Website and Services Terms of Use

1. Acceptance of Terms

Welcome to the website and services of Cr3a8, LLC and any of its affiliates or related entities ("Cr3a8," "us," "our," or "we"). The following terms and conditions (these "Terms") govern your access to and use of incanto.app and all related subdomains (collectively, the "Website"), and the Incanto consulting, automation, and AI-workflow services made available through or in connection with the Website (the "Services").

Please read these Terms carefully before you start using the Website or Services. By accessing the Website, submitting our intake form, creating an account, or engaging us for the Services, you accept and agree to be bound by and abide by these Terms. If you do not agree, please exit the Website and cease any further use of the Website and Services.

If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms.

2. Description of Services

Incanto provides hands-on consulting and implementation services that help small businesses use artificial intelligence to streamline operations. This may include designing, building, configuring, and maintaining AI-assisted workflows for tasks such as quoting, scheduling, customer follow-ups, review responses, inbox triage, content generation, and similar use cases. The Services rely on third-party large language models, automation platforms, and other tools (collectively, "Third-Party Providers"), including but not limited to OpenAI, Anthropic, Google, n8n, Zapier, and similar providers.

Nature of AI Outputs. You acknowledge and agree that AI models are probabilistic, non-deterministic systems. Identical prompts may return different responses on different occasions; Third-Party Providers may change, retrain, or deprecate their models without notice; and outputs may contain inaccuracies, omissions, or hallucinations. Any content, drafts, suggestions, automations, or data generated by the Services reflects the behavior of Third-Party Providers at a particular point in time and may not be appropriate for every business context.

No Guarantees. Cr3a8 does not guarantee, and expressly disclaims any representation, that the Services will produce any specific time savings, revenue impact, customer outcome, or other business result. You should not make material business, marketing, financial, or legal decisions based solely on outputs produced through the Services without independent review.

Third-Party Provider Terms. Your use of the Services is also subject to the applicable terms, usage policies, and content policies of the Third-Party Providers we use on your behalf or that you connect to your workflows. You agree not to use the Services in any manner that would cause Cr3a8 to violate its agreements with Third-Party Providers, including using outputs to train competing AI models, circumventing rate limits, or generating prohibited content.

3. Engagement, Billing, and the Free-Hour Promotion

Engagement. Services are typically engaged through our intake form, an introductory consultation, and a written or electronic confirmation (including by email) of the work to be performed. You are responsible for providing accurate and complete information about your business, goals, and any third-party accounts or systems you ask us to work with.

Rates. Unless otherwise agreed in writing, the Services are billed at the rate of $35 per thirty (30) minute block, plus applicable taxes. We may change our rates from time to time; any rate change will apply only to time purchased after the change takes effect.

Free First Hour Promotion. We may, at our discretion, offer a complimentary first hour of Services to new small business customers ("Free Hour"). The Free Hour is limited to one (1) per business and may not be combined with other offers, transferred, or redeemed for cash. Cr3a8 reserves the right to modify, limit, suspend, or terminate the Free Hour promotion at any time and for any reason, without notice. We also reserve the right to determine, in our sole discretion, whether a customer is eligible for the Free Hour.

Payment. By purchasing time blocks or otherwise authorizing paid Services, you authorize Cr3a8 (or our payment processor) to charge the applicable fees to your designated payment method. All fees are payable in U.S. dollars and are non-refundable except as expressly set forth in these Terms or required by law.

Unused Time and Refunds. Time blocks do not expire so long as your account remains in good standing. We may, in our sole discretion, refund the prorated value of unused time on request. We will not refund time that has already been used.

Failed Payments. If a payment fails, we may pause work and suspend access to deliverables or workflows until the outstanding amount is paid. We reserve the right to terminate engagements with unpaid balances.

Taxes. Fees exclude applicable taxes, which are your responsibility unless expressly stated otherwise.

Beta Features. We may offer experimental, beta, or preview offerings. Such offerings are provided "as is" and without warranty of any kind. We may modify or discontinue beta features at any time without notice. Beta features may be subject to additional terms.

