Terms & Conditions

We are happy to have you here at Clientell AI!

These Terms of Use applies to www.getclientell.com, app.clientell.ai and related domains/subdomains, owned by Tower22, Inc. (Delaware corporation) and its affiliates, referred to as “the Company,” “Clientell,” “we,” “us,” and “our.”

By accessing, browsing, or using the Platform or clicking “I agree to the Terms of Use,” users acknowledge they have read and agreed to be bound by these Terms. Users who disagree must immediately discontinue use.

The Company provides “AI-powered revenue intelligence, analytics, and Salesforce metadata analysis, documentation, and assistance with development and maintenance of Salesforce tasks (both analytical and administrative) and such other services as available on the Platform” (referred to as “Service”).

Users should read all linked information, including the Privacy Policy and Data Processing Addendum, which are incorporated by reference.

Users must comply with these Terms, Privacy Policy, DPA, and any other agreements with the Company. In case of conflict between this Terms and such agreement that you may enter into with the Company, the interpretation placed by the Company shall be final and binding on you.

Service breaches result in immediate access termination. The Company reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms, at any time without any prior written notice to you.

Users remain responsible for reviewing Terms updates periodically. Continued Platform use indicates acceptance of revisions.

As long as you comply with these Terms of Use, the Company grants you a personal, non-exclusive, non-transferable, limited right to access and use the Platform.

1. Eligibility and Acceptance of Terms

1.1 Eligibility to Use the Platform

Users must meet all following criteria:

• Be at least 16 years old or reach the age of majority in their jurisdiction (whichever is higher)
• Possess full legal capacity and authority to bind themselves or their organization to these Terms
• Not be barred from using Services under applicable laws, including U.S. law or laws in their operating jurisdiction
• Access the Platform solely via valid, authorized Salesforce account

1.2 Use on Behalf of an Organization

If you are accessing or using the Platform on behalf of a company, entity, or organization, you represent and warrant that you are an authorized representative of such entity with the authority to bind it to these Terms. References to “you” and “your” extend to such entities.

1.3 Binding Agreement

By accessing, browsing, integrating with, or using the Platform, you acknowledge and agree that you have read, understood, and are bound by these Terms, our Privacy Policy, and our DPA, which are incorporated herein by reference. Users unable to agree cannot access the Platform or Services.

1.4 Ongoing Compliance

Users must continuously comply with these Terms and all applicable local, state, national, and international laws and regulations. Users agree to cooperate fully in investigations of suspected Term violations or legal breaches.

1.5 Right to Refuse Access

Clientell reserves the right, at its sole discretion, to deny access to the Platform or terminate Services to any person or organization who does not comply with these Terms or who poses a risk to the integrity, security, or lawful operation of the Platform.

2. Access to Services via Salesforce

2.1 Salesforce Integration Requirement

In order to access and use the Services provided by the Platform, you are required to authenticate and connect your valid Salesforce account. The Platform requires Salesforce integration and does not support independent user accounts. Without this integration, Services remain unavailable.

2.2 Authorization to Access Salesforce Data

By logging into your Salesforce account through the Platform and authorizing access, you grant the Company permission to retrieve, access, and process certain data stored in your Salesforce instance, including but not limited to customer records, sales pipeline data, opportunity stages, communication logs, and associated metadata (“Salesforce Data”). The scope of accessed data is limited to what is necessary for contracted Services.

2.3 Security and Privacy of Salesforce Credentials

The Platform does not store your Salesforce login credentials. Authentication uses OAuth or equivalent authorized Salesforce protocols. All data transferred between Salesforce and the Platform uses industry-standard encryption.

2.4 Revocation of Access

Users may revoke Platform access to Salesforce accounts anytime via Salesforce settings. However, revocation may result in Service suspension or inability.

2.5 Responsibility for Salesforce Account

Users are solely responsible for Salesforce account security and Salesforce Terms compliance. The Company shall not be liable for any unauthorized access to your Salesforce account caused by your actions, omissions, negligence or failure to maintain appropriate security controls.

2.6 No Affiliation with Salesforce

The Platform is developed and offered independently by the Company and is not affiliated with, endorsed by, or certified by Salesforce, Inc. Salesforce is a Salesforce, Inc. registered trademark. Salesforce use is governed by users' separate Salesforce agreements.

