CloudFran CRM Product Addendum (Customer Data, Marketing, Communications)
This Addendum supplements the CloudFran Terms of Service and is incorporated by reference into the Master Services Agreement. The Unified Payments + Marketplace Addendum also applies to payment-related features.
1. Scope
This Addendum governs the use of CloudFran CRM, including customer data management, communications, marketing automation, and sales tracking.
2. Data Ownership
Customer data entered into the CRM remains the property of the user (data controller). CloudFran acts as a data processor as defined under applicable data protection laws.
3. Data Usage
CloudFran may process data to provide services, analytics, and AI-driven insights. Data processing is governed by the Privacy Policy and Data Processing Agreement.
4. Marketing Communications Compliance
Users are responsible for compliance with applicable laws including CAN-SPAM, CASL, GDPR, and TCPA when sending communications via the CRM.
5. Consent Management
Users must obtain and maintain valid consent for communications. CloudFran provides tools but does not guarantee compliance.
6. AI-Generated Content Disclaimer
Marketing content generated by AI tools may require human review. CloudFran does not guarantee accuracy, legality, or effectiveness.
7. Fees
Transactions processed through CRM workflows are subject to CloudFran platform fees (3.5% + $0.75). Fees are non-refundable.
8. Chargebacks and Disputes
CloudFran mirrors payment processor protections, including dispute fees ($15). Users are responsible for chargebacks and related losses.
9. Commission and Sales Tracking
Users are responsible for configuring and validating commission structures and sales data. CloudFran does not guarantee accuracy of user-defined configurations.
10. Data Security
CloudFran maintains security controls aligned with SOC2 standards and industry best practices.
11. Liability
CloudFran is not liable for user communications, marketing outcomes, or regulatory compliance failures.
12. Governing Law
This Addendum is governed by Delaware law with Georgia enforceability considerations.
13. Compliance
CloudFran aligns with SOC2, privacy, and audit readiness standards.
14. Velocity Exchange™ (Commission ACH Processing)
14.1 Service Description. Velocity Exchange is CloudFran's commission payment processing service that facilitates ACH transfers from the subscribing company to its sales development representatives ("SDR Reps") for verified and approved commission earnings.
14.2 Processing Fees. Each ACH transfer processed through Velocity Exchange is subject to a platform fee of 3.5% of the gross commission amount plus $0.75 per transaction. Fees are deducted from the gross amount before disbursement to the recipient.
14.3 ACH Transfers. All commission disbursements are processed via Automated Clearing House (ACH) bank transfers. ACH transfers are non-reversible once initiated. The subscribing company acknowledges that funds transferred via Velocity Exchange cannot be recalled, reversed, or charged back after processing.
14.4 Verification Requirement. Commission payouts require manager verification and approval within the CloudFran platform before processing. CloudFran is not liable for commission amounts configured, calculated, or approved by the subscribing company.
14.5 Settlement Timing. ACH transfers typically settle within 2-3 business days. CloudFran does not guarantee settlement timing and is not liable for delays caused by banking institutions or ACH network processing.
15. CloudFran Growth Partnership™ (Revenue Share)
15.1 Service Description. The CloudFran Growth Partnership is an upside revenue share arrangement wherein CloudFran and the subscribing company share in incremental revenue growth attributable to CloudFran's platform and services.
15.2 Revenue Share Terms. The subscribing company agrees to share a percentage of monthly incremental revenue above an established baseline: (a) 20% of monthly upside over a 3-year initial term; or (b) 15% of monthly upside over a 5-year initial term. CloudFran retains 25% of all revenue share amounts for services rendered.
15.3 Monthly Evaluation. Revenue performance is evaluated on a monthly basis. The baseline monthly revenue is established at the time of agreement execution. Monthly upside is calculated as current month revenue minus baseline monthly revenue. Revenue share payments are due monthly throughout the term.
15.4 Auto-Renewal. Growth Partnership agreements automatically renew for successive terms of the same duration at the end of the initial term and each renewal term. The same revenue share percentage and CloudFran retention rate apply to renewal terms. A new revenue cycle begins with each renewal year.
15.5 Cancellation. Either party may cancel the Growth Partnership by providing written notice at least sixty (60) days prior to the end of the current term. Cancellation is only effective at the end of the current term — early termination is not permitted. All revenue share payments due through the end of the current term remain payable regardless of cancellation notice.
