Terms and Conditions

Terms and Conditions for Cusman

Last Updated: March 6, 2025
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Welcome to Cusman ("Service"), a Customer Relationship Management (CRM) platform provided by Cusman Inc ("we," "us," or "our"), a company incorporated under the laws of the State of Delaware, USA, with its principal office at 66 W Flagler Street, Suite 900, PMB 11246, Miami, FL 33130, USA. These Terms and Conditions ("Terms") govern your access to and use of the Service, including any software, features, content, or documentation provided through our website or applications. By registering for, accessing, or using the Service, you ("User," "you," or "your") agree to be legally bound by these Terms. If you do not agree with any part of these Terms, you must not use the Service.

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1. Account and Registration

• Eligibility: To use the Service, you must be at least 18 years old and have the legal capacity to enter into binding contracts. If you are registering on behalf of a business or organization, you represent that you have the authority to bind that entity to these Terms.
• Registration Process: To access the Service, you must create an account by providing accurate, current, and complete information, including your name, email address, and payment details (if applicable). You agree to update this information as necessary to keep it accurate.
• Account Security: You are solely responsible for maintaining the confidentiality of your account credentials (e.g., username and password) and for all activities that occur under your account. You must notify us immediately at info@cusman.ai if you suspect any unauthorized access or use of your account.
• Administrator Responsibilities: If you are an administrator managing multiple users within your organization, you are responsible for assigning access rights, ensuring all users comply with these Terms, and promptly removing access for users who no longer require it.
• Account Limitations: Each user account is intended for individual use unless otherwise specified in a multi-user subscription plan. Sharing login credentials among multiple individuals is prohibited unless expressly permitted by your subscription.

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2. Use of the Service

• Purpose: The Service is designed to help businesses manage customer relationships, including storing customer contact information, tracking interactions, managing sales pipelines, and analyzing customer data for business purposes.
• License: Subject to these Terms, we grant you a non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes.
• Prohibited Activities: You agree not to engage in any of the following:
  
  • Use the Service for any illegal, fraudulent, or unauthorized purpose.
  • Share your account credentials with unauthorized individuals or entities.
  • Upload, transmit, or distribute any malicious code, viruses, worms, or other harmful software that could damage the Service or other users’ systems.
  • Use the Service to send unsolicited communications (e.g., spam) or engage in activities that violate anti-spam laws such as the CAN-SPAM Act.
  • Attempt to gain unauthorized access to the Service, its servers, or any related systems or networks.
  • Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or underlying structure of the Service.
  • Use the Service to store or process data that infringes on third-party rights, including intellectual property or privacy rights.
  • Overload, flood, or otherwise disrupt the Service or its infrastructure.
• Compliance with Laws: You are responsible for ensuring that your use of the Service complies with all applicable local, state, national, and international laws, including data protection and privacy regulations (e.g., GDPR, CCPA).

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3. Content and Data Ownership

• Definition of Content: "Content" refers to all data, information, files, text, images, or other materials that you upload, input, or otherwise provide to the Service, such as customer names, contact details, sales records, and notes.
• Ownership: You retain full ownership of your Content. Nothing in these Terms transfers ownership of your Content to Cusman.
• License to Cusman: By using the Service, you grant us a worldwide, non-exclusive, royalty-free, fully paid-up license to access, use, store, process, and display your Content as necessary to:
  
  • Provide the Service to you (e.g., storing customer data, generating reports).
  • Perform maintenance, backups, and technical support.
  • Improve the Service’s functionality and performance.
• Restrictions on Use: We will not sell, rent, or lease your Content to third parties for marketing or other purposes unrelated to providing the Service. We may use anonymized or aggregated data derived from your Content (e.g., usage statistics) for analytics, product development, or other business purposes, provided such data cannot be linked to you or your customers.
• Data Portability: You may export your Content from the Service at any time in a standard, machine-readable format (e.g., CSV) using the export tools provided. We will not unreasonably restrict your ability to access or transfer your data.

