software-usage-policy

CloudFran Service Usage Policy

Last Updated: June 14, 2025

This document provides helpful information and policies regarding the licensing, use, and administration of CloudFran, LLC, software and services (“Services”). It is intended to supplement the main CloudFran™ Software Subscription Agreement or other governing contracts.

1. Acceptable Use Policy (AUP)

All users of CloudFran Services must comply with this Acceptable Use Policy. You agree not to use the Services to:

1.1. Violate Laws: Engage in any activity that is illegal under local, state, federal, or international law.
1.2. Infringe on Rights: Transmit or store any material that infringes on the intellectual property rights (e.g., copyright, trademark) or privacy rights of others.
1.3. Send Unsolicited Communications (Spam): Send unsolicited commercial emails, SMS messages, or other communications in violation of applicable laws (e.g., CAN-SPAM, TCPA).
1.4. Transmit Harmful Content: Distribute viruses, malware, trojan horses, or any other code designed to disrupt, damage, or limit the functioning of any computer software or hardware.
1.5. Breach Security: Attempt to gain unauthorized access to any part of the Services, other user accounts, or our computer systems and networks.

Violation of this AUP may result in the immediate suspension or termination of your account and services without a refund.

2. General Licensing & Usage

2.1. License Allocation and Assignment: When a Franchisor or other entity purchases licenses, these licenses are initially allocated to the purchasing entity. The administrator for that entity is responsible for assigning the licenses to individual end-users through the CloudFran administrative tools. Unassigned licenses will expire at the end of the license period.
2.2. License Reallocation: If an employee leaves the organization, an administrator or manager may reallocate that employee’s unused license to a new employee for the remainder of the existing license term. This flexibility applies to Manager, Employee, and General Employee license types.
2.3. Prohibition on Sharing and Reselling Licenses: The sharing of a single user license by multiple individuals is strictly prohibited. Licenses cannot be resold without an express written reseller agreement with CloudFran.
2.4. No License Downgrades: A license cannot be downgraded to a lower tier during its active subscription term.

3. Franchisor & Franchisee Policies

3.1. Data Visibility: The Franchisor must explicitly decide in their contract whether their license grants them visibility into all employee data or only manager data at their franchise locations.
3.2. Uniform License Plans: While a Franchisor may select from various packages (e.g., platinum+, platinum, premier), all store locations under that Franchisor must use the same license plan by default.
3.3. Franchisor as Billing Aggregator: The Franchisor is responsible for collecting payments for its corporate location and all associated franchisee store locations, and for remitting payment to CloudFran on a yearly or monthly basis.
3.4. Franchisor Right to Resell: A Franchisor may resell CloudFran licenses to its own franchisee stores at a different price point, but only for stores that are part of the Franchisor’s brand within the CloudFran system.
3.5. License Expiration Rules:
- If a new user license is added to a franchise store, that user license will expire when the store’s primary site license expires, if the site license expires first. Otherwise, the user license will expire at the end of its own term.
- For the Engage Product Line, the termination of a corporate/brand level subscription does not impact existing franchisee subscriptions, which will continue until their normal expiration dates.

4. Subscription, Billing, and Add-Ons

4.1. Subscription Activation and Co-Terming: All new add-on subscriptions (including for AI, Communications, storage, user sub-licenses, etc.) will activate on the next monthly renewal date of the primary site/store license. All add-on subscriptions will be co-termed to expire on the same date as the primary site/store’s annual license.
4.2. Immediate Access via Pay-As-You-Go: If a user or store requires immediate access to resources before the next monthly renewal date, they must purchase those resources through the Pay-As-You-Go option.
4.3. Pay-As-You-Go Credits: These credits are available for services like Communications (SMS and voice), AI, storage, and coupons. Credits purchased via Pay-As-You-Go will expire when the associated site/store license expires.
4.4. Message Campaign Subscriptions: Message campaigns (packages of SMS and emails) can only be purchased as a subscription. Unused credits in a package expire at the end of the current annual site/store license term.
4.5. Resource Allocation: All purchased resources are allocated at the site/store level. A site/store administrator is responsible for assigning these resources (e.g., Twilio phone numbers, Power BI (PBI) access, message credits) to specific users.
4.6. License Upgrades: Licenses can be upgraded to a higher tier (e.g., premier, platinum) to access additional functionality. An upgrade starts a new contract period from the date of the upgrade. Any prepaid credits from the previous subscription will be prorated and credited to the customer’s account within 30 days.

5. VAR (Value Added Reseller) Policies

5.1. VAR License Purchases: A VAR must purchase any additional sub-licenses for its own users directly from CloudFran.
5.2. End-Customer License Purchases: When a store that is a customer of a VAR needs additional user sub-licenses, the store must purchase them from the VAR.
5.3. End-Customer Direct Purchases: When a store that is a customer of a VAR wants to purchase add-on subscriptions (e.g., Communications, AI, storage), the store must purchase those services directly from CloudFran.

6. Product-Specific Information

6.1. Independent vs. Engage Licenses: CloudFran Independent Licenses allow an owner to view data across a limited number of their own stores (up to 20). The CloudFran Engage License is the enterprise-level solution that allows for data aggregation across thousands of locations and includes advanced functionality not available to Independent Licenses.
6.2. Standalone Products: Users can purchase certain CloudFran Caspian licenses (e.g., Caspian Field Ops) to use as standalone tools without data sharing or integration capabilities. Full integration requires an Engage license solution.
6.3. Health and Wellness Licenses: These licenses include a specialized reservation and Point-of-Sale (POS) system. A full-featured CloudFran POS license with transaction management and a card reader can be purchased as an optional add-on for any license type.

7. Support and Service Levels (SLA)

7.1. Support Tiers for VARs: As defined in the VAR agreement, the VAR is responsible for providing Tier I and Tier II support to its customers. CloudFran will provide Tier III and Tier IV support to the VAR.
- Tier I: Basic help desk and user guidance.
- Tier II: Troubleshooting known issues and application-specific problems.
- Tier III: Advanced technical support for complex issues and bugs.
- Tier IV: Engineering and development-level support for core platform issues.
7.2. Direct Customers: Support levels, response times, and contact methods for direct customers are defined in the specific support plan purchased with their subscription. Please refer to https://cloudfran.com/legal/support for details.

8. Data Portability and Offboarding

8.1. Data Ownership: As stated in the CloudFran Software Subscription Agreement, you retain ownership of your Customer Input.
8.2. Data Export: Upon termination or expiration of your subscription, you may request an export of your primary business data. CloudFran will make this data available for download for a period of 30 days following termination.
8.3. Data Format: The data will be provided in a standard, machine-readable format, such as CSV (Comma-Separated Values).
8.4. Data Deletion: Following the 30-day export window, CloudFran will follow its standard data retention policies to securely delete or de-identify your data from its production systems in accordance with our Privacy Policy.