TERMS OF SERVICE
1. Introduction
1.1 Purpose
Welcome to Charm. These Terms of Service ("Terms") govern your access to and use of Charm's services ("Service"), provided by AirSplash Inc., operating under the name Charm, which help companies generate more sales and book more sales calls. By accessing or using our Service, you agree to comply with and be bound by these Terms.
1.2 Acceptance of Terms
By accessing or using Charm, you accept and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not use our Service.
2. Definitions
Service: The Charm services, including all related features, applications, and content.
User: Any individual or entity that uses the Service.
Subscription: The periodic payment plan chosen by the User for accessing the Service.
3. User Accounts
3.1 Account Creation
To use our Service, you must create an account. You agree to provide accurate, current, and complete information during the registration process and update such information to keep it accurate, current, and complete.
3.2 Account Responsibilities
You are responsible for maintaining the confidentiality of your account login credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.
3.3 Termination and Suspension
We reserve the right to suspend or terminate your account if you violate these Terms or engage in any activities that may harm the integrity of our Service.
4. Services Provided
4.1 Service Description
Charm provides tools and features to help companies generate more sales and book more sales calls.
4.2 Service Availability
We strive to ensure that our Service is available at all times. However, we do not guarantee uninterrupted or error-free operation of the Service.
4.3 Modifications
We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice.
5. User Responsibilities
5.1 Compliance
You agree to use the Service in compliance with all applicable laws and regulations.
5.2 Prohibited Uses
You agree not to:
Use the Service for any illegal activities.
Infringe on the intellectual property rights of others.
Engage in spam or any form of unsolicited communications.
Interfere with the operation of the Service.
6. Payment Terms
6.1 Pricing
Our pricing plans are detailed on our website. We reserve the right to change our pricing at any time.
6.2 Billing
Billing is conducted on a subscription basis. You agree to pay all fees associated with your subscription on time.
6.3 Refunds and Cancellations
All decisions regarding refunds are at the sole discretion of Charm. We reserve the right to have the final say on refunds. Cancellations will take effect at the end of the current billing cycle.
7. Intellectual Property
7.1 Ownership
Charm retains all rights, title, and interest in and to the Service and all related intellectual property.
7.2 User-Generated Content
By submitting any content to Charm, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, and distribute such content.
8. Privacy and Data Protection
8.1 Data Collection
We reserve the right to collect data as necessary to provide and improve our Service. This includes data you provide and data we collect automatically.
8.2 Privacy Policy
Our Privacy Policy outlines how we collect, use, and protect your data. By using our Service, you agree to our data practices as described in the Privacy Policy.
8.3 User Rights
You have the right to access, correct, and delete your personal data as described in our Privacy Policy.
9. Confidentiality
You agree to keep all confidential information obtained through the Service confidential and not to disclose it to any third party without our prior written consent.
10. Warranties and Disclaimers
10.1 Disclaimer of Warranties
Charm provides the Service on an "as-is" and "as-available" basis. We do not warrant that the Service will be uninterrupted, error-free, or free from viruses or other harmful components.
10.2 Limitation of Liability
In no event shall Charm be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues.
11. Indemnification
You agree to indemnify and hold Charm harmless from any claims, damages, liabilities, and expenses arising out of your use of the Service or your violation of these Terms.
12. Termination
12.1 Termination by User
You may terminate your account at any time by contacting us. Termination will take effect at the end of the current billing cycle.
12.2 Termination by Company
We may terminate your account or suspend access to the Service at any time for any reason, with or without notice.
12.3 Effects of Termination
Upon termination, your right to use the Service will immediately cease. We may delete all data associated with your account after a period of time.
13. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of United States. Any disputes arising under or in connection with these Terms shall be resolved through binding arbitration in United States.
14. Amendments
We reserve the right to modify these Terms at any time. We will notify you of any changes by posting the new Terms on our website. Your continued use of the Service after any changes constitutes your acceptance of the new Terms.
15. Miscellaneous
15.1 Entire Agreement
These Terms constitute the entire agreement between you and Charm regarding the use of the Service.
15.2 Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue to be valid and enforceable.
15.3 Waiver
The failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
15.4 Assignment
You may not assign or transfer your rights or obligations under these Terms without our prior written consent.
16. Contact Information
If you have any questions about these Terms, please contact us at:
Charm Email: finn@trycharm.ai