Customers.AI Free Trial Terms & Conditions of Service

Effective Date: June 1, 2025

Including Free Trial Terms | Abridged Service Agreement

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING OR USING THE CUSTOMERS.AI PLATFORM. BY CREATING AN ACCOUNT, OR USING THE SERVICE IN ANY MANNER — INCLUDING DURING A FREE TRIAL — YOU AGREE TO BE BOUND BY THESE TERMS.

These Terms & Conditions (“Terms”) constitute a legally binding agreement between you or the entity you represent (“Customer,” “you,” or “your”) and Customers.ai, Inc. (“Customers.ai,” “we,” “us,” or “our”). These Terms govern your access to and use of the Customers.ai platform, including all features, tools, integrations, dashboards, APIs, and content made available by Customers.ai (collectively, the “Service”).

This document is an abridged summary of our Master Service Agreement (“MSA”) for Free Trials. Customers on paid plans may be subject to additional terms set forth in an executed MSA or Order Form, which shall supersede these Terms where they conflict.

  1. Acceptance of Terms

By accessing the Service, you represent that: (i) you are at least 18 years of age or the age of legal majority in your jurisdiction; (ii) you have the authority to enter into these Terms on behalf of yourself or any entity you represent; and (iii) your use of the Service complies with all applicable laws and regulations.

We reserve the right to update or modify these Terms at any time. Continued use of the Service following notice of changes constitutes acceptance of the revised Terms. Material changes will be communicated by email or in-platform notification.

  1. Free Trial

2.1 Trial Eligibility & Access

Customers.ai may offer a free trial period (“Trial”) at its sole discretion. The Trial provides limited access to the Service for evaluation purposes only. Trial eligibility, duration, and feature scope are subject to change without notice.

One free trial per individual or legal entity. Creating multiple accounts to circumvent Trial limitations is a material breach of these Terms and may result in immediate termination of all associated accounts.

2.2 Trial Limitations

During the Trial period:

  • Access is provided on an “AS IS” and “AS AVAILABLE” basis with no service level commitments
  • Certain features, integrations, or data volumes may be restricted or unavailable
  • Customers.ai reserves the right to suspend or terminate the Trial at any time without notice or liability
  • Data generated during the Trial may not be retained after Trial expiration unless you upgrade to a paid plan

2.3 Conversion to Paid Plan

At the end of the Trial, continued access requires upgrading to a paid subscription. If you do not upgrade, access to the Service and your Trial data may be immediately revoked. Customers.ai is not responsible for any loss of Trial data following expiration.

  1. License Grant & Restrictions

3.1 Limited License

Subject to these Terms and timely payment of applicable fees, Customers.ai grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service solely for your internal business purposes during the applicable subscription term.

3.2 Restrictions

You may not, and may not permit any third party to:

  • Resell, sublicense, or make the Service available to any third party
  • Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Service
  • Modify, translate, or create derivative works based on the Service
  • Remove or obscure any proprietary notices or labels on the Service
  • Use the Service to develop a competing product or service
  • Use the Service to transmit unlawful, harmful, or spam content
  • Circumvent or disable any security or access control features
  1. USE AT YOUR OWN RISK

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CUSTOMERS.AI EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Without limiting the foregoing, Customers.ai does not warrant that:

  • The Service will meet your specific requirements or expectations
  • The Service will be uninterrupted, timely, secure, or error-free
  • Results obtained from the Service will be accurate, reliable, or complete
  • Any errors or defects in the Service will be corrected
  • The Service is free from viruses or other harmful components

You acknowledge that you have independently evaluated the suitability of the Service for your intended use and do not rely on any representation or warranty from Customers.ai beyond what is expressly stated in these Terms.

  1. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

5.1 Exclusion of Consequential Damages

IN NO EVENT SHALL CUSTOMERS.AI, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS OPPORTUNITIES, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF (OR INABILITY TO USE) THE SERVICE, EVEN IF CUSTOMERS.AI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

5.2 Cap on Liability

CUSTOMERS.AI’S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS, WHETHER IN CONTRACT, TORT, OR UNDER ANY OTHER THEORY OF LIABILITY, SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL FEES PAID BY YOU TO CUSTOMERS.AI IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED U.S. DOLLARS ($100).

FOR CUSTOMERS IN A FREE TRIAL, CUSTOMERS.AI’S TOTAL LIABILITY SHALL NOT EXCEED $0, AS THE SERVICE IS PROVIDED AT NO CHARGE.

