Terms of Service

1Section 1

Definitions

These Terms of Service ("Terms," "Terms of Service," or "Agreement") govern your access to and use of the websites, software applications, platforms, products, features, integrations, tools, automation services, customer relationship management services, and other services provided by Franstorm AI LLC and, where applicable, its affiliates (collectively, "Franstorm," "Franstorm AI," "we," "us," or "our").

These Terms apply to services made available through www.franstorm.com, associated Franstorm websites, applications, platforms, and related services (collectively, the "Services").

2Section 2

Eligibility and Authority

You must have the legal capacity to enter into a binding contract in your jurisdiction to use the Services. Where applicable, you must also meet any minimum-age requirements described in Franstorm's Privacy Policy.

If you use the Services on behalf of an organization, you represent that:

• you are authorized to act on behalf of that organization;
• you have authority to enter into these Terms on its behalf; and
• the organization agrees to be responsible for your use and the use of its authorized Users.

You may not access or use the Services if applicable law prohibits you from doing so.

3Section 3

Account Registration

Certain Services require the creation of a Franstorm Account. When creating or maintaining an Account, you agree to provide accurate, current, and complete information and to update it when necessary.

You are responsible for maintaining the confidentiality and security of your Account credentials, passwords, authentication methods, and other access information, and for all activities performed through your Account by you or your authorized Users.

You must promptly notify Franstorm if you know or reasonably suspect that:

• your Account has been compromised;
• your credentials have been lost or stolen;
• an unauthorized person has accessed your Account; or
• there has been unauthorized activity involving the Services.

Franstorm may implement password requirements, multi-factor authentication, access controls, or other security measures where appropriate.

4Section 4

Services

Franstorm provides cloud-based business software and related services that may include, depending upon the Customer's subscription and available features:

The precise features available depend on your selected plan, subscription, region, Account configuration, and any applicable order or service agreement. Franstorm may improve, update, modify, replace, or discontinue individual features from time to time. Where a material change substantially affects a paid Service, Franstorm will take reasonable steps to provide appropriate notice where required by applicable law or contract.

5Section 5

Subscription Plans and Fees

Certain Services are provided on a paid subscription basis. Prices, billing periods, features, usage allowances, and other plan-specific terms will be displayed at the time of purchase or provided through an applicable quotation, order form, or service agreement.

Unless otherwise stated:

• subscription fees are charged for the applicable billing period;
• applicable taxes may be added to the displayed price;
• Customers are responsible for providing valid payment information;
• access to paid features may depend on successful payment; and
• fees are subject to Franstorm's Refund & Cancellation Policy.

Franstorm may offer monthly, annual, or other subscription periods. Pricing changes will apply in accordance with applicable notice requirements and, unless otherwise stated, will ordinarily take effect for a subsequent billing or renewal period rather than retroactively.

6Section 6

Automatic Renewal

Where automatic renewal is disclosed during purchase or enabled for a Subscription, your Subscription may automatically renew at the end of each applicable billing period unless cancelled before the applicable renewal date.

By purchasing an automatically renewing Subscription, you authorize Franstorm and its authorized payment service providers to charge the applicable fee and applicable taxes using your designated payment method. You remain responsible for cancelling before renewal if you do not wish it to renew.

7Section 7

Payment Processing

Franstorm may use third-party payment processors, merchant services providers, banks, or other financial service providers to process payments. Payment information may be collected and processed by such providers in accordance with their applicable terms and privacy practices. You agree to provide accurate and authorized billing information.

If a payment is declined, reversed, disputed, charged back, or otherwise unsuccessful, Franstorm may, subject to applicable law:

• request an alternative payment method;
• restrict access to paid functionality;
• suspend the relevant Subscription; or
• terminate the relevant paid Service after appropriate notice.

You remain responsible for undisputed amounts lawfully due under your Subscription or Agreement.

8Section 8

Free Trials, Promotions, and Promotional Credits

Franstorm may occasionally offer free trials, discounts, promotional pricing, credits, or other promotional benefits, subject to separate eligibility requirements, duration limits, feature restrictions, or other terms disclosed at the time of the offer.

Unless otherwise expressly stated, promotional credits have no cash value, cannot be transferred, cannot be exchanged for cash, and may expire according to the applicable promotional terms.

Franstorm may modify or discontinue promotions prospectively, subject to applicable law and any commitments already made to eligible Customers.

