This agreement contains a mandatory arbitration clause and a class action waiver that waives your right to participate in a class action. You must review this document in its entirety, including the dispute resolution section below, before using the platform.
These terms of service govern your subscription to and use of the platform and services. Please read these terms of service carefully. Capitalized terms have the definitions set forth herein. By completing the registration process, creating an account, or accessing or using any of the platform and/or services, you represent that:
Certain portions of the platform may be subject to “open source” or “free software licenses.” Such components will be governed by the terms of their respective terms of use and not by these terms.
Once accepted, these terms of service, in combination with our privacy policy, data processing agreement, and affiliate agreement (wherever applicable) (collectively the “terms”), become a binding legal commitment between you (or the business entity that you represent) and Cresco Cloud FZCO, Inc. and its respective officers, directors, business affiliates, successors, and assigns (hereinafter referred to as “Cresco Cloud FZCO,” “we” or “us”) and will govern your access to and use of the platform and all other interactions with Cresco Cloud FZCO related to the platform.
Cresco Cloud FZCO is operated under license no. 54131. Cresco Cloud FZCO reserves the right to make changes to these Terms at any time. All changes are effective immediately when posted. Your continued use of the Platform following the posting of any revised Terms constitutes your acceptance and agreement to the updated Terms.
Cresco Cloud FZCO is only providing the Platform for your business use without any promise of exclusivity. Cresco Cloud FZCO’s customers, users, entrepreneurs, affiliate marketers, experts, and partners are not Cresco Cloud FZCO’s employees, contractors, or representatives. Cresco Cloud FZCO is not responsible for any interactions between you and your customers, other than providing access to the Platform. Cresco Cloud FZCO is in no way liable for any disputes, claims, losses, injuries, or damages arising from your relationship with your customers, including their reliance upon any information or content you provide. You agree and acknowledge that you are responsible for implementing your own terms of service to govern the relationship between you and your customers.
You should consult a lawyer for legal advice to ensure your use of the Platform complies with these Terms and applicable law.
You must be at least 18 years old to use the Platform. By accepting these Terms, creating a Platform Account, or using the Platform, you represent that you are at least 18 years old. You may not use the Platform or the Services if you are an employee, partner, or director of our Competitors or intend to gain access to the Platform in order to compete with the Platform.
Your use of the Platform is conditioned on your provision of complete, current, and accurate information when registering for a Platform Account. The Platform is intended for business use or in connection with an individual’s trade, craft, or profession. As the individual who accepts these Terms, you are the owner of the Platform Account unless you are acting on behalf of a business entity, in which case the business entity is the owner of the Platform Account.
If you accept these Terms on behalf of a business entity, you represent and warrant that you have the authority to bind the business entity to these terms. If multiple parties claim to be the “owner” of a particular Platform Account, Cresco Cloud FZCO will deem the owner to be the person who can demonstrate their ownership (in whole or in part) of the underlying business entity for which the Platform Account was created by providing government-issued documentation of such ownership. If Cresco Cloud FZCO is unable to determine the rightful owner of the Platform Account, Cresco Cloud FZCO reserves the right to suspend or terminate the Platform Account until the disputing parties have mutually agreed on ownership or until a court has ordered Cresco Cloud FZCO to grant access to a specific individual.
You and your customers may use the Platform only as intended for lawful purposes and in accordance with these Terms. You agree that you and your customers will not use the Platform in any way that violates any applicable law or regulation or engage in any Prohibited Uses.
In addition, you represent and warrant that:
You will be solely responsible for your use of the Platform and Services, including (a) the quality and integrity of any data and other information, including Information, made available to us by or for you through the use of the Platform, (b) securing and maintaining proper insurance as required, and (c) compliance with all applicable laws and regulations including but not limited to HIPAA and other data privacy laws. Cresco Cloud FZCO is not responsible for your compliance with laws and does not represent that your use of the Platform will comply with any laws, including but not limited to HIPAA, PCI, Gramm-Leach-Bliley Act, and other similar laws and regulations.
By using the Platform and providing Information on or through the Platform, you consent to Cresco Cloud FZCO’s use and disclosure of the Information in accordance with the Privacy Policy available here and incorporated herein by reference. You agree that Cresco Cloud FZCO has no responsibility or liability for the deletion or failure to store any Information or content maintained or transmitted on or through the Platform.
When you provide your customers with access to the Platform, you must implement and enforce your own terms of service and Privacy Policy, providing a level of protection at least equal to that provided to you by Cresco Cloud FZCO. You must obtain consent from your customers, affirmatively acknowledging that your customers agree to be bound by your privacy policy. You represent and warrant that you have provided, and will continue to provide, adequate notices and have obtained, and will continue to obtain, the necessary permissions and consents to provide your customers’ data to us for use and disclosure in accordance with these Terms and our Privacy Policy.
You may not use, resell, authorize, or permit anyone to use, or license or make available data you obtain from People Data Labs, for any purposes prohibited in the People Data Labs Acceptable Data Use Policy. You further agree to comply with applicable law when collecting personal data that will be sent to People Data Labs.