5.3 Basis of Bargain

You acknowledge that the limitations of liability in this Section reflect a reasonable allocation of risk and form an essential basis of the bargain between the parties. Customers.ai would not provide the Service without these limitations.

  1. Indemnification

You agree to indemnify, defend, and hold harmless Customers.ai and its affiliates, officers, directors, employees, contractors, agents, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys’ fees) arising out of or relating to:

  • Your violation of these Terms
  • Your use or misuse of the Service
  • Your Customer Data (as defined in Section 7)
  • Your violation of any third-party rights, including intellectual property rights or privacy rights
  • Your violation of any applicable law or regulation
  1. Data & Privacy

7.1 Customer Data

“Customer Data” means any data, content, or information that you submit to or through the Service. You retain all ownership rights in your Customer Data. You grant Customers.ai a worldwide, royalty-free license to host, store, process, and transmit Customer Data solely to the extent necessary to provide the Service and as described in our Privacy Policy.

7.2 Data Processing

You are solely responsible for the accuracy, legality, and integrity of all Customer Data. You represent and warrant that you have obtained all necessary rights, consents, and permissions required to submit Customer Data to the Service and to permit Customers.ai to process it as contemplated by these Terms.

7.3 Privacy Policy

Your use of the Service is also governed by our Privacy Policy, available at customers.ai/privacy, which is incorporated into these Terms by reference. By using the Service, you consent to the collection and use of data as described therein.

  1. Intellectual Property

Customers.ai and its licensors retain all right, title, and interest in and to the Service, including all underlying technology, algorithms, software, documentation, and related intellectual property. Nothing in these Terms transfers any ownership rights to you.

This obligation does not apply to information that: (a) is or becomes publicly known without breach; (b) was already known to the receiving party; (c) is received from a third party without restriction; or (d) is required to be disclosed by law or court order, provided prompt written notice is given where permitted.

  1. Confidentiality

Each party agrees to maintain the confidentiality of the other party’s non-public business, technical, financial, or other proprietary information disclosed in connection with the Service (“Confidential Information”) and not to disclose or use it except as necessary to fulfill obligations under these Terms.

This obligation does not apply to information that: (a) is or becomes publicly known without breach; (b) was already known to the receiving party; (c) is received from a third party without restriction; or (d) is required to be disclosed by law or court order, provided prompt written notice is given where permitted.

  1. Term & Termination

10.1 Term

These Terms commence on the date you first access the Service and continue until terminated. For paid subscriptions, the term is as specified in the applicable Order Form or plan selection.

10.2 Termination for Cause

Either party may terminate these Terms immediately upon written notice if the other party materially breaches these Terms and fails to cure such breach within thirty (30) days of written notice (or immediately for breaches that cannot be cured, including unauthorized use, violation of applicable law, or non-payment).

10.3 Effect of Termination

Upon termination: (i) all licenses granted herein immediately cease; (ii) you must stop using the Service and delete any local copies; (iii) Customers.ai may delete your account and Customer Data after a reasonable retention period. Sections 4, 5, 6, 8, 9, and 11 survive termination.

  1. General Provisions

11.1 Governing Law & Dispute Resolution

These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles. Any disputes shall be resolved by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The seat of arbitration shall be Chicago, Illinois. Notwithstanding the foregoing, either party may seek injunctive or equitable relief in a court of competent jurisdiction.

11.2 Class Action Waiver

YOU AND CUSTOMERS.AI 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 ACTION.

11.3 Entire Agreement

These Terms, together with our Privacy Policy and any executed Order Forms or MSA, constitute the entire agreement between you and Customers.ai regarding the Service. In the event of a conflict between these Terms and an executed MSA, the MSA shall prevail.

11.4 Severability & Waiver

If any provision of these Terms is found unenforceable, it will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in full force. Failure to enforce any right under these Terms does not constitute a waiver.

11.5 Force Majeure

Customers.ai is not liable for any failure or delay in performance resulting from causes beyond its reasonable control, including acts of God, internet outages, cyberattacks, governmental actions, or other force majeure events.

11.6 Assignment

You may not assign these Terms or any rights hereunder without Customers.ai’s prior written consent. Customers.ai may assign these Terms in connection with a merger, acquisition, or sale of assets.

11.7 Notices

Legal notices to Customers.ai should be sent to: legal@customers.ai. Notices to you will be sent to the email address associated with your account.

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