Terms of Service

1. Agreement to Terms

By accessing or using Tuco.ai ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these Terms, you may not access or use the Service. These Terms apply to all visitors, users, and others who access or use the Service.

We reserve the right to modify these Terms at any time. We will notify you of any material changes by posting the new Terms on this page and updating the "Last updated" date. Your continued use of the Service after such modifications constitutes acceptance of the updated Terms.

2. Company Information

Tuco.ai is owned and operated by Foxwell & Pierce Group, Inc., a Delaware corporation located at 8 The Green, STE R, Dover, DE 19901, USA. Foxwell & Pierce Group, Inc. is owned by Crewcharge Technologies Private Limited.

When we refer to "Tuco.ai," "we," "our," or "us" in these Terms, we are referring to Tuco.ai and its parent company, Foxwell & Pierce Group, Inc.

3. Description of Service

Tuco.ai provides an iMessage automation platform that enables businesses to send automated messages, manage customer communications, and integrate with third-party services. Our Service includes:

• iMessage automation and messaging capabilities
• Integration with e-commerce platforms (e.g., Shopify)
• Customer relationship management tools
• Analytics and reporting features
• API access for custom integrations
• Customer support and documentation

We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice.

4. Account Registration and Security

3.1 Account Creation

To use certain features of the Service, you must register for an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security of your account credentials
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account

3.2 Account Eligibility

You must be at least 18 years old and have the legal capacity to enter into contracts to use our Service. By registering, you represent and warrant that you meet these requirements.

3.3 Account Termination

We reserve the right to suspend or terminate your account at any time, with or without cause or notice, for any reason, including violation of these Terms or illegal activity.

5. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree NOT to:

• Violate any applicable laws, regulations, or third-party rights
• Send spam, unsolicited messages, or engage in any form of harassment
• Impersonate any person or entity or misrepresent your affiliation with any person or entity
• Interfere with or disrupt the Service or servers connected to the Service
• Attempt to gain unauthorized access to any portion of the Service or other accounts
• Use the Service to transmit viruses, malware, or other harmful code
• Reverse engineer, decompile, or disassemble any part of the Service
• Use automated systems (bots, scrapers) to access the Service without permission
• Collect or harvest information about other users without their consent
• Use the Service in any manner that could damage, disable, or impair our servers or networks
• Violate Apple's Terms of Service or iMessage usage policies
• Violate the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, or other messaging regulations

6. Compliance with Messaging & Privacy Regulations

It is your responsibility to ensure that your use of the Service is GDPR, CCPA, TCPA, A2P (including carrier and platform rules), and otherwise legally compliant. We provide infrastructure, tools, and documentation to support compliant use but do not assume your compliance obligations. You are solely responsible for ensuring that your use of the Service complies with all applicable laws and regulations, including:

• TCPA (Telephone Consumer Protection Act): You must obtain proper consent before sending automated messages and honor opt-out requests.
• CAN-SPAM Act: For email communications, you must comply with CAN-SPAM requirements, including providing opt-out mechanisms.
• GDPR: If you process personal data of EU/EEA residents, you must comply with GDPR requirements.
• CCPA: If you process personal data of California residents, you must comply with CCPA requirements.
• CASL & other laws: Where applicable, Canadian Anti-Spam Legislation (CASL) and other state, national, or international marketing and privacy laws.
• Carrier & A2P: You must comply with carrier guidelines, A2P 10DLC and similar rules, and messaging best practices.
• Apple Terms: You must comply with Apple's Terms of Service and iMessage usage policies.

We reserve the right to suspend or terminate accounts that violate messaging regulations or engage in prohibited activities.

7. User Content and Data

6.1 Your Content

You retain ownership of all content, data, and information you upload, transmit, or store through the Service ("User Content"). By using the Service, you grant us a worldwide, non-exclusive, royalty-free license to use, store, and process your User Content solely for the purpose of providing and improving the Service.

6.2 Your Responsibilities

You are solely responsible for:

• The accuracy, legality, and appropriateness of your User Content
• Obtaining all necessary rights, licenses, and consents for your User Content
• Ensuring your User Content does not infringe on any third-party rights
• Backing up your User Content

6.3 Data Processing

We process your User Content in accordance with our Privacy Policy. You agree that we may use aggregated, anonymized data for analytics, research, and service improvement purposes.

6.4 Data Ownership & Export

You retain full ownership of all contact data and reply data. Upon account closure or at your request, we will export your data to a portable format (e.g., CSV) and/or push it to your connected CRM or other designated system, subject to technical feasibility.

6.5 Confidentiality

Both parties agree to keep confidential any proprietary information learned in connection with the Service, including technical infrastructure details, client lists, pricing, and business strategies, except as necessary to perform the Service or as required by law.

6.6 Data Retention

We may retain your data for a limited period (e.g., 30 days) after account closure for reporting and operational purposes, then delete it unless you request extended retention in writing.

8. Intellectual Property

7.1 Our Intellectual Property

The Service, including its original content, features, functionality, design, logos, trademarks, and software, is owned by Tuco.ai and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the Service without our prior written consent.

7.2 License to Use

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes, subject to these Terms.

9. Payment Terms

8.1 Subscription Fees

Access to certain features of the Service requires payment of subscription fees. Fees are billed in advance on a monthly or annual basis, as selected during registration. All fees are non-refundable except as required by law or as explicitly stated in our refund policy.