You are responsible for maintaining the confidentiality of your Login Credentials. You are responsible for all uses of your Platform Account and Login Credentials, whether or not authorized by you. You agree to notify Cresco Cloud FZCO immediately of any unauthorized access to or use of your Platform Account or Login Credentials or any other breach of security. Cresco Cloud FZCO reserves the right to disable your Login Credentials at any time in its sole discretion for any or no reason, including if, in Cresco Cloud FZCO’s opinion, you have violated any provision of these Terms. Platform Accounts are non-transferable. You are obligated to take preventative measures to prohibit unauthorized users from accessing your Platform Account with your Login Credentials.
You give consent to Cresco Cloud FZCO to access and monitor your Platform Account and your customers’ accounts for support and security purposes, and/or to perform its obligations under these Terms or to enforce these Terms.
The Platform may include certain communication features such as SMS, MMS, email, voice call capabilities, and other methods. Separate Communication Surcharges for these services may apply and will be charged to your invoice. If you use these features, you agree that you are exclusively responsible for all communications sent using the Platform, including compliance with all laws governing those communications, including but not limited to the Telephone Consumer Protection Act (“TCPA”), the Do Not Call Registry Rules, and the CAN-SPAM Act. You represent and warrant that you understand and will comply with those laws.
Cresco Cloud FZCO is a technology platform communication service application provider ONLY. Cresco Cloud FZCO does not originate, send, or deliver any communications to any recipient via SMS, MMS, email, or other communication methods. You control the message, timing, sending, fraud prevention, and call blocking. All communications, whether SMS, MMS, email, or otherwise, are created by and initiated by you and/or your customers, whether generated by you or sent automatically via the Platform at your direction.
You may choose to access certain Third-Party Services through the Platform. You are responsible for enabling and managing the integration of each Third-Party Service. By purchasing or integrating Third Party Services through the Platform, you grant permission to Cresco Cloud FZCO to share your data with the Third-Party Services providers to facilitate the integration and use of the Third-Party Services through the Platform.
Cresco Cloud FZCO does not guarantee the interoperation, integration, or support of any Third-Party Services nor give any representation, warranty, or endorsement, express or implied, with respect to the legality, accuracy, quality, or authenticity of content, information, or services provided by those Third-Party Services. Cresco Cloud FZCO may, at any time, in its sole discretion, modify the Platform or Services, which may impact interoperation, integration, or support of Third-Party Services.
If you elect to pause or delete some or all of your Platform Account, certain features, functionality, or Services, including Third Party Services (such as LeadConnector phone numbers or email services), may not be recoverable or retrievable upon reactivation. If you pause some or all of your Platform Account for more than thirty (30) days, and Cresco Cloud FZCO is still incurring costs on your behalf related to Third Party Services (such as the costs of securing a particular phone number on your behalf), Cresco Cloud FZCO reserves the right to release the phone number or delete some or all of your Platform Account in its sole discretion, without liability to you.
The Platform may include Third Party Content. Your use of Third Party Content is entirely at your own risk and discretion. All statements and opinions expressed in Third Party Content are solely the opinions and the responsibility of the third party and do not necessarily reflect the opinion of Cresco Cloud FZCO. Cresco Cloud FZCO is not responsible for Third Party Content and makes no endorsements, representations, or warranties and assumes no liability, obligation, or responsibility for Third Party Content. You are responsible for ensuring that your engagement or transactions with Third Party Content are in compliance with these Terms and any applicable laws.
Cresco Cloud FZCO provides access to the Platform on a tiered-pricing basis, and some tiers can process more data with less impact on performance. We have no liability for the effect that your excessive data use may have on performance. If, in Cresco Cloud FZCO’s sole discretion, we determine that your data use is excessive, abusive, or has a negative effect on the Platform in any way, we may:
Trial periods are not intended to be used consecutively. If we discover that you are doing back-to-back trials to avoid paying a subscription fee, then, without prejudice to any other remedies available under law, Cresco Cloud FZCO reserves the right to suspend or terminate your use of the Platform or Services and further ban you from using the Platform or Services in Cresco Cloud FZCO’s sole discretion.
Cresco Cloud FZCO reserves the right to make updates or changes to the Platform at any time, including changes that may affect the previous mode of operation of the Platform. You agree that your use of the Platform or purchase of Services is not contingent on Cresco Cloud FZCO’s future delivery or release of any functionality or feature, including but not limited to the continuation of a certain Service or any Third-party Service.
Before using Artificial Intelligence (“AI”) features of the Platform, you must ensure that you are in a jurisdiction that allows AI usage. If you elect to use any AI-based features of the Platform, you are responsible for ensuring that you are using our AI-based features in compliance with our Artificial Intelligence Acceptable Use Policy, which is attached hereto as Exhibit B.
If you use the Platform to purchase a domain name, Cresco Cloud FZCO will purchase it on your behalf, and Cresco Cloud FZCO will be the listed registrant. You must use the domain name in compliance with these Terms. If requested by you in writing, Cresco Cloud FZCO will transfer the domain name to you. A transfer fee may apply. You agree to indemnify and hold Cresco Cloud FZCO harmless from any claim or demand, including reasonable attorneys’ fees, arising from your use of such domain, including any breach of these Terms and any violations of applicable laws as it pertains to use of the domain name.
