User Agreement

1 Accepting this agreement

By creating an account, clicking to accept, or using Chalk, you agree to this User Agreement and to the Privacy Policy, which is part of it. If you do not agree, do not use Chalk.

You are agreeing on behalf of a business. The person who accepts represents that they are at least 18, that they are authorised to bind that business, and that the business information they enter is true. Both the business and that person are responsible under this agreement. Chalk is a tool for businesses and is not offered for personal, family or household use.

2 Words we use

3 What Chalk provides

Chalk is business management software delivered over the internet: quoting, scheduling, invoicing, payment collection, customer messaging, job costing, reporting and related tools, plus ChalkBot on plans that include it. We licence it to you as a subscription for the term you pay for. You are not buying the software and no copy of it is delivered to you.

Chalk is a tool, not a service provider in your trade and not an adviser. We do not perform your work, do not supervise your crews, do not verify your pricing, do not check your licences or insurance, and do not give legal, tax, accounting or regulatory advice. Figures Chalk calculates, including totals, taxes, fees, payroll and profit, are conveniences to be checked by you before you rely on them.

4 Your account and your people

You are responsible for everything that happens under your account, whether or not you authorised it. That includes every action taken by your Users, by anyone you give a device or PIN to, and by anyone who obtains a credential you failed to protect.

5 Fees, billing and renewal

Current prices are shown at chalkcrm.com/pricing and inside the app under Settings and Billing. Subscriptions are billed monthly in advance and renew automatically until cancelled. One owner seat is included in the plan price. Extra teammate seats are billed per person per month in addition to the plan.

6 Free trial

New accounts start with a 14-day free trial. No card is required to start. After 14 days, a card is required to keep using Chalk. The first paid invoice is after the trial ends, once a card is on file, unless you cancel in one press before then. The trial includes one owner seat. Extra seats are $14 a month after you pick a plan. ChalkBot is included for those 14 days. At the end of the trial the account is locked until a plan is chosen, after a short grace period. Trials are offered per business, not per email address, and we may end or shorten a trial that is being abused.

After the trial, Core does not include ChalkBot. The AI plan does. Live prices are on the pricing page.

If you pay and have a problem, email info@chalkcrm.com. We will refund the subscription charge. That is the exception to the no-refund rule in section 5.

We still add and change features. Some may be labelled beta, and those may be modified or withdrawn without notice. Beta features are provided as is and are excluded from any commitment about availability or fitness.

7 Cancelling and closing

You may cancel at any time from Settings and Billing, in one press, with nobody to call. Cancelling takes effect at the end of the billing period you have already paid for: the account keeps working normally until that date, nothing further is charged, and you may restart the plan before that date. Part periods are not refunded.

You may also close the account entirely. Closing is immediate and permanent: the subscription ends at once with no refund for the remainder of the period, Your Data is deleted, links you sent Your Customers stop working, and any text number assigned to you is released back to the carrier and may be reassigned to someone else.

8 Taking payments from your customers

Chalk is not a bank, a money transmitter, a payment processor or a party to any transaction between you and Your Customers. Card and bank payments are processed by Stripe through a Stripe account that belongs to you, under your agreement with Stripe. Funds are settled by Stripe directly to your account and never pass through ours. Card numbers never touch Chalk.

9 Texting and email: your legal obligations

Chalk can send text messages and emails to Your Customers, from a number or address associated with your business. You are the sender. In the eyes of the law, the carriers and the recipient, those messages come from your business, and you are solely responsible for them.

You represent, warrant and agree that:

Chalk gives you tools that make compliance easier, including opt out handling, quiet hours and message logs. Those tools are not a compliance programme, not a legal opinion, and not a defence. Delivery is never guaranteed: carriers filter and block messages at their own discretion, and we are not responsible for messages that are delayed, filtered, blocked or never delivered.

9.1 The messaging programme, for the people receiving it

Everything above is addressed to the businesses that use Chalk. This part is addressed to you, if a business has texted you from a Chalk number, and it is the description of the messaging programme that US carriers require to be published. It is also the page our customers' carrier registrations point at.

If you are being texted by a business you do not recognise, or after asking them to stop, tell us at support@chalkcrm.com with the number that texted you and we will act on it.

10 Your data, and our part in it

Your Data belongs to you. We claim no ownership of it. You grant us a worldwide, non-exclusive, royalty free licence to host, copy, transmit, display, back up and process Your Data solely to provide and support the Service, to keep it secure, and as this agreement or the law otherwise permits.

Between us, you are the controller of the personal information in your account and we are the processor acting on your instructions. You represent and warrant that:

How we handle information, who processes it for us, and how long we keep it are set out in the Privacy Policy. If you require a separate data processing agreement or have obligations under GDPR, UK GDPR or a similar regime, write to us and we will provide our standard terms.

11 Quotes, signatures and the records you create

Chalk lets Your Customers approve quotes and sign them electronically. Whether a particular quote, approval or signature forms a binding contract, and on what terms, is between you and Your Customer. We are not a party to it, we make no representation that any document Chalk produces is legally sufficient for your trade or your state, and we do not verify the identity of anyone who signs.

The terms, warranties, licence numbers, insurance details and disclosures on your quotes and invoices are yours to write and yours to keep lawful. Home improvement contracts in particular are heavily regulated in many states, including mandatory cancellation notices and specific contract language. Chalk's templates are starting points, not compliant contracts.

