Terms of Service and End User License Agreement

This Terms of Service and End User License Agreement ("Terms") governs your access to and use of the Crescaa mobile application, website, platform, AI coaching modules, and all associated software, features, content, and services (collectively, the "Service"). By creating an account, downloading the application, or otherwise interacting with the Service, you explicitly acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety. If you are entering into these Terms on behalf of a company, employer, or other legal entity ("Enterprise Customer"), you represent and warrant that you possess the full legal authority to bind such entity to these Terms. If you do not possess such authority, or if you do not agree to these Terms, you are strictly prohibited from accessing or using the Service.

You must be at least sixteen (16) years of age to access or use the Service. By registering an account, you represent and warrant that you meet this minimum age requirement and possess the legal capacity to form a binding contract under applicable law. To utilize the Service, you must create a secure user account ("Account"). You agree to provide accurate, current, and complete information during the registration process and to maintain the absolute accuracy of such information. You are solely responsible for safeguarding your Account credentials. You accept exclusive liability for any and all activities, actions, or omissions that occur under your Account. You must immediately notify the Company at legal@crescaa.app upon discovering any unauthorized use or security breach.

Crescaa is an educational microlearning and behavioral coaching tool designed to help managers develop their leadership skills through simulated scenarios and generalized tracking. It is not a formal Human Resources Information System (HRIS) and must not be used as the official system of record for employee performance, payroll, or disciplinary action.

Employer NDAs: You represent and warrant that you have the legal right, authority, and necessary permissions from your employer or organization to utilize Crescaa and input operational data into the Service. You are solely responsible for ensuring that your use of Crescaa does not violate any internal corporate confidentiality agreements, Non-Disclosure Agreements (NDAs), or employer policies regarding third-party software. Crescaa is strictly an independent educational tool and is not liable for any breach of your internal corporate agreements.

Individual Users (B2C Consumers): Individuals who purchase or access the Service directly for personal management development. B2C users are strictly bound by the Mandatory Pseudonymization requirements outlined in Section 7.

Enterprise Users (B2B Authorized Users): Individuals granted access to the Service via an enterprise subscription purchased by an employer. Your access and data inputs are subject to the master agreement and Data Processing Addendum (DPA) executed between the Company and your employer.

The Service, including its user interfaces, designs, logic, source code, text, graphics, training scenarios, frameworks, and AI-generated underlying structures (collectively, "Company IP"), is the exclusive property of the Company. Subject to your continuous compliance with these Terms, the Company grants you a limited, personal, revocable, non-exclusive, non-transferable license to use the Service strictly for your professional development or authorized enterprise use. You shall not copy, modify, distribute, reverse-engineer, or attempt to extract the source code of the Service.

You retain ownership of any performance metrics, target goals, or other unstructured textual data you input through the Service ("User Content"). You grant the Company a worldwide, royalty-free, fully paid-up, perpetual license to host, store, transmit, and process User Content solely for the technical execution, AI processing, and maintenance of the Service. If you provide feature requests or feedback, you automatically assign all rights in such feedback to the Company.

The Service features tools—including the AI Coach, 1:1 notes, and performance trackers—that allow you to input behavioral observations and scenarios regarding your direct reports or team members ("Third-Party Data"). Because this data is processed by our servers and third-party AI APIs to generate coaching recommendations, the following rules are absolute and non-negotiable:

A. The B2C Pseudonymization Mandate: Crescaa is designed to operate using abstracted identifiers. The application interface explicitly requests that you input an "Alias" or "Nickname" (e.g., "Agent A"). If you are a B2C Consumer user, you are strictly prohibited from inputting Personally Identifiable Information (PII) regarding any third party into the Service. You shall not input full legal names, personal or corporate email addresses, physical addresses, or employee identification numbers.

B. The B2B Enterprise Exemption: If you are a B2B Authorized User, you may input identifying information about direct reports only if your Enterprise Customer (your employer) has explicitly authorized it and established a lawful basis for processing such data under a finalized DPA with the Company.

C. Absolute User Warranty & Indemnification: By inputting any Third-Party Data into the Service, you represent and warrant that: (i) you have fully pseudonymized the data (if you are a B2C user), and (ii) you possess the lawful right, authority, and valid legal basis under applicable privacy laws (including GDPR and CCPA) to process such information. The Company functions strictly as a secure hosting and processing infrastructure. You agree to assume 100% of the liability and fully indemnify, defend, and hold Crescaa harmless from any civil lawsuits, employment grievances, or regulatory fines (including data protection authority penalties) arising from your failure to pseudonymize Third-Party Data, your deliberate entry of PII against the application's UI instructions, your unauthorized data collection, or your breach of this Section.