Cresco Cloud FZCO will not fulfill Sub-Account transfer requests made by your customers unless you have approved the transfer through our in-app transfer request process. Cresco Cloud FZCO will only fulfill transfers of Sub-Accounts without your approval if:
Cresco Cloud FZCO does not have a bug bounty program and does not pay bug bounties. Cresco Cloud FZCO prohibits any third-party access to the Platform or any Cresco Cloud FZCO systems or networks, including any network penetration testing, security assessment, or probing, except as expressly permitted by these Terms or as agreed to by Cresco Cloud FZCO in a separate written agreement.
You are solely responsible for the Materials that you may sell through the Platform and/or Services (including description, price, fees, tax that you calculate, defects, required legal disclosures, regulatory compliance, offers, or promotional content), including compliance with any applicable laws or regulations. You acknowledge and agree to provide public-facing contact information, a refund policy, and order fulfillment timelines on Your store using the Platform. Cresco Cloud FZCO does not provide refunds to your customers. Cresco Cloud FZCO does not pre-screen Materials, and it is in our sole discretion to refuse or remove any Materials from any part of the Platform, including if Cresco Cloud FZCO determines in its sole discretion that the Materials that you offer through the Platform, or the Materials uploaded or posted to the Platform, violate our Code of Conduct or these Terms.
You agree that Cresco Cloud FZCO can, at any time, review and delete any or all of the Materials submitted to the Platform and/or Services, although Cresco Cloud FZCO is not obligated to do so. You acknowledge and agree that the Platform and/or Services are not a marketplace, and any contract of sale made through the Platform and/or Services is directly between You and the customer. You are the seller of record for all items you sell through the Platform and/or Services. You are responsible for the creation and operation of Your store, Your Materials, the goods and services that you may sell through the Platform and/or Services, and all aspects of the transactions between You and Your customer(s).
This includes, but is not limited to, authorizing the charge to the customer in respect of the customer’s purchase, refunds, returns, fulfilling any sales or customer service, fraudulent transactions, required legal disclosures, regulatory compliance, alleged or actual violation of applicable laws (including but not limited to consumer protection laws in any jurisdiction where you offer products or services for sale), or Your breach of these Terms.
You represent and warrant that Your store, Your Materials, and the goods and services you sell through the Platform and/or Services will be true, accurate, and complete, and will not violate any applicable laws, regulations, or rights of third parties. For the avoidance of doubt, Cresco Cloud FZCO will not be the seller or merchant of record and will have no responsibility for Your store or items sold to customers through the Platform and/or Services. Cresco Cloud FZCO reserves the right to provide our Services and/or Platform to Your competitors and makes no promise of exclusivity. You further acknowledge and agree that Cresco Cloud FZCO employees and contractors may also be Cresco Cloud FZCO customers or merchants and that they may compete with You. Cresco Cloud FZCO is not responsible for damages or lawsuits that arise if you break the law, breach this agreement, or go against the rights of a third party. You need to ensure that the terms & conditions applicable to your transactions with your customers do not conflict with these Terms.
When reselling access to the Platform, you agree that you are fully liable to your customers for their access to and use of the Platform, and you are solely responsible for the resolution of all customer disputes and inquiries. If Cresco Cloud FZCO determines, in its sole discretion, that you are consistently and repeatedly failing to provide your customers with adequate resolutions to their disputes and inquiries, or if we receive complaints that you are not responding to legitimate customer disputes or inquiries, we reserve the right to exercise our ability to terminate your Platform Account.
If you are authorized to white-label and resell access to the Platform, You cannot advertise access to the Core Platform for an effective price that is less than the Standard Prices offered by Cresco Cloud FZCO (the “MAP Policy”). The “Core Platform” is defined as a combination of 2 or more of the following Platform features:
For the avoidance of doubt, offering any of the foregoing features (or any other features not listed above) as a standalone product is not subject to the MAP Policy. “Standard Price” for one Sub-Account is $97 USD for monthly subscriptions or $970 USD for an annual subscription. Cresco Cloud FZCO reserves the right to change its Standard Prices at any time, for any reason. In the event of a change to Cresco Cloud FZCO’s Standard Prices, you are responsible for ensuring your continued compliance with the MAP Policy.
Cresco Cloud FZCO may run special pricing offers, promotions, or discounts from time-to-time (“Special Pricing”). Cresco Cloud FZCO’s use of Special Pricing does not create an exception to the MAP Policy. Any changes to this MAP Policy will be communicated by a change to these Terms or by other forms of communication deemed appropriate by Cresco Cloud FZCO in its sole discretion. The price at which you are advertising access to the Platform is determined after deduction of coupon discounts, rebates, value of product giveaways, gift card amounts, and other promotional offers, that have the effect of lowering an advertised price (“Advertised Price”). The MAP Policy only applies to the Advertised Price. The final price at which you resell access to the Platform (“Final Price”) is not subject to the MAP Policy.
