Terms of Service

1.Eligibility

You may use the Services only if you have authority to enter into these Terms on behalf of yourself or the entity you represent.

2.Services

Custom.is provides a platform that enables software vendors and their authorized users to configure and customize software experiences using prompts, workflows, and related tools.

We may modify, suspend, or discontinue any part of the Services at any time.

3.Accounts

You are responsible for:

• maintaining the confidentiality of account credentials;
• all activity under your account; and
• ensuring information provided to us is accurate and current.

You must promptly notify us of any unauthorized access or security incident involving your account.

4.Acceptable Use

You may not use the Services to:

• violate any law or regulation;
• infringe or misappropriate intellectual property or other rights;
• transmit unlawful, harmful, fraudulent, deceptive, or abusive content;
• interfere with or disrupt the Services or related systems;
• attempt unauthorized access to any account, system, or data;
• reverse engineer, copy, or exploit the Services except as permitted by law or by us in writing; or
• use the Services to develop or compete with a substantially similar service.

5.Customer Data

As between the parties, you retain all rights in data, content, prompts, configurations, and other materials you submit to the Services (“Customer Data”).

You grant Custom.is a non-exclusive right to host, process, transmit, and use Customer Data as necessary to provide, secure, support, and improve the Services and to comply with law.

You represent that you have all rights and permissions necessary for Customer Data and its use with the Services.

6.AI-Generated Output

The Services may generate suggestions, configurations, text, scripts, or other output based on Customer Data and user instructions (“Output”).

You are responsible for reviewing and validating Output before relying on or deploying it. Custom.is does not guarantee that Output is accurate, complete, secure, available for use, or suitable for your intended purpose.

7.Intellectual Property

Custom.is and its licensors retain all rights, title, and interest in and to the Services, including all software, models, documentation, designs, and related intellectual property.

Except for the limited rights expressly granted in these Terms, no rights are granted to you.

8.Fees and Payment

If you purchase paid Services, you agree to pay all applicable fees in accordance with the applicable order, subscription, or pricing terms.

Unless otherwise stated:

• fees are non-refundable;
• fees are exclusive of taxes; and
• subscriptions renew until canceled.

9.Confidentiality

Each party may receive non-public information from the other that is designated confidential or should reasonably be understood to be confidential (“Confidential Information”).

The receiving party will:

• use Confidential Information only to perform or exercise rights under these Terms; and
• protect it using reasonable care.

Confidential Information does not include information that is publicly available without breach, already known without restriction, independently developed, or lawfully received from a third party.

10.Privacy

Our collection and use of personal data is governed by our Privacy Policy.

11.Security

Custom.is maintains administrative, technical, and organizational safeguards designed to protect the Services and Customer Data against unauthorized access, use, loss, alteration, or disclosure.

These safeguards may include measures such as access controls, authentication mechanisms, logging and monitoring, encryption in transit, and security maintenance practices appropriate to the nature of the Services.

Custom.is may update or modify its security measures from time to time, provided that it does not materially reduce the overall security of the Services during an active subscription term.

You acknowledge that no service or security measure is completely secure, and Custom.is does not guarantee that the Services will be free from security incidents, vulnerabilities, or unauthorized access.

12.Security Responsibilities

You are responsible for maintaining the security of your own systems, devices, networks, integrations, and account credentials used with the Services.

You are also responsible for:

• configuring the Services in a secure manner appropriate for your use case;
• limiting access to authorized users;
• maintaining appropriate backups of Customer Data where necessary for your business; and
• promptly applying updates, rotating credentials, and taking other reasonable steps to prevent unauthorized access.

Custom.is is not responsible for security incidents caused by your systems, credentials, configurations, third-party tools, or failure to follow reasonable security practices.

13.Security Incidents

If Custom.is becomes aware of a confirmed unauthorized access to or acquisition of Customer Data in our systems that materially affects the security of the Services or Customer Data (a “Security Incident”), we will take commercially reasonable steps to investigate, contain, mitigate, and, where appropriate, notify affected customers without undue delay, subject to legal, law enforcement, and security-related constraints.

Any notification of a Security Incident is not an acknowledgment of fault or liability.

14.Third-Party Services

The Services may interoperate with or depend on third-party services. We are not responsible for third-party services, including their availability, security, or performance.

15.Suspension and Termination

We may suspend or terminate access to the Services if:

• you breach these Terms;
• required by law; or
• your use poses a security, legal, or operational risk.

We may also suspend access to the Services to prevent or contain a security incident, protect the Services or other customers, or respond to a vulnerability or threat.

You may stop using the Services at any time.

Upon termination, your right to use the Services ends immediately.

16.Disclaimers

17.Limitation of Liability

18.Indemnity

You will defend, indemnify, and hold harmless Custom.is and its affiliates, officers, directors, employees, and agents from any third-party claim arising out of:

• Customer Data;
• your use of the Services in violation of these Terms; or
• your violation of applicable law or third-party rights.

19.Governing Law

These Terms are governed by the laws of the jurisdiction specified in the applicable order or, if none is specified, the jurisdiction where Custom.is is organized, without regard to conflict of law rules.

20.Changes to These Terms

We may update these Terms from time to time. Updated Terms become effective when posted, unless otherwise stated. Your continued use of the Services after the effective date constitutes acceptance of the updated Terms.

21.General

These Terms, together with any applicable order forms and policies referenced herein, constitute the entire agreement between you and Custom.is regarding the Services.

If any provision of these Terms is held unenforceable, the remaining provisions will remain in effect.

Failure to enforce any provision is not a waiver.

You may not assign these Terms without our prior written consent, except in connection with a merger, acquisition, or sale of substantially all assets. We may assign these Terms without restriction.

22.Contact

For questions about these Terms, contact: legal@custom.is