Torch CRM — Terms of Service

Last updated: November 3, 2026 · Version 1.3

These Terms of Service (the "Terms") are a binding agreement between JMcMahan LLC, a Texas limited liability company ("Torch CRM," "we," "us"), and the business entity accepting these Terms ("Customer," "you"). They govern access to and use of the Torch CRM software-as-a-service platform, websites, and related services (the "Service"). By creating an account, clicking to accept, or using the Service, you agree to these Terms on behalf of the entity you represent, and you represent that you have authority to bind that entity.

1. Eligibility and business use

The Service is offered for business use only. You must be at least 18 years old and using the Service on behalf of a business. The Service is not directed to consumers or to children, and no consumer relationship is created by these Terms.

2. Accounts and security

You are responsible for the accuracy of your registration information, for maintaining the confidentiality of credentials, and for all activity under your account. Multi-factor authentication is available and strongly recommended for all users. Notify us promptly at support@jmcmahanllc.com of any suspected unauthorized access. You will ensure that your authorized users comply with these Terms, and you are responsible for their acts and omissions.

Text-message authentication. If you enable sign-in or two-factor authentication by text message, you consent to receive automated one-time authentication codes at the mobile number on your user account. These messages are transactional, not marketing: a code is sent only when it is requested, so frequency varies with how often you sign in. Message and data rates may apply. Reply HELP for help or STOP to opt out; opting out disables text-message authentication for that number and does not otherwise affect your account. Carriers are not liable for delayed or undelivered messages. How we handle mobile numbers is described in our Privacy Policy.

3. Subscriptions, fees, and billing

3.1 Plans. The Service is offered on the subscription plan described at the time of purchase, priced per user. Plan inclusions and prices are those displayed at checkout or in an applicable order form.

3.2 Billing. Fees are billed in advance on a recurring basis through our payment processor, Stripe. You authorize recurring charges to your payment method. We do not store your full payment card details.

3.3 Auto-renewal and cancellation. Subscriptions renew automatically at the end of each billing period unless canceled before renewal. You may cancel at any time, effective at the end of the current billing period. Except as required by law, under the 30-day money-back guarantee below, or as otherwise expressly stated, fees are non-refundable.

30-day money-back guarantee. If you are not satisfied with the Service for any reason, email support@jmcmahanllc.com within 30 days after your first subscription payment and we will refund the subscription fees you have paid, to the original payment method, and cancel the subscription. The guarantee applies once per customer, to its first paid subscription.

3.4 Price changes. We may change prices with at least 30 days' notice; changes take effect at your next renewal.

3.5 Taxes. Fees are exclusive of taxes; you are responsible for applicable taxes other than taxes on our income.

3.6 Late or failed payment. We may suspend the Service for accounts with amounts past due more than 15 days after notice.

4. Customer Data

4.1 Ownership. As between the parties, you own all data, records, and content you or your users submit to the Service ("Customer Data").

4.2 License to us. You grant us a limited, non-exclusive license to host, process, transmit, and display Customer Data solely to provide, secure, and improve the Service and as otherwise permitted by these Terms.

4.3 Data protection. Our processing of personal data within Customer Data is governed by these Terms, our Privacy Policy, published on our website at /privacy, and any data processing addendum signed by you and us ("DPA"), which is incorporated into these Terms. We maintain administrative, technical, and physical safeguards including encryption in transit and at rest, per-tenant isolation, and daily backups of the Service's database.

4.4 Your responsibilities. You are responsible for the accuracy and lawfulness of Customer Data, for having all rights and consents needed to submit it, and for not submitting data you are not permitted to share with us.

4.5 Access by our personnel. Authorized Torch CRM personnel may access your workspace, including Customer Data, and make changes in it where needed to provide support, maintain and secure the Service, and investigate problems. When our personnel enter your workspace through the Service, the session, its stated reason, and any changes made during it are recorded in your workspace's audit trail, marked as our staff. Database-level maintenance, such as data corrections and backup restores, is performed only by authorized personnel under our internal procedures.

5. Acceptable use

You will not, and will not permit anyone to: (a) use the Service in violation of law or these Terms; (b) attempt to gain unauthorized access to the Service, other customers' data, or our systems; (c) probe, scan, or test the vulnerability of the Service without our prior written consent; (d) interfere with or disrupt the integrity or performance of the Service; (e) upload malicious code; (f) use the Service to send spam or unlawful communications; (g) reverse engineer, decompile, or copy the Service except as permitted by law; (h) resell, sublicense, or provide the Service to third parties as a service bureau; (i) use the Service to build a competing product; or (j) exceed reasonable usage consistent with your plan. We may suspend accounts engaged in conduct that threatens the security or operation of the Service, with notice where practicable.

