These Terms of Service ("Terms" or "Agreement") constitute a legally binding contract between Lucrative AI Inc., a Delaware corporation ("Lucrative," "we," "us," or "our") and the entity or person agreeing to these Terms ("Customer," "you," or "your"). This Agreement governs your access to and use of the Lucrative CRM, marketing automation tools, telephony systems, APIs, and related services (collectively, the "Services").
By clicking "I Agree," executing an Order Form, or using the Services, you represent that you have the authority to bind your organization to these Terms.
1. License Grant & Restrictions
1.1 Access Right: Subject to your compliance with these Terms and payment of all applicable fees, Lucrative grants you a limited, non-exclusive, non-transferable, and revocable right to access and use the Services for your internal business purposes.
1.2 Restrictions: You shall not, directly or indirectly: (a) reverse engineer, decompile, or disassemble any part of the Services; (b) copy, modify, or create derivative works of the Services; (c) resell, sublicense, or share your access credentials; (d) use the Services to build a competitive product; (e) perform any vulnerability or penetration testing on the Services without Lucrative's prior written consent; or (f) use the Services in violation of our Acceptable Use Policy (AUP).
2. Subscription, Billing, and Payment Terms
2.1 Fees: All Services are billed in advance on a subscription basis. You agree to provide a valid, authorized payment method. You authorize Lucrative or our third-party payment processors (e.g., Stripe) to automatically charge your payment method on a recurring basis.
2.2 Trials & Refunds: Where a 14-day trial is offered, its eligibility, included features, payment requirements, and conversion terms are shown during signup or in the applicable order. Charges begin only as disclosed and authorized. Except where required by law or stated in an order, paid subscription fees are non-refundable and we do not provide prorated refunds for partial months, downgrades, or mid-cycle cancellations.
2.3 Taxes: Fees are exclusive of all taxes, levies, or duties. You are responsible for paying all applicable taxes associated with your purchases.
2.4 Late Payments & Suspension: If a payment fails or is past due by more than five (5) days, Lucrative reserves the right to suspend your access to the Services until all dues are settled, including late fees assessed at 1.5% per week or the maximum rate permitted by law.
3. Customer Data & Intellectual Property
3.1 Ownership of Customer Data: You retain all right, title, and interest in and to the data, contacts, and materials you upload into the Services ("Customer Data"). You grant Lucrative a global, royalty-free, non-exclusive license to host, copy, process, and display Customer Data strictly to provide the Services to you.
3.2 Data Retention & Destruction: Upon cancellation or termination of your account, Lucrative will retain your Customer Data in a secure, dormant state for exactly thirty (30) days to allow you to export your data. Upon the expiration of this 30-day period, Lucrative will permanently and irretrievably delete your Customer Data. We are not liable for any data loss resulting from your failure to export data within this window.
3.3 Lucrative Intellectual Property: Lucrative retains all right, title, and interest (including all patents, copyrights, and trademarks) in the Services, underlying software, and aggregated metadata.
3.4 Regulated Data (HIPAA & GLBA): You agree not to upload, store, or transmit any "Protected Health Information" (PHI) as defined by the Health Insurance Portability and Accountability Act (HIPAA), or "Non-Public Personal Information" (NPI) as defined by the Gramm-Leach-Bliley Act (GLBA), into the Services unless you have entered into a separate, written Business Associate Agreement (BAA) or specific regulatory addendum with Lucrative AI Inc.
If you require a BAA, you must contact security@lucrative.ai to upgrade to an Enterprise compliance tier prior to uploading regulated data. Lucrative AI Inc. assumes no liability under HIPAA, GLBA, or other sector-specific data security laws for data uploaded in violation of this section.
4. Indemnification
4.1 Customer Indemnification: You agree to defend, indemnify, and hold harmless Lucrative, its officers, directors, employees, and affiliates from and against any third-party claims, lawsuits, regulatory fines, or damages arising out of: (a) your breach of these Terms, the AUP, or the AI & Telephony Policy; (b) your Customer Data violating the intellectual property or privacy rights of a third party; or (c) your violation of applicable laws (including CAN-SPAM, TCPA, or GDPR).
5. Disclaimer of Warranties
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, LUCRATIVE AI INC. EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE FROM CYBERATTACKS.
6. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL LUCRATIVE AI INC. BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, GOODWILL, DATA, OR BUSINESS INTERRUPTION, REGARDLESS OF THE LEGAL THEORY ASSERTED. IN NO EVENT SHALL LUCRATIVE'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE TOTAL AMOUNTS ACTUALLY PAID BY YOU TO LUCRATIVE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
7. Dispute Resolution & Binding Arbitration
7.1 Arbitration: Any dispute, controversy, or claim arising out of or relating to these Terms shall be settled by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. The arbitration shall take place in Wilmington, Delaware.
7.2 Class Action Waiver: YOU AND LUCRATIVE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.