Subscription fees for access to the Platform or any standalone Platform features must be charged on a recurring basis (i.e. monthly, annually, etc.). It is a violation of these Terms to resell lifetime access to the Core Platform or any standalone features of the Platform for a one-time fee unless you have prior written approval from Cresco Cloud FZCO. Cresco Cloud FZCO reserves the right to grant exceptions and revoke any such exceptions to this restriction in its sole discretion.
Cresco Cloud FZCO reserves the right to make exceptions to this MAP Policy at any time, for any reason, in its sole and absolute discretion. Such exceptions must be made in writing, and may be revoked at any time, for any reason, in its sole and absolute discretion.
The MAP Policy does not apply to Advertised Prices displayed at brick-and-mortar selling locations where the Advertised Price is not distributed or visible to customers outside said location, or where Final Prices are first disclosed to customers in “shopping carts” for web-based sales (so long as such Final Prices cannot be retrieved by search engines or otherwise displayed to customers).
This MAP Policy does not apply to advertising within any jurisdiction in which minimum advertised price policies are prohibited by law. It is a violation of this policy, however, to transmit an Advertised Price less than the MAP Policy from any such jurisdiction to customers in any jurisdiction in which the MAP Policy is permissible.
For sales into the European Union and United Kingdom, this MAP Policy does not prohibit you from offering customers discounts or communicating to customers that the Final Price could differ from the Advertised Price.
Subject to your continued compliance with these Terms, we hereby grant you a limited, non-exclusive, non-transferable, and revocable license to use the Platform including the design and trade-dress, as may be reasonably required for re-branding and reselling access to the Platform under your own white-label brand. Any license granted to You under this Section will automatically terminate upon a breach of this license or the Terms or a violation of the restrictions set forth below. Under this license, portions of the Platform may be modified by you, incorporating your name, logo, trademark, and color scheme into your individual access area within the Platform.
You are solely responsible for copyright, trademark, or other intellectual property concerns connected with you and your customers’ customized look and feel of the Platform. You acknowledge that you may not be able to customize the Platform according to your unique branding to the extent that your customization would appear to be independently developed. Cresco Cloud FZCO may remove any of your modifications at any time without advance notice and without liability to you. You are authorized to make your white-labeled version of the Platform available on application store platforms; however, You acknowledge that Cresco Cloud FZCO shall not be responsible in any manner whatsoever in case you are unable to publish your white-labeled version of the Platform on any app store.
You are prohibited from participating in any illegal, deceptive, misleading or unethical practices including, but not limited to, disparagement of the Platform or Services or other practices which may be detrimental to the Platform or Services, Cresco Cloud FZCO or the public interest. You will not, nor make any attempt to, acquire any rights in the Platform or any of its components. If you acquire any rights in the Platform or any portion thereof, by operation of law or otherwise, you, at no expense to Cresco Cloud FZCO hereby assign all such rights to Cresco Cloud FZCO. You are prohibited from representing yourself as a Cresco Cloud FZCO employee or otherwise implying an association with Cresco Cloud FZCO when reselling access to the Platform. You may not direct your customers to contact Cresco Cloud FZCO for any reason, including but not limited to Platform support. You may not directly or indirectly solicit existing Cresco Cloud FZCO customers to cancel their Platform Account in order to purchase a subscription to your white-label branded version of the Platform. You may not distribute marketing collateral or other advertising or sales content that directly compares Cresco Cloud FZCO’s product to your white-label branded version of the Platform or makes claims that suggest your white-label branded version of the Platform is superior to or has more features than Cresco Cloud FZCO’s Platform.
We may suspend or terminate your ability to resell access to the Platform in our sole discretion, with or without notice, if you violate the MAP Policy or these Terms or for any other reason in our sole and absolute discretion.
You represent and warrant that, when using the Platform, you will comply with the Code of Conduct set forth in Exhibit A. Cresco Cloud FZCO reserves the right to seek all remedies available to it in the event that You violate this Agreement, including the Code of Conduct, up to and including termination of your Platform Account.
You agree to provide us with accurate and complete billing information (name, address, credit card information, and phone number) and notify us of any changes within 10 days of the change. Your use of the Platform is subject to the timely payment of your and your customers’ Fees. Fees may include, but are not limited to: subscription fees, Communication Surcharges, add-on service fees, or other usage-based or subscription-based Fees offered by Cresco Cloud FZCO as incurred by you and your customers. Fee rates and amounts may change from time to time. Fees for subscription services will be billed in advance of Services on a monthly or annual basis, depending on your subscription plan. Usage-based fees, including but not limited to Communications Surcharges, are calculated based on usage and will be billed monthly as separate line items on your invoice. We will automatically charge the card on file when your Fees become due.
Your Platform Account contains a “wallet” where you can pre-load funds to purchase Services through the Platform or to support rebilling of your customers’ Fees. If you are on the $39 or $129 or $399 plan, You are automatically enrolled in our rebilling feature and will need to update your settings in your Platform Account if You want to turn off the rebilling feature or change the automatic re-load amount. If you use the wallet feature, You provide your consent for Cresco Cloud FZCO to deduct amounts from the wallet to cover any Fees due at such time. In the event you have a negative wallet balance, we will automatically charge the credit card we have on file to cover the negative balance and add funds to avoid any overdrafts. You provide your consent for Cresco Cloud FZCO to charge your credit card to avoid any overdrafts.