9Section 9

Acceptable Use

You agree to use the Services only for lawful and legitimate business or personal purposes and in accordance with these Terms and applicable laws. You must not use the Services to:

• violate applicable laws or regulations;
• infringe intellectual property, privacy, publicity, confidentiality, or other legal rights;
• transmit unlawful, fraudulent, deceptive, defamatory, abusive, or malicious material;
• distribute malware, viruses, malicious scripts, or harmful software;
• gain unauthorized access to systems, networks, Accounts, or data;
• interfere with the security, integrity, availability, or operation of the Services;
• circumvent technical restrictions, security mechanisms, usage limits, or access controls;
• impersonate another person or misrepresent your affiliation with another person or entity;
• collect, process, scrape, or use Personal Data unlawfully;
• send communications in violation of applicable anti-spam, electronic communications, privacy, or marketing laws;
• facilitate unlawful surveillance or unauthorized profiling;
• reverse engineer, decompile, or attempt to derive source code except where prohibited by law; or
• resell, sublicense, reproduce, or commercially exploit the Services except where expressly authorized.

You are responsible for ensuring that your use of automation, communication, prospecting, CRM, and integration functionality complies with all laws applicable to you.

10Section 10

Customer Responsibilities

The Customer is responsible for:

• determining whether the Services are appropriate for its intended use;
• ensuring that Customer Data has been collected and provided lawfully;
• obtaining all required permissions, notices, and consents;
• configuring its Account appropriately;
• managing authorized Users and access permissions;
• protecting Account credentials;
• complying with applicable privacy, marketing, communications, employment, and data-protection laws;
• maintaining lawful communications with customers, leads, prospects, employees, and other Data Subjects; and
• responding to obligations applicable to the Customer as a data controller or business.

Franstorm's provision of technology does not relieve Customers of their independent legal responsibilities.

11Section 11

Customer Data

As between Franstorm and the Customer, the Customer retains its rights in Customer Data. The Customer grants Franstorm the limited rights necessary to host, transmit, reproduce, process, display, modify where technically necessary, and otherwise handle Customer Data solely to:

• provide the Services;
• maintain and secure the Services;
• perform requested integrations;
• provide customer support;
• comply with legal obligations; and
• perform other processing permitted under the Agreement and applicable data-protection documentation.

The Customer represents that it has all rights, permissions, lawful bases, and authorizations necessary to provide Customer Data to Franstorm and instruct Franstorm to process it.

12Section 12

Privacy and Data Protection

Franstorm is committed to protecting Personal Data and handling it in accordance with applicable privacy and data-protection laws. Franstorm's processing of Personal Data is further described in its Privacy Policy, GDPR Compliance Policy, and Data Processing Agreement (DPA).

Where Franstorm processes Relevant Personal Data on behalf of a Customer and the Customer acts as Controller, Franstorm will act as Processor to the extent specified in the applicable DPA.

13Section 13

Data Subject Rights

Where applicable under data-protection law, individuals may have rights including:

• the right to be informed;
• the right of access;
• the right to rectification;
• the right to erasure;
• the right to restriction of processing;
• the right to data portability;
• the right to object;
• rights relating to automated decision-making and profiling;
• the right to withdraw consent; and
• the right to lodge a complaint with an appropriate supervisory authority.

Franstorm will handle applicable requests in accordance with its role as Controller or Processor and its legal obligations. Where Franstorm acts solely as Processor, the Customer may be primarily responsible for responding to Data Subject requests, with Franstorm providing reasonable assistance as described in the DPA.

14Section 14

Data Security

Franstorm implements technical and organizational measures designed to protect Personal Data and Customer Data against unauthorized or unlawful access, processing, alteration, disclosure, destruction, or accidental loss. Such measures may include, as appropriate:

No internet-based or electronic storage system can be guaranteed to be completely secure. Customers are therefore also responsible for maintaining appropriate security practices when accessing and using the Services.

15Section 15

Cloud Infrastructure

Franstorm operates cloud-based Services and may use third-party infrastructure and hosting providers. As described in Franstorm's data-protection documentation, Franstorm may use Amazon Web Services (AWS) infrastructure for hosting and related cloud services.

The location and manner in which Personal Data is stored or transferred may depend on the Customer's contracting arrangement, domain, service configuration, and applicable legal requirements. International transfers of Personal Data will be handled in accordance with applicable Data Protection Laws and appropriate transfer mechanisms where required.