12 ChalkBot, automations and generated work

ChalkBot and related automations may draft or send texts and emails, answer customers who text in, suggest or make bookings, write or change leads, quotes, jobs, invoices and other records, and generate prices, copy, summaries and recommendations. They operate on the settings you choose, including whether a customer text is left as a draft or sent, whether inbound texts are handled automatically, and whether bookings and office work wait for your approval or run on their own. Anything they create or send goes out in your name, from your numbers and addresses, as your business.

You, not Chalk, are solely responsible for every action ChalkBot takes and every output it produces. That includes messages you never read before they left, bookings you did not personally confirm, quotes and invoices whose numbers or promises you did not check, and any harm that follows. Choosing "send it" or "just do it" is you authorising those acts. Leaving a setting on "draft" or "ask first" and then failing to review what was drafted is also your choice.

13 Acceptable use

You will not, and will not permit anyone else to:

We may, but are not obliged to, review content and activity, and may remove or restrict anything that in our reasonable judgement breaches this section.

14 Third party services

Chalk depends on services operated by others, including hosting and storage, payment processing, text messaging and voice, email delivery, address lookup and mapping. Your use of them may be subject to their own terms. We choose our providers carefully, but we do not control them, we do not guarantee their performance, and we are not liable for their acts, outages, decisions or failures. Where you connect an optional integration of your own, your relationship with that provider is yours to manage.

15 Ownership and licences

We own the Service and everything in it other than Your Data: the software, design, text, the Chalk name and logo, and all improvements to them. Nothing in this agreement transfers any of that to you. You may use the Service only as this agreement allows.

You may not use our name or logo without permission, except to say factually that your business uses Chalk. If you send us feedback, ideas or suggestions, we may use them freely and without obligation or payment to you.

We may use aggregated and de-identified data derived from use of the Service, which cannot reasonably identify you, your business or Your Customers, to operate, secure, analyse and improve it.

16 Availability, support and changes

We aim to keep Chalk running and quick, and we do not promise uninterrupted service. We do not currently offer a service level agreement, credits for downtime, or guaranteed support response times. Maintenance, provider outages, network problems and events outside our control will sometimes make the Service unavailable.

We may change, add or remove features. We will not make a change that materially reduces core functionality you are paying for without reasonable notice, and if such a change is unacceptable to you, cancelling under section 7 is your remedy.

Support is provided by email at info@chalkcrm.com on business days.

17 Suspension and termination by us

We may suspend or terminate your account, in whole or in part, if:

Where circumstances allow we will warn you first and give you a chance to fix the problem. Where they do not, such as an active security or messaging abuse issue, we may act immediately. On termination your right to use the Service ends, and Your Data is deleted after a reasonable opportunity to export it unless we must keep it by law.

18 Disclaimer of warranties

Some states do not allow the exclusion of certain warranties, so parts of this section may not apply to you.

19 Limitation of liability

These limits do not apply to your obligation to pay fees, to your indemnity under section 20, or to liability that cannot be limited by law. They apply in the aggregate across all claims, and they reflect a deliberate allocation of risk that is part of the price you pay. Some states do not allow certain limitations, so parts of this section may not apply to you.

20 Your indemnity

You will defend, indemnify and hold harmless Chalk, its owner, and its officers, employees, contractors and providers from and against any claim, demand, investigation, proceeding, loss, liability, damage, fine, penalty, cost and expense, including reasonable legal fees, arising out of or relating to:

We will notify you of any claim we seek indemnity for and may participate in the defence with our own counsel at our expense. You will not settle any claim in a way that imposes an obligation or admission on us without our written consent.

21 Disputes, law and venue

This agreement is governed by the laws of the State of South Carolina, without regard to conflict of law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Talk to us first. Before starting any formal proceeding, you agree to send a written description of the dispute to info@chalkcrm.com and to give us 30 days to resolve it informally. Most problems end here.

Arbitration. If we cannot resolve it, any dispute arising out of or relating to this agreement or the Service will be settled by final and binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, before one arbitrator, seated in Spartanburg County, South Carolina, or conducted remotely by agreement. Judgment on the award may be entered in any court of competent jurisdiction. The Federal Arbitration Act governs the interpretation and enforcement of this section.

No class actions. Disputes will be brought only in an individual capacity. Neither party may bring a class, collective, consolidated or representative action, and the arbitrator has no authority to hear one. If this waiver is found unenforceable as to a particular claim, that claim is severed and goes to court, while the rest stays in arbitration.

Exceptions. Either party may bring an individual claim in small claims court, and either party may seek injunctive relief in the state or federal courts in South Carolina to protect intellectual property or address unauthorised access. Both parties consent to the jurisdiction of those courts for that purpose.

Any claim must be brought within one year after it arises, or it is permanently barred, to the extent the law allows a shortened period.

22 Changes to this agreement

We may update this agreement. If a change is material we will give notice by email or in the app before it takes effect, normally at least 30 days ahead, and the date at the top will change. Continuing to use Chalk after a change takes effect means you accept it. If you do not accept it, cancel under section 7. We will not apply a material change retroactively to a dispute that already exists.

23 General terms

24 How to reach us

Chalk · info@chalkcrm.com · Duncan, South Carolina, United States. We answer billing, privacy, security and legal questions at that address.