8.2 Price Changes

We reserve the right to modify our pricing at any time. We will provide at least 30 days' notice of any price increases. Price changes will apply to your next billing cycle.

8.3 Payment Processing

Payments are processed by third-party payment processors. You agree to provide accurate payment information and authorize us to charge your payment method for all fees owed.

8.4 Overdue Payments

If payment is not received by the due date, we may suspend or terminate your access to the Service. You remain responsible for all fees incurred during the suspension period.

10. Third-Party Services and Integrations

The Service may integrate with third-party services (e.g., Shopify, CRM systems, messaging platforms). Your use of third-party services is subject to their respective terms of service and privacy policies. We are not responsible for the availability, accuracy, or practices of third-party services, including but not limited to: Apple's iMessage service, CRM or marketing APIs, or your own network or infrastructure.

You are responsible for maintaining the security of your third-party service credentials and authorizing our access to such services.

11. Service Availability and Modifications

We strive to provide reliable service but do not guarantee that the Service will be available 100% of the time. Messaging channels (e.g., iMessage or other platforms) may flag or restrict accounts without notice; we will use commercially reasonable efforts to replace or restore affected infrastructure at no additional cost but cannot guarantee zero downtime. The Service may be unavailable due to:

• Scheduled maintenance
• Unscheduled maintenance or updates
• Technical issues or failures
• Third-party service outages or platform policy changes
• Force majeure events

We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice.

12. Disclaimers and Limitations of Liability

12.1 Service "As Is"

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES of MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY.

12.2 No Performance Guarantees

We make no guarantees regarding specific reply rates, positive reply rates, conversion outcomes, or deliverability. Results depend on factors including but not limited to: list quality, message copy, offer strength, target audience receptiveness, and platform or carrier actions.

12.3 List and Audience Quality

Where we verify messaging capability (e.g., iMessage) before sending, we may notify you and adjust volume expectations if a significant portion of your list does not meet capability or quality thresholds. You remain responsible for the accuracy, legality, and appropriateness of your contact data.

12.4 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TUCO.AI'S TOTAL LIABILITY UNDER THESE TERMS SHALL NOT EXCEED THE TOTAL FEES YOU PAID TO US IN CONNECTION WITH THE SERVICE.

NEITHER PARTY SHALL BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, USE, OR BUSINESS OPPORTUNITIES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12.5 Client Compliance & Data Responsibility

You represent, warrant, and agree that: (a) your message content complies with all applicable laws, including CAN-SPAM, TCPA (where applicable), state and international marketing and privacy laws (e.g., GDPR, CCPA, CASL); (b) you are solely responsible for all contact data you provide, including its accuracy, legality of use, and compliance with privacy and marketing laws; (c) you will indemnify and hold Tuco.ai harmless from any claims, fines, or legal actions arising from your use of contact data or message content. We are not responsible for your compliance with marketing laws, data privacy regulations, or any claims arising from your contact list or messaging practices; you assume full legal responsibility for all data and content you provide.

13. Indemnification

You agree to indemnify, defend, and hold harmless Tuco.ai, its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, and expenses (including legal fees) arising out of or relating to:

• Your use of the Service
• Your violation of these Terms
• Your violation of any law or regulation (including marketing and data privacy laws such as TCPA, CAN-SPAM, GDPR, CCPA, CASL)
• Your User Content, contact data, or message content
• Your infringement of any third-party rights
• Any claims, fines, or actions arising from your contact list, messaging practices, or compliance obligations

14. Termination

14.1 Termination by You

You may terminate your account at any time with written notice to us. Fees already paid are non-refundable. Upon termination, we will cease all sending and processing on your behalf promptly, and your access to the Service will end. We may delete your account and User Content in accordance with our data retention policies.

14.2 Termination by Us

We may terminate or suspend your account if you fail to provide required materials (e.g., contact list, sender details) within a reasonable time after the agreed timeline, if you fail to pay amounts due within the stated payment period (e.g., within 10 days of invoice date), or for violation of these Terms, non-payment, or illegal activity.

14.3 Mutual Termination

Both parties may agree to terminate if technical or other issues prevent continued provision or use of the Service.

14.4 Effect of Termination

Upon termination, all rights and licenses granted to you will immediately cease. Sections of these Terms that by their nature should survive termination will survive, including Sections 7, 8, 12, 13, and 15.

15. Dispute Resolution

15.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

15.2 Dispute Resolution Process

Any disputes arising out of or relating to these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except where prohibited by law. You waive your right to a jury trial and to participate in class action lawsuits.

16. General Provisions

16.1 Independent Contractors

You and Tuco.ai are independent contractors. These Terms do not create a partnership, joint venture, employment, or agency relationship.

16.2 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Tuco.ai regarding the Service and supersede prior discussions or agreements.

16.3 Amendments

Any change to these Terms must be made in writing and agreed by both parties (or, for our standard Terms, by posting the updated Terms on this page and updating the "Last updated" date; your continued use constitutes acceptance).

16.4 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full effect.

16.5 Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision.

16.6 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms without restriction.

16.7 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, or internet or third-party service failures.

17. Contact Information

If you have questions about these Terms, please contact us: