Last updated October 5, 2026. Please read these terms carefully; by using CloudFran you agree to them.
These Terms of Service (“Terms”) are a legal agreement between you (and the organization you represent) and CloudFran, LLC (“CloudFran,” “we,” “us”). By creating an account, starting a trial, or using the CloudFran platform and services (the “Services”), you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Services.
CloudFran provides a business platform that may include commerce, point of sale, payments, CRM, loyalty, messaging, funnels, AI features, and related tools. Specific features depend on the plan you purchase. We may add, change, or remove features over time.
You must provide accurate information, keep your credentials secure, and are responsible for activity under your account. You must be able to form a binding contract and use the Services only for lawful business purposes.
You agree not to misuse the Services, including: breaking the law; infringing others’ rights; sending unlawful, deceptive, or unsolicited messages; attempting to breach security or access data you’re not authorized to; interfering with the Services; or reselling the Services except as expressly permitted. You are responsible for your own customers’ data and for obtaining any consents required to message or market to them.
Free trials, how billing works after a trial, renewals, cancellation, and our no-partial-refund policy are described in the Free Trial & Subscription Terms, which are part of these Terms. In short: the standard free trial is 14 days; paid subscriptions renew until cancelled; and fees already paid are non-refundable except where required by law. Enterprise or custom-quoted accounts are governed by their individual agreement.
You retain ownership of the content and data you put into the Services. You grant CloudFran the rights needed to host, process, and deliver the Services to you, consistent with our Privacy Policy. You are responsible for the accuracy and lawfulness of your content.
CloudFran and its licensors own the Services, software, and brand. We grant you a limited, non-exclusive, non-transferable right to use the Services during your subscription. You may not copy, modify, reverse-engineer, or create derivative works except as the law expressly allows.
The Services may integrate third parties (for example payment processors or messaging providers). Your use of those is subject to their terms, and we are not responsible for third-party services.
The Services are provided “as is” and “as available.” To the fullest extent permitted by law, CloudFran disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will be uninterrupted or error-free.
To the fullest extent permitted by law, CloudFran will not be liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, or data. Our total liability for any claim relating to the Services will not exceed the amounts you paid us for the Services in the twelve months before the claim.
You agree to defend and indemnify CloudFran against claims arising from your content, your use of the Services, your violation of these Terms, or your violation of law or the rights of others (including your customers).
You may stop using the Services at any time. We may suspend or terminate access for violations of these Terms, non-payment, or risk to the Services or others. On termination, your right to use the Services ends; sections that by their nature should survive will survive.
We may update these Terms; material changes will be communicated by reasonable means. Your continued use after changes take effect constitutes acceptance. The “last updated” date above reflects the current version.
PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS. Any dispute, claim, or controversy arising out of or relating to these Terms, or the breach, termination, enforcement, or interpretation thereof, shall be determined by final and binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, seated in Delaware, rather than in court. Class action waiver: you and CloudFran agree that each may bring claims only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding; the arbitrator may not consolidate more than one person’s claims or preside over any representative or class proceeding. Where arbitration or this waiver is held unenforceable for a particular claim, that claim proceeds in the courts identified in the Governing law section.
If you use the Services for affiliate or influencer marketing, Name, Image, and Likeness (NIL) or athlete engagement, digital-asset tokenization, or collegiate-sports activations, you are solely responsible for complying with all applicable laws — including the U.S. Federal Trade Commission (FTC) Guides Concerning the Use of Endorsements and Testimonials in Advertising, NCAA rules, state-specific NIL statutes, and securities regulations. You must make clear and conspicuous disclosures of any material connections or financial incentives and secure all necessary talent/athlete rights. CloudFran acts solely as a technological conduit and disclaims all liability for your compliance failures, improper or missing FTC disclosures, or the unregistered offering of tokenized assets. CloudFran may immediately suspend accounts found violating FTC guidelines or applicable sports/advertising regulations.
These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict-of-laws rules, and — except for claims subject to arbitration under Section 14 — the parties submit to the state and federal courts located in Delaware, except where applicable law requires otherwise.
Questions about these Terms? Contact CloudFran at legal@cloudfran.com.
These Terms, together with the Privacy Policy and the linked supplemental terms, are the entire agreement between you and CloudFran regarding the Services and supersede prior agreements on that subject. If any provision is unenforceable, the rest remains in effect.