy Policy for how we handle your number. We do not share mobile numbers or opt-in data with third parties for their marketing.
14. Governing Law and Disputes
These terms are governed by the laws of the Republic of Croatia, and the competent courts in Zadar, Croatia have jurisdiction, except where the law that protects you requires otherwise. We will always try to resolve a disagreement informally first: email us and we will respond.
15. Changes to These Terms
We may update these terms and will post the new version on this page. For significant changes, we will give customers at least 30 days’ notice by email. If you continue to use the service after the change takes effect, the new terms apply.
16. Contact
CEAREM, obrt za digitalni marketing, OIB 78837451774, Put Bokanjca 64, 23000 Zadar, Croatia. Email info@cearem.io.