Crescaa open-text fields are designed exclusively for your synthesized, abstracted notes. To protect third-party privacy, you are strictly prohibited from copying and pasting raw, unredacted corporate documents into the Service. This includes, but is not limited to, raw customer service transcripts, chat logs, unredacted QA scorecards containing customer or agent identifiers, or official company performance reviews.

The Service incorporates an artificial intelligence-driven coaching assistant ("AI Coach"). Your interaction with the AI Coach is subject to the following operational conditions:

Educational Use Only: The AI Coach delivers automated management suggestions for educational purposes only. These outputs do not constitute formal HR advice, legal counsel, or psychological evaluation.

Not for Formal HR Action: The generated insights, profiles, and suggested communication strategies must not be used as the sole basis for formal Human Resources decisions, disciplinary actions, performance improvement plans (PIPs), or terminations.

The Human-in-the-Loop Imperative: You are strictly prohibited from relying automatically on AI Coach outputs. Every management action you take must be independently reviewed and validated by human judgment. The Company disclaims all liability for employment disputes or legal claims resulting from your application of AI Coach suggestions.

The Accuracy Risk: Generative AI is susceptible to hallucinations. You acknowledge that AI Coach outputs may be incorrect, biased, or inappropriate for your specific workplace environment.

Crescaa may display advertisements provided by third parties. Crescaa does not endorse, control, or take responsibility for the content, accuracy, legality, or safety of third-party advertisements or the websites they link to. Your interactions with advertisers found on Crescaa are solely between you and the advertiser.

Certain functional tiers require a paid subscription.

Automatic Renewal: To prevent service interruptions, Subscriptions auto-renew automatically under the exact same terms unless canceled at least twenty-four (24) hours prior to the end of the current billing cycle.

No-Refund Policy: All fees are entirely non-refundable, except as explicitly required by applicable regional consumer protection laws or the internal developer policies of Apple and Google.

If you downloaded the Service via the Apple App Store or Google Play Store:

These Terms are executed solely between you and the Company. Apple and Google assume no obligation to furnish maintenance or support for the application.

Apple and Google are third-party beneficiaries of these Terms and maintain the legal right to enforce these provisions against you directly.

The Company reserves the right to modify, restrict, or discontinue any feature of the Service at any time. We may update these Terms from time to time. Your continued utilization of the Service following the publication of revised Terms establishes your binding acceptance of the updates.

The Company reserves the right to suspend or permanently terminate your Account and access to the Service at any time, with or without cause, and without prior notification, if we suspect you are in violation of these Terms, the Pseudonymization Mandate, or applicable law.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY EXPLICITLY DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND SECURITY. WE DO NOT WARRANT THAT THE AI COACH RECOMMENDATIONS WILL BE ACCURATE, RELIABLE, OR COMPLIANT WITH YOUR LOCAL EMPLOYMENT LAWS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CRESCAA BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, WORKPLACE GOODWILL, WRONGFUL TERMINATION LEGAL ACTIONS, OR EMOTIONAL DISTRESS ARISING OUT OF YOUR USE OF THE SERVICE. THE TOTAL AGGREGATE LIABILITY OF THE COMPANY SHALL BE STRICTLY LIMITED TO THE GREATER OF: (A) THE TOTAL FEES ACTUALLY PAID BY YOU TO THE COMPANY IN THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

You agree to indemnify, defend, and hold harmless the Company, its affiliates, officers, and employees from any third-party claims, liabilities, regulatory fines, or expenses arising directly or indirectly from: (a) your violation of these Terms; (b) your failure to pseudonymize data as required in Section 7; (c) your violation of internal corporate confidentiality agreements; (d) employment disputes brought by your team members resulting from decisions influenced by the Service; or (e) your violation of applicable privacy frameworks.

The Company makes no representation that the tools, frameworks, or AI features provided herein comply with your localized employment statutes or union bargaining terms. You are strongly advised to consult localized legal counsel to validate your operational configuration within your jurisdiction.

These Terms shall be governed exclusively by, and construed in accordance with, the laws of the Republic of Armenia, without giving effect to any principles of conflicts of law.

Informal Dispute Resolution: You and the Company agree to first attempt to resolve disputes informally by submitting a formal summary to legal@crescaa.app.

Mandatory Binding Arbitration: If unresolved within sixty (60) days, the dispute shall be finally resolved by binding arbitration in accordance with the rules of the Arbitration Courts of the Republic of Armenia. The language of the arbitration shall be English.

Class Action Waiver: ALL CLAIMS MUST BE BROUGHT SOLELY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.

If any provision of these Terms is deemed invalid or unenforceable, that specific section shall be severed, and its invalidity shall not affect the enforceability of the remaining provisions. Our failure to assert any right under these Terms shall not be construed as a waiver.

Crescaa

Legal Operations Team: legal@crescaa.app