Terms of Service

These Terms of Service (“Terms”) govern your use of ZelkonCRM and all related websites, applications and services (collectively, the “Service”) provided by TKM Group FZE (“TKM,” “we,” “us” or “our”). These Terms take effect on June 9, 2025. By accessing, registering for or using any part of the Service, you acknowledge that you have read, understood and agree to be bound by these Terms, as well as any policies (including our Privacy Policy) referenced herein. If you do not agree to all of these Terms, you must immediately cease all use of the Service.

1. DEFINITIONS

1.1 “Account” means the credentials (username, password, MFA tokens) and the profile, settings, preferences and usage history associated with your registration on the Service. It also encompasses any sub-accounts or delegated access you create for your employees, partners or agents.
1.2 “Authorized User” means any natural person to whom you have granted permission—via your Account settings—to access or use the Service on your behalf, subject to the limitations of your Subscription.
1.3 “Content” means all materials you or your Authorized Users upload, submit, generate or store in ZelkonCRM, including but not limited to text, contact records, attachments, email templates, reports, dashboards and custom objects.
1.4 “Documentation” refers to any written or electronic user guides, technical manuals, API references, implementation checklists, knowledge-base articles, release notes and onboarding presentations that we provide to help you understand and use the Service.
1.5 “Order Form” means the online or written document specifying the Subscription plan, term length, feature entitlements, user limits, fees, billing cycle and any promotional discounts or credits you have agreed to, which is incorporated by reference and forms part of these Terms.
1.6 “Service” means ZelkonCRM, its web portal, mobile applications, APIs, integrations, plug-ins, widgets and any software-as-a-service features that TKM makes available to you under these Terms, now or in the future.
1.7 “Subscription” means the right to access and use the Service during a specified period (monthly, annually or otherwise) under the terms of an Order Form, whether you are on a free, trial, paid or enterprise-level plan.
1.8 “User Data” means all electronic data, content and information—including personal data, business information and metadata—that you or your Authorized Users upload, store, submit, process or display through the Service.

2. ELIGIBILITY & ACCOUNT SETUP

2.1 You represent and warrant that you (a) are at least eighteen (18) years old (or the age of majority in your jurisdiction), (b) have full legal capacity and authority to enter into these Terms, and (c) will use the Service only in compliance with all applicable laws and regulations.
2.2 When setting up your Account, you must provide accurate, complete and current registration information, including a valid email address and any billing details required. You agree to promptly update this information upon any change.
2.3 Each Account is for a single legal entity; cross-account sharing of credentials is prohibited unless expressly permitted in writing by TKM. You are fully responsible for all activities that occur under your Account and for any breach of these Terms resulting from use of your Account, even if the activity was caused by an Authorized User or a third party to whom you provided access.

3. ACCOUNT SECURITY & ACCESS

3.1 You are solely responsible for safeguarding your login credentials and any multi-factor authentication (MFA) methods you enable. Under no circumstances may you share your password or MFA token with anyone outside your organization.

3.2 If you suspect that your Account credentials have been lost, stolen or otherwise compromised, you must notify TKM immediately by emailing info@zelkoncrm.com.

3.3 TKM may, at its discretion and in line with industry best practices, require and enforce measures such as minimum password complexity, periodic password resets, account lockouts after multiple failed login attempts, IP-based access restrictions or mandatory MFA for all users or particular roles.

3.4 TKM will never ask you to disclose your password via email, chat or telephone. Any request for your password or MFA tokens should be treated as fraudulent; please forward such requests to info@zelkoncrm.com for investigation.

4. SERVICE OVERVIEW & UPDATES

4.1 You may extend or integrate the Service with third-party applications via our published APIs, webhooks. Use of those extensions is subject to separate terms provided by the third-party provider.
4.2 TKM periodically releases new features, performance improvements and security updates. We will communicate major releases through email, in-app notifications or our release-notes portal. Minor patches or hot-fixes may be applied with little or no notice if they address critical issues or vulnerabilities.
4.3 Certain features may be designated as “beta,” “preview” or “pilot.” Such features (a) may not be fully tested, (b) can be modified or deprecated at any time without notice, and (c) are provided “as is,” without any warranty regarding their performance or suitability for production use. Participation in beta programs is voluntary and subject to separate terms.

