These Terms of Service constitute a legally binding agreement between you and Cresently, under Tradefronts Pvt Ltd (“Cresently”, “we,” “our”, “us”) governing your use of our products, services, information, content, tools, mobile application (the “App”), and website (the “Site”, and collectively with the foregoing, the “Services”).
BY CLICKING ON “I AGREE” OR A SIMILAR BUTTON, REGISTERING FOR AN ACCOUNT, DOWNLOADING THE APP OR ANY APP UPGRADES, USING THE APP ON YOUR DEVICE, VISITING THE SITE, OR ACCESSING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE, YOU MAY NOT ACCESS OR USE OUR SERVICES.
These Terms apply to all users of the Services, including but not limited to browsers, vendors, customers, merchants, content contributors, business owners (“Business Owners”), and agencies (“Agencies”). These Terms take effect on the earlier of the date you first agree to them or begin using the Services. If you are accepting these Terms on behalf of your employer or another entity, you confirm that:
(i) you have the authority to bind that entity;
(ii) you have read and understood these Terms; and
(iii) you agree to them on behalf of the entity.
In such cases, "you" and "your" refer to that entity.
Our Privacy Policy, located at https://cresently.com/privacy-policy, governs how we collect and use your personal information. By using our Services, you acknowledge that you’ve reviewed and accepted our Privacy Policy. The Privacy Policy and these Terms together form the “Agreement.”
PLEASE NOTE: THIS AGREEMENT INCLUDES A BINDING ARBITRATION CLAUSE. PLEASE READ IT CAREFULLY, AS IT AFFECTS YOUR RIGHTS, INCLUDING YOUR RIGHT TO OPT OUT.
Table of Contents
Our Services
Account, Password, and Security
Agencies and Business Owners
User-Generated Content
Communication by Email
Communication with Cresently and Its Clients
Prohibited Uses
Representations and Warranties; Legal Compliance
Billing and Payment
Termination and Suspension
Third-Party Links and Tools
Intellectual Property
Copyright and DMCA
Confidentiality
Disclaimers
Indemnification
Dispute Resolution – Arbitration
Governing Law
No Agency or Employment
General Provisions
Changes to This Agreement
No Third-Party Rights
Notices and Consent to Electronic Communications
Contacting Us
1. Our Services
Cresently provides a platform that enables individuals and businesses to build and deploy automated chat flows across messaging platforms, social media, and other third-party services. Your use or purchase of Services is subject to these Terms, unless a separate signed agreement or order form overrides them.
2. Account, Password, and Security
To access our Services, you must create an account (“Account”) with Cresently, during which you’ll be asked to provide personal information. This may include linking third-party accounts like Google, Instagram, or Facebook.
You agree to provide accurate, current, and complete information and keep it updated. You’re responsible for safeguarding your login credentials and for all activity on your Account, authorized or not. If you suspect unauthorized access or a security breach, contact us immediately.
The individual who signs up is the designated account holder (“Account Representative”). If signing up on behalf of a company, that company is considered the Account Representative. Only the Account Representative is authorized to use and manage the account. Accounts are non-transferable.
By providing your email, you consent to us contacting you regarding service updates, changes, billing, or support.
3. Agencies and Business Owners
A “Business Owner” is a person or entity using Cresently to market or operate their business. An “Agency” is a third-party service provider managing a Business Owner’s Cresently account.
If you are an Agency using our Services on behalf of a Business Owner, you must:
Correctly designate the Business Owner as the administrator of the Account and associated social profiles.
Confirm that you are authorized to act on the Business Owner’s behalf.
Agencies retain ownership of intellectual property and automation flows they create (“Agency Content”). In the event of a separation between a Business Owner and their Agency, the Business Owner must notify Cresently or update access settings via the platform.
Once an account is transferred, the Business Owner is responsible for subscription payments.