If, for any reason, your credit card company declines or otherwise refuses to pay the amount owed for the Services you have purchased, we will re-attempt to charge the card on file for a period of 7 business days. If, after re-attempting to charge your card, we are still unable to process the transaction, your Platform Account may be force-canceled for non-payment in Cresco Cloud FZCO’s sole discretion. Additionally, we may require you to pay any overdue Fees and other amounts incurred (including any third-party chargeback fees or penalties) by other means acceptable to us. In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees and other legal expenses. In the event that you dispute any charges on your invoice, You must notify us in writing within thirty (30) days of the invoice date. You must pay all invoiced Fees and charges while the dispute is pending or you waive the right to pursue the dispute. Where you are disputing any Fees or charges, you must act reasonably and in good faith and cooperate diligently with us to resolve the dispute. All Cresco Cloud FZCO determinations regarding your obligation to pay invoiced Fees and charges are final.
You may cancel your subscription through your Platform Account. You are solely responsible for the cancellation of Services associated with your account, and, subject to other provisions of these Terms, you will be responsible for all Fees incurred until such cancellation occurs. No refunds will be provided for your failure to properly cancel the Services associated with your account.
You may not mark-up or increase any Cresco Cloud FZCO Fees that you pass through to Your customers or third parties. You are solely responsible for all customer pass-through Fees and related expenses, including but not limited to refunds and chargebacks of such pass-through Fees. Cresco Cloud FZCO is not responsible for resolving issues or disputes between You and Your customers regarding pass-through Fees. You are solely responsible for all financial transactions you and your customers engage in on the Platform or while using the Services, including transactions conducted using billing tools enabled by the Services. You are exclusively responsible for all chargebacks related to activities of you and your customers, regardless of the reason for the chargeback. You are solely responsible for collecting and remitting to government authorities any taxes and government assessments related to Your resale or markup of the Services.
All Fees assessed by Cresco Cloud FZCO are non-refundable, including subscription Fees, Communication Surcharges, and Cresco Cloud FZCO’s resale of Third Party Services, regardless of whether you actually accessed or used the Platform Account or Services during your subscription period. You are solely responsible for any excess Fees incurred by You as a result of an error or omission made by You or a third party. Cresco Cloud FZCO does not provide Fee refunds or credits for such errors or omissions, or for partially used or unused Platform or Services subscriptions. Except as may be required by law, Cresco Cloud FZCO reserves the right to issue or deny a refund or credit in its sole and absolute discretion, at any time, for any reason, and Cresco Cloud FZCO’s determination of if and when to issue or deny a refund or credit is final.
Cresco Cloud FZCO resells some Services and Third Party Services that require pre-payment (including but not limited to ad-buying and other services). Unused or cancelled pre-paid services are non-refundable. Cresco Cloud FZCO may, in its sole discretion, issue account credits for future services in the event that You elect to cancel any pre-paid services before the services are fully performed. Some subscriptions for Services require a non-cancellable minimum subscription commitment which cannot be canceled until the commitment is fulfilled. Fees for such non-cancellable minimum subscription commitments will continue to be automatically applied to your bill until the minimum commitment has been achieved. Some add-on services or products cannot be canceled or refunded once Cresco Cloud FZCO has technically enabled such products and/or services on your Platform Account, including but not limited to the HIPAA package.
When Your Services are canceled, terminated or expired, it is Your sole obligation to request Cresco Cloud FZCO to refund any amounts remaining in your account’s “wallet”. Any amounts remaining in the “wallet” for over thirty (30) days after expiration, termination or cancellation of your Platform Account, will automatically become the property of Cresco Cloud FZCO.
Cresco Cloud FZCO offers an Affiliate Program under which commissions can be earned for referring new customers to Cresco Cloud FZCO. Your participation in the Affiliate Program is subject to Cresco Cloud FZCO’s approval and your acceptance of the Affiliate Agreement, a copy of which is available here and is incorporated herein by reference. You must establish a payment account linked to your Cresco Cloud FZCO account in order to earn and receive commission payouts. Commissions may be forfeited if Cresco Cloud FZCO is unable to submit payment to your payment account for any reason. Employees of Cresco Cloud FZCO are not eligible to participate in the Affiliate Program or earn commissions for at least six (6) months after termination of their employment with Cresco Cloud FZCO.
The Platform and Platform Content are the property of Cresco Cloud FZCO or its licensors and are protected by copyright, trademark and other intellectual property laws, except as indicated below. Platform Content does not include User Contribution(s), as defined below. Cresco Cloud FZCO grants you a personal, royalty-free, non-assignable, revocable, and non-exclusive license to access and use the Platform Content while using the Platform for the purpose of making the Platform available to You and Your customers. Any other use, including the reproduction, modification, distribution, transmission, republication, framing, display or performance of Platform Content without prior permission of Cresco Cloud FZCO is strictly prohibited.