6. Third-party services

The Service interoperates with third-party services (for example, Stripe for payments). Your use of third-party services is governed by their terms, and we are not responsible for third-party services.

7. Intellectual property; feedback

We and our licensors own the Service, including all software, interfaces, and documentation, and all related intellectual property rights. No rights are granted except as expressly stated. If you provide feedback or suggestions, you grant us a perpetual, irrevocable, royalty-free license to use them without restriction or obligation.

8. Confidentiality

Each party will protect the other's non-public information disclosed in connection with the Service ("Confidential Information") with at least reasonable care, use it only to perform under these Terms, and not disclose it to third parties except to personnel and advisors bound by confidentiality obligations, or as required by law with notice where legally permitted. Customer Data is your Confidential Information; the Service and our security documentation are ours.

9. Availability, support, and changes

We use commercially reasonable efforts to make the Service available, with real-time status published at https://jmcmahan-llc.betteruptime.com. Scheduled maintenance and incidents are communicated through the status page. Support is provided by email at support@jmcmahanllc.com during business hours, U.S. Central Time, with responses typically within one business day. We may improve or modify features of the Service, and will not materially degrade the core functionality of your plan during a paid term. No service-level credits or uptime guarantees are provided unless expressly agreed in a signed order form.

10. Term, termination, and effect

10.1 Term. These Terms apply while you have an account or use the Service.

10.2 Termination for cause. Either party may terminate on written notice if the other materially breaches these Terms and fails to cure within 30 days of notice. We may terminate or suspend immediately for violations of Section 5 that threaten the Service or other customers, or for non-payment per Section 3.6.

10.3 Effect. Upon termination or expiration: your access ends; you remain liable for fees accrued; and for 30 days we will make Customer Data available for export in a standard format upon request, after which we will delete Customer Data from production systems, with backup copies deleted as they age out of our backup rotation. We may keep audit logs, billing records, and other records we are required to keep by law or need to resolve disputes or protect the security of the Service, for as long as those purposes require. Sections 4.1, 7, 8, 10.3, 11, 12, and 13 survive termination.

11. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

12. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, OR DATA, EVEN IF ADVISED OF THE POSSIBILITY; AND (B) EACH PARTY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE FEES PAID BY CUSTOMER TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY. THESE LIMITS DO NOT APPLY TO CUSTOMER'S PAYMENT OBLIGATIONS, A PARTY'S BREACH OF SECTION 8, OR CUSTOMER'S VIOLATION OF SECTION 5.

13. Indemnification

You will defend and indemnify us against third-party claims arising from Customer Data, your use of the Service in violation of law or these Terms, or your products and services. We will defend and indemnify you against third-party claims that the Service, as provided by us, infringes a U.S. patent, copyright, or trademark, provided we may modify or replace the Service to make it non-infringing or terminate the affected subscription and refund prepaid unused fees. The indemnified party must give prompt notice, sole control of the defense to the indemnifying party, and reasonable cooperation.

14. Governing law and disputes

These Terms are governed by the laws of the State of Texas, without regard to conflict-of-law rules. The state and federal courts located in Brazos County, Texas have exclusive jurisdiction over any dispute arising out of or relating to these Terms, and each party consents to personal jurisdiction and venue there. Either party may seek injunctive relief in any court of competent jurisdiction for misuse of Confidential Information or intellectual property.

15. Export and sanctions

You may not use the Service in violation of U.S. export control or sanctions laws, and you represent you are not located in an embargoed jurisdiction or on any restricted-party list.

16. General

Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control. Assignment. Neither party may assign these Terms without the other's consent, except either party may assign to a successor in a merger, acquisition, or sale of substantially all assets, with notice. Notices. Legal notices to us go to JMcMahan LLC, 6329 Fulton Drive, College Station, TX 77845, with a copy by email to support@jmcmahanllc.com; notices to you go to your account email. Entire agreement. These Terms, any DPA, and any order form are the entire agreement and supersede prior discussions; if a signed order form conflicts with these Terms, the order form controls. Amendments. We may update these Terms by posting a revised version with an updated "Last updated" date; material changes will be notified via the Service or email at least 30 days before taking effect, and continued use after the effective date constitutes acceptance. Severability; waiver. If any provision is unenforceable, the remainder stays in effect; failure to enforce is not a waiver.

17. Contact

JMcMahan LLC · 6329 Fulton Drive, College Station, TX 77845 · support@jmcmahanllc.com · Status: https://jmcmahan-llc.betteruptime.com