4. User-Generated Content
“User-Generated Content” includes any text, media, or data submitted by you or your users (including Conversation Participants). You remain responsible for all such content. Cresently does not create, endorse, or review User-Generated Content, and disclaims any liability from it.
You represent and warrant that your content:
Is accurate and lawful;
Doesn’t infringe on intellectual property or privacy rights;
Complies with all applicable laws (e.g., export control, consumer protection, anti-spam, etc.);
Is not defamatory, obscene, or harmful to minors;
Does not include viruses or harmful code;
Does not impersonate Cresently or its representatives.
By posting content on the platform, you grant us the right to use, modify, and display that content solely to deliver and improve our Services. We do not claim ownership of your content.
5. Communication by Email
If you choose to use Cresently’s services to communicate with your users via email, you agree to the following Compliance and Indemnity Terms (“CIT”). You must use the services in full compliance with all applicable laws and regulations, including but not limited to:
The Information Technology Act, 2000 (as amended),
The Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011,
The Telecom Commercial Communications Customer Preference Regulations, 2018 issued by TRAI,
(referred to collectively as "Electronic Messaging Laws").
By using the services, you expressly affirm that you are and will remain in full compliance with these laws, including any amendments or newly enacted regulations. Any breach—including unauthorized messaging, spam, or data privacy violations—may result in legal penalties under Indian law, and you agree to fully indemnify Cresently for any resulting losses or damages.
You acknowledge that you have read and understood the applicable Electronic Messaging Laws and all relevant local, state, and national regulations. Since regional laws may impose stricter obligations than federal regulations, we strongly advise you to consult with your legal counsel. Cresently is not responsible for ensuring your legal compliance and disclaims all liability related to your failure to comply. Nevertheless, we actively promote compliance by requiring your agreement to these Terms of Service.
You agree to indemnify, defend, and hold harmless Cresently, its owners, directors, officers, employees, contractors, agents, and vendors from all claims, costs, legal fees, and damages arising from any violation by you of applicable laws or these Terms of Service, including the CIT. You will:
Promptly indemnify and defend against any such third-party claim;
Receive prompt notice of any such claim;
Be given reasonable cooperation in defending the matter; and
Have control over the defense and settlement, subject to Cresently’s approval (which will not be unreasonably withheld).
6. Communication with Cresently and Its Clients
By providing your contact information (such as your email address) to Cresently or its clients, you confirm that:
The contact details are accurate and up-to-date;
You are the authorized owner or subscriber of the provided email address(es);
You expressly consent to receive email communications from Cresently and its clients regarding your account, transactions, this agreement, and promotional materials.
7. Prohibited Uses
In addition to all prohibitions listed elsewhere in these Terms, you may not use the services:
For any unlawful, fraudulent, or abusive purpose;
To solicit or facilitate illegal acts;
In violation of international, federal, state, or local laws and regulations;
To infringe intellectual property rights;
To harass, threaten, defame, discriminate, or violate the legal rights of others;
To upload or distribute malicious software or viruses;
For obscene or immoral activities;
To circumvent security features or negatively impact platform performance;
To impersonate others or misrepresent affiliation;
To scrape, crawl, or copy data without permission;
To violate the terms of any third-party platform integrated with Cresently (e.g., Facebook, Instagram, Razorpay).
We reserve the right to terminate your access to the services for any prohibited use or behavior that harms other users, Cresently staff, partners, or related platforms.
We may review, delete, or disclose content or information if required by law or as necessary to:
Comply with legal obligations;
Enforce these Terms;
Prevent fraud or security threats;
Respond to user support requests;
Protect the rights and safety of users, the public, and Cresently.
Your personal information will only be disclosed in accordance with our [Privacy Policy].
8. Representations and Warranties; Compliance with Laws
You represent and warrant that:
You are at least 18 years old (or of legal age in your jurisdiction);
You have the authority to enter into this agreement personally or on behalf of an entity;
You have read and understood these Terms and the Privacy Policy;
You will use the services in compliance with all applicable laws and in good faith.