Cresco Cloud FZCO’s name, logo, or Marks (including but not limited to Cresco Cloud FZCO, SaasPrenuer, GoCresco Cloud FZCO, LeadConnector) are trademarks and service marks of Cresco Cloud FZCO and may not be used without advance written permission of Cresco Cloud FZCO, including but not limited to as part of any company name or domain name or in connection with any product or service that is not provided by Cresco Cloud FZCO, or in any manner that is likely to cause confusion, or in any manner that disparages, discredits, or misrepresents Cresco Cloud FZCO. Unless you are authorized to white label and resell access to the Platform, You may not remove any Cresco Cloud FZCO Marks, name or logo or other proprietary notices, including, without limitation, attribution information, credits, and copyright notices that have been placed on or near the Platform or Platform Content. Other products or company names mentioned on the Platform may be trademarks or service marks of their respective owners. Third-party websites may feature Cresco Cloud FZCO Marks, with or without authorization, and such usage of Cresco Cloud FZCO Marks does not constitute or imply any approval, sponsorship, or endorsement by Cresco Cloud FZCO. You will not (i) make any unauthorized representations, warranties or false, misleading or deceptive statements regarding Cresco Cloud FZCO, its Platform and Services (ii) include Cresco Cloud FZCO or any of its Services or the Platform in any of your comparative and/or marketing advertisements.
User Contributions are considered non-confidential and non-proprietary. You grant Cresco Cloud FZCO, our service providers and each of their licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose User Contributions to third parties for the sole purpose of fulfilling Cresco Cloud FZCO’s obligations under these Terms. Cresco Cloud FZCO is not responsible or liable to any third party for the content or accuracy of any User Contributions, nor do we endorse the User Contribution of third parties. Cresco Cloud FZCO is not responsible for any failure or delay in removing User Contributions that violate the Terms. Cresco Cloud FZCO reserves the right to delete or otherwise remove any User Contributions we deem to be in violation of these Terms, with or without notice, at any time, for any reason. You represent and warrant that: (i) You own or control all rights in and to the User Contributions and have the right to grant the license granted above; (ii) All of your User Contributions comply with these Terms; and (iii) You understand and acknowledge that you are responsible for the legality, reliability, accuracy and appropriateness of your User Contribution.
You are prohibited from posting User Contributions on the Platform that:
If you provide Feedback, you agree and acknowledge that your submission of Feedback is voluntary, non-confidential, and gratuitous, and Cresco Cloud FZCO and its affiliates have no obligation to use the Feedback. You grant Cresco Cloud FZCO and its designees a perpetual, irrevocable, non-exclusive, fully-paid-up, and royalty-free license to use any Feedback you submit to Cresco Cloud FZCO without restrictions or payment or other consideration of any kind, or permission or notification to you or any third party. The license includes, without limitation, the irrevocable right to reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, license the Feedback, and all rights therein, in the name of Cresco Cloud FZCO or its designees throughout the universe in perpetuity in any and all media now or hereafter known.
You hereby irrevocably release and forever discharge Cresco Cloud FZCO from any and all actions, causes of actions, claims, damages, liabilities and demands, whether absolute or contingent and of any nature whatsoever, which you now have or hereafter can, shall or may have against Cresco Cloud FZCO with respect to the Feedback, including without limitation how Cresco Cloud FZCO directly or indirectly uses the Feedback. You agree that you are responsible for the content of the Feedback and further agree (at Cresco Cloud FZCO's option and at your sole expense) to defend, indemnify, and hold Cresco Cloud FZCO harmless from any and all actions, claims, and liabilities, demands, whether absolute or contingent and of any nature whatsoever, damages, losses, costs, fees, fines, or expenses, including reasonable attorneys' fees, which Cresco Cloud FZCO may incur as a result of the use of the Feedback in accordance with these Terms.
To be effective, the notification must be in writing and contain the information below. DMCA Takedown Requests or Counter-Notices that do not comply with the following requirements will be rejected and not processed:
For DMCA Takedown Requests:
For Counter-Notices:
Cresco Cloud FZCO may access, collect, analyze, and use the data, information, or insights generated or derived from the provision, use and performance of the Platform, the Service and related software, programs, and technologies (“Usage Data”) in accordance with our Privacy Policy. Cresco Cloud FZCO owns all such Usage Data. If Cresco Cloud FZCO desires to disclose any Usage Data, then Cresco Cloud FZCO will anonymize all Usage Data in such disclosure and disclose such Usage Data in aggregate form only in a manner that does not identify You or your customers and would not permit a third party to identify You or your customers.
Cresco Cloud FZCO makes no guarantees that your business will be profitable and that you will make money using the Platform or the Services. Except as otherwise set forth in these Terms, Cresco Cloud FZCO is not providing any business opportunities with use of the Platform and/or Service.
The Platform is provided on an “as is” and “as available” basis without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. Your use of the Platform is at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system or loss of data that results from such activities. You agree that Cresco Cloud FZCO has no responsibility or liability for the deletion or failure to store any information or content maintained or transmitted on or through the Platform.
Without limiting the foregoing, we make no warranty that (a) the Platform will meet your requirements, (b) the Platform will be uninterrupted, timely, secure, or error-free, (c) the results that may be obtained from the use of the Platform will be effective, accurate or reliable, (d) certain features will be added to the Platform, or (e) the quality of the Platform will meet your expectations or be free from mistakes, errors, or defects.