2.7 Retention and Deletion of Salesforce Data

The Platform does not store Salesforce Data beyond the duration necessary to perform the Services, unless otherwise required by applicable law or expressly agreed in a separate Data Processing Addendum. Upon Service termination, Salesforce Data is promptly deleted per the Privacy Policy and DPA.

3. Use of the Platform

3.1 Prohibited Content

Users agree not to host, display, upload, modify, publish, transmit, update, or share information that:

• 3.1.1. Belongs to another person or entity without rights to it
• 3.1.2. Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, sexually-explicit, paedophilic, libellous, invasive of another person's privacy, hateful or racially or ethnically objectionable, sensational, gory, depicting violence or threats of violence, or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever
• 3.1.3. Could be interpreted as divisive/stereotyping or hateful
• 3.1.4. Is misleading in any way
• 3.1.5. Involves transmission of “junk mail,” “chain letters,” unsolicited mass mailing, or “spamming”
• 3.1.6. Attempts to reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Platform
• 3.1.7. Infringes third-party rights, including intellectual property, privacy, or publicity rights
• 3.1.8. Provides instructional information about illegal activities, such as privacy violations or computer virus creation
• 3.1.9. Provides information about illegal, unsafe, or inappropriate products/services/content that exploit, mislead, or exert undue pressure on targeted age groups
• 3.1.10. Attempts unauthorized Platform access, exceeds authorized access scope, solicits passwords, or requests personally identifying information for commercial/unlawful purposes
• 3.1.11. Engages in commercial activities without prior Company written consent
• 3.1.12. Exploits controversial political or social issues for commercial purposes
• 3.1.13. Interferes with another user's Platform use
• 3.1.14. References websites/URLs containing inappropriate material or content violating these Terms
• 3.1.15. Deceives addressees about message origin or communicates grossly offensive/menacing information
• 3.1.16. Communicates fake, inaccurate or misleading information including fake inaccurate or misleading news or facts
• 3.1.17. Uses the Platform to access, download, or store unlawfully accessible Salesforce Data
• 3.1.18. Is prohibited under the Privacy Policy, DPA, or applicable laws
• 3.1.19. Contains software viruses or computer code designed to interrupt, destroy, or limit computer resource functionality
• 3.1.20. Contains trojan horses, worms, or programming routines that may damage systems, data, or steal personal information

3.2 User Responsibilities

The user agrees and acknowledges that (a) the user shall not use the Platform for any illegal or unauthorized purpose; and (b) the user's use of information or materials on the Platform is entirely at the user's own risk, for which the Company shall not be liable. Users must comply with all applicable laws, rules, and regulations.

3.3 Monitoring Rights

The Company shall have the right, but not the obligation, to monitor access to or use of the Platform to ensure the user's compliance with these Terms or applicable laws or other legal requirements, at its sole discretion.

4. User Reviews

4.1 User Feedback Definition

Users or their employees, contractors, agents, or end users may send feedback, comments, suggestions, or questions about the Platform and Services to the Company directly, on the website, or via third-party platforms like search engines. This feedback (ratings, comments, suggestions, ideas, know-how, concepts, enhancements, recommendations, or related information) is collectively called “User Feedback.” The Company may, at its discretion, choose to publish such User Feedback as it may deem fit.

4.2 User Feedback License

Users hereby grant the Company a perpetual, worldwide, royalty-free, and sub-licensable right and license to use, copy, distribute, display, publish, and transmit the User Feedback, including success stories and related photos, on the Platform or any other marketing channels the Company may choose, including but not limited to websites, social media platforms (LinkedIn, Instagram, Facebook, X), print, or other promotional materials.

4.3 Ownership and Use of User Feedback

You acknowledge and agree that Clientell shall own all rights, title, and interest in and to such User Feedback, including any associated intellectual property rights. The Company may use, modify, develop, or implement User Feedback for any purpose without attribution, financial compensation, or reimbursement obligations. You hereby unconditionally and irrevocably assign to Company, and agree to cause your employees, contractors, agents, and end users to assign, all rights, title, and interest in and to any User Feedback, including associated intellectual property rights.

5. Content and Intellectual Property Rights

5.1 Company Ownership

The Company solely and exclusively owns copyrights, trademarks, service marks, logos, trade names, and other intellectual and proprietary rights associated with the Platform, Company's products and Services provided on the Platform and contents and the same is protected under applicable law.

