Effective Date: April 15, 2024
These Terms of Use (the “Terms”), together with the Franstorm AI Billing, Cancellation and Refund Policy (the “Billing Policy”), Privacy Policy, Cookies Policy, Acceptable Use Policy, Anti-Spam Policy, GDPR and Security & Compliance documentation, and any applicable purchase orders (each a “PO” and collectively, the “Agreement”) constitute a single binding legal contract between Franstorm AI (“Franstorm AI”, “we”, “us”, or “our”) and you (“you”, the “User”, or the “Client”, as applicable).
This Agreement governs access to and use of https://franstorm.com and all related software, platforms, applications, integrations, extensions, and services (collectively, the “Website”, the “Platform”, and the “Services”).
BY ACCESSING OR USING THE WEBSITE, PLATFORM, OR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE, DO NOT USE THE WEBSITE OR SERVICES.
If you use the Services on behalf of an entity, you represent and warrant that you have authority to bind that entity to this Agreement.
IN ORDER TO AVOID ANY DOUBT, FRANSTORM AI IS NOT A LINKEDIN, META, GOOGLE, OR OTHER SOCIAL MEDIA PLATFORM PRODUCT AND IS NOT ENDORSED BY OR AFFILIATED WITH ANY SUCH PLATFORM.
WEBSITE, PLATFORM & CONDITIONS OF USE
Franstorm AI differentiates between:
• User: An individual accessing the Website for informational purposes.
• Client: An individual or entity that has registered, subscribed, executed a PO, or otherwise obtained access to the Platform or Services.
All Clients are also Users. Only legally capable individuals who have reached the age of majority in their jurisdiction may use the Services.
The Website provides informational access and account application features. The Platform provides subscription-based functionality, including but not limited to AI-driven LinkedIn outreach, lead qualification, messaging automation, analytics, and related business development tools.
Franstorm AI may modify, suspend, or discontinue any part of the Website or Platform at any time without liability.
You agree not to use the Website or Platform:
• For unlawful, deceptive, abusive, or unethical purposes
• In violation of third-party platform rules
• Using bots, scrapers, reverse engineering, or unauthorized automation
• To interfere with system integrity or security
INTELLECTUAL PROPERTY
All content, software, code, designs, trademarks, branding, workflows, AI models, and documentation associated with the Website and Platform are the exclusive intellectual property of Franstorm AI or its licensors.
Franstorm AI grants Users a limited, non-exclusive, non-transferable, revocable license to access and use the Services strictly in accordance with this Agreement. No rights are granted by implication.
You may not copy, resell, sublicense, reverse engineer, or commercially exploit any part of the Services without prior written consent.
SUBSCRIPTION, FEES & BILLING
3.1 Subscription Model
Access to the Platform is subscription-based. Clients must pay all applicable fees (“License Fees”) in advance according to the selected plan or PO.
3.2 Free Trial
Franstorm AI may offer a free trial (“Free Trial”) at its sole discretion.
BY ENROLLING IN A FREE TRIAL, YOU EXPRESSLY AGREE THAT:
• The Free Trial is solely for evaluation purposes
• Your subscription will automatically convert to a paid subscription at the end of the Free Trial unless cancelled beforehand
• The payment method on file will be charged automatically
NO REFUND AFTER FREE TRIAL:
ONCE THE FREE TRIAL ENDS AND A PAID SUBSCRIPTION BEGINS, ALL FEES PAID ARE FINAL, NON-REFUNDABLE, AND NON-CREDITABLE, INCLUDING BUT NOT LIMITED TO:
• Partial use or non-use
• Early cancellation
• Dissatisfaction with results
• Account limitations caused by third-party platforms
3.3 Automatic Renewal
Subscriptions renew automatically for successive terms unless cancelled in accordance with the Billing Policy.
3.4 No Early Termination Refunds
There are no refunds for:
• Mid-term cancellations
• Downgrades
• Suspension caused by third-party platforms
• Failure to achieve desired results
3.5 No Disputes; No Chargebacks
YOU AGREE NOT TO INITIATE ANY CHARGEBACK, PAYMENT REVERSAL, OR DISPUTE THROUGH ANY BANK, CREDIT CARD PROVIDER, OR PAYMENT PROCESSOR.
All billing concerns must be submitted in writing to subscription@franstorm.com. Franstorm AI must be given reasonable opportunity to investigate and respond.
Any chargeback or dispute initiated in violation of this clause constitutes a MATERIAL BREACH of this Agreement.
Franstorm AI reserves the right to:
• Immediately suspend or terminate access
• Recover disputed amounts
• Recover all associated fees, penalties, administrative costs, and reasonable attorneys’ fees
Access to Services may be suspended during any dispute.
3.6 Taxes & Fees
All fees are exclusive of taxes. Clients are responsible for all applicable taxes, duties, and payment processor fees.
ACCOUNT REGISTRATION & SECURITY
Clients must provide accurate, current, and complete information. You are solely responsible for maintaining account security and confidentiality.
All activity under your account is deemed authorized by you. Franstorm AI is not responsible for unauthorized access caused by your failure to safeguard credentials.
Franstorm AI reserves the right to reject, suspend, or terminate accounts at its discretion.
CLIENT DATA & CONTENT
Clients retain ownership of all data and content uploaded (“Client Content”). By using the Platform, Clients grant Franstorm AI a limited, worldwide, royalty-free license to process Client Content solely to provide the Services.
Clients represent and warrant that they have all necessary rights and consents to upload and process such data and that use complies with all applicable laws.
Franstorm AI does not guarantee data accuracy, lead conversion, engagement, or results.
PRIVACY & DATA PROTECTION
Personal data is processed in accordance with Franstorm AI’s Privacy Policy and applicable data protection laws, including GDPR and other international regulations.
Clients are solely responsible for ensuring their own compliance with privacy, marketing, and data protection laws when using the Platform.
CONFIDENTIALITY
Each party agrees to maintain the confidentiality of non-public, proprietary, or confidential information disclosed in connection with the Services.
Confidentiality obligations survive termination for two (2) years.
WARRANTIES, DISCLAIMERS & LIMITATION OF LIABILITY
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. FRANSTORM AI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FRANSTORM AI SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR LOST PROFIT DAMAGES.
Clients assume all risks associated with use of third-party platforms.
TERM, TERMINATION & GOVERNING LAW
This Agreement remains in effect while you use the Services.
Franstorm AI may suspend or terminate access immediately for breach, abuse, non-payment, or reputational risk.
No fees are refundable upon termination.
This Agreement is governed by the laws of the State of Delaware, USA, without regard to conflict-of-law principles. Exclusive jurisdiction lies with the courts located in Delaware.
MISCELLANEOUS
This Agreement constitutes the entire agreement between the parties. Headings are for convenience only. Continued use after updates constitutes acceptance.
Franstorm AI may update these Terms at any time. If you do not agree, discontinue use immediately.
Electronic acceptance has the same legal effect as a physical signature.