Terms of service.
Terms of Service
Gerachy Systems LLC
Effective Date: 01/27/2026
Last Updated: 01/27/2026
These Terms of Service (“Terms”) govern access to and use of the websites, systems, platforms, software, and services provided by Gerachy Systems LLC (“Gerachy,” “we,” “our,” or “us”). By accessing or using Gerachy services, you agree to be bound by these Terms. If you do not agree, you may not access or use the services.
You agree that these Terms are enforceable in electronic form and that electronic acceptance constitutes legal agreement.
Use of Gerachy services is also subject to the Gerachy Privacy Policy, which is incorporated by reference and describes how personal information is collected, used, and processed.
Gerachy provides automated marketing and customer-data infrastructure designed to capture inbound inquiries, automate follow-up, manage contact information, and support operational workflows. Gerachy is not an advertising agency, marketing consultant, or campaign-based service. Gerachy provides systems, not business outcomes.
1. Eligibility and Authority
You represent that you are at least eighteen years old and have the legal authority to enter into these Terms on behalf of yourself or the entity you represent. If you are using Gerachy services on behalf of an organization, you represent and warrant that you are authorized to bind that organization to these Terms.
2. Scope of Services
Gerachy provides access to software-enabled systems and related services that support lead capture, automated communications, customer relationship management, booking workflows, and reporting. Features, configurations, and availability may vary by client, plan, or implementation.
Gerachy does not guarantee business growth, revenue increases, lead volume, conversion rates, or performance outcomes. You acknowledge that business results depend on factors outside Gerachy’s control, including market conditions, your offerings, responsiveness, data quality, and operational practices.
3. Account Responsibility
You are responsible for maintaining the confidentiality of account credentials, access links, and authentication methods associated with Gerachy services. You are responsible for all activity that occurs under your account, whether authorized or unauthorized.
You agree to provide accurate, current, and complete information and to promptly update information as necessary to maintain system integrity and compliance.
4. Acceptable Use
You agree to use Gerachy services only for lawful purposes and in compliance with applicable laws, regulations, and industry standards. You may not use Gerachy services to send unlawful, deceptive, abusive, harassing, misleading, or unsolicited communications, including spam or communications that violate consumer protection, privacy, or telecommunications laws.
Gerachy may suspend or terminate access to services if it reasonably determines that use of the services creates legal, security, reputational, or operational risk.
5. Communications and Messaging Compliance
Gerachy systems may enable automated email, SMS, or other communications. You are solely responsible for ensuring that communications sent through Gerachy comply with applicable laws, including consent, disclosure, opt-out, and recordkeeping requirements under laws such as the TCPA, CAN-SPAM Act, and similar regulations.
Gerachy provides infrastructure only and does not provide legal advice regarding messaging compliance.
6. Client Data and Data Protection
You retain all rights, title, and interest in data you submit to Gerachy systems (“Client Data”). Gerachy processes Client Data solely to provide, operate, and maintain services in accordance with these Terms, the Privacy Policy, and applicable agreements.
You represent and warrant that you have all necessary rights, consents, and permissions to collect, use, and submit Client Data, and that your use of Gerachy services does not violate applicable privacy, data protection, or consumer protection laws.
7. Fees, Taxes, and Payment
Fees, setup charges, subscription pricing, and billing terms are specified in your service agreement, invoice, or order form. All fees are exclusive of taxes, and you are responsible for all applicable taxes, duties, or governmental assessments.
Fees are non-refundable unless expressly stated otherwise in writing. Failure to pay fees when due may result in suspension or termination of services.
8. Third-Party Services
Gerachy services may integrate with or rely on third-party platforms, providers, or services. Gerachy is not responsible for third-party services, outages, changes, security incidents, or data handling practices. Your use of third-party services is governed by their respective terms and policies.
9. Intellectual Property
Gerachy retains all rights, title, and interest in its systems, software, workflows, configurations, trademarks, documentation, and related intellectual property. These Terms do not grant you ownership of Gerachy intellectual property.
You are granted a limited, non-exclusive, non-transferable, revocable right to use Gerachy services during the term of your agreement.
10. Feedback
If you submit feedback, suggestions, or ideas regarding Gerachy services, you grant Gerachy a perpetual, irrevocable, royalty-free, worldwide right to use, modify, and incorporate such feedback without restriction or obligation.
11. Confidentiality
Each party agrees to maintain the confidentiality of non-public information received from the other party and to use such information solely for purposes related to the services, unless disclosure is required by law.
12. Suspension and Termination
Gerachy may suspend or terminate access to services if you violate these Terms, fail to pay fees, or if continued service presents legal, security, or operational risk.
Upon termination, access to services may cease, and Client Data may be deleted, returned, or made available for export in accordance with applicable agreements and retention policies.
13. Disclaimer of Warranties
Gerachy services are provided on an “as is” and “as available” basis. To the maximum extent permitted by law, Gerachy disclaims all warranties, whether express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.
Gerachy does not warrant that services will be uninterrupted, error-free, or free from defects.
14. Limitation of Liability
To the maximum extent permitted by law, Gerachy shall not be liable for indirect, incidental, consequential, special, or punitive damages, including loss of profits, data, goodwill, or business opportunities, even if advised of the possibility of such damages.
Gerachy’s total liability arising out of or related to the services shall not exceed the amounts paid by you to Gerachy in the twelve months preceding the event giving rise to the claim.
15. Indemnification
You agree to indemnify and hold harmless Gerachy from any claims, damages, liabilities, costs, and expenses arising from your use of the services, your communications, your Client Data, or your violation of these Terms or applicable law.
16. No Agency or Partnership
Nothing in these Terms creates a partnership, joint venture, employment, fiduciary, or agency relationship between you and Gerachy.
17. Force Majeure
Gerachy shall not be liable for delays or failures in performance resulting from causes beyond its reasonable control, including acts of God, natural disasters, power or internet outages, governmental actions, labor disputes, or failures of third-party providers.
18. Export Controls and Sanctions
You may not use Gerachy services in violation of U.S. export control laws, economic sanctions, or applicable international regulations, including restrictions administered by the U.S. Treasury Department.
19. Assignment
You may not assign these Terms without Gerachy’s prior written consent. Gerachy may assign these Terms in connection with a merger, acquisition, corporate restructuring, or sale of assets.
20. Dispute Resolution and Arbitration
Any dispute, claim, or controversy arising out of or relating to these Terms or the services shall be resolved by binding arbitration administered by a recognized arbitration provider and conducted in the State of North Carolina, except that either party may seek injunctive relief in court for misuse of intellectual property or unauthorized access.
You waive the right to participate in any class action, collective action, or representative proceeding.
Any claim must be brought within one (1) year after the cause of action arises or be permanently barred.
21. Governing Law and Venue
These Terms are governed by the laws of the State of North Carolina, without regard to conflict-of-laws principles.
22. Survival
Sections relating to intellectual property, confidentiality, feedback, disclaimers, limitation of liability, indemnification, dispute resolution, governing law, and any provisions that by their nature should survive shall survive termination.
23. Severability and Entire Agreement
If any provision of these Terms is found unenforceable, the remaining provisions shall remain in full force and effect. These Terms constitute the entire agreement between you and Gerachy regarding the services unless superseded by a written agreement.
24. Contact Information
Gerachy Systems LLC
Mooresville, North Carolina, 28115
Email: legal@gerachy.com