You acknowledge that the internet and telecommunications providers’ networks are inherently insecure. Accordingly, you agree that Cresco Cloud FZCO is not liable for any changes to, interception of, or loss of your data while in transit via the internet or a telecommunications provider’s network.
Cresco Cloud FZCO makes no warranty regarding any transactions executed through a third party or third-party services, or in connection with the Platform, and you understand and agree that such transactions are conducted entirely at your OWN RISK. Any warranty that is provided in connection with any services or content available on or through the Platform from a third party or through third-party services is provided solely by such third party.
We reserve the sole right to either modify or discontinue the Platform, including any services or features therein, at any time with or without notice to you. We shall not be liable to you or any third party should we exercise such right. Modifications may include, but are not limited to, changes in the pricing structure and the addition of free or fee-based services. Any new features that augment or enhance the then-current services on this Platform shall also be subject to these Terms of Service.
Some states or jurisdictions do not allow the exclusion of certain warranties, so some of the above limitations may not apply to you. Please consult the laws in your jurisdiction.
Beta Products or Early Release Products. From time to time, you may have the option to participate in a program with Cresco Cloud FZCO where you get to use early release or beta products, features or documentation (collectively, “Beta Products”) offered by Cresco Cloud FZCO. The Beta Products are not generally available and are provided “as is” and as available exclusive of any warranty whatsoever. Cresco Cloud FZCO does not provide any indemnities, service level commitments or warranties, express or implied, including warranties of merchantability, title, non-infringement, and fitness for a particular purpose, in relation thereto. You or Cresco Cloud FZCO may terminate your access to the Beta Products at any time.
In no event shall Cresco Cloud FZCO be liable to you or any third party for any special, punitive, incidental, indirect, or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from malicious code, loss of use, data or profit loss, whether or not we have been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of the Platform or Third-Party Services or of any website referenced or linked to from the Platform.
Further, we shall not be liable in any way for Third-Party Services or disruptions thereof, or third-party promises and/or statements regarding our Platform services or content or for transactions with the third party through the Platform, including without limitation the processing of orders.
Some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply to you. Please consult the laws in your jurisdiction.
You agree to defend, indemnify, and hold Cresco Cloud FZCO harmless against all demands, claims, actions, proceedings, damages, liabilities, losses, fees, costs, or expenses (including without limitation reasonable attorneys’ fees and the costs of any investigation) directly or indirectly arising from or in any way connected with your use of the Platform (“Claims”), including, but not limited to:
If the Platform is found to violate any third-party intellectual property right, at our option we may:
Any cause of action or claim you may have arising out of or relating to these Terms or the Platform must be commenced within three (3) months after the event giving rise to the action or claim occurred, regardless of when you knew or should have known about it; otherwise, such cause of action or claim is permanently barred.
You agree that a breach of these Terms will cause irreparable injury to Cresco Cloud FZCO for which monetary damages would not be an adequate remedy, and Cresco Cloud FZCO shall be entitled to seek equitable relief, in addition to any remedies it may have hereunder or at law, without having to post a bond or other security.
No waiver by Cresco Cloud FZCO of a term or condition set forth in these Terms shall be deemed a continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of Cresco Cloud FZCO to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
Cresco Cloud FZCO may assign its rights under these Terms at any time, without notice to you. You may not assign your rights under these Terms without Cresco Cloud FZCO’s prior written consent, which may be withheld at Cresco Cloud FZCO’s sole discretion.
Except as noted below, these Terms constitute the sole and entire agreement between you and Cresco Cloud FZCO with respect to the Platform and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Platform. These Terms may not be altered, supplemented, or amended by the use of any other document(s) unless such document is signed by an authorized representative of Cresco Cloud FZCO.
Cresco Cloud FZCO may enter into a separate agreement with you. The terms of any separate agreement between you and Cresco Cloud FZCO will be considered a part of your entire agreement with Cresco Cloud FZCO. To the extent there is a conflict between these Terms and the terms of your separate agreement with Cresco Cloud FZCO, your separate agreement with Cresco Cloud FZCO will control.
These Terms will remain in full force and effect so long as you maintain a Platform Account. The sections of these Terms that are intended to survive termination of your Platform Account will remain binding even after you are no longer a Platform user.
You agree that Cresco Cloud FZCO, in its sole discretion, may suspend or terminate your access to the Platform (or any part thereof) for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs, or losses resulting therefrom. Any suspected fraudulent, abusive, or illegal activity may be grounds for barring your access to this Platform and reporting you to the proper authorities, if necessary. Cresco Cloud FZCO reserves the right to delete Platform Accounts that have remained inactive for ninety (90) days or more.
Upon termination and regardless of the reason(s) motivating such termination, your right to use the Platform will immediately cease. Cresco Cloud FZCO is not liable to you or any third party for any claims for damages arising out of any termination or suspension or any other actions taken by us with regards to your Platform access.
Cresco Cloud FZCO has limited access to subscriptions not directly purchased from us. Any user who has been given access to the Platform by any party other than Cresco Cloud FZCO must contact the party who originally provided access to the Platform for any inquiries related to termination.