5. SUBSCRIPTION PLANS, ORDER FORMS & TERM

5.1 We offer a variety of Subscription tiers—Free, Trial, Professional, Enterprise and custom—each with specific feature entitlements, user-seat allowances, storage limits and support levels. Details are available on our pricing page and in your Order Form.
5.2 The initial Subscription term begins on the date of your first Account activation. Unless otherwise specified in your Order Form, all Subscriptions automatically renew for successive terms equal in length to the initial term, at the then-current fees.
5.3 You may upgrade or downgrade your plan at any time through your Account portal or by contacting info@zelkoncrm.com. Upgrade or downgrade actions take effect on the next billing cycle, and any pro-rata credits or charges will be calculated in accordance with our proration policy.
5.4 If you wish to cancel your Subscription, you must do so at least ten (10) days prior to the renewal date by following the cancellation procedure described in the Documentation or by emailing info@zelkoncrm.com. Failure to cancel in a timely manner will result in automatic renewal and billing.

6. FEES, BILLING & PAYMENT TERMS

6.1 All Subscription fees are quoted in U.S. dollars (or another currency expressly agreed in writing) and exclude any applicable taxes, duties or levies.
6.2 You agree to pay all fees in advance, in accordance with the billing frequency set forth in your Order Form (monthly, quarterly, annual). You authorize TKM to charge your designated payment method on or before each renewal date.
6.3 If any payment is not received within five (10) days after the due date, TKM may suspend your access to the Service and disable all integrations until the overdue amounts are paid. Continued non-payment for thirty (30) days or more will constitute a material breach and may lead to termination of your Account and deletion of User Data.
6.4 We reserve the right to assess a late fee equivalent to 1.5% per month (or the maximum rate permitted by law) on any overdue balance. You are responsible for any fees charged by your financial institution for declined transactions or returned payments.

7. TAXES & WITHHOLDINGS

7.1 Subscription fees and other charges are exclusive of all federal, state, local and foreign taxes, levies, import duties or similar governmental assessments of any nature (“Taxes”). You are responsible for paying all Taxes associated with your purchases under these Terms.
7.2 If TKM has the legal obligation to collect or pay Taxes for which you are responsible, the appropriate amount will be invoiced to and paid by you unless you provide a valid tax exemption certificate.

8. FREE TRIALS & PROMOTIONAL OFFERS

8.1 From time to time, we may offer free trials of certain Subscription tiers or promotional credits toward paid Subscriptions. Such offers will be governed by additional terms presented at signup.

8.2 Free trials typically last between seven (7) and thirty (30) days. You may be required to provide payment information to enroll in a trial.

8.3 At the end of the trial period, your access to trial features and any promotional credits will expire. Your Subscription will not automatically convert to a paid plan; to continue using the Service, you must manually select and purchase a paid plan through your Account portal. We will send a reminder email at least three (3) days before trial expiration to prompt you to upgrade or cancel.

9. SERVICE MODIFICATIONS & MAINTENANCE

9.1 TKM reserves the right to modify, suspend or discontinue any part of the Service, including features, integrations or pricing, at any time and without liability, provided that we will use commercially reasonable efforts to give you at least thirty (30) days’ notice for material changes.
9.2 We perform scheduled maintenance during off-peak hours, typically between midnight and 4:00 AM Gulf Standard Time. Whenever feasible, we will announce maintenance windows at least seventy-two (72) hours in advance via email and in-app notifications.
9.3 Emergency maintenance may be required to address security vulnerabilities, performance issues or outages. Emergency maintenance may occur on short notice and may be performed outside scheduled windows.

10. SERVICE LEVEL OBJECTIVES & CREDITS

10.1 TKM’s target service availability (“Uptime Commitment”) is 99.9% per monthly billing cycle, excluding scheduled maintenance and Force Majeure events.
10.2 If we fail to meet the Uptime Commitment in a given month, you may be eligible for a service credit equal to a percentage of your monthly Subscription fee, calculated as set forth in our Service Level Agreement, which is available upon request from info@zelkoncrm.com.
10.3 To receive a service credit, you must submit a written request to info@zelkoncrm.com within thirty (30) days after the end of the month in which the outage occurred. Service credits apply only to future payments and are your sole remedy for any failure to meet the Uptime Commitment.