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4. Privacy and Security

• Privacy Policy: Your use of the Service is also subject to our Privacy Policy, available on our website, which details how we collect, use, disclose, and protect your personal information and your customers’ data. You agree to review the Privacy Policy before using the Service.
• Security Measures: We implement industry-standard technical and organizational measures to protect your Content, including:
  
  • Encryption of data in transit and at rest using AES-256 or equivalent standards.
  • Access controls to limit who can view or modify your Content.
  • Regular security audits and vulnerability assessments.
  • Firewalls and intrusion detection systems to prevent unauthorized access.
• Shared Responsibility: While we take reasonable steps to secure your Content, you are responsible for securing your own devices, networks, and account credentials used to access the Service.
• Data Breach Notification: In the event of a security breach that compromises your Content, we will notify you via email or through the Service within 72 hours of discovery, or as required by applicable law, and take reasonable steps to mitigate the impact.
• No Absolute Guarantee: Despite our efforts, no system is immune to all risks. We do not guarantee that the Service will be completely secure or free from breaches.

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5. Service Level and Support

• Availability: We strive to maintain the Service’s availability 99.9% of the time, excluding scheduled maintenance, emergency repairs, or events beyond our control (e.g., natural disasters, internet outages). Scheduled maintenance will be announced at least 24 hours in advance via email or in-app notifications.
• Support Services: We offer customer support during standard business hours (9:00 AM - 5:00 PM EST, Monday through Friday, excluding US federal holidays). You may contact support at support@cusman.ai. Response times are typically within 24 hours, though complex issues may take longer.
• Service Level Agreement (SLA): For enterprise or premium subscribers, additional SLAs may apply, including specific uptime guarantees and priority support, as outlined in your subscription agreement.
• Downtime: We are not liable for interruptions caused by force majeure events, third-party service failures, or your failure to maintain compatible hardware or software.

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6. Payment and Billing

• Subscription Plans: The Service is offered on a subscription basis (e.g., monthly or annually).
• Payment Authorization: By subscribing, you authorize us to charge your provided payment method (e.g., credit card, bank account) for all applicable fees, including taxes and volume based charges, on a recurring basis until you cancel your subscription.
• Invoices: Invoices will be issued electronically and made available in your account portal. You agree to pay all invoiced amounts within 15 days of issuance unless otherwise specified.
• Late Payments: Overdue payments will accrue interest at 1.5% per month (or the maximum rate permitted by law) and may result in suspension of your access to the Service until payment is received.
• Refunds: Payments are non-refundable except in cases of our material breach of these Terms or as required by law. Pro-rated refunds may be offered at our discretion for unused portions of an annual subscription.
• Pricing Changes: We may adjust subscription fees at any time. You will be notified at least 30 days in advance of any price increase, and the new rates will apply at the start of your next billing cycle.

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7. Termination and Cancellation

• By You: You may cancel your account at any time by logging into your account and following the cancellation instructions or by contacting us at info@cusman.ai. Cancellation takes effect at the end of your current billing cycle, and no pro-rated refunds will be issued unless otherwise agreed.
• By Us: We may suspend or terminate your access to the Service immediately, with or without notice, if you:
  
  • Breach these Terms (e.g., non-payment, illegal use).
  • Fail to pay applicable fees after a 15-day grace period.
  • Engage in activity that harms the Service, other users, or our reputation.
  • Remain inactive for 90 consecutive days (subject to prior notice).
• Effect of Termination: Upon termination:
  
  • Your license to use the Service ends, and you must cease all use.
  • We will retain your Content for 30 days, during which you may request an export. After 30 days, we may permanently delete your Content, except as required by law (e.g., for tax or compliance purposes).
• Survival: Sections 3 (Content and Data Ownership), 8 (Intellectual Property), 11 (Liability and Indemnification), 12 (Dispute Resolution), and any other provisions that by their nature should survive termination will remain in effect.

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8. Intellectual Property

• Cusman’s Property: The Service, including all software, algorithms, user interfaces, designs, trademarks, logos, and documentation, is the exclusive property of Cusman Inc and is protected by US and international copyright, trademark, patent, and trade secret laws.
• Feedback: If you provide suggestions, ideas, or feedback about the Service, you grant us a perpetual, irrevocable, royalty-free license to use, modify, and incorporate such feedback into the Service without compensation or attribution to you.
• Restrictions: You may not copy, modify, distribute, sell, lease, sublicense, or create derivative works of the Service, nor may you attempt to extract its source code or replicate its functionality.