4. Customer Data and Ownership

Customer Data. "Customer Data" means the business information, content, prompts, credentials, files, and similar inputs you submit to the Services or that we collect on your behalf in the course of providing the Services, as well as any outputs we generate specifically for your account or business. As between you and Cr3a8, you retain all right, title, and interest in and to your Customer Data.

License to Us. You grant Cr3a8 a non-exclusive, worldwide, royalty-free license to host, process, transmit, display, and use Customer Data solely for the purposes of (a) providing, maintaining, and improving the Services; (b) complying with legal obligations; and (c) creating de-identified, aggregated, or anonymized data that does not identify you, your customers, or any individual.

Aggregated Data. Cr3a8 may use de-identified and aggregated data derived from Customer Data for any lawful business purpose, including benchmarks, analytics, research, and product improvement.

Data Retention. After termination or cancellation of an engagement, we may, but are not obligated to, retain Customer Data for up to thirty (30) days, after which we may delete it in the ordinary course of business. We reserve the right to delete Customer Data immediately if earlier deletion is required by law or necessary to protect our rights. We have no obligation to retain Customer Data after termination or cancellation.

Your Responsibility for Customer Data. You represent and warrant that you have all rights necessary to submit Customer Data to the Services, that Customer Data does not infringe the rights of any third party, and that you will not submit any sensitive personal information (such as government identifiers, payment card data, or protected health information) through the Services except as expressly agreed in writing.

5. Acceptable Use

You agree not to do any of the following in connection with the Website or Services:

• Use the Services to conduct, promote, or support any illegal activity or any activity that would cause Cr3a8 to violate the terms of a Third-Party Provider;
• Upload, distribute, generate, or transmit anything that violates these Terms or that may be harmful to others;
• Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or underlying logic of any tools, prompts, workflows, or templates we provide, except to the extent such restriction is prohibited by law;
• Resell, sublicense, rent, lease, or otherwise make the Services available to any third party, except as expressly authorized by a written agreement with Cr3a8;
• Use the Services to track, monitor, or collect data about individuals in a manner that violates applicable privacy or marketing law;
• Attempt to gain unauthorized access to any portion of the Website or Services, or to any account other than your own;
• Transmit any virus, worm, Trojan horse, or other malicious code;
• Use the Services to generate unsolicited communications, spam, fraudulent content, or content designed to deceive customers;
• Use automated means (including scraping, crawling, or bots) to access the Website except as expressly permitted;
• Impersonate another user, person, or entity, or misrepresent your affiliation;
• Copy, reproduce, distribute, or create derivative works from the Services or Content except as expressly permitted;
• Interfere with or disrupt the Services, servers, or networks connected to the Services;
• Violate any applicable local, state, national, or international law or regulation; or
• Stalk, harass, or harm another individual.

6. Ownership and Intellectual Property

The Website and Services are owned and operated by Cr3a8. "Content" means all features and functionality accessible through the Website and Services, including all software, prompts, templates, workflow designs, text, displays, images, video, audio, data compilations, and the design, selection, and arrangement thereof (excluding Customer Data). Where applicable, a reference throughout these Terms to the Website or Services will also include Content.

The Cr3a8 and Incanto names and all related product and service names, logos, designs, and slogans are trademarks of Cr3a8 or its licensors. You may not use them without Cr3a8's prior written permission. No right, title, or interest in or to the Website, Services, or Content is transferred to you. All rights not expressly granted are reserved by Cr3a8. Any use not expressly permitted by these Terms is a breach and may violate copyright, trademark, and other laws.

7. Limited License Grant; Revocation

Subject to these Terms and your timely payment of applicable fees, Cr3a8 grants you a non-exclusive, non-transferable, non-sublicensable license to access and use the Website and any deliverables we provide solely for your internal business purposes. We reserve the right to withdraw or amend the Website, Services, and Content in our sole discretion. We may revoke the licenses granted or deny you future access, or impose conditions on future access, including requiring payment of additional fees.