5.2 Platform Content Definition

All materials, content, software, technology, designs, information, documentation, text, graphics, interfaces, logos, audio, video, data compilations, source code, algorithms, underlying architecture, analytics, features, functionalities, and other elements made available by the Company on or through the Platform (collectively, “Platform Content”) are the exclusive property of the Company or its licensors and are protected by applicable intellectual property laws, including copyright, trademark, trade secret, and patent laws.

5.3 Use of User Inputs for AI Training

By using the Platform, you acknowledge and agree that the Company may use the inputs you provide including but not limited to prompts, queries, and feedback for the purposes of product development, service enhancement, and to improve the performance of our systems, including through automated learning and AI model training.

This use helps refine user experience, optimize Platform features, and develop new functionalities. Where technically feasible, inputs used for these purposes are anonymized or aggregated to protect privacy. You further agree that any enhancements, improvements, learnings, models, or derivative works generated from such use shall be the sole and exclusive intellectual property of the Company, and you shall have no claim to any rights, title, or interest therein.

5.4 Limited User Rights

Through the user's use of the Platform, by no means are any rights impliedly or expressly granted to the user in respect of such products/Services, Platform Contents, and any enhancements, modifications, learnings, models, improvements, or derivative works thereof, including all intellectual property rights therein. The Company reserves the right to modify Services and Platform Content at its sole discretion.

5.5 Protection of Proprietary Rights

The user hereby acknowledges that the Platform, its Platform Contents and the Services constitute original works and have been developed, compiled, prepared, revised, selected, and arranged by the Company and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of the Company and such others. Users must protect Company proprietary rights during and after these Terms. Users may download Platform material only for personal use without commercial purposes, and must retain copyright notices.

5.6 Infringement Consequences

Any infringement shall lead to appropriate legal proceedings against the user at appropriate forum for seeking all available remedies under applicable laws of the country.

5.7 User Content Ownership

You retain ownership of all data, content, records, and materials that you input, upload, or transmit to the Platform through your Salesforce account or otherwise including Salesforce Data (collectively, “User Content”).

5.8 Company License to User Content

The Company does not claim ownership over your Salesforce Data or any User Content. By using the Platform, users grant the Company a limited, non-exclusive, royalty-free, worldwide, revocable license to access, use, process, store, and display content solely for Service provision and Platform functionality improvement. This license extends only for Service duration and as required by applicable law or contractual terms (including the DPA).

5.9 User Content Representations and Warranties

Users represent and warrant that:

• (i) They possess all necessary rights, licenses, and permissions to share and distribute User Content
• (ii) User Content does not infringe third-party rights (copyrights, trademarks, privacy rights, or other intellectual property)
• (iii) User Content does not contain illegal, defamatory, obscene, or harmful material
• (iv) User Content does not violate Terms, Privacy Policy, or Platform policies
• (v) They are solely responsible for all created, uploaded, shared, or transmitted User Content on the Platform

The Company is not responsible for legal claims, damages, or liabilities arising from User Content.

5.10 License Revocation

This license is revocable when users delete User Content from the Platform, except:

• 5.10.1. If retention is required by legal, regulatory, or compliance obligations
• 5.10.2. If the User Content is stored in backups, deleted per the data retention policy

6. Third-Party Services

6.1 Salesforce Integration for Services Access

The Platform enables you to access and use the Services by connecting your existing Salesforce account. By connecting, users grant the Company the right to access, retrieve, and use information and data from their Salesforce account as necessary for Services provision, subject to the DPA and these Terms.

6.2 Separate Salesforce Agreement

Your access to and use of Salesforce is governed by your separate agreement with Salesforce, Inc., and the Company has no responsibility for the terms, policies, practices, availability, security, or performance of Salesforce's services or platforms. Users are solely responsible for maintaining active, valid Salesforce accounts to use Platform Services.

6.3 Third-Party Services Definition

The Platform may contain links to, integrations with, or functionality that interoperate with third-party websites, tools, content, products, and services (collectively, “Third-Party Services”), which are not owned or controlled by the Company. Examples include analytics tools, communication interfaces, payment gateways, or cloud platforms.

6.4 No Endorsement

The Company does not endorse or assume any responsibility for any Third-Party Services, including their accuracy, availability, data security, or practices. Third-Party Services use is governed by respective providers' terms and privacy policies.

6.5 Disclaimer of Liability

The Company disclaims all liability and responsibility for any loss, damage, claims, or disputes that may arise from your use of or reliance on any Third-Party Services. Users acknowledge the Company is not liable for third-party provider acts/omissions or for disruption, delay, inaccuracy, or functionality failure from such services, including data loss, corruption, or unauthorized disclosure.

