Terms of Service

1. Acceptance of Terms

By accessing or using CloudFran Agents ("the Service"), you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our Service.

2. Description of Service

CloudFran Agents provides AI-powered business automation tools including appointment scheduling, SMS campaigns, customer engagement, and analytics services for franchises and businesses.

3. Account Registration

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.

4. Subscription Plans and Billing

4.1 Free Trial

New users receive a 30-day free trial with full access to the Service. After the trial period, your account will automatically convert to a paid subscription unless cancelled.

4.2 Paid Subscriptions

Subscription fees are billed monthly or annually based on your selected plan. All fees are non-refundable except as required by law or as explicitly stated in these terms.

4.3 Automatic Renewal

Subscriptions automatically renew at the end of each billing cycle unless you cancel before the renewal date. You will be charged the then-current rate for your plan.

4.4 Cancellation

You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of your current billing period. No refunds will be provided for partial months.

5. Referral Program

Participants in our referral program earn $199 in account credits when a referred customer maintains a paid subscription for 30 days. Credits are applied to your account and can be used toward future subscription fees. Credits expire 12 months from issuance and are non-transferable.

6. Acceptable Use

You agree not to:

• Use the Service for any illegal purposes or in violation of any laws
• Send unsolicited commercial messages (spam)
• Interfere with or disrupt the Service or servers
• Attempt to gain unauthorized access to any systems or accounts
• Use the Service to transmit malware, viruses, or malicious code
• Violate any applicable laws regarding data privacy or telecommunications

7. Data and Privacy

Your use of the Service is subject to our Privacy Policy. We collect and process data as described in the Privacy Policy. You retain ownership of your customer data and content.

8. Compliance with Laws

You are responsible for ensuring your use of the Service complies with all applicable laws, including but not limited to the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, and GDPR where applicable.

9. Service Availability

We strive to provide 99.9% uptime but do not guarantee uninterrupted access. We may suspend access for maintenance, security reasons, or force majeure events.

10. Intellectual Property

The Service, including all software, designs, and content, is owned by CloudFran and protected by copyright and trademark laws. You may not copy, modify, or distribute any part of the Service without our written permission.

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 ARISING OUT OF YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE PAST 12 MONTHS.

12. Indemnification

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

13. Delivery & Third-Party Services

13.1 Delivery Is Performed by Independent Third Parties

Some products and services available through the Service (including, without limitation, GhostChef and related food-ordering and cloud-kitchen features) involve the physical delivery of food or other goods. All delivery is fulfilled by independent third-party driver networks, couriers, and delivery platforms. These drivers and couriers are NOT employees, agents, contractors, or representatives of CloudFran. CloudFran does not hire, screen, background-check, train, supervise, insure, direct, or control these third-party drivers or couriers, and CloudFran exercises no control over how, when, or whether a delivery is performed.

13.2 Disclaimer of Liability for Delivery and Third-Party Services

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CLOUDFRAN DISCLAIMS ALL LIABILITY ARISING FROM OR RELATING TO:

• the acts, omissions, negligence, misconduct, or performance (or non-performance) of any third-party driver, courier, or delivery network;
• orders that are lost, late, delayed, damaged, spoiled, stolen, tampered with, mis-delivered, or never delivered;
• personal injury, death, illness, food-borne illness, food-safety issues, property damage, theft, or accidents of any kind arising from or during delivery or the preparation or handling of food or goods;
• any third-party service or provider used in connection with the Service, including couriers and delivery platforms, payment processors, mapping and location providers, and SMS, voice, or telecommunications providers.

All delivery and third-party services are provided on an "AS IS" and "AS AVAILABLE" basis, with no warranties of any kind, express or implied, including any implied warranties of merchantability, fitness for a particular purpose, timeliness, or non-infringement.

13.3 Assumption of Risk

The merchant, the customer, and the end recipient of any delivery knowingly and voluntarily assume all risk arising from or related to third-party delivery and third-party services, including all risk of loss, delay, injury, illness, and property damage. You acknowledge that delivery is performed by parties CloudFran does not screen or control, and you accept that risk as a condition of using the Service.

13.4 Merchant Indemnification

The merchant agrees to indemnify, defend, and hold harmless CloudFran, its affiliates, and its officers, directors, employees, and agents from and against any and all claims, demands, actions, damages, losses, liabilities, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) arising from or relating to: (a) delivery of the merchant's orders; (b) any third-party driver, courier, delivery network, or other third-party service; (c) the merchant's products, food, goods, preparation, handling, packaging, or labeling; or (d) the merchant's use of, or access to, the Service. This obligation is in addition to, and does not limit, the general indemnification in Section 12.

13.5 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CLOUDFRAN'S TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATING TO DELIVERY AND THIRD-PARTY SERVICES SHALL NOT EXCEED THE TOTAL FEES THE MERCHANT PAID TO CLOUDFRAN IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. IN NO EVENT SHALL CLOUDFRAN BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. This Section is in addition to, and does not limit, the general limitation of liability in Section 11.

13.6 Survival

The disclaimers, assumption of risk, indemnification, and limitation of liability in this Section, together with Sections 11 and 12, survive any expiration or termination of these Terms or your use of the Service.

14. Changes to Terms

We may modify these Terms at any time. We will notify you of material changes via email or through the Service. Continued use after changes constitutes acceptance of the new Terms.

15. Termination

We may terminate or suspend your account immediately if you violate these Terms. Upon termination, your right to use the Service ceases immediately.

16. Governing Law

These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles. Any disputes shall be resolved in the courts of Delaware.

17. Contact Information

For questions about these Terms, please contact us at:

Email: legal@cloudfran.com
Address: CloudFran, Inc., 123 Business Ave, Suite 500, Wilmington, DE 19801