16Section 16

Third-Party Services and Integrations

The Services may allow Customers to connect to Third-Party Services, including email, calendar, cloud storage, communication, social, productivity, and other external platforms — for example, Google services and other supported integrations.

When you enable a Third-Party Service, you authorize Franstorm to exchange the information necessary to provide the requested integration. Third-Party Services are operated independently from Franstorm and may be subject to separate terms, privacy policies, availability requirements, API limitations, and security practices.

Franstorm is not responsible for the independent acts, omissions, policies, or service availability of third-party providers except to the extent required by applicable law or expressly agreed in writing. You are responsible for ensuring that your use of any Third-Party Service complies with its applicable terms.

17Section 17

Google API Services

Where a Customer enables integrations involving Google services, information may be exchanged through applicable Google APIs to provide requested functionality.

Franstorm's use and transfer of information received from Google APIs will comply with applicable Google API Services User Data Policy requirements, including applicable Limited Use requirements, as described in Franstorm's Privacy Policy. Customers may revoke applicable integration permissions through the relevant account or third-party authorization controls.

18Section 18

Intellectual Property Rights

Franstorm and its licensors retain all right, title, and interest in and to the Services, including software, source and object code, platform architecture, interfaces, databases, workflows, designs, trademarks, logos, graphics, documentation, proprietary technologies, and other intellectual property associated with the Services.

Except for the limited right to access and use the Services during an authorized Subscription or service period, no intellectual property rights are transferred to the Customer. The Customer retains ownership of Customer Data and its independently owned intellectual property.

19Section 19

Feedback

If you voluntarily provide suggestions, recommendations, ideas, or other feedback relating to Franstorm or the Services, you grant Franstorm permission to use that feedback for legitimate business purposes, including improving the Services, without creating an obligation to compensate you.

This provision does not transfer ownership of Customer Data or confidential information to Franstorm.

20Section 20

Confidentiality

Each party may receive non-public or confidential information from the other in connection with the Services. Each party agrees to take reasonable measures to protect such confidential information and to use it only for purposes connected with the Agreement.

Franstorm will restrict access to Customer Personal Data and confidential information to Personnel, Subprocessors, and other authorized persons who require access for legitimate purposes and who are subject to appropriate confidentiality obligations.

21Section 21

Availability and Modifications

Franstorm endeavors to maintain reliable access to its Services but does not guarantee uninterrupted or error-free availability. Service interruptions may occur because of:

• scheduled or emergency maintenance;
• infrastructure issues;
• third-party outages;
• internet or telecommunications failures;
• security incidents;
• force majeure events; or
• circumstances outside Franstorm's reasonable control.

Franstorm may make reasonable changes to the Services to improve functionality, security, performance, compliance, or user experience.

22Section 22

Suspension of Services

Franstorm may suspend or restrict access to all or part of the Services where reasonably necessary, including when:

• fees remain unpaid;
• there is suspected fraudulent or unauthorized activity;
• an Account creates a security risk;
• the Customer materially breaches these Terms;
• use of the Services violates applicable law;
• continued access could harm Franstorm, its infrastructure, other Customers, or third parties; or
• suspension is required by law or a competent authority.

Where reasonably practicable and legally permitted, Franstorm will provide notice and an opportunity to remedy the relevant issue.

23Section 23

Cancellation by Customer

Customers may cancel a Subscription in accordance with the cancellation mechanism provided through their Account or by contacting Franstorm through an authorized support channel.

Cancellation ordinarily prevents future renewal and does not automatically create a right to a refund for amounts already paid. Refund eligibility, billing consequences, and any applicable exceptions are governed by the Refund & Cancellation Policy and mandatory applicable law.

24Section 24

Termination

Either party may terminate an Agreement or Subscription where termination rights are provided under the applicable plan, order form, service agreement, these Terms, or applicable law.

Franstorm may terminate an Account or Subscription for a material breach if the breach is not remedied within a reasonable period after notice, where a cure is possible. Franstorm may terminate immediately where necessary because of serious unlawful conduct, fraud, security threats, misuse of the Services, or where continued provision of Services would itself violate applicable law.

Upon termination, the Customer's right to access the affected Services will cease, subject to any applicable data-export, return, retention, or deletion requirements.

