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Terms of Use

Thanks for using Realvolve. Please read these Terms carefully! By signing up or using Realvolve, you’re agreeing to these Terms.

This is a legal agreement. We’ll start with the basics, including a few definitions to help you understand this agreement. Realvolve (“Realvolve” or the “Service”) is an electronic CRM service offered through the URL http://www.realvolve.com (the “Website”). Realvolve allows you to create and manage contacts, properties, transactions, documents and tasks, send and manage email messages (each an “Email”), and send SMS messages to a list of email addresses and phone numbers. Realvolve is owned and operated by Realvolve, Inc., a Delaware corporation (“Realvolve”, “we”, or “us”). As a customer of the Service or a representative of an entity that’s a customer of the Service, you're a “Member” according to this agreement (or “you”). These Terms of Use (these “Terms”) define the terms and conditions under which you’re allowed to use Realvolve.



7. Proprietary Rights Owned By Us

You shall respect our proprietary rights in the Website and the software used to provide Realvolve. Proprietary rights include, but are not limited to, any patents, trademarks, service marks and copyrights.

The look and feel of the Service is ©2012-2019 Realvolve, Inc., a Delaware corporation. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from Realvolve.

8. Proprietary Rights Owned By You

You represent and warrant that you either own or have permission to use all of the material in your Emails, Documents and Files. You retain ownership of the materials you upload to the Service. We may use or disclose your materials only as we describe in these Terms and our Privacy Policy.

9. Privacy Policy

You agree that we may access, collect, use and disclose your information as described in our Privacy Policy. Our Privacy Policy will be treated as part of these Terms.

10. Right to Review Sent Email, Facebook, Twitter and SMS messages

We may view, copy and internally distribute content from your communications and account to develop algorithms and programs (“Tools”) that help us spot problem accounts. We may use these Tools to find Members who violate these Terms or applicable law.

Rules and Abuse

11. General Rules

You promise to follow these rules:

You won’t send Spam! By “Spam,” we mean the definition on the Spamhaus website.
You won’t use purchased, rented, or third-party lists.
You won’t violate our Acceptable Use Policy, which is part of this Agreement.
Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis. Technical support is only provided to paying account holders and is only available via email.

You understand that Realvolve uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.

You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Realvolve, or any other Realvolve service.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Realvolve.

We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Realvolve customer, employee, member, or officer will result in immediate account termination.

You understand that the technical processing and transmission of the Service, including your Content, may be transfered unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.

You must not transmit any worms or viruses or any code of a destructive nature. If your bandwidth usage exceeds 500 MB/month, or significantly exceeds the average bandwidth usage (as determined solely by Realvolve) of other Realvolve customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.

Realvolve does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.

You expressly understand and agree that Realvolve shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Realvolve has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.

The failure of Realvolve to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.

The Terms of Service constitutes the entire agreement between you and Realvolve and govern your use of the Service, superceding any prior agreements between you and Realvolve (including, but not limited to, any prior versions of the Terms of Service). Questions about the Terms of Service should be sent to support at Realvolve dot com.

12. Bandwidth/Abuse Throttling

You may only use our bandwidth for your Realvolve emails, and we may throttle your sending at our discretion.

13. Compliance with Laws

You represent and warrant that your use of Realvolve will comply with all applicable laws and regulations. You’re responsible for determining whether our Services are suitable for you to use in light of any regulations like HIPAA, GLB, EU Data Privacy Laws, or other laws.

If you’re located in the European Economic Area (EEA) or send to anyone in the EEA, you represent and warrant that in creating your Email distribution list, sending Emails via Realvolve and collecting information from sending Emails, you:

Will clearly describe in writing how you plan to use any data collected, including for your use of Realvolve. You’ll get express consent to transfer data to Realvolve as part of this process, and you’ll otherwise comply with whatever privacy policy you have posted.

Have complied, and will comply, with all regulations, as well as data protection, electronic communication, and privacy laws that apply to the countries where you’re sending any form of email through Realvolve.

Have collected, stored, used and transferred all data relating to any individual in compliance with all data protection laws and regulations. You have permission to allow Realvolve to receive and process data and send communications to that individual on your behalf.

Agree to indemnify and hold us harmless from any losses, including attorney fees, that result from your breach of any part of these warranties.

European Economic Area (EEA)

This section applies to people who are sending to or from the European Economic Area. The EEA includes countries that are part of the European Union, plus Iceland, Liechtenstein and Norway.

14. U.S. Export Controls

The software that supports the Services (the “Software”) is subject to United States export controls. None of the Software may be downloaded or otherwise exported or re-exported in violation of United States export laws. You’re downloading and using the Software at your own risk.

15. Reporting Violations

If you become aware that anyone is violating any of the Terms of this Website, please notify us immediately.