8. Service Availability

We use commercially reasonable efforts to make the Services available, but we do not guarantee uninterrupted or error-free operation. The Services and any workflows we configure on your behalf may be unavailable from time to time due to maintenance, upgrades, failures of Third-Party Providers, or events beyond our reasonable control. Unless otherwise set forth in a separately executed service level agreement, the Services are provided without any uptime commitment, and your sole and exclusive remedy for any unavailability is the refund and cancellation rights set forth in these Terms.

9. Security

We implement commercially reasonable administrative, technical, and physical safeguards designed to protect Customer Data against unauthorized access, use, or disclosure. However, no system is perfectly secure, and we cannot guarantee absolute security. You are responsible for maintaining the security of your account credentials and any credentials you share with us, and for revoking access promptly when no longer needed.

10. Confidentiality

Each party may have access to information of the other party that is marked as confidential or that a reasonable person would understand to be confidential ("Confidential Information"). Each party agrees to use the other's Confidential Information only to exercise rights and perform obligations under these Terms, and to protect it using at least the same degree of care it uses to protect its own similar information (and no less than reasonable care). Customer Data is your Confidential Information. Confidential Information does not include information that is or becomes publicly available without breach of these Terms, was already known to the receiving party, is independently developed, or is rightfully received from a third party without a duty of confidentiality.

11. Links to Third-Party Sites

The Website may link to websites, services, or resources that are not under Cr3a8's control ("Third-Party Sites"). Any links are provided as a convenience only. Cr3a8 does not endorse any Third-Party Sites and assumes no responsibility or liability for any material on Third-Party Sites.

12. Links from Third-Party Sites

Cr3a8 prohibits unauthorized links to the Website and the framing of any information contained on the Website, and reserves the right to disable unauthorized links at any time. Cr3a8 has no responsibility or liability for any third-party material that may contain links to the Website.

13. Cookies and Tracking Technologies

We may use cookies, web beacons, and similar tracking technologies to enhance your experience on the Website. By using the Website, you consent to our use of these technologies as described in our Privacy Policy. You may disable cookies through your browser settings, although this may limit Website functionality.

14. Export Control Laws

You may not use, export, or re-export the Website, Services, or any Content in violation of U.S. export control laws and regulations or any other applicable export control laws. You represent that you are not located in, or a national of, any country subject to U.S. trade embargo or on any U.S. government list of prohibited or restricted parties.

15. Indemnification

You agree to defend, indemnify, and hold harmless Cr3a8 and its employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including reasonable attorneys' fees, arising from: (a) your use or misuse of the Website or Services; (b) your violation of these Terms; (c) your Customer Data; or (d) your violation of any law or the rights of a third party. Cr3a8 reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Cr3a8 in asserting any available defenses.

16. Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that the Website, Services, or any Content available for view or download (including AI outputs) will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Services for any reconstruction of any lost data.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Website or Services.

Your use of the Website, Services, and Content is at your own risk. The Website, Services, and Content are provided on an "as is" and "as available" basis, without warranties of any kind, either express or implied. Cr3a8, its licensors, Third-Party Providers, and service providers disclaim all warranties of any kind, whether express, implied, statutory, or otherwise, including any warranties of merchantability, non-infringement, accuracy, completeness, or fitness for a particular purpose, and any warranties arising from course of dealing or usage of trade.

Without limiting the foregoing, Cr3a8 makes no warranty that the Website or Services will be accurate, reliable, error-free, or uninterrupted; that defects will be corrected; that the Services will be free of viruses or other harmful components; or that the Website or Services will meet your needs or expectations. Any AI-generated outputs, content, or recommendations are provided for informational purposes only and should not be relied upon as the sole basis for any decision.

The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.