15.6 Payment Obligations. Revenue share payments are due and payable monthly throughout the term. Failure to remit payment within 30 days of invoice constitutes a material breach of this agreement. CloudFran reserves the right to suspend services upon non-payment.
16. Performance Accelerator™ (AI Services)
16.1 Service Description. The Performance Accelerator is CloudFran's AI-powered add-on service that includes AI SDR Agents, AI Coach, Pre-Call Intelligence, and AI-powered lead scoring. These services utilize artificial intelligence to augment human sales development activities.
16.2 AI-Generated Content. Content generated by AI Coach (weekly focus areas, daily tips, encouragement messages), AI SDR Agents (prospecting emails, research briefs), and Pre-Call Intelligence (briefing cards, talking points) is machine-generated and provided for informational purposes. Users are responsible for reviewing, validating, and approving AI-generated content before acting on it or sending it to prospects.
16.3 AI Agent Guardrails. AI SDR Agents operate within configurable limits (daily email caps, call task caps, human approval requirements for meetings). The subscribing company is responsible for configuring appropriate guardrails. CloudFran is not liable for actions taken by AI agents within the limits set by the subscribing company.
16.4 No Performance Guarantee. While the Performance Accelerator is designed to improve sales development outcomes, CloudFran does not guarantee specific performance improvements, revenue increases, or sales results. Past performance metrics shown in the platform (including demo data) are illustrative and do not constitute guarantees.
17. CloudFran Intelligence Network™
17.1 Service Description. The Intelligence Network provides anonymized, aggregate performance benchmarks across CloudFran's customer base, enabling subscribing companies to compare their SDR team performance against industry peers.
17.2 Data Anonymization. All benchmark data is anonymized and aggregated. No individual customer, company, or representative data is identifiable within Intelligence Network reports. CloudFran applies statistical thresholds to prevent re-identification.
17.3 Opt-Out. Subscribing companies may opt out of contributing their anonymized data to the Intelligence Network. Opting out does not affect access to aggregate benchmarks but may limit the specificity of peer comparisons available.
18. Instant Response SLA
18.1 Service Description. The Instant Response SLA guarantees that CloudFran's AI agents will respond to inbound leads within 30 seconds of receipt during the AI agent's configured operating hours.
18.2 SLA Credits. If CloudFran fails to meet the 30-second response guarantee for more than 5% of inbound leads in a calendar month, the subscribing company is entitled to a service credit equal to 10% of the monthly Instant Response SLA fee for that month, up to a maximum of one month's fee.
18.3 Exclusions. The SLA does not apply to: (a) leads received during scheduled maintenance windows; (b) leads from sources not configured in the platform; (c) force majeure events; or (d) periods where the subscribing company's account is suspended for non-payment.
19. CloudFran Founders Program
19.1 Program Description. The CloudFran Founders Program is a business-in-a-box offering priced at $99,000 (or financed at 29% APR over 36 months) that provides a white-labeled version of CloudFran's platform, AI agent team, exclusive market territory, and 120-day AI-powered launch support.
19.2 Territory Exclusivity. Territory assignments are exclusive for the duration of the founder's active program status. CloudFran will not enroll another founder in the same territory while the original founder maintains active status. Territory exclusivity terminates upon program suspension, default, or voluntary withdrawal.
19.3 Annual Technology Services Fee. A $10,000 annual technology services fee applies to all active Founders. Year 1 is included in the program fee. The fee begins in Year 2 and recurs annually. Non-payment of the annual fee after 60 days constitutes grounds for program suspension.
19.4 Platform Fees. CloudFran collects a platform fee of $50 per active end-client per month via Stripe Connect payment splitting. This fee is automatically deducted from end-client payments before founder disbursement.
19.5 White-Label License. The founder receives a non-exclusive, non-transferable license to operate CloudFran's platform under their own brand. The founder may not sublicense, reverse-engineer, or claim ownership of CloudFran's intellectual property. CloudFran retains all IP rights.
19.6 Financing Terms. Financing is governed by Regulation Z (Truth in Lending Act). Full TILA disclosure is provided at enrollment. Financing is unsecured with no prepayment penalty. Default occurs after 60 consecutive days of non-payment, at which point CloudFran may suspend program access. All amounts due through the financing term remain payable regardless of program status.