11. SUPPORT & ESCALATION PROCEDURES

11.1 Standard support is available through our in-app chat widget and via email at info@zelkoncrm.com, during business hours (9 AM–6 PM Gulf Standard Time, Monday–Friday, excluding public holidays).
11.2 We strive to acknowledge all support requests within one business day and to resolve P1 incidents (Service down) within four (4) hours for Enterprise customers and eight (8) hours for Professional customers. Actual resolution times may vary based on issue complexity.
11.3 For critical or unresolved issues, you may request escalation by contacting your account manager (if applicable) or emailing info@zelkoncrm.com with the original ticket reference.

12. THIRD-PARTY INTEGRATIONS & APIs

12.1 The Service offers pre-built integrations with various third-party systems (e.g., email providers, marketing automation platforms, file-storage services) and a public RESTful API for custom integrations.
12.2 Use of third-party integrations and APIs is subject to any additional terms imposed by the third-party provider or by TKM’s API documentation, including rate limits, usage quotas and security requirements.
12.3 TKM does not warrant the availability, performance or security of any third-party service or integration and is not responsible for any failures, errors or breaches that occur through such integrations.

13. USER DATA OWNERSHIP, PROCESSING & PRIVACY

13.1 You retain all right, title and interest in and to your User Data.
13.2 You grant TKM a limited, worldwide, royalty-free license to copy, store, transmit, display and otherwise use User Data solely to provide, maintain, secure and improve the Service and to develop new features.
13.3 TKM acts as a data processor on your behalf under applicable data protection laws (e.g., GDPR, PDPL). You are solely responsible for ensuring that your collection, processing and storage of personal data via the Service complies with all applicable laws and for obtaining any necessary consents.

14. DATA SECURITY, BACKUPS & RETENTION

14.1 TKM maintains industry-standard safeguards to protect your User Data against unauthorized access, use or disclosure.

14.2 We perform regular security reviews and work with trusted partners to ensure our systems remain secure.

14.3 We back up your User Data routinely and retain those backups for at least thirty (30) days.

15. DATA BREACH NOTIFICATION

In the event of a confirmed data-security incident affecting the confidentiality, integrity or availability of your User Data, TKM will notify you without undue delay and provide details of the incident, mitigation measures taken and recommended next steps. We will cooperate fully with your incident-response team and with any applicable regulatory or contractual breach-notification requirements.

16. CONFIDENTIALITY

16.1 “Confidential Information” means any non-public information disclosed by one party to the other that is designated confidential or that reasonably should be understood to be confidential given the nature of the information.
16.2 Each party agrees (a) to use the same degree of care to protect the other party’s Confidential Information as it uses to protect its own, but no less than reasonable care, (b) not to disclose the other party’s Confidential Information to third parties except as expressly permitted, and (c) to use Confidential Information only to perform its obligations or exercise its rights under these Terms.
16.3 Confidentiality obligations survive termination or expiration of these Terms for three (3) years.

17. INTELLECTUAL PROPERTY RIGHTS

17.1 All intellectual property rights—including patents, trademarks, service marks, trade names, copyrights, database rights, moral rights and trade secrets—in and to the Service (including all software, content, designs, workflows, Data Models, code libraries, Documentation and other materials) are owned exclusively by TKM or its licensors.
17.2 You are granted no rights in any TKM trademarks or logos, nor any right to use or reference TKM’s name or logo in any marketing, publicity or other materials without our prior written consent.

18. PROFESSIONAL SERVICES

If you engage TKM to perform professional services—such as implementation, data migration, customization, training or consulting—those services will be governed by a separate Statement of Work (SOW) or Master Services Agreement (MSA), which will describe the scope, deliverables, timeline, fees and acceptance criteria and will incorporate these Terms by reference.

19. FEEDBACK

You may from time to time provide comments, bug reports, suggestions or other feedback regarding the Service (“Feedback”). You hereby grant TKM a perpetual, irrevocable, worldwide, royalty-free, fully paid-up license to use, exploit, modify and incorporate such Feedback into the Service and any other products or services, without any obligation of confidentiality, attribution or compensation to you.

20. PROFESSIONAL DISCLAIMER

While we strive to ensure the accuracy, reliability and security of the Service, you acknowledge that (a) the Service may not be error-free or uninterrupted, (b) the Service is not a substitute for professional judgment or advice, and (c) TKM disclaims any liability for your reliance on or decisions made based on the Service.

