Last updated: November 28, 2025
This End User License Agreement (this “Agreement” or “EULA”) governs Your use and acquisition of the Tough Customer applications and services (collectively, the “ToughCustomer App” or “Services”) identified during the ordering process. Once accepted, a copy of this Agreement may be made available to ToughCustomer.ai. This Agreement becomes effective as of the date last signed or otherwise accepted (the “Effective Date”).
BY ACCEPTING THIS AGREEMENT, OR BY EXECUTING A MASTER AGREEMENT THAT CONTAINS OR INCORPORATES THIS AGREEMENT, OR BY ACCESSING OR USING THE SERVICES (INCLUDING VIA SALESFORCE, SLACK, OR THE WEB), YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES.
Upon acceptance of this Agreement, You are granted the rights set forth herein to access and use the proprietary ToughCustomer.ai technology used to deliver the Services.
You may not access the Services if You are a direct competitor of ToughCustomer.ai. In addition, You may not access the Services for purposes of monitoring their availability, performance, or functionality, or for any other benchmarking or competitive purposes.
“Affiliate” means any entity that directly or indirectly controls, is controlled by, or is under common control with a party, where “control” means direct or indirect ownership or control of more than 50% of the voting interests of the entity.
“AppExchange” means the Salesforce.com online directory of applications that interoperate with Salesforce.com, currently located at http://www.salesforce.com/appexchange or any successor site.
“Slack Marketplace” means the Slack app directory or marketplace where Slack-integrated applications are listed and may be installed into Slack workspaces.
“Web Application” or “Web Interface” means the ToughCustomer.ai web-based interface, including any browser-based or mobile web access points, that ToughCustomer.ai makes available to You outside of Salesforce or Slack.
“Order Form” means the document(s) for placing orders for the Services, including addenda and supplements, entered into between You (or Your Affiliate) and ToughCustomer.ai (or a Partner/Reseller). By entering into an Order Form, an Affiliate agrees to be bound by this Agreement as if an original party. Order Forms are incorporated herein by reference.
“Org”, “Sandbox Org” or “Production Org” means the virtual space (instance) provided by Salesforce.com to You that includes Your Salesforce data, customizations and applications and is used in connection with the Services. A “Production Org” is Your production environment; a “Sandbox Org” is a developer or test instance.
“Purchased Services” means Services that You or Your Affiliates purchase from ToughCustomer.ai (or via a Partner or Reseller) under an Order Form.
“Slack Workspace” means a Slack team, organization, or workspace under Your control into which the ToughCustomer App is installed.
“ToughCustomer App” means the ToughCustomer.ai Software Product made available as a service (including all Editions and versions) across Salesforce, Slack, and Web.
“Services” or “Software Product” means the online, web-based, and integrated applications provided by ToughCustomer.ai via Salesforce AppExchange, Slack Marketplace, and/or other designated websites or APIs, that are ordered by You under an Order Form, including associated maintenance and support.
“Subscription Term” means the subscription period indicated on the relevant Order Form during which You are authorized to use the Services.
“Term” means collectively the Subscription Term(s) and the overall term of this Agreement.
“User Guide” means the online user documentation for the Services, accessible at a URL designated by ToughCustomer.ai (e.g., the Tough Customer App User Guide), as updated from time to time.
“Users” means individuals who are authorized by You to use the Services, for whom subscriptions to a Service have been ordered, and who have been supplied user identifications and passwords or are otherwise provisioned access by You (or by ToughCustomer.ai at Your request). Users may include, without limitation, Your employees, consultants, contractors, agents, and third parties with which You transact business.
“Licensor” means ToughCustomer.ai.
“You,” “Your,” or “Licensee” means the company or other legal entity for which you are accepting this Agreement, and its Affiliates.
“Your Data” means electronic data and information submitted by or for You to the Services or collected, processed, or generated by or for You using the Services (including data accessed from Salesforce, message content from Slack, and data entered via the Web Application).
