Terms of Service

1. Definitions

Let's make sure we're on the same page about what certain terms mean:

"Service" or "Services" means Cultivate HQ, including our web application, AI processing, integrations, and any related features we provide.

"Customer," "you," or "your" means the person or company using our Services.

"Customer Data" means any data you input into the Service or that we collect on your behalf, including contact information, communications, and relationship data.

"AI Services" means our artificial intelligence and machine learning features that analyze your data to provide insights and suggestions.

2. Acceptance of Terms

Welcome to Cultivate HQ! By using our service, you're agreeing to these terms. Think of this as our agreement about how we work together. If you don't agree with these terms, please don't use our service.

3. Description of Service

Cultivate HQ is your relationship intelligence platform. We help you manage and nurture your professional and personal networks by providing AI-powered contact insights, integrating with your email and calendar, recording and analyzing voice memos, suggesting follow-ups, and tracking all your interactions in one place.

4. User Accounts and Authentication

You'll need to create an account to use Cultivate HQ, which you can do through secure third-party authentication services. You're responsible for keeping your account secure and for everything that happens with your account. Please provide accurate information when signing up and keep it updated.

5. Your Responsibilities

When you use Cultivate HQ, you agree to:

Keep your account secure: Use strong passwords, enable two-factor authentication when available, and don't share your login credentials.

Use the service legally: Only use Cultivate HQ for lawful purposes and in compliance with all applicable laws and regulations.

Respect others' rights: Don't upload or process data that infringes on others' intellectual property, privacy rights, or confidentiality.

Maintain data accuracy: Ensure that the contact and relationship data you input is accurate and you have the right to use it.

Pay your bills: Keep your payment information current and pay your subscription fees on time.

6. Subscription and Payment Terms

Cultivate HQ operates on a subscription model. We use secure third-party payment processors to handle billing. When you subscribe, you're agreeing to pay the subscription fees and any applicable taxes.

You can cancel your subscription anytime through your account settings. Subscription fees are generally non-refundable, but we'll follow applicable laws in your jurisdiction.

7. Data Usage and Processing

When you use Cultivate HQ, you're giving us permission to process your data to provide our services. This means we'll analyze your contact information and interactions using AI to generate insights and suggestions that help you manage your relationships better. We only use your data as described in our Privacy Policy and only to make the service work for you.

8. Acceptable Use Policy

Please use Cultivate HQ responsibly. Don't use our service for anything illegal or to harm others. This includes not uploading harmful content, trying to hack into our systems or other users' accounts, using the service to spam or harass people, or attempting to reverse engineer our software. Basically, be respectful and follow the law.

9. Intellectual Property Rights

We own Cultivate HQ - the software, features, and how everything works. Your data remains yours. When our AI generates insights and suggestions from your data, those are provided as part of our service to help you, but the underlying data is still yours.

10. Data Ownership

Your data is yours. You retain all rights to your Customer Data. By using our Service, you grant us a limited license to process your data solely to provide the Service to you. We can't use your data for any other purpose without your permission.

Our insights are part of the Service. While your underlying data remains yours, the AI-generated insights, suggestions, and analysis we provide are part of our Service offering.

11. Confidentiality

We understand that relationship data is sensitive. We'll treat your Customer Data as confidential information and won't disclose it to third parties except as necessary to provide the Service or as required by law. Similarly, if we share any confidential information with you about our Service, you agree to keep it confidential.

12. Third-Party Integrations

Cultivate HQ works with other services like email providers and social platforms. When you connect these services, you're also agreeing to their terms and privacy policies. We can't control how these other services work, so we're not responsible for any issues with them.

13. Service Availability and Modifications

We work hard to keep Cultivate HQ running smoothly, but like any online service, we can't promise it will be available 100% of the time. We may need to update, modify, or temporarily suspend the service for maintenance. If we ever need to make major changes or discontinue the service, we'll give you reasonable notice.

14. Warranties and Disclaimers

We provide Cultivate HQ "as-is" and "as available." While we work hard to make our service reliable and useful, we can't guarantee it will always work perfectly or meet all your needs.

To the maximum extent permitted by law, we disclaim all warranties, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We don't warrant that the Service will be uninterrupted, secure, or error-free.

15. Limitation of Liability

We limit our liability to protect both of us. To the maximum extent permitted by law, neither Cultivate HQ nor its suppliers will be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, data loss, or business interruption.

Our total liability for any claims under these terms won't exceed the amount you paid us in the twelve months before the claim arose. This limitation applies regardless of the legal theory behind the claim.

16. Indemnification

We'll have each other's backs. You agree to defend and indemnify us from claims arising from your use of the Service, your violation of these terms, or your infringement of others' rights. Similarly, we'll defend and indemnify you from claims that our Service infringes third-party intellectual property rights.

17. Termination

Either of us can end this relationship. You can cancel your subscription anytime through your account settings. We may suspend or terminate your account if you violate these terms or if we need to discontinue the Service.

Upon termination, your right to use the Service ends immediately. We'll provide you a reasonable opportunity to export your data unless we're terminating for cause.

18. Dispute Resolution

Let's try to work things out. If we have a dispute, we'll first try to resolve it informally. Contact us at legal@cultivatehq.com and we'll work with you to find a solution.

If we can't resolve things informally, any disputes will be resolved through binding arbitration in accordance with the American Arbitration Association rules. The arbitration will be conducted in Delaware, and judgment on the award may be entered in any court having jurisdiction.

19. Governing Law

These terms are governed by Delaware law, without regard to conflict of law principles. Any legal action related to these terms must be filed in the state or federal courts located in Delaware.

20. Export Controls

Our Service may be subject to U.S. export control laws. You agree not to export or re-export our Service to any country, person, or entity restricted by U.S. export laws.

21. Beta Features

We may offer beta features that are still in development. These features are provided "as-is" without any warranties, and we may modify or discontinue them at any time. Your use of beta features is at your own risk.

22. Feedback and Suggestions

We love hearing your ideas! If you provide feedback or suggestions about our Service, you grant us the right to use them without any obligation to compensate you. This helps us improve Cultivate HQ for everyone.

23. Entire Agreement

These Terms, along with our Privacy Policy, constitute the entire agreement between you and Cultivate HQ. They supersede any prior agreements or understandings.

24. Changes to Terms

We may need to update these terms from time to time. When we make significant changes, we'll let you know by updating this page and changing the "last updated" date at the top. For major changes, we'll do our best to give you additional notice.

25. Contact Information

Have questions about these terms? We're here to help! You can reach us at: legal@cultivatehq.com