21. WARRANTY DISCLAIMER

Except for the limited warranty in Section 4.2 (beta features) and Section 18 (professional services), the Service is provided “as is” and “as available,” and TKM disclaims all warranties, whether express, implied or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement or uninterrupted service.

22. LIMITATION OF LIABILITY

22.1 To the maximum extent permitted by applicable law, TKM’s aggregate liability under or related to these Terms, whether in contract, tort (including negligence), strict liability or otherwise, shall not exceed the total Subscription fees paid by you in the twelve (12) months preceding the event giving rise to the claim.
22.2 In no event shall TKM be liable for any indirect, incidental, consequential, special, exemplary or punitive damages, including loss of profits, loss of revenue, loss of data, business interruption or loss of goodwill, even if advised of the possibility of such damages.

23. INDEMNIFICATION

You agree to indemnify, defend and hold harmless TKM and its officers, directors, employees, agents and affiliates from and against any and all claims, liabilities, damages, losses or expenses (including reasonable attorneys’ fees) arising out of or relating to (a) your breach of these Terms, (b) your negligent or unlawful use of the Service, (c) any violation by you of applicable laws or third-party rights, or (d) any claim that your User Data or Content violates these Terms.

24. TERM, SUSPENSION & TERMINATION

24.1 These Terms commence on your first use of the Service and remain in effect until all Subscriptions have expired or been terminated.
24.2 You may terminate your Subscription at any time by cancelling through your Account in accordance with Section 5.4; termination will take effect at the end of your current billing period.
24.3 TKM may suspend or terminate your access immediately if you materially breach these Terms, fail to pay fees when due, engage in illegal or fraudulent activity or infringe third-party intellectual property rights.
24.4 Upon suspension or termination, your right to access the Service ends immediately. Sections 1, 2, 6–7, 11–16, 19–24, 26–29 survive termination.

25. EFFECT OF TERMINATION

Upon termination or expiration of these Terms for any reason:

 

All licenses and rights granted to you under these Terms immediately cease.

 

You must cease all use of the Service and delete any copies of the software or Documentation in your possession.

26. EXPORT COMPLIANCE

You agree to comply with all export control laws and regulations that apply to the Service and any related technology. You will not, directly or indirectly, export or re-export the Service or any part of it to any jurisdiction or end user subject to export restrictions, including those in the UAE, EU, U.S. or other applicable territories.

27. FORCE MAJEURE

Neither party will be liable for any failure or delay in performing its obligations under these Terms to the extent that such failure or delay is caused by events beyond its reasonable control, including acts of God, war, terrorism, civil unrest, strikes, Internet outages, pandemics, governmental actions or other force-majeure events.

28. GOVERNING LAW & DISPUTE RESOLUTION

These Terms and any disputes arising out of or relating to them shall be governed by and construed in accordance with the laws of the United Arab Emirates, without regard to its conflict-of-law principles. You and TKM submit to the exclusive jurisdiction of the courts of Sharjah. Prior to initiating litigation, the parties agree to attempt in good faith to resolve any dispute by negotiation or mediation.

29. NOTICES

All notices and other communications under these Terms must be in writing and will be deemed given when delivered:

By email to info@zelkoncrm.com (if to TKM) or to the email address we have on file for you (if to you), provided that an email confirmation is received; or

By certified mail, return receipt requested, to Business Centre, Sharjah Publishing City, Sharjah, United Arab Emirates (if to TKM) or to your mailing address on file (if to you).

30. AMENDMENTS

We may amend these Terms at any time. If we make material changes, we will give you at least thirty (30) days’ prior notice via email. Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of the new Terms.

31. ASSIGNMENT

You may not assign or transfer your rights or obligations under these Terms without TKM’s prior written consent. TKM may assign these Terms, in whole or in part, to an affiliate or successor in connection with a merger, acquisition, change of control or sale of assets, provided that the assignee assumes all of TKM’s obligations under these Terms.

32. SEVERABILITY & WAIVER

If any provision of these Terms is held invalid or unenforceable by a court of competent jurisdiction, the other provisions will remain in full force and effect. No failure or delay by either party in exercising any right under these Terms will operate as a waiver of that right.

33. ENTIRE AGREEMENT

These Terms, together with any Order Forms, our Privacy Policy and any policies expressly incorporated by reference, constitute the entire agreement between you and TKM with respect to the Service and supersede all prior or contemporaneous understandings, whether written or oral.