You are solely responsible for assessing the legal suitability of using the services under your local laws or industry-specific regulations (e.g., GDPR, HIPAA). Cresently disclaims all liability if our services do not comply with specific legal requirements that apply to you.
If you operate in or serve users from the European Economic Area (EEA), you agree that:
Cresently is not currently GDPR-compliant;
You are fully responsible for obtaining necessary user consents and implementing appropriate safeguards;
You will disclose the limitations of using a non-GDPR-compliant service in your privacy policy;
You will not collect sensitive user data (e.g., health, financial, or government ID data) using our platform;
Cresently will not be held liable for any claims or penalties resulting from GDPR non-compliance;
You act as the Data Controller and bear full responsibility for lawful data handling.
You also warrant that you will not use the services for journalistic, investigative, or unlawful purposes without proper disclosure.
9. Billing and Payment
Unless otherwise agreed in writing, all payments must be made through a third-party payment processor (the “PSP”) as specified on the platform. By using the services, you agree to the PSP’s terms and conditions, including its vetting and registration requirements. Cresently is not a party to the PSP agreement and bears no responsibility under its terms.
Pricing and Taxes
All prices are in Indian Rupees (INR) and exclusive of applicable taxes.
Taxes will be calculated based on the billing address you provide at checkout.
We reserve the right to update pricing at any time. Subscription charges apply in full for the selected term (monthly, annual, etc.), regardless of usage.
Auto-Renewal and Billing Terms
If you subscribe to a recurring plan, you authorize Cresently to charge your payment method automatically. You are responsible for keeping your payment details updated. In case of failed payment, your access may be suspended until payment is processed.
All payments are final and non-refundable, including prepaid terms or discontinued services. If you have any billing issues, please contact support at [support@cresently.com].
Free Trials
From time to time, we may offer free or discounted trials. Trials are subject to eligibility and may be modified or withdrawn at our discretion. By starting a trial, you authorize automatic billing at the end of the trial unless cancelled through your account settings.
User Products and In-Bot Payments
If you sell products, services, or content using in-bot payments:
You are solely responsible for your offerings, pricing, fulfillment, and customer service;
You must comply with all applicable tax, consumer protection, and trade regulations;
You agree not to sell prohibited, illegal, or offensive content;
You acknowledge that Cresently is not liable for your transactions, customer disputes, or chargebacks;
You must verify your customers' identities and payment methods;
You are responsible for data security and must comply with all data protection laws regarding customer information.
Cresently reserves the right to suspend or terminate your account and content if suspicious or non-compliant activity is detected.
10. Termination and Suspension
Unless otherwise agreed in writing between you and Cresently, either party may terminate these Terms of Service at any time, with or without cause. You may cancel and delete your Account at any time using the available features within the Services. Upon cancellation, you will lose access to your Account, profile, and all associated information. Provisions of these Terms that are intended to survive termination—such as disclaimers, limitations of liability, and indemnification—shall remain in effect indefinitely.
Cresently reserves the right to refuse service to anyone for any reason, at any time. We may suspend or terminate your access immediately if we suspect or find that you have violated any terms of this Agreement, without prior notice. In such cases, you are prohibited from registering new Accounts under your name, a false name, or any third party’s name, even if acting on their behalf.
Termination or limitation of your access does not release you from this Agreement, which remains enforceable. Cresently reserves the right to pursue appropriate legal action, including arbitration as described in Section 17.
Cresently may modify, suspend, or discontinue all or part of the Services at any time without liability. We may also restrict registration if we believe a user threatens the safety or integrity of the Services or for other legitimate business reasons.
After account termination or cancellation, Cresently reserves the right to delete all associated data, including User Generated Content, which cannot be recovered thereafter.
If there is no activity on your Account (including logins, conversations, payments, or planned broadcasts) for 18 consecutive months, we will attempt to notify you by email or other means. If you do not respond within 30 days, we reserve the right to close your Account and delete all data.