“Third-Party Platforms” means Salesforce.com, Slack Technologies, LLC (or its affiliates), and any other non-ToughCustomer.ai platforms, applications, or services with which the Services may interoperate or integrate.
Subject to this Agreement and the applicable Order Form, ToughCustomer.ai grants to You during the Subscription Term a non-exclusive, non-transferable, non-sublicensable, worldwide right to access and use the Services (including via Salesforce, Slack, and the Web Application) solely for Your internal business purposes. The ToughCustomer App is licensed, not sold. No title or ownership in the Services or related source code is transferred to You.
You shall:
You shall not:
If You wish to add additional Users or capacity during a Subscription Term, You must submit an additional Order Form or purchase through an authorized channel. Upon mutual execution, ToughCustomer.ai will provision such additional access pursuant to this Agreement and the applicable Order Form. All Users within the same Org or Slack Workspace must be on the same Edition of the Service (e.g., You may not mix “Free” and “Unlimited” Editions in the same Org/Workspace).
Services may be subject to internal and external limitations.
These external limitations may change without notice and may impact the Services. You accept that such limitations may negatively affect performance, availability, or feature behavior.
ToughCustomer.ai may publish a list of currently known limitations at a URL it designates. Such limitations are subject to change at ToughCustomer.ai’s sole discretion at any time.
All Users and additional Users within a given Org and/or Slack Workspace must be on the same Edition. Purchased Subscriptions will not be subject to feature reductions during the Subscription Term unless You elect to install or enable a new release or Edition. By installing or enabling such release, You agree to be subject to the features and limitations of that Edition at the time of install. Downgrading between Editions during a Subscription Term is not permitted.
“ToughCustomer App Free” and any free or trial editions are offered at ToughCustomer.ai’s discretion and may be withdrawn or changed without notice.
Support services are provided in accordance with ToughCustomer.ai’s then-current support policies as referenced in the applicable Order Form (e.g., “Standard Support” or “Premier Support”) and posted at a URL designated by ToughCustomer.ai. ToughCustomer.ai may modify support offerings from time to time, with such changes becoming effective upon posting.
Upgrades, enhancements, and bug fixes (“Modifications”) to the Services are part of the Services and subject to this Agreement and applicable Order Forms. ToughCustomer.ai may require You to upgrade to a current release to resolve issues. ToughCustomer.ai makes no commitment regarding future feature suitability or backward compatibility. You assume all risks associated with upgrading, including interoperability and compatibility risks with Third-Party Platforms and Your internal systems.
You agree that Your purchases are not contingent upon the delivery of any future functionality or features, or dependent on any oral or written public comments made by ToughCustomer.ai regarding future functionality or features.
If any amounts due under this or any other agreement for the Services are more than thirty (30) days overdue, ToughCustomer.ai may, without limiting its other rights and remedies, suspend provision of the Services until such amounts are paid in full. Any such suspension will not relieve You of Your payment obligations.
This Agreement commences on the Effective Date and continues until all User subscriptions under all Order Forms have expired or been terminated. If You use the Services under a free trial and do not purchase a subscription prior to the end of that trial, this Agreement will terminate at the end of the trial. ToughCustomer.ai may terminate or limit free trials at any time without notice.
User subscriptions commence on the start date specified in the applicable Order Form and continue for the Subscription Term specified therein.
ToughCustomer.ai may terminate this Agreement or any affected Service for cause:
You may terminate for cause upon thirty (30) days written notice if ToughCustomer.ai materially breaches this Agreement and fails to cure such breach within the notice period.
Upon termination or expiration of this Agreement or any subscription:
Sections 2 (Services), 4 (Term and Termination), 5 (Non-ToughCustomer.ai Providers), 6 (Proprietary Rights), 7 (Acceptable Use Policy), 8 (Limited Liability), 9 (Warranty), 10 (Data Protection & Privacy), 11 (Confidentiality), 12 (Indemnification), 13 (Severability), 14 (General Provisions), and 15 (Governing Law, Jurisdiction, Venue and Notices) shall survive any termination or expiration of this Agreement.
