Terms and Conditions

Last updated: May 18, 2025

1. Acceptance of Terms

By accessing or using the Pivotal Referral platform ("Service"), operated by Pivotal Referral LLC ("Pivotal Referral," "we," "us," or "our"), you agree to be bound by these Terms and Conditions ("Terms"). If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms, and references to "you" include both you and that organization.

If you do not agree to these Terms, do not access or use the Service.

2. Description of Service

Pivotal Referral is a cloud-based referral management platform that allows organizations ("Organizations") to manage referral relationships with agents and external referral partners. The Service includes tools for submitting, tracking, and reporting on referrals, as well as email and SMS notification capabilities.

We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time with reasonable notice. We are not liable to you or any third party for any modification, suspension, or discontinuation of the Service.

3. Account Registration

To access the Service, you must create an account and provide accurate, complete, and current information. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.

You must notify us immediately at info@pivotalreferral.com if you believe your account has been compromised. We are not liable for any loss resulting from unauthorized use of your account.

You must be at least 18 years of age to use the Service. By creating an account, you represent and warrant that you meet this requirement.

4. Subscriptions and Billing

Access to the Service requires a paid subscription. Subscription fees are billed in advance on a monthly or annual basis, depending on the plan you select. All fees are non-refundable except as required by law or as expressly stated in these Terms.

Your subscription includes a base plan and, if applicable, per-seat fees for agent users above the number included in your plan. The number of billed agent seats is calculated based on your active agent count at the time of billing.

We use Stripe to process payments. By providing payment information, you authorize us to charge your payment method for all fees associated with your subscription. We do not store your credit card details directly.

We may change subscription pricing with at least 30 days' notice. Continued use of the Service after a price change takes effect constitutes your acceptance of the new pricing.

Your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date. You may cancel your subscription at any time through your account settings or by contacting us.

New accounts receive a free 30-day trial. No charge is made until the trial period ends. You may cancel at any time during the trial without incurring any fees.

5. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:

  • Use the Service to transmit spam, unsolicited messages, or harassing communications
  • Attempt to gain unauthorized access to any part of the Service or its infrastructure
  • Use the Service to violate any applicable local, state, national, or international law
  • Reverse engineer, decompile, or disassemble any part of the Service
  • Resell, sublicense, or otherwise transfer access to the Service to any third party
  • Use the Service to store or transmit malicious code, viruses, or harmful content
  • Interfere with or disrupt the integrity or performance of the Service
  • Collect or harvest data from the Service without our written consent

We reserve the right to suspend or terminate your account immediately if we determine, in our sole discretion, that you have violated these Terms or engaged in conduct harmful to other users or to Pivotal Referral.

6. Your Data

You retain ownership of all data, content, and information you submit to the Service ("Your Data"). By submitting Your Data, you grant us a limited, non-exclusive license to store, process, and display Your Data solely as necessary to provide the Service to you.

You are solely responsible for the accuracy, legality, and appropriateness of Your Data. You represent that you have all necessary rights to submit Your Data and that doing so does not violate any third party's rights.

We will handle your personal data in accordance with our Privacy Policy, which is incorporated into these Terms by reference.

7. SMS Communications

The Service includes optional SMS notification features powered by Twilio. By enabling SMS notifications, you consent to receive text messages at the mobile number associated with your account. Message frequency varies. Message and data rates may apply.

You may opt out of SMS notifications at any time by replying STOP to any message or by disabling SMS in your account notification preferences. For help, reply HELP to any message or contact us at info@pivotalreferral.com.

Mobile phone numbers are not shared with third parties for marketing purposes. See our Privacy Policy for full details on how we handle mobile numbers.

8. Intellectual Property

The Service and all content, features, and functionality — including but not limited to software, text, graphics, logos, and user interface designs — are owned by Pivotal Referral LLC and are protected by applicable intellectual property laws. Nothing in these Terms grants you any right, title, or interest in the Service beyond the limited license to use it as described herein.

You may not copy, modify, distribute, sell, or lease any part of the Service or its underlying software without our prior written consent.

9. Confidentiality

Each party agrees to keep confidential any non-public information disclosed by the other party that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and circumstances of disclosure. This obligation does not apply to information that is or becomes publicly known through no breach of this agreement, or that is independently developed without reference to the confidential information.

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

We do not warrant the accuracy, completeness, or usefulness of any information provided through the Service, and we are not responsible for any decisions you make based on that information.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, PIVOTAL REFERRAL LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES — INCLUDING LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS INTERRUPTION — ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING UNDER THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

12. Indemnification

You agree to indemnify, defend, and hold harmless Pivotal Referral LLC and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with your access to or use of the Service, your violation of these Terms, or your violation of any rights of another party.

13. Termination

Either party may terminate these Terms at any time. You may terminate by canceling your subscription and ceasing all use of the Service. We may terminate or suspend your access immediately, without prior notice or liability, if you breach these Terms.

Upon termination, your right to use the Service ceases immediately. We may delete Your Data after a reasonable grace period following termination, except where retention is required by law. Sections that by their nature should survive termination — including intellectual property, disclaimer, limitation of liability, and indemnification — shall survive.

14. Governing Law and Disputes

These Terms are governed by and construed in accordance with the laws of the State of Arkansas, without regard to its conflict of law principles. Any disputes arising out of or relating to these Terms or the Service shall be resolved exclusively in the state or federal courts located in Arkansas, and you consent to personal jurisdiction in those courts.

15. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by updating the date at the top of this page and, where appropriate, by sending an email notification. Your continued use of the Service after any changes take effect constitutes your acceptance of the revised Terms.

16. Contact Us

If you have questions about these Terms, please contact us:

Pivotal Referral LLC

info@pivotalreferral.com