Terms of Service

Last updated:

These terms govern your use of Cresca, including the website at www.cresca.xyz, the app at app.cresca.xyz and the Cresca API. Please read them together with our Privacy Policy.

1. Agreement

By creating an account or using Cresca, you agree to these terms. If you use Cresca on behalf of a company or other organization, you confirm that you are authorized to accept these terms for it, and “you” includes that organization. If you do not agree, do not use Cresca. Our Privacy Policy explains how we handle personal information.

2. Accounts and eligibility

  • You must be at least 18 years old and able to form a binding contract.
  • Provide accurate information, including a real company name and postal address before sending, and keep it up to date.
  • Keep your password and API keys confidential. You are responsible for activity under your account. Tell us promptly at hello@cresca.xyz if you suspect unauthorized access.

3. Plans, billing and cancellation

  • Current plans, prices and usage limits are shown on our pricing page. Limits are enforced automatically; when you reach a limit, further contacts, emails or campaigns are blocked until your plan renews or you upgrade.
  • The Free plan is a one-time allowance that lasts 30 days from signup. When it ends, its limits drop to zero and you need a paid plan to keep sending. Your account and data remain available.
  • Paid plans are billed in advance in US dollars and renew automatically each billing period until cancelled. Payments are processed by our payment provider, Dodo Payments, and applicable taxes may be added at checkout.
  • You can cancel at any time. Cancellation takes effect at the end of the current paid period; you keep paid features until then, after which your account moves to the Free plan. If your 30-day Free allowance has already ended, sending stops until you subscribe again.
  • If a payment fails or a subscription is put on hold, paid features are suspended until payment succeeds.
  • If you believe you were charged in error, contact hello@cresca.xyz and we will review it. Refunds are issued at our discretion or where required by law. A refunded or disputed payment ends access to the paid features it covered.
  • We may change prices or plan limits. We will give paying customers advance notice of a price increase, which applies from the next billing period.

4. Acceptable use and anti-spam rules

Cresca is for permission-based email marketing. Spam harms recipients and every other Cresca sender, so these rules are strict. You must:

  • Only email people who have given you permission, or where you otherwise have a lawful basis under the laws that apply to you and your recipients (for example CAN-SPAM, GDPR, CASL or similar laws).
  • Not use purchased, rented, scraped or harvested lists, and not send to addresses you have no relationship with.
  • Use accurate sender names, subject lines and postal addresses, and not remove or hide the unsubscribe link Cresca adds. Honor unsubscribes; do not re-add unsubscribