Terms of Service

These Terms of Service ("Terms") are the agreement between you and Swimming in Sales, LLC, a Florida limited liability company in Jacksonville, Florida ("Wexar," "we," "us"), for the Wexar CRM service, the Wexar Phone app and our websites (together, the "Service"). By creating an account or using the Service you agree to these Terms. If you use Wexar for a company, you confirm you can bind that company to them.

1. The Service

Wexar is a sales CRM for pool professionals. It lets you keep contacts, deals, notes and to-dos; connect your email and calendar; log calls and texts from an Android phone; record and transcribe your meetings; and use AI features such as Cornelius, our AI sales coach. We may change, add or remove features. We will try to give notice of any change that significantly reduces what you paid for.

2. Your account

• You must give accurate information and keep your sign-in details secret. You are responsible for what happens under your account.
• You must be at least 18.
• Tell us right away if you think someone else has used your account: russ@swimminginsales.com.

3. Free trial, plans and payment

• Every plan starts with a 7-day free trial. No card is needed to start. When the trial ends, you need a paid plan to keep adding or changing data.
• Current prices: Solo is $29.99 per month or $299 per year for one seller. Team is $79.99 per month or $799 per year and includes three seats. Each extra seat is $29.99 per month. Prices are in US dollars and may be subject to tax.
• Payments are processed by Stripe. We do not store your card number. Subscriptions renew automatically at the end of each billing period until you cancel.
• You can cancel at any time. Cancellation takes effect at the end of the billing period you have already paid for. Fees already paid are not refunded, except where the law requires it or where we choose to.
• We may change prices. We will give you at least 30 days' notice before a change applies to you.
• If a payment fails, we may limit your account to read-only access until it is fixed.

4. Your data

• Your contacts, notes, messages, recordings and other content stay yours ("Your Data"). You give us permission to store and process Your Data only to run the Service for you, including sending the relevant parts to the providers listed in our Privacy Policy.
• You can export your contacts, calls and all your data from Settings at any time.
• If your account is closed, we may delete Your Data after a reasonable time. Export what you need first. You can also ask us to delete your account and data by email.

5. Your responsibilities

• Use it lawfully. You are responsible for having the right to store the personal information you put into Wexar, and for following the laws that apply to your sales activity, including laws about marketing email, calling and texting people, and do-not-contact lists.
• Recording. Laws about recording conversations differ by state and country. Some require everyone's consent. You are responsible for getting any consent the law requires before you record a meeting or call, and for how you use the recording.
• Phone app. The Wexar Phone app reads the call log and text messages on the Android phone where you install it, and only after you save your key. Install it only on a phone you own or are authorized to use, and tell the people whose messages are involved where the law requires.
• Do not misuse the Service: no illegal, harassing or deceptive use, no sending spam, no attempts to break, overload or reverse-engineer it, no reselling access, and no using it to build a competing product.

6. Third-party services

Wexar works with services you choose to connect, such as Microsoft Outlook and Google Calendar, and uses providers like Stripe, Supabase, Anthropic and AssemblyAI. Their own terms apply to your use of them. We are not responsible for outages or changes in services we do not control.

7. AI features

AI features, including Cornelius, summaries, suggested to-dos and the fields filled in from a recording or text, can be wrong or incomplete. They are suggestions to help you. Check them before you act on them or send anything to a customer. You are responsible for your business decisions and communications.

8. Our rights

We own the Service, including its software, design and branding. We give you a limited, non-exclusive, non-transferable right to use it while your account is active, under these Terms. If you send us feedback, we may use it without owing you anything.

9. Suspension and ending

You may stop using Wexar at any time. We may suspend or end your access if you break these Terms, if payment fails and is not fixed, if the law requires it, or if your use puts the Service or other people at risk. Where we can, we will tell you first.

10. No warranty

The Service is provided "as is" and "as available." We work to keep it reliable, but we do not promise it will be uninterrupted, error-free or fit for a particular purpose, or that any result, such as closing a sale, will follow from using it. To the extent the law allows, we disclaim all warranties not stated in these Terms.

11. Limit of liability

To the extent the law allows, we are not liable for indirect, incidental, special or consequential damages, or for lost profits, lost sales or lost data, arising from your use of the Service. Our total liability for any claim is limited to the amount you paid us for the Service in the 12 months before the claim arose. Some places do not allow these limits, so they apply only as far as the law permits.

12. Your indemnity

You agree to cover claims, losses and costs (including reasonable legal fees) that come from Your Data, your breach of these Terms, or your breach of a law, such as unlawful recording or messaging, when you use the Service.

13. Changes to these Terms

We may update these Terms. We will change the date above and, for material changes, notify account owners by email at least 30 days ahead where practical. If you keep using the Service after a change takes effect, you accept it.

14. Governing law and disputes

These Terms are governed by the laws of the State of Florida, without regard to conflict-of-law rules. Any dispute will be brought in the state or federal courts located in Duval County, Florida, and you and we agree to their jurisdiction.

15. Contact

Swimming in Sales, LLC, 13345 Stone Pond Drive, Jacksonville, FL 32224. Email: russ@swimminginsales.com. See also our Privacy Policy.