Third parties may make available products or services that interoperate with or are used in connection with the Services (including Salesforce, Slack, and other integrations). Any acquisition by You of such non-ToughCustomer.ai products or services, and any exchange of data between You and such third parties, is solely between You and the applicable provider. ToughCustomer.ai does not warrant or support non-ToughCustomer.ai products or services, even if designated by ToughCustomer.ai as “certified” or “recommended.”
Except for required prerequisites (e.g., a supported Salesforce license, Slack Workspace, computing device, operating system, browser, and Internet connection), no purchase of non-ToughCustomer.ai products is required to use the Services.
If You choose to install or enable a non-ToughCustomer.ai application or integration for use with the Services, You acknowledge that ToughCustomer.ai may allow the provider of that application to access Your Data as required for interoperation. ToughCustomer.ai is not responsible for any disclosure, modification, or deletion of Your Data resulting from such access. You may restrict such access by controlling which Users can install or enable such applications and by managing permissions in Salesforce, Slack, or other Third-Party Platforms.
The Services may include optional features designed to interoperate with Third-Party Platforms such as Salesforce and Slack. To use such features, You may be required to obtain access to the relevant Third-Party Platform from its provider. If the provider ceases to make the platform or APIs available on reasonable terms, ToughCustomer.ai may discontinue the affected features without any obligation to provide a refund, credit, or other compensation.
Subject to the limited rights expressly granted herein, ToughCustomer.ai and its licensors reserve all rights, title, and interest in and to the Services, including all related intellectual property rights. No rights are granted to You other than as expressly set forth in this Agreement.
You shall not:
If You or Your Users create templates, configurations, prompts, or program code using the Services, You grant ToughCustomer.ai a non-exclusive, worldwide, royalty-free license to host, copy, transmit, display, and adapt such items solely as necessary to provide the Services. If ToughCustomer.ai assists in creating or modifying such content, ToughCustomer.ai may, unless otherwise agreed in writing, reuse de-identified or generalized versions for product improvement, provided no confidential or identifying information is disclosed.
You and Your Users shall use the Services solely as identified in the applicable Order Forms and in compliance with this AUP. Without limiting the foregoing, You agree that:
An Order Form may contain specific usage limits (e.g., user counts, scenario counts, storage limits, conversation volumes). Usage in excess of such limits may result in performance restrictions and/or commercial review. ToughCustomer.ai reserves the right to pause, throttle, or stop Your use of the Services if: (a) You exceed Your defined usage limits, or (b) Your usage materially deviates from the intended use and pricing model and the parties cannot agree on remediation within forty-five (45) days of notice (or at renewal, whichever comes first).
TO THE MAXIMUM EXTENT PERMITTED BY LAW, TOUGHCUSTOMER.AI SHALL NOT BE LIABLE TO LICENSEE FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, OR BUSINESS OPPORTUNITY, OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE USE OR INABILITY TO USE THE SOFTWARE PRODUCT, EVEN IF TOUGHCUSTOMER.AI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WITHOUT LIMITING THE FOREGOING, LICENSEE AGREES THAT TOUGHCUSTOMER.AI SHALL NOT BE RESPONSIBLE FOR ANY LOSSES IN CONNECTION WITH THE SOFTWARE PRODUCT INCLUDING, BUT NOT LIMITED TO, LOSS OR CORRUPTION OF DATA, LOSS OF SOFTWARE PRODUCT FUNCTIONALITY, OR EMPLOYEE PRODUCTIVITY LOSSES, EVEN IF SUCH LOSSES ARE ALLEGEDLY CAUSED BY THE SOFTWARE PRODUCT OR A SECURITY BREACH RELATED TO THE SOFTWARE PRODUCT.
IN NO EVENT SHALL TOUGHCUSTOMER.AI’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNTS ACTUALLY PAID BY LICENSEE FOR THE SERVICES GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS PRECEDING THE FIRST EVENT GIVING RISE TO LIABILITY.