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of the Platform or any associated product or service through the Platform arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to: labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.
The laws of the State of Texas will govern these Terms of Service and any disputes under them, without giving effect to any principles of conflicts of laws. These Terms may be translated into different languages—only the English version is valid and enforceable.
Any controversy or claim arising out of or relating to these Terms shall be exclusively settled by arbitration administered by the American Arbitration Association in accordance with Commercial Arbitration Rules, then in effect. This arbitration provision is governed by the Federal Arbitration Act. The arbitration proceedings shall be held in Dallas, Texas. Any arbitration award may be entered in a court of competent jurisdiction.
All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis. Claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.
All notices to a party shall be in writing and shall be made via email. Notices to Cresco Cloud FZCO must be sent to [email protected]. You agree to allow us to submit notices to you either through the email address you provided when registering, or to any address we have on record. Notices are effective on receipt.
Cresco Cloud FZCO may contact you regarding these Terms using any information you provide, or by any other means if you do not provide contact information. If you no longer wish to receive communications from Cresco Cloud FZCO, you can click on the “unsubscribe link” provided in such communications or contact us at [email protected].
When you create a Platform Account, you must designate a primary email address that will be used for receiving electronic communication related to these Terms. Cresco Cloud FZCO will never send you an email requesting confidential information such as account numbers, usernames, or passwords, and you should never respond to any email requesting such information. If you receive such an email purportedly from Cresco Cloud FZCO, do not respond to the email and notify Cresco Cloud FZCO by emailing us at [email protected].
For all other feedback, comments, requests for technical support, and other communications relating to the Platform or the Terms, please contact us at or by mail at:
“Communication Surcharges” means any applicable communications service or telecommunication provider (e.g., carrier) fees or surcharges related to your use of the Platform.
“Competitor” shall include, but not be limited to, any entity carrying on a business of marketing and sales platform, SaaS, any entity offering one or more services offered by the Platform, or any entity carrying on a business similar to the business of Cresco Cloud FZCO Inc. and its subsidiaries, as determined by Cresco Cloud FZCO in its sole discretion. For the avoidance of doubt, Cresco Cloud FZCO customers who white-label and resell the Platform are not Competitors.
“Feedback” means ideas You provide to Cresco Cloud FZCO regarding improvements, enhancements, new features, new products, or other concepts related to the Platform, Services, or other services, products, matters related to Cresco Cloud FZCO’s or its affiliates’ business. “Feedback” includes any ideas posted to Cresco Cloud FZCO’s ideaboard.
“Fees” means any fees associated with the Platform, including but not limited to the monthly subscription services fee and any fees associated with add-in Services that you may purchase.
"Cresco Cloud FZCO Marks” means the Cresco Cloud FZCO name and related logos and service marks of Cresco Cloud FZCO.
“Information” means data about You and Your customers that Cresco Cloud FZCO collects on the Platform, including but not limited to information required to create a Platform Account and use the Platform for the intended purpose.
“Login Credentials” means the username and password used to access your Platform Account, including API keys and access to third-party integrations used with the Platform.
“Materials” means Your trademarks, copyright content, any tangible products or services you sell through the Platform (including description and price), and any photos, images, videos, graphics, written content, audio files, code, information, or other data provided or made available by you or your affiliates to Cresco Cloud FZCO or its affiliates.
“Platform” means any Services, Training, content, functionality, communication channels, and software or other services or features offered to customers on or through Cresco Cloud FZCO’s website or mobile application.
“Platform Account” means the account you created in order to access and use the Platform.
“Platform Content” means content, data, features, and functionality, including but not limited to text, graphics, videos, logos, button icons, databases, music, sounds, images, or other material that can be viewed on the Platform. Platform Content does not include User Contributions.
“Prohibited Uses” means the behaviors described in Section 3.
“Services” means the variety of product integrations and services that Cresco Cloud FZCO makes available on the Platform. Services may include Third Party Services.
“Sub-Account” means a subscription for one business under a Platform Account.
“Third Party Content” means content, promotions or offers provided by third parties or links to external third-party websites that may be accessible on the Platform.
“Third Party Services” means third-party websites, databases, networks, servers, information, software, programs, systems, directories, applications, or products or services offered by a third party through the Cresco Cloud FZCO Platform. This includes but is not limited to applications downloaded from the Cresco Cloud FZCO Marketplace, integrations with third-party applications, or any functionality that is provided by a third party through the Platform.
“Training” means any training, information or suggested usages conveyed by Cresco Cloud FZCO about the Platform.
“User Contributions” means content or materials that you post, submit, upload, publish, display, or transmit on or through the Platform or to Cresco Cloud FZCO directly.
“You” or “you” or any derivatives thereof means the individual who accepted the Terms or the business entity that the individual represents. “You” also includes any and all agents, employees, or third parties that are authorized to act on your behalf.
The following are considered Prohibited Uses of the Platform. Engaging in a Prohibited Use is a material breach of these Terms for which Cresco Cloud FZCO may immediately suspend or terminate your Platform Account in accordance with these Terms:
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