Terms of Service

These terms are an agreement between you and CRUSTOMER LLC ("Crustomer", "we", "us") for the use of Crustomer. If you use Crustomer for a business, you accept them for that business and confirm you're allowed to. Our Privacy Policy explains how we handle information. If you have a separate signed agreement with us, it takes priority where the two differ.

The service

Crustomer lets small local businesses manage leads, contacts, bookings, events, projects, invoices and Instagram direct messages, send email and text campaigns, and host a public website. We may improve, change or add features over time. If we remove something important you pay for, we'll give reasonable notice.

Accounts and teams

• You must be 18 or older and give accurate information.
• Keep your login secure. You're responsible for what happens under your account.
• Organization owners and admins control who has access. They're responsible for their team members' use of Crustomer.

Your content

You keep ownership of what you put into Crustomer: contacts, messages, events, invoices, files and your site's content. You give us permission to host, process and display it as needed to run Crustomer for you. You also let us create aggregate, de-identified statistics from it, as described in our Privacy Policy. These never include Instagram or Google data and can't identify you or your contacts. You're responsible for having the right to use your content, including permission to store and contact the people in your lists.

Partner offers: if you add Crustomer's optional partner-offers checkbox to your forms, contacts who check it agree to hear from Crustomer and participating partners, as described in the Privacy Policy. Contacts who don't check it are never included. You can remove the checkbox from your forms at any time.

Email and text messaging

Crustomer lets you send marketing emails and text messages to your contacts. When you do, your business is the sender: you choose the content, the recipients and the timing, and you start each send. Crustomer delivers the messages on your instructions as your technology provider and doesn't decide what you send or to whom. You agree to:

• send only to people who gave the consent the law requires (for marketing texts, prior express written consent), and keep records of that consent;
• follow our Messaging Policy, which is part of these terms, and every law and carrier or provider rule that applies to your messages, including the TCPA, the Florida Telephone Solicitation Act and other state laws, and the CAN-SPAM Act;
• never import or message bought, rented or scraped lists;
• honor opt-outs immediately and never re-add people who opted out;
• give accurate information for carrier registration.

Before each blast you'll confirm that everyone on the list agreed to hear from you. We keep that confirmation, along with consent and opt-out records. We may pause your messaging automatically when complaints, bounces or opt-outs pass safe levels, or when a carrier, provider or legal complaint requires it.

AI features

Some features use AI to sort conversations, read screenshots, draft replies for you to edit, or send a short acknowledgment in your Instagram welcome flow. AI output can be wrong. It's set up never to state prices, refunds, discounts, dates or promises, or give medical, legal or financial advice, but you're responsible for what your business sends and for checking anything you rely on. Don't use AI features to make promises to customers.

Instagram and other connected services

• Crustomer connects to Instagram only through Meta's official API and login. We never ask for your Instagram password.
• When you connect Instagram, you must also follow Meta's terms, Instagram's Terms of Use and Community Guidelines. Crustomer only sends messages that Meta's rules allow, such as replies within the messaging window. Outreach to people who haven't messaged you is sent by you, from Instagram, one by one.
• You may not use Crustomer to send spam, bulk unsolicited messages, or anything that breaks Meta's, Google's or Stripe's rules.
• You're responsible for getting any consent the law requires before texting, emailing or messaging people, and for honoring opt-outs.
• Connected services are run by their providers. We aren't responsible for their outages or for changes they make.

Acceptable use

Don't use Crustomer to:

• break the law or infringe anyone's rights;
• harass people, or collect data you're not allowed to;
• upload malware, or probe, overload or get around the service's security;
• access another organization's data, or resell Crustomer without our written permission.

We may suspend accounts that put other Customers, their Contacts or the service at risk.

Copyright

Only upload photos, logos, text and other content you own or have permission to use. We respond to copyright notices under the Digital Millennium Copyright Act as described in our Copyright (DMCA) Policy, which names our designated agent. We may remove content that's reported as infringing, and we close the accounts of repeat infringers.

Fees and payment

• There's no free trial. Your plan, any setup fee and any extra teammates are billed when you sign up, and your plan renews each month or year until you cancel.
• If a payment fails, your organization is locked until it's paid. Your data is kept, and access comes back as soon as the payment goes through.
• Fees are shown when you subscribe or agreed in writing for custom plans. They're billed in advance, and taxes are added where required.
• When you send invoices through Crustomer, you're the seller. Payments go to your own Stripe account and follow Stripe's terms.
• You can cancel any time; your plan runs to the end of the paid period. Except where the law requires, fees already paid aren't refunded.

Ending the service

You can stop using Crustomer at any time. We may end or suspend access for serious or repeated breaches of these terms, or for non-payment. We'll give notice when we reasonably can. After an account ends, you have 30 days to export your data. After that, it's deleted as described in the Privacy Policy.

Disclaimers

Crustomer is provided "as is". We work to keep it available and accurate, but we don't promise it will be uninterrupted or error-free. Automated suggestions (such as how a conversation was sorted) may be wrong, so review them before relying on them. To the extent the law allows, we disclaim implied warranties, including merchantability and fitness for a particular purpose.

Limitation of liability

To the extent the law allows, neither side is liable for indirect, incidental, special or consequential damages, or for lost profits or data. Our total liability for any claim is limited to what you paid us in the 12 months before the claim. This limit doesn't apply to your indemnity obligations or to amounts you owe for the service.

Indemnity

You'll defend, indemnify and hold harmless Crustomer and its members, officers and contractors from any claim, fine, penalty, settlement or cost (including reasonable attorneys' fees) arising from your content, the messages you send through Crustomer (including claims under the TCPA, the Florida Telephone Solicitation Act or other telemarketing, texting or email laws), your contacts' data, or your breach of these terms, the Messaging Policy or a connected service's rules.

Changes to these terms

We may update these terms. We'll post the new version here, and for significant changes we'll notify you in advance. Continuing to use Crustomer after changes take effect means you accept them.

Governing law

These terms are governed by the laws of the State of Florida, without regard to its conflict-of-laws rules. Disputes will be resolved in the state or federal courts located in Florida.

Contact

CRUSTOMER LLC
575 NE 5th Terrace, Apt 140, Fort Lauderdale, FL 33301
privacy@crustomer.us