20. AI Genius Manager
20.1 Service Description. The AI Genius Manager is a premium AI-powered support service that provides automated answers, weekly strategy insights, proactive alerts, and business optimization recommendations. The service is included at no additional cost for the first 120 days of a Founders Program enrollment.
20.2 Subscription Pricing. After the 120-day included period, the AI Genius Manager is available as an optional subscription at $399 per month, billed via ACH. The subscription may be cancelled at any time with effect at the end of the current billing period.
20.3 AI-Generated Recommendations. All recommendations, insights, and alerts generated by the AI Genius Manager are machine-generated and provided for informational purposes only. CloudFran does not guarantee the accuracy, completeness, or suitability of AI-generated business advice. Users should exercise independent judgment in all business decisions.
20.4 Support Escalation. The AI Genius Manager handles the majority of support inquiries through automation. Complex technical issues are escalated to CloudFran's human support team. Escalated tickets receive priority response within 4 business hours.
21. Certification Program
21.1 Program Description. The CloudFran Certification Program provides a structured advancement path for Founders: Founder (entry) → Certified Partner (10+ active clients) → Regional Director (25+ active clients). Each level unlocks higher revenue margins, expanded territory, and additional capabilities.
21.2 Requirements. Advancement is based on verifiable metrics tracked within the CloudFran platform. CloudFran reserves the right to modify certification requirements with 90 days advance written notice. Current requirements are published at the Certification Hub within the platform.
21.3 Sub-Agent Recruitment. Regional Directors may recruit sub-agents within their territory. Sub-agents operate under the Regional Director's brand and territory. The Regional Director is responsible for sub-agent compliance with CloudFran's terms of service. CloudFran is not liable for sub-agent conduct.
22. CloudFran SmartStart Messaging
22.1 Service Description. SmartStart is CloudFran's automated messaging setup service that configures compliant SMS/MMS messaging, A2P 10DLC brand and campaign registration, phone number provisioning, opt-in/opt-out web pages, and keyword handling from a single conversational flow. SmartStart is accessible from any CloudFran product.
22.2 Compliance Responsibility. SmartStart auto-generates compliant message templates and configures STOP/UNSUBSCRIBE keyword handling per Twilio and TCPA requirements. However, the subscribing company remains responsible for: (a) obtaining valid opt-in consent from recipients; (b) honoring all opt-out requests; (c) adhering to the frequency commitment declared during setup; and (d) ensuring all customized message content complies with applicable laws.
22.3 Message Content. CloudFran provides pre-approved message templates. Modifications to template language must maintain compliance with CAN-SPAM, TCPA, CTIA guidelines, and Twilio's Acceptable Use Policy. CloudFran reserves the right to reject or modify non-compliant message content.
22.4 Auto-Generated Web Pages. SmartStart auto-generates opt-in pages, opt-out pages, SMS terms of service, and privacy disclosures. These pages are hosted by CloudFran and maintained for compliance. The subscribing company may not modify these pages in ways that compromise regulatory compliance.
23. Subscriber Frequency Control (LESS / MORE / BREAK)
23.1 Innovation. CloudFran offers industry-first subscriber-controlled message frequency management. SMS recipients may text the following commands to control their messaging experience without fully opting out:
LESS — Reduces message frequency to approximately 50% of the normal rate. Subscriber remains opted in but receives fewer messages. Reversible by texting MORE.
MORE — Restores message frequency to the normal rate declared during SmartStart setup. Available to subscribers who previously texted LESS.
BREAK — Pauses all messages for 30 calendar days. Messages automatically resume at the previous frequency level after the 30-day period. Subscriber may text STOP at any time during the break to permanently opt out.
23.2 Compliance Integration. Frequency control commands complement but do not replace STOP/UNSUBSCRIBE compliance. STOP remains the authoritative opt-out mechanism per TCPA and CTIA guidelines. Frequency preferences are stored per-subscriber, per-tenant in the SmsFrequencyPreferences table and are checked before every outbound message.
23.3 Business Obligation. Subscribing companies using SmartStart are required to honor all frequency preferences. CloudFran's messaging infrastructure automatically enforces frequency limits — messages that exceed a subscriber's preference are suppressed by the system.