16. Limitation of Liability

To the maximum extent permitted by law, you assume full responsibility for any loss resulting from your use of the Website and the Services, including any downloads from the Website. We won’t be liable for any indirect, punitive, special or consequential damages under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages.

17. No Warranties

*To the maximum extent permitted by law, we provide the material on the Website and the Service as is. That means we don’t provide warranties of any kind, either express or implied, including but not limited to merchantability and fitness for a particular purpose. *

18. Indemnity

You agree to indemnify and hold us harmless from any losses (including attorney fees) that result from any claims you make that aren’t permitted under these Terms due to a “Limitation of Liability” or other provision. You also agree to indemnify and hold us harmless from any losses (including attorney fees) that result from claims by third parties that you or someone using your password behaved in a way that, if true, would violate any of these Terms.

19. Attorney Fees

If we file an action against you claiming you breached these Terms and we prevail, we’re entitled to recover reasonable attorney’s fees and any damages or other relief we may be awarded.

20. Disclaimers

We disclaim and aren’t responsible for the behavior of any advertisers, linked websites or other Members.

21. Equitable Relief

If you violate these Terms, then we may seek injunctive relief (meaning we may request a court order to stop you) or other equitable relief.

22. Subpoena Fees

If we have to provide information in response to a subpoena related to your account, then we may charge you for our costs.

Fine Print

23. Notice to U.S. Government End Users

The Software and Website, including all documentation, are “Commercial Items,” as that term is defined at 48 C.F.R. §2.101, and consist of “Commercial Computer Software” and “Commercial Computer Software Documentation.” The Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. Government end users:
  • only as Commercial Items,
  • with the same rights as all other end users, and
  • according to the Terms
  • Published and Unpublished rights are reserved under the copyright laws of the United States. Manufacturer is Realvolve, Inc., a Delaware corporation, 1951 Clark Avenue, Raleigh, Wake County, North Carolina 27605

24. Assignments

You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.

25. Choice of Law

The State of North Carolina’s laws, except for conflict of laws rules, will apply to any dispute related to these Terms or the Service. Any dispute related to the Terms, the Privacy Policy, or the Service itself will be decided by the state and federal courts in Fulton County, Georgia, and each party will be subject to the jurisdiction of those courts.

26. Force Majeure

We won’t be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, zombie apocalypse, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service providers.

27. Survivability

Even if this Agreement is terminated, the following sections will continue to apply: Proprietary Rights Owned by Us, Proprietary Rights Owned by You, Compliance with Laws, Limitation of Liability, No Warranties, Indemnity, Choice of Law, Severability and Entire Agreement.

28. Severability

If it turns out that a section of this Agreement isn’t enforceable, then that section will be removed or edited as little as necessary, and the rest of the Terms will still be valid.

29. Interpretation

The headers and sidebar text are provided only to make this agreement easier to read and understand. The fact that we wrote these Terms won’t affect the way this Agreement is interpreted.

30. Amendments and Waiver

Amendments or changes to these Terms won’t be effective until we post revised Terms on the Website. That aside, additional terms may apply to certain features of the Service (the “Additional Terms”). The Additional Terms will be considered incorporated into these Terms when you activate the feature. Where there’s a conflict between these Terms and the Additional Terms, the Additional Terms will control. If we don’t immediately take action on a violation of these Terms, we’re not giving up any rights under the Terms, and we may still take action at some point.

31. No Changes in Term at Request of Member

Because we have so many Members, we can’t change these Terms for any one Member or group. If we did that, keeping up with the changes would be a logistical nightmare. So no changes, no exceptions.

32. Further Actions

You’ll provide all documents and take all actions that are necessary to meet your obligations under these Terms.

33. Notification of Security Breach

In the event of a security breach that may affect you or anyone on your Email distribution lists (each a “List”), we’ll notify you of the breach and provide a description of what happened. If we determine, and notify you, that you need to forward all or part of that information to anyone on your Lists, you’ll promptly do so.

34. Notices

Any notice to you will be effective when we send it to the last email or physical address you gave us or posted on our Website. Any notice to us will be effective when delivered to us along with a copy to our legal counsel: Terry Carlton, Esq., 1951 Clark Avenue, Raleigh, NC, 27605, or any addresses as we may later post on the Website.

35. Entire Agreement

These Terms, our Privacy Policy, our Acceptable Use Policy (both of which are incorporated into these Terms by reference) and any Additional Terms you’ve agreed to make up the entire agreement and supersede all prior agreements, representations and understandings.

Congratulations! You’ve reached the end. Thanks for taking the time to learn about Realvolve’s policies.

What is a Subdomain?

A subdomain is your personal website extension to the realvolve.com domain that is unique to your realvolve account. For example, if your name is 'John Smith' you could create a subdomain called "johnsmith" that is accessible through the URL "http://johnsmith.realvolve.com" as long as it is not already taken by another user. A subdomain may be setup with your personal name, company name or team name but must be unique and may not contain any special characters or spaces.