6.6 Review Third-Party Terms

Before enabling any sharing functions to communicate with any third party website or otherwise visiting any such website, the Company strongly recommends that the user reviews and understands the terms and conditions, privacy policies, settings, and information sharing functions of each such third party website.

6.7 User Compliance Responsibility

You are solely responsible for ensuring that your use of any Third-Party Services, including your Salesforce account and any data processed through such services, complies with all applicable laws, regulations, and contractual obligations, including those related to data privacy, intellectual property, and security.

7. Disclaimer of Warranties

The Platform is dependent on the functionality and availability of Salesforce and other third-party systems for integration and service delivery. The Company does not control and is not responsible for any downtime, performance issues, or data-related matters arising from your Salesforce account or Salesforce's services, infrastructure, or policies.

The Company does not make any representation or warranty regarding Salesforce's products, services, or APIs, and you are solely responsible for compliance with your agreements with Salesforce or other third-party service providers.

Clientell does not store any Salesforce Data persistently. The Platform only accesses data temporarily during active user sessions for the limited purpose of delivering its Services.

While the Company takes reasonable steps to ensure data handling and transmission security, it disclaims any liability for data loss, corruption, or unauthorized access originating from Salesforce or third-party service integrations.

Clientell provides a platform to enhance your workflow efficiency and interaction with Salesforce data; however, it does not guarantee any specific outcomes, business improvements, sales results, or productivity levels.

The Company will not be liable for any damages of any kind arising from the use of the Platform, including but not limited to direct, indirect, incidental, punitive, and consequential damages.

The Company does not guarantee the accuracy, completeness, or reliability of the any content provided by its users. All information, including personal data, is voluntarily provided by users. We do not verify the authenticity of the information shared on the Platform.

While we aim to provide accurate and efficient services, we do not guarantee the availability of the service, or the uninterrupted operation of the Platform. The Company shall not be liable financially or otherwise for any malfunction or errors.

8. Disclaimer Regarding Accuracy of Responses and Insights and AI-Generated Content

8.1 Response Accuracy

The responses, suggestions, insights, or outputs provided through the Platform's chat interface, AI agent or related Services are generated based on available data and system configurations at the time of interaction. While Clientell strives for relevant, contextual, helpful information, the Company does not guarantee answer, recommendation, or output accuracy, completeness, or correctness.

8.2 User Acknowledgments

Users acknowledge and agree that:

• 8.2.1. The Platform does not replace professional advice, human judgment, or Salesforce's official documentation, and any reliance on its responses is at your own risk.
• 8.2.2. The accuracy of the responses may vary depending on your Salesforce setup, data quality, user inputs, custom configurations, or external factors beyond Clientell's control.
• 8.2.3. The Platform is not liable for any direct or indirect consequences, including business decisions, losses, or misinterpretations arising from your use of or reliance on the responses or outputs provided.

8.3 Verification Responsibility

Users are responsible for verifying all responses, particularly where they relate to legal, taxation, financial, strategic, or operational matters.

8.4 AI-Generated Content

Certain Platform features (chat interface, support functions) may use artificial intelligence, machine learning models, or natural language processing to generate content, insights, or suggestions (collectively, “AI-Generated Content”). Users acknowledge and agree that:

• 8.4.1. AI-Generated Content is produced programmatically based on inputs, patterns, and historical data and may not always reflect accurate, complete, or up-to-date information.
• 8.4.2. The AI does not possess human-level understanding, awareness, or judgment, and the responses may occasionally be incomplete, incorrect, misleading, or biased, despite our best efforts to train and refine the systems.
• 8.4.3. Clientell does not warrant or represent the reliability, accuracy, legality, or appropriateness of any AI-Generated Content and disclaims any liability for your use or reliance on such content.
• 8.4.4. AI-Generated Content is intended solely to assist users and should not be considered a substitute for professional judgment, Salesforce documentation, or expert advice.
• 8.4.5. Users are solely responsible for verifying and validating all AI-Generated Content before acting on it or incorporating it into business decisions, communications, or workflows.

8.5 User Acknowledgment of AI Limitations

By using the Platform's AI features, you expressly acknowledge these limitations and agree to use the AI-Generated Content in a responsible and informed manner.