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9. Third-Party Integrations

• Availability: The Service may offer integrations with third-party applications (e.g., email platforms, payment processors). These integrations are optional and may require additional configuration or fees.
• Third-Party Terms: Your use of third-party integrations is governed by the terms and privacy policies of those providers. We are not responsible for the performance, security, or policies of third-party services.
• Data Sharing: When you enable an integration, you authorize us to share your Content with the third party as necessary for the integration to function. We are not liable for how third parties handle your data.

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10. Compliance with Data Protection Laws

• Our Commitment: We comply with applicable data protection laws, such as the California Consumer Privacy Act (CCPA) for California residents and other relevant regulations based on our operational jurisdictions.
• Your Obligations: As a CRM user, you are responsible for:
  
  • Obtaining necessary consents from individuals (e.g., customers) before uploading their personal data to the Service.
  • Ensuring your use of the Service complies with data protection laws applicable to your location and customer base (e.g., GDPR if serving EU residents).
• Data Processing Agreement: For users subject to GDPR or similar laws, we offer a Data Processing Agreement (DPA) upon request to outline our roles and responsibilities as a data processor.

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11. Liability and Indemnification

• Disclaimer of Warranties: The Service is provided "as is" and "as available" without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee that the Service will meet your requirements, be uninterrupted, or be free from errors or defects.
• Limitation of Liability: To the fullest extent permitted by law, Cusman Inc, its affiliates, officers, directors, and employees shall not be liable for any indirect, incidental, special, consequential, or punitive damages (e.g., lost profits, data loss) arising from your use of the Service, even if advised of the possibility of such damages. Our total liability to you shall not exceed the fees you paid us in the 12 months preceding the claim.
• Indemnification by You: You agree to indemnify, defend, and hold harmless Cusman Inc and its affiliates from any claims, losses, damages, or expenses (including legal fees) arising from:
  
  • Your use of the Service.
  • Your Content, including any infringement of third-party rights.
  • Your violation of these Terms or applicable laws.
• Indemnification by Us: We will indemnify you against claims that the Service infringes a third party’s intellectual property rights, provided you notify us promptly and allow us to control the defense.

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12. Dispute Resolution

• Governing Law: These Terms are governed by the laws of the State of Delaware, USA, without regard to its conflict of law principles.
• Arbitration for US Customers: For users in the United States, any dispute arising from these Terms or your use of the Service will be resolved through binding arbitration in Delaware, USA, under the rules of the American Arbitration Association (AAA). You may opt out of arbitration by emailing info@cusman.ai within 30 days of accepting these Terms.
• Court Jurisdiction: For non-US customers or if arbitration is opted out, disputes will be resolved exclusively in the state or federal courts of Delaware, USA.
• Class Action Waiver: You agree to resolve disputes on an individual basis and waive any right to participate in a class action or collective proceeding.

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13. Updates and Changes to Terms

• Modification: We may update these Terms at our discretion to reflect changes in the Service, legal requirements, or business practices.
• Notification: We will notify you of material changes by posting the updated Terms on our website and, where feasible, sending an email or in-app notification at least 30 days before the changes take effect.
• Acceptance: Your continued use of the Service after the effective date of the updated Terms constitutes your agreement to the revised Terms. If you do not agree, you must cancel your account before the changes take effect.

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14. Vulnerability Reporting

• Responsible Disclosure: If you identify a security vulnerability in the Service, please report it to admin@cusman.ai with a detailed description. We will acknowledge your report within 5 business days and work diligently to address the issue.
• No Exploitation: You agree not to exploit any discovered vulnerabilities or disclose them publicly without our prior written consent.

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15. Miscellaneous

• • Entire Agreement: These Terms, along with the Privacy Policy and any subscription agreement, constitute the entire agreement between you and Cusman Inc regarding the Service.
  • Severability: If any provision of these Terms is found unenforceable, the remaining provisions will remain in full effect.
  • Assignment: You may not assign these Terms or your rights under them without our prior written consent. We may assign these Terms to a successor in the event of a merger, acquisition, or sale of assets.
  • Force Majeure: We are not liable for delays or failures in performance due to events beyond our reasonable control, such as natural disasters, wars, or governmental actions.
  Contact: For questions or support, contact us at info@cusman.ai or Cusman Inc, 66 W Flagler Street, Suite 900, PMB 11246, Miami, FL 33130, USA.