Terms of Service

01Acceptance & eligibility

The Service is operated by [LEGAL ENTITY NAME] (“Photon,” “we,” “us,” or “our”), a company organized under the laws of [JURISDICTION]. These Terms form a binding agreement between you and Photon. You must be at least 18 years old and able to form a binding contract to use the Service. The Service is intended for business and professional use.

02Definitions

• Service — the Photon CRM platform, applications, APIs, and related websites.
• Customer Data — the contacts, companies, deals, communications, files, and other content you or your authorized users submit to, import into, or generate within the Service.
• Authorized Users — individuals you permit to access the Service under your account.
• AI Output — summaries, drafts, scores, forecasts, suggestions, or other content generated by the Service’s automated and machine-learning features.

03Accounts & access

You are responsible for the activity that occurs under your account, for maintaining the confidentiality of your credentials, and for the acts and omissions of your Authorized Users. You agree to provide accurate registration information and to keep it current. Notify us promptly of any unauthorized use of your account. We may suspend access where we reasonably believe it is necessary to protect the Service or other users.

04Plans, billing & trials

Paid features are offered under the plan and pricing presented at purchase or in a separate order form. Unless stated otherwise, fees are billed in advance, are non-refundable except as required by law, and exclude applicable taxes, which are your responsibility. Subscriptions renew automatically for successive terms unless cancelled before the renewal date. We may change pricing prospectively with notice; changes take effect at your next renewal.

Free trials and beta or “early access” features are provided as-is, may be modified or withdrawn at any time, and may carry usage limits. Beta features are not covered by any service commitment.

05Acceptable use

You agree not to, and not to permit anyone to:

• Use the Service in violation of any law or third-party right, including privacy, data protection, and anti-spam laws.
• Upload or transmit malware, or attempt to gain unauthorized access to the Service, other accounts, or related systems.
• Reverse engineer, decompile, or attempt to extract source code, except as permitted by law.
• Resell, sublicense, or provide the Service to third parties except as expressly allowed.
• Use the Service to send unlawful, harassing, deceptive, or unsolicited bulk communications.
• Interfere with or disrupt the integrity or performance of the Service, or circumvent usage limits or security measures.
• Use the Service or AI Output to build a competing product or to train a competing machine-learning model.

06Your data & ownership

You own your Customer Data. These Terms do not transfer ownership of Customer Data to us. You grant Photon a worldwide, non-exclusive license to host, process, transmit, display, and otherwise use Customer Data solely to provide, secure, and maintain the Service for you, and as permitted by our Privacy Policy.

You are responsible for the accuracy and legality of Customer Data and for having the necessary rights and consents to provide it to us, including any consents required to sync data from connected third-party accounts. You are responsible for maintaining your own backups; while we maintain reasonable measures to preserve data, you should not rely on the Service as your sole repository.

07Google & third-party services

The Service can integrate with third-party services you choose to connect, including Google (Gmail, Calendar, Drive, and Contacts). Your use of those services remains subject to their own terms, and you authorize Photon to access and process data from them on your behalf to provide the connected features.

We are not responsible for third-party services, and their availability, accuracy, or changes are outside our control. If a third party suspends or discontinues access, the related features may be affected.

08AI features & outputs

Photon provides AI-assisted features such as summarization, drafting, contact and deal intelligence, win-probability scoring, and revenue forecasting. As between you and Photon, and to the extent permitted by law, you may use AI Output generated for your account in connection with your business.

AI Output is probabilistic and provided for assistance only. It may be inaccurate, incomplete, or out of date, and forecasts and scores are predictions — not guarantees of outcomes. You are responsible for reviewing AI Output before relying on or acting on it, and you should not treat it as legal, financial, tax, or professional advice. Similar inputs may produce similar Output for other users, and Output may not be unique to you.

You must not submit to AI features any data you are not permitted to process, and you remain responsible for your use of AI Output, including any communications you send based on it.

09Our intellectual property

The Service, including its software, models, design, and the Photon name and marks, is owned by Photon and its licensors and is protected by intellectual property laws. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Service during your subscription. We reserve all rights not expressly granted. If you provide feedback or suggestions, you grant us a perpetual, royalty-free license to use them without obligation to you.

10Privacy

Our Privacy Policy describes how we collect, use, and protect personal data and is incorporated into these Terms by reference. Where we process personal data on your behalf as a processor, the parties will, where required, enter into a data processing agreement.

11Term & termination

These Terms apply while you use the Service. You may stop using the Service and close your account at any time. We may suspend or terminate your access if you materially breach these Terms, fail to pay fees when due, or where required to protect the Service, other users, or to comply with law — with notice where practicable.

On termination, your right to use the Service ends. You may export Customer Data before termination; after a reasonable retention window described in our Privacy Policy, we may delete or de-identify Customer Data. Sections that by their nature should survive — including ownership, disclaimers, limitation of liability, indemnification, and governing law — survive termination.

12Disclaimers

The Service and all AI Output are provided “as is” and “as available,” without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or secure, that defects will be corrected, or that AI Output will be accurate or reliable. Some jurisdictions do not allow certain warranty exclusions, so some of the above may not apply to you.

13Limitation of liability

To the maximum extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenues, data, or goodwill, arising out of or relating to these Terms or the Service, even if advised of the possibility. Except for your payment obligations and breaches of the acceptable-use or IP provisions, each party’s total aggregate liability arising out of or relating to these Terms will not exceed the amounts you paid to Photon for the Service in the twelve (12) months preceding the event giving rise to the claim. These limits apply in the aggregate and regardless of the theory of liability.

14Indemnification

You will defend, indemnify, and hold harmless Photon and its affiliates from third-party claims, damages, and reasonable costs arising out of your Customer Data, your use of the Service in violation of these Terms or applicable law, or your infringement of a third party’s rights. We will promptly notify you of the claim, give you control of the defense (with our right to participate), and reasonably cooperate at your expense.

15Governing law & disputes

These Terms are governed by the laws of [GOVERNING LAW], without regard to conflict-of-laws rules. The parties submit to the exclusive jurisdiction of the courts located there, except that either party may seek injunctive relief in any court of competent jurisdiction to protect its intellectual property or confidential information. You agree to first attempt to resolve any dispute informally by contacting us before pursuing formal proceedings.

16Changes to these Terms

We may update these Terms from time to time. We will revise the “Effective” date above and, for material changes, provide reasonable notice through the Service or by email. Changes take effect when posted unless stated otherwise. Your continued use of the Service after changes take effect constitutes acceptance.

17General

• Entire agreement. These Terms, the Privacy Policy, and any order forms are the entire agreement between you and Photon and supersede prior agreements on the subject.
• Assignment. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.
• Severability & waiver. If any provision is unenforceable, the rest remains in effect; failure to enforce a provision is not a waiver.
• Force majeure. Neither party is liable for delays or failures caused by events beyond reasonable control.
• Notices. We may provide notices through the Service or to your account email; legal notices to us should be sent to the address below.