11. Links to Third-Party Websites; Optional Third-Party Tools
The Services may contain links to third-party websites for informational purposes. These links do not imply endorsement or association with those websites or their content. Cresently does not control and is not responsible for the availability, accuracy, content, products, or services of any third-party websites. Your use of these websites is at your own risk.
You may connect your Cresently Account to third-party accounts (e.g., Facebook, Instagram, WhatsApp, Telegram) by providing login credentials or granting access as permitted by those third-party terms. You affirm you have the right to share such access without violating third-party terms or incurring fees. By linking accounts, you allow Cresently to access, store, and use content (“SNS Content”) from those accounts in accordance with these Terms. You may disconnect linked accounts at any time.
Your relationship with third-party providers remains governed solely by your agreements with them. Cresently disclaims any responsibility for SNS Content or third-party websites and does not guarantee their accuracy or legality.
We may also provide access to third-party tools (“Third-Party Tools”) which we do not control. These are offered “as-is” without warranty. Use of such tools is at your own risk, and Cresently assumes no liability related to your use of them.
12. Ownership and Intellectual Property Rights
All content provided through the Services—such as text, graphics, software, images, trademarks, and designs (“Proprietary Material”)—is owned by Cresently or its licensors, except for User Generated Content, for which users grant Cresently a non-exclusive license to use.
Proprietary Material is protected by copyright, trademark, patent, and other intellectual property laws. You may not copy, download, modify, distribute, or use any Proprietary Material without prior written consent from Cresently.
You may submit feedback, ideas, or suggestions (“Feedback”) to improve the Services. By doing so, you grant Cresently a perpetual, royalty-free license to use such Feedback without obligation or confidentiality.
You are granted a limited, nonexclusive, revocable license to access and use the Services. All rights not expressly granted are reserved. Unauthorized use or violation of intellectual property rights may result in termination of your Account.
“Intellectual Property Rights” include patents, copyrights, trademarks, trade secrets, and other proprietary rights worldwide.
13. Copyright Complaints and Copyright Agent
Cresently respects intellectual property rights. If you believe your copyright has been infringed, please send a written notice to:
Cresently, under Tradefronts Pvt Ltd
A601, RatanDham Apartment, 12/483 Macrobert Ganj, Colonelganj (Kanpur Nagar), Kanpur Nagar - 208001, Uttar Pradesh, India
Email: legal@cresently.com
Your notice must include:
A description of the copyrighted work and the location of the alleged infringement;
A description of the location of the original or authorized copy;
Your contact information (address, phone, email);
A statement of good faith belief that the use is unauthorized;
A statement under penalty of perjury confirming the accuracy of the information and that you are the copyright owner or authorized agent;
Your electronic or physical signature.
14. Confidential Information
You acknowledge that Confidential Information of Cresently is a valuable asset. You agree not to disclose, use, or transfer any Confidential Information except as necessary to use the Services. Authorized employees or agents must also maintain confidentiality.
“Confidential Information” includes trade secrets, proprietary data, technical and business information, customer details, software, and other non-public information disclosed directly or indirectly.
You agree to notify Cresently promptly if you suspect unauthorized use or disclosure, and to return all Confidential Information upon termination of this Agreement.
15. Disclaimer of Warranties
THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Cresently makes no guarantees about the accuracy, reliability, security, or completeness of the Services or linked sites. We are not liable for damages arising from use or inability to use the Services, including loss of data or goodwill, even if advised of the possibility of such damages.
Some jurisdictions do not allow exclusion of certain damages, so some limitations may not apply to you. In any event, Cresently’s maximum aggregate liability shall not exceed the lesser of (i) fees paid by you in the six months prior to the claim or (ii) ₹10,000 INR.
16. Indemnification
You agree to indemnify, defend, and hold harmless Cresently and its affiliates, officers, employees, and agents from any claims, liabilities, damages, losses, or expenses arising from:
Your use or inability to use the Services;
Your breach of this Agreement;
Your violation of laws or third-party rights;
Content you submit or transmit through the Services, including any infringement or unlawful content;
Use of automated tools or actions that burden Cresently’s infrastructure.
Cresently may assume control of your defense with written notice, and you agree not to settle claims without our consent.
17. Dispute Resolution – Arbitration
These Terms and the relationship between you and Cresently shall be governed by the laws of India. Any disputes or claims arising out of or relating to these Terms must be resolved exclusively through arbitration or alternative dispute resolution mechanisms within the territorial jurisdiction of the courts located in Kanpur, India. The failure of Cresently to enforce any right or provision under these Terms shall not be construed as a waiver of such right or provision. If any part of these Terms is held to be invalid or unenforceable by a competent court (including if inconsistent with laws from other jurisdictions), the court shall endeavor to interpret such provision in a way that reflects the parties’ original intentions to the fullest extent possible.
You agree that any legal action or claim related to your use of the Services or Website must be initiated within one (1) year from the date the cause of action arises. After this period, any claims are permanently barred, except where Indian statutory law permits Cresently to bring a claim within a longer limitation period. These Terms shall bind and benefit the successors and permitted assigns of each party. Cresently respects Indian law and consents to the jurisdiction of Indian courts. Where required, and notwithstanding the provisions herein, Cresently may disclose relevant information to Indian law enforcement authorities in compliance with applicable laws.
18. Governing Law
This Agreement and your use of the Services shall be governed by and construed under the laws of India, without regard to conflict of law principles.
19. No Agency; No Employment
Nothing in this Agreement creates any agency, partnership, joint venture, employment, or franchisor-franchisee relationship between you and Cresently.
20. General Provisions
Failure by Cresently to enforce any provision of this Agreement shall not constitute a waiver of that provision or any other rights. This Agreement constitutes the entire and exclusive agreement between you and Cresently regarding its subject matter, superseding all prior agreements or communications. If any provision is found to be partially or wholly invalid, illegal, or unenforceable, it shall be modified or removed to the minimum extent necessary, without affecting the enforceability of the remaining provisions. You may not assign or transfer this Agreement without prior written consent from Cresently. Cresently may assign or transfer this Agreement without your consent, including to any parent company, subsidiary, successor, or acquirer. Any unauthorized assignment by you is void. This Agreement shall benefit and bind Cresently and its successors and assigns.
21. Changes to this Agreement and the Services
Cresently reserves the right, at its sole discretion, to modify, add, remove, suspend, or discontinue any part of this Agreement (including the Terms of Service and Privacy Policy) or the Services at any time, with or without prior notice, and without liability. While Cresently will attempt to notify you of material changes by email, failure to do so will not invalidate the changes. If you do not agree to the updated Terms, you must cease using the Services immediately. Continued use of the Services following changes constitutes your full acceptance. Cresently may also limit or restrict your access to parts or all of the Services without prior notice or liability.
22. No Rights of Third Parties
This Agreement is intended solely for the benefit of you and Cresently. No third party has any enforceable rights under this Agreement.
23. Notices and Consent to Receive Notices Electronically
You consent to receive all agreements, notices, disclosures, and other communications (“Notices”) electronically, including by email or postings on this Website. Such electronic Notices satisfy any legal requirement for written communication. Unless otherwise specified, all Notices will be deemed given when received if personally delivered or sent by certified/registered mail (with return receipt), upon confirmation if sent by fax or email, or one day after dispatch if sent by recognized overnight delivery.
26. Contacting Us
If you have any questions regarding these Terms or the Services, please contact us via our support page at cresently.com/support or by mail at:
Cresently (a Tradefronts Pvt Ltd company)
A601, RatanDham Apartment, 12/483 Macrobert Ganj,
Colonelganj, Kanpur Nagar - 208001, Uttar Pradesh, India.