17. Limitation of Liability

In no event will Cr3a8, its affiliates, or their licensors, Third-Party Providers, service providers, employees, agents, officers, or directors be liable for any indirect, special, incidental, consequential, exemplary, or punitive damages, or for any loss of revenue, profits, business, anticipated savings, use, goodwill, or data, arising out of or in connection with your use or inability to use the Website or Services, whether caused by tort (including negligence), breach of contract, or otherwise, and even if foreseeable or if we have been advised of the possibility of such damages.

In no event will the total aggregate liability of Cr3a8 and its affiliates arising out of or relating to these Terms, the Website, or the Services exceed the greater of (a) the amounts paid by you to Cr3a8 for the Services in the twelve (12) months immediately preceding the event giving rise to the claim, or (b) one hundred U.S. dollars ($100).

Any cause of action or claim you may have arising out of or relating to these Terms, the Website, or the Services must be commenced within one (1) year after the cause of action accrues; otherwise, it is permanently barred.

The foregoing does not affect any liability which cannot be excluded or limited under applicable law.

18. Suspension and Termination

We may suspend or terminate your access to the Website or Services, in whole or in part, at any time and without notice if: (a) you breach these Terms; (b) your account has an overdue balance; (c) your use of the Services poses a security risk or may cause Cr3a8 to violate its obligations to any third party; or (d) we are required to do so by law. Upon termination, your right to use the Services will immediately cease. Provisions of these Terms that by their nature should survive termination (including Sections on ownership, indemnification, disclaimers, limitation of liability, and governing law) will survive.

19. Privacy Policy

Our collection and handling of personal information is described in our Privacy Policy. From time to time, Cr3a8 may post additional policies on the Website. You agree to abide by all such policies.

20. Changes to These Terms

We may modify these Terms from time to time. For material changes, we will provide at least thirty (30) days' advance notice to active customers by email or through the Services before the changes take effect. Non-material changes (such as clarifications, typographical corrections, or updates required by law) may take effect immediately upon posting. The "Effective" date at the top of these Terms reflects the most recent update. Your continued use of the Website or Services after the effective date of any change constitutes your acceptance of the updated Terms. If you do not agree to a material change, your sole remedy is to stop using the Services before the effective date.

21. No Agency

No joint venture, partnership, employment, or agency relationship exists between you and Cr3a8 as a result of these Terms or your use of the Website or Services.

22. Assignment

You may not assign, sublicense, or otherwise transfer any of your rights under these Terms, nor delegate any of your duties, without our prior written consent. Cr3a8 may freely assign, sublicense, or transfer its rights or delegate its duties without notice to you, including in connection with a merger, acquisition, or sale of assets.

23. Force Majeure

Cr3a8 shall not be liable for any failure or delay in performance under these Terms due to causes beyond our reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, government actions, Third-Party Provider outages, or internet service provider failures.

24. Enforceability

If any provision of these Terms is found to be invalid or unenforceable, such provision shall be construed to have been adjusted to the minimum extent necessary to cure such invalidity or unenforceability, and the remainder will continue in full force and effect.

25. No Waiver

No waiver by Cr3a8 of any provision of these Terms will be valid or binding unless set forth in writing and duly executed by Cr3a8. Any such waiver constitutes a waiver only with respect to the specific matter described and in no way impairs the rights of Cr3a8 in any other respect or at any other time.

26. Governing Law and Jurisdiction

These Terms are governed by the laws of the State of Washington, without regard to its conflict of laws principles. You agree that any legal action relating to these Terms may take place only in the state or federal courts located in King County, Washington, and you consent and submit to the personal jurisdiction of those courts. Each party waives any right to a trial by jury in any such action.

27. Headings

The headings in these Terms are inserted for convenience only and do not affect the meaning or interpretation of these Terms.

28. Entire Agreement

These Terms, together with our Privacy Policy and any order forms or written agreements referencing these Terms, constitute the entire agreement between Cr3a8 and you with respect to your rights to access and use the Website and Services, and supersede all prior or contemporaneous understandings.

29. Contact

For questions about these Terms, contact us at legal@incanto.app.