Terms of Service

These Terms of Service (“Terms”) govern your access to and use of Cromulent, Inc.’s (“Cromulent,” “we,” “us,” or “our”) website, products, and services (collectively, the “Service”). By accessing or using the Service, you agree to be bound by these Terms.

Eligibility

You must be at least 18 years old and authorized to enter into agreements on behalf of your organization to use the Service. By creating an account, you represent and warrant that you meet these requirements.

Your account

You are responsible for safeguarding your credentials and for all activity that occurs under your account. Notify us promptly of any unauthorized access by emailing security@cromulent.ly.

Acceptable use

You agree not to:

• Use the Service to send unsolicited communications, spam, or messages that violate applicable anti-spam laws (including CAN-SPAM, CASL, and GDPR).
• Use the Service to send messages that are deceptive, fraudulent, illegal, harassing, discriminatory, or that infringe the rights of others.
• Reverse engineer, decompile, or attempt to extract the source code of the Service, except to the extent such restrictions are prohibited by law.
• Attempt to gain unauthorized access to any portion of the Service, other customers’ data, or related systems or networks.

Your content and data

You retain all rights in the data, copy, and materials you provide to the Service (“Customer Data”). You grant Cromulent a limited license to use Customer Data solely to provide and improve the Service for you. We do not share Customer Data with other customers, and models trained on your data are used only for your account.

Third-party integrations

The Service integrates with third-party platforms such as Klaviyo. Your use of those platforms is governed by their own terms. Cromulent is not responsible for the availability, accuracy, or practices of third-party services.

Free trial

We may offer a free trial at our discretion. Unless you cancel before the trial ends, we may automatically begin charging you under the applicable subscription plan. You may cancel at any time during the trial without obligation.

Fees and payment

Paid plans are billed in advance on a monthly basis unless otherwise agreed. Fees are non-refundable except as required by law. We may change pricing with reasonable advance notice; changes apply at the start of your next billing cycle.

Termination

You may stop using the Service at any time. We may suspend or terminate your access if you materially breach these Terms or if we are required to do so by law. Upon termination, your right to use the Service ends. Provisions that by their nature should survive termination will survive.

Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY. Cromulent does not warrant that the Service will be uninterrupted, error-free, or produce any particular business outcome.

Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, CROMULENT WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES. OUR TOTAL LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE AMOUNTS YOU PAID US IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Indemnification

You will defend, indemnify, and hold harmless Cromulent from any claims, damages, and expenses (including reasonable attorney’s fees) arising from your use of the Service or your violation of these Terms or applicable law.

Governing law

These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-laws principles. Any disputes will be resolved in the state or federal courts located in Delaware, and the parties consent to the exclusive jurisdiction of those courts.

Changes to these terms

We may update these Terms from time to time. We will post the updated Terms on this page and update the “Last updated” date above. If the changes are material, we will provide additional notice (for example, by email).

Contact

Questions about these Terms? Email hello@cromulent.ly.