9. Limitation of Liability

9.1 Comprehensive Liability Disclaimer

To the fullest extent permitted by applicable law, Company and its affiliates, directors, officers, employees, agents, licensors, and service providers (collectively, the “Company Parties”) shall not be liable for any direct, indirect, incidental, consequential, special, or punitive damages arising out of or in connection with your use of, or inability to use, the Platform or any content, services, or products provided on or through the Platform, any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the Platform by any third party, any loss of the user's data or content from the Services, a failure of your internet services, downtime, or maintenance, our failure to provide technical or other support services, the user's failure to keep the Salesforce account secure and confidential.

This includes damages for profit loss, goodwill, use, data, or other intangible losses, even if Company Parties were advised of possible damages.

9.2 Additional Non-Liability Situations

The Company is not responsible or liable for:

• 9.2.1. Any inaccurate, incomplete, or false information provided by you or on your behalf
• 9.2.2. Any decisions you make or the consequences thereof, based on information provided by another user or third party
• 9.2.3. Any unauthorized or illegal actions by third parties related to information provided by you or your Profile
• 9.2.4. Any attempted or committed cybercrime by any third party
• 9.2.5. Any damage or alteration to your equipment, including but not limited to computers, mobile phones, or handheld devices, arising from the installation or use of the Platform or its Services
• 9.2.6. Any offensive, indecent, or objectionable content shared via the Platform
• 9.2.7. Any force majeure events, acts of God, or other unforeseen circumstances beyond the Company's control
• 9.2.8. Any technical malfunctions, hardware or software failures, network issues, denial of service attacks, spamming, or any combination of the above that may affect access to or use of the Platform

9.3 Liability Cap

In no event shall the total aggregate liability of the Company in relation to this Platform and/or the Services offered herein, exceed USD 100.

10. Indemnification

The user shall indemnify and hold harmless the Company Parties (as applicable) from and against any and all claims, losses, liabilities, judgments, costs, demands, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of the user's breach of these Terms, Privacy Policy and other policies, or the user's violation of any law, rules or regulations or the rights (including infringement of any intellectual property rights or privacy rights) of a third party.

11. Termination

11.1 Termination by Clientell

Clientell may suspend or terminate Platform and Services access, with or without notice, if:

• 11.1.1. Users breach or violate these Terms, DPA, Privacy Policy, or applicable laws
• 11.1.2. Salesforce integration becomes invalid, unauthorized, revoked, or inoperable
• 11.1.3. Users engage in activity that reasonably appears to harm Clientell, its infrastructure, other users, or third parties
• 11.1.4. Users attempt to circumvent security/access controls, reverse-engineer, or misuse the Platform

11.2 Termination by Users

You may terminate your use of the Services at any time by disconnecting your Salesforce account integration and ceasing all use of the Platform. Termination does not relieve users of accrued pre-termination obligations, including payment obligations.

11.3 Termination Effects

Upon termination:

• 11.3.1. Platform and Services access immediately ceases
• 11.3.2. Clientell ceases processing new Salesforce account data
• 11.3.3. Previously retrieved Salesforce data is deleted per Data Retention/Deletion Policy and DPA
• 11.3.4. Chat data or customer interaction logs may be retained for support, auditing, analytics, and service improvement per Privacy Policy and applicable laws

11.4 Survival Clause

Provisions of these Terms which by their nature should survive termination shall survive, including but not limited to intellectual property rights, disclaimers, limitation of liability, indemnification, governing law, dispute resolution, and the Privacy Policy.

11.5 No Liability for Termination

Clientell shall not be liable to you or any third party for any damages or losses resulting from termination, suspension, or restriction of access in accordance with these Terms.

12. Assignment

It is expressly agreed by you that the Company may assign all or part of its rights or duties under these Terms without such assignment being considered a change to these Terms and without notice to the user, except to the extent provided by law.

13. Governing Law

13.1 Applicable Law

These Terms of Use shall be governed by and construed in accordance with the laws of the United States, without regard to its conflict of law principles.

13.2 Exclusive Jurisdiction

Any disputes, claims, or legal proceedings arising out of or in connection with these Terms, your use of the Platform, or any services provided by Company, shall be subject to the exclusive jurisdiction of the courts of the State of Delaware.

13.3 Venue Waiver

By using the Platform, you agree to submit to the applicable jurisdiction as stated above and waive any objection to the venue or jurisdiction of such courts.

14. How to Contact Us

If the user has questions or concerns about these Terms, the user may contact the Company at people@getclientell.com