25Section 25

Data Following Termination

Following expiration or termination, Franstorm will handle Customer Data in accordance with the applicable Agreement, Privacy Policy, DPA, retention requirements, and applicable law.

Where the DPA applies, Relevant Personal Data will be returned or securely deleted within the period specified by the DPA, subject to legally required retention. Customers should export any data they wish to retain before termination where export functionality is available.

26Section 26

Refunds

Payments, cancellations, refunds, billing disputes, duplicate payments, and related matters are governed by the Franstorm Refund & Cancellation Policy.

Nothing in these Terms is intended to limit any mandatory refund, cancellation, withdrawal, or consumer right that cannot lawfully be excluded.

27Section 27

Disclaimers

To the maximum extent permitted by applicable law, the Services are provided on an "as available" basis. Franstorm does not warrant that:

• every feature will operate without interruption;
• the Services will be completely error-free;
• every third-party integration will remain continuously available;
• every automated action will produce a particular business outcome; or
• use of the Services will guarantee leads, conversions, revenue, sales, appointments, or other commercial results.

Customers remain responsible for reviewing and supervising their use of automation, AI-enabled functionality, communications, and Customer Data. Nothing in these Terms excludes warranties or protections that cannot legally be excluded.

28Section 28

Limitation of Liability

To the maximum extent permitted by applicable law, neither party will be liable for indirect, incidental, special, punitive, exemplary, or consequential damages, or for loss of profits, revenue, goodwill, or anticipated savings, arising from the Agreement, except where such limitation is prohibited by law.

Any contractual limitation or cap on Franstorm's aggregate liability may also be specified in an applicable order form, enterprise agreement, or Services Agreement.

29Section 29

Compliance with Laws

Each party is responsible for complying with laws applicable to its respective activities under the Agreement. Customers must ensure that their use of the Services complies with applicable:

• privacy and data-protection laws;
• electronic communication and anti-spam laws;
• consumer-protection laws;
• intellectual-property laws;
• employment laws, where relevant;
• export-control and sanctions requirements; and
• other applicable regulations.

Franstorm may request information reasonably necessary to satisfy applicable legal, sanctions, identity-verification, security, or regulatory obligations.

30Section 30

Governing Law and Jurisdiction

The governing law and jurisdiction applicable to a Customer may depend on the relevant Franstorm contracting entity, Services Agreement, order form, and mandatory laws applicable to the Customer.

Where the Franstorm AI LLC Data Processing Agreement expressly applies and specifies governing law for matters arising under that DPA, the governing-law provision contained in the DPA will apply to those matters.

Nothing in these Terms deprives consumers or Data Subjects of protections or rights that cannot be waived under applicable law.

31Section 31

Changes to These Terms

Franstorm may update these Terms periodically to reflect changes to the Services, new functionality, changes in business operations, security requirements, legal or regulatory developments, or improvements to the clarity of these Terms.

Where changes are material, Franstorm will provide notice where required by applicable law. The updated version will indicate its revised "Last Updated" date. Your continued use of the Services following the effective date of updated Terms constitutes acceptance where permitted by applicable law.

If you do not agree to revised Terms, you should discontinue use of the affected Services and cancel your Subscription where applicable.

32Section 32

Entire Agreement

These Terms, together with applicable order forms, Services Agreements, the Privacy Policy, GDPR Compliance Policy, Data Processing Agreement, Refund & Cancellation Policy, and other documents expressly incorporated by reference, constitute the agreement between the parties concerning the relevant Services.

If there is a conflict between documents, any specifically negotiated or executed agreement will take precedence to the extent expressly stated in that agreement. For Personal Data processed by Franstorm as Processor on behalf of a Customer, the applicable DPA will take precedence regarding data-processing obligations to the extent of any conflict.

33Section 33

Severability

If any provision of these Terms is determined to be invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent permitted by law or severed where necessary. The remaining provisions will continue in full force and effect.

34Section 34

No Waiver

Failure by either party to enforce a provision of these Terms does not constitute a waiver of that provision or any other rights. A waiver will be effective only where made in accordance with applicable law.

35Section 35

Assignment

The Customer may not assign or transfer its rights or obligations under these Terms without Franstorm's prior written consent, except where applicable law provides otherwise.

Franstorm may assign the Agreement in connection with a merger, acquisition, corporate restructuring, sale of assets, or transfer of the relevant business, subject to applicable law and data-protection obligations.

Contact

Contact Information