Terms of Service - CloudFran Agents

Welcome to CloudFran Agents ("Service", "Platform", "we", "us", or "our"). These Terms of Service ("Terms") govern your access to and use of the CloudFran Agents platform, including any software, applications, APIs, and services provided by CloudFran, Inc. ("CloudFran").

By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access the Service.

1. Acceptance of Terms

By creating an account or using CloudFran Agents, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. You represent that you have the authority to enter into these Terms on behalf of yourself or the organization you represent.

2. Service Description

CloudFran Agents provides:

AI-powered customer communication automation
SMS and voice messaging services via Twilio integration
Campaign management and analytics
Multi-tenant SaaS platform for franchises and small businesses
Automated appointment scheduling and customer engagement tools

We reserve the right to modify, suspend, or discontinue any part of the Service at any time with reasonable notice to active subscribers.

3. Account Registration and Security

3.1 Account Creation

You must provide accurate, current, and complete information during registration. You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account.

3.2 Account Security

You must immediately notify us of any unauthorized access or security breach. We are not liable for any loss or damage from your failure to maintain account security.

3.3 One Account Per Entity

Each business entity may maintain only one active account unless explicitly authorized by CloudFran for multiple locations or franchise operations.

4. Acceptable Use Policy

You agree NOT to use the Service to:

Violate any laws, regulations, or third-party rights
Send spam, unsolicited messages, or violate TCPA/CAN-SPAM regulations
Engage in fraudulent, deceptive, or misleading practices
Harass, threaten, or abuse others
Transmit malware, viruses, or harmful code
Attempt to gain unauthorized access to our systems
Use the Service for prohibited industries (gambling, adult content, illegal substances)
Scrape, data mine, or reverse engineer the Service

5. Prohibited Industries

In compliance with payment processor restrictions and applicable laws, CloudFran Agents may not be used by businesses in the following industries:

Adult entertainment or sexually-oriented services
Gambling, casinos, or games of chance
Cannabis, marijuana, or CBD products (where prohibited)
Tobacco or vaping products
Weapons, explosives, or ammunition
Payday loans or high-interest lending
Cryptocurrency mining or unregulated financial services
Multi-level marketing or pyramid schemes

We reserve the right to immediately suspend accounts found in violation of this policy.

6. Subscription Plans and Billing

6.1 Service Tiers

We offer three service tiers:

Self-Service: $99-299/month - DIY platform access
Managed Service: $499-999/month - Expert campaign management
White Glove: $2,500+/month - Custom AI development and dedicated support

6.2 Payment Terms

Subscriptions are billed monthly in advance. You authorize us to charge your payment method on file for recurring subscription fees. All fees are non-refundable except as required by law.

6.3 Usage Overages

Plans include monthly quotas for AI tokens and SMS messages. Overage charges apply to Pro and Enterprise tiers as specified in your plan. We will notify you when approaching quota limits.

6.4 Price Changes

We may change subscription prices with 30 days' notice. Continued use after price changes constitutes acceptance of the new pricing.

7. Compliance with Communications Laws

7.1 TCPA Compliance

You are responsible for obtaining proper consent before sending SMS or voice messages. You must maintain opt-in records and honor opt-out requests immediately.

7.2 CAN-SPAM Act

All email communications must comply with CAN-SPAM requirements, including accurate headers, clear identification, and functional unsubscribe mechanisms.

7.3 A2P 10DLC Registration

SMS campaigns must be registered with carriers via A2P 10DLC compliance. We assist with registration but you are responsible for maintaining compliance.

8. Data Ownership and License

8.1 Your Data

You retain all ownership rights to data you submit to the Service ("Customer Data"). You grant us a limited license to process Customer Data solely to provide the Service.

8.2 Aggregated Analytics

We may use anonymized, aggregated data for industry benchmarks, product improvements, and analytics. This data will not identify your specific business or customers.

8.3 Data Portability

You may export your data at any time through our platform. Upon termination, we will retain your data for 30 days before permanent deletion.

9. Intellectual Property

The Service, including software, algorithms, trademarks, and content, is owned by CloudFran and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works without our express written permission.

10. Warranties and Disclaimers

THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DO NOT GUARANTEE UNINTERRUPTED ACCESS, SPECIFIC RESULTS, OR ERROR-FREE OPERATION. WE DISCLAIM ALL WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CLOUDFRAN SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, DATA LOSS, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THEIR POSSIBILITY.

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.

12. Indemnification

You agree to indemnify and hold harmless CloudFran from any claims, damages, or expenses arising from your use of the Service, violation of these Terms, or infringement of third-party rights.

13. Termination

13.1 By You

You may cancel your subscription at any time through your account settings. Cancellation is effective at the end of the current billing period.

13.2 By Us

We may suspend or terminate your account immediately for violations of these Terms, fraudulent activity, non-payment, or prohibited use. No refunds will be issued for terminated accounts.

14. Dispute Resolution

14.1 Governing Law

These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict of law principles.

14.2 Arbitration

Any disputes shall be resolved through binding arbitration under the American Arbitration Association rules, except for intellectual property or injunctive relief claims.

15. Changes to Terms

We may modify these Terms at any time by posting updated Terms on our website. Material changes will be notified via email. Continued use after changes constitutes acceptance.

16. Contact Information

For questions about these Terms, contact us at:
Email: legal@cloudfran.com
Address: CloudFran, Inc., 3070 Windward Plaza, Suite F-138, Alpharetta, GA 30005
Support: support@cloudfran.com