THE FOREGOING DISCLAIMERS AND LIMITATIONS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
THE SERVICES AND SOFTWARE PRODUCT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TOUGHCUSTOMER.AI AND ITS LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
LICENSEE ACKNOWLEDGES THAT ITS PURCHASING DECISION IS BASED SOLELY ON EXISTING FEATURES AND FUNCTIONALITY AT THE TIME OF PURCHASE. TOUGHCUSTOMER.AI HAS MADE NO PROMISE THAT THE SOFTWARE PRODUCT WILL PERFORM BEYOND WHAT IS DESCRIBED IN THE PURCHASED SERVICES OR DOCUMENTATION.
LICENSEE UNDERSTANDS AND ACCEPTS THAT OUTAGES, INTERRUPTIONS, AND FUTURE INCOMPATIBILITIES MAY ARISE BETWEEN THE SOFTWARE PRODUCT AND ANY DEPENDENT OR INDEPENDENT COMPUTER APPLICATIONS, PLATFORMS, OR SYSTEMS (INCLUDING SALESFORCE, SLACK, AND OTHER THIRD-PARTY PLATFORMS). LICENSEE ASSUMES ALL RISK THAT ANY SUCH DEPENDENCIES COULD AFFECT THE SOFTWARE PRODUCT IN UNINTENDED OR UNDESIRABLE WAYS OR RENDER THE SOFTWARE PRODUCT INOPERABLE.
ToughCustomer.ai will handle Your Data in accordance with its then-current privacy policy and any applicable data processing terms referenced in the Order Form. You are responsible for providing any required notices to, and obtaining any required consents from, data subjects whose personal data is processed in connection with the Services, including via Salesforce, Slack, and the Web Application.
Where required by law, the parties may enter into a separate Data Processing Agreement (DPA), which shall form part of this Agreement.
Each party may disclose to the other certain non-public information identified as confidential or that should reasonably be understood to be confidential given the nature of the information and the circumstances of disclosure (“Confidential Information”). Each party agrees to use the other party’s Confidential Information only as necessary to perform its obligations under this Agreement and to protect it using reasonable care. Confidential Information shall not include information that is: (i) publicly available through no fault of the recipient; (ii) already known to the recipient without restriction; (iii) lawfully received from a third party without restriction; or (iv) independently developed by the recipient without use of or reference to the disclosing party’s Confidential Information.
You shall indemnify, defend, and hold harmless ToughCustomer.ai and its officers, directors, employees, and agents from and against any third-party claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (i) Your use of the Services in breach of this Agreement or applicable law; (ii) Your Data or content (including any allegation that such data or content infringes or misappropriates a third party’s rights or violates applicable law); or (iii) Your use of Third-Party Platforms in connection with the Services.
ToughCustomer.ai shall indemnify You for third-party claims alleging that the Services, as provided by ToughCustomer.ai and used by You in accordance with this Agreement, infringe a valid intellectual property right, subject to customary exclusions (e.g., combinations with non-ToughCustomer.ai products, modifications not made by ToughCustomer.ai, or use in breach of this Agreement). ToughCustomer.ai may, at its option, (a) procure the right for You to continue using the Services, (b) replace or modify the Services to make them non-infringing, or (c) terminate the affected Services and refund any prepaid, unused fees for the remainder of the Subscription Term.
If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, that provision shall be modified to reflect the parties’ intent as closely as possible, and the remaining provisions of this Agreement shall remain in full force and effect.
This Agreement shall be governed by and construed in accordance with the laws of [GOVERNING LAW JURISDICTION, e.g., THE STATE OF CALIFORNIA, U.S.A.], without regard to its conflict of law principles.
The parties agree that any disputes arising out of or relating to this Agreement shall be resolved exclusively in the state or federal courts located in [SPECIFIC COUNTY/REGION, e.g., SAN FRANCISCO COUNTY, CALIFORNIA], and each party consents to the personal jurisdiction of such courts.
All notices under this Agreement shall be in writing and shall be deemed given when delivered personally, sent by recognized overnight courier, or sent by email with confirmation of receipt, to the addresses specified in the applicable Order Form or as later updated in writing.