Terms & Conditions

1. Introduction and Definitions

These Terms and Conditions ("Agreement") govern your access to and use of the NotLuck CRM Platform ("Platform", "Service") provided by Peppercord Limited, trading as NotLuck ("we", "us", "our", "NotLuck"), a company registered in England and Wales.

2. Acceptance of Terms

By creating an account, subscribing to any plan, or using the Platform in any way, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms.

3. Service Description

3.1 Platform Features

The NotLuck CRM Platform provides customer relationship management tools, marketing automation, communication features, and related business software. Specific features available to you depend on your subscription tier.

3.2 Third-Party Infrastructure

The Platform operates on third-party infrastructure and integrates with third-party services including, but not limited to, telephony providers, messaging services (SMS, WhatsApp), email delivery systems, and payment processors. Your use of these integrated services is subject to their respective terms and conditions.

3.3 Service Availability

While we strive for high availability, we do not guarantee uninterrupted access to the Platform. Scheduled maintenance, updates, and circumstances beyond our control may result in temporary service interruptions.

4. Subscription, Fees, and Payment

4.1 Subscription Plans

Subscription fees are charged monthly or annually in advance, as specified in your selected plan. Your subscription automatically renews at the end of each billing period unless cancelled in accordance with Section 9.

4.2 Setup Fees

Where applicable, one-time setup fees are payable as specified in your proposal or order form. Setup fees are non-refundable once work has commenced.

4.3 Usage Charges (Rebilling)

4.4 Payment Terms

• All fees are exclusive of VAT unless otherwise stated.
• Payment is due on the date specified in your invoice or order form.
• We reserve the right to suspend access to the Platform if payment is overdue by more than 7 days.
• Failed payments will be retried. Continued payment failure may result in account suspension or termination.

4.5 Price Changes

We may adjust subscription fees or usage rates with 30 days' written notice. Continued use of the Platform after such notice constitutes acceptance of the new pricing. Usage rates for telephony and messaging may change without notice due to third-party provider rate changes.

5. Your Responsibilities and Acceptable Use

5.1 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorised access or security breach.

5.2 Lawful Use

You agree to use the Platform only for lawful purposes and in accordance with all applicable laws and regulations, including but not limited to:

• UK General Data Protection Regulation (UK GDPR) and Data Protection Act 2018
• Privacy and Electronic Communications Regulations (PECR)
• Telephone Preference Service (TPS) regulations
• Anti-spam legislation applicable to your communications
• Any industry-specific regulations applicable to your business (e.g., FCA, ICO)

5.3 Prohibited Activities

You must not:

• Send unsolicited bulk communications (spam)
• Use the Platform for any fraudulent, deceptive, or illegal purposes
• Attempt to gain unauthorised access to the Platform or related systems
• Transmit malware, viruses, or other harmful code
• Resell or sublicence the Platform without our express written consent
• Use the Platform in a way that could damage, disable, or impair the service
• Store, process, or transmit content that is unlawful, harmful, or infringes third-party rights

5.4 Compliance Responsibility

6. Data Protection and Privacy

6.1 Data Processing

When you use the Platform to store and process personal data of your customers, contacts, or other individuals, you act as the Data Controller and NotLuck acts as a Data Processor on your behalf. Our processing of such data is governed by our Data Processing Agreement, which forms part of this Agreement.

6.2 Your Data

You retain ownership of all data you upload to or create within the Platform ("Your Data"). You grant NotLuck a limited licence to process Your Data solely for the purpose of providing the Platform services to you.

6.3 Data Location

The Platform uses third-party infrastructure that may store data in various locations, including but not limited to the United States and European Union. By using the Platform, you acknowledge and consent to this data transfer.

6.4 Data Security

We implement appropriate technical and organisational measures to protect data processed through the Platform. However, no system is completely secure, and you acknowledge this inherent risk.

6.5 Data Retention and Deletion

Upon termination of your subscription, we will retain Your Data for 30 days to allow you to export it. After this period, Your Data may be permanently deleted. We recommend you export all necessary data before cancellation.

7. Intellectual Property

7.1 Platform Ownership

The Platform, including all software, features, documentation, and underlying technology, is owned by NotLuck and/or its licensors. Your subscription grants you a limited, non-exclusive, non-transferable right to access and use the Platform during the subscription term.

7.2 Custom Work

Unless otherwise agreed in writing, any custom configurations, workflows, automations, or other work created by NotLuck as part of Setup Services remains the intellectual property of NotLuck. You are granted a licence to use such work within the Platform during your subscription.

7.3 Your Content

You retain all rights to content you upload to the Platform (text, images, branding, etc.). You grant NotLuck permission to display and process such content as necessary to provide the services.

8. Limitation of Liability

8.1 Service Provided "As Is"

The Platform is provided on an "as is" and "as available" basis. To the maximum extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

8.2 Limitation of Damages

To the maximum extent permitted by law, NotLuck's total liability to you for any claims arising from or relating to this Agreement or your use of the Platform shall not exceed the total fees paid by you to NotLuck in the twelve (12) months immediately preceding the claim.

8.3 Exclusion of Consequential Damages

To the maximum extent permitted by law, NotLuck shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, business, or goodwill, even if advised of the possibility of such damages.

8.4 Third-Party Services

We are not responsible for any third-party services integrated with the Platform, including telephony providers, messaging services, or payment processors. Any issues with third-party services should be directed to those providers.

8.5 Your Indemnification

You agree to indemnify and hold NotLuck harmless from any claims, damages, or expenses (including reasonable legal fees) arising from your use of the Platform, your violation of this Agreement, or your violation of any applicable laws or regulations.

9. Termination and Cancellation

9.1 Cancellation by You

You may cancel your subscription at any time through the Platform or by contacting us. Cancellation takes effect at the end of your current billing period. No refunds are provided for partial billing periods.

9.2 Termination by NotLuck

We may suspend or terminate your access to the Platform immediately if:

• You breach any provision of this Agreement
• Payment is overdue and remains unpaid after notice
• Your use of the Platform poses a security risk or legal liability
• Required by law or regulatory authority

9.3 Effect of Termination

Upon termination:

• (a) your right to access the Platform ceases immediately
• (b) all outstanding fees become due
• (c) Your Data will be retained for 30 days then permanently deleted
• (d) any unused wallet balance may be refunded at our discretion, less any amounts owed

9.4 Minimum Term

Where a minimum term is specified in your order form or proposal, early termination fees may apply. These will be calculated as the remaining subscription fees due for the minimum term period.

10. General Terms

10.1 Governing Law

This Agreement shall be governed by and construed in accordance with the laws of England and Wales. Any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.

10.2 Entire Agreement

This Agreement, together with any applicable order form, proposal, or Data Processing Agreement, constitutes the entire agreement between you and NotLuck regarding the Platform and supersedes all prior agreements and understandings.

10.3 Amendments

We may update these terms from time to time. Material changes will be notified via email or the Platform. Continued use after such notification constitutes acceptance of the updated terms.

10.4 Severability

If any provision of this Agreement is found to be unenforceable, the remaining provisions shall continue in full force and effect.

10.5 No Waiver

Our failure to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

10.6 Assignment

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

10.7 Force Majeure

Neither party shall be liable for any failure or delay in performing their obligations due to circumstances beyond their reasonable control, including but not limited to natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, pandemic, strikes, or infrastructure failures.

11. Contact Information

For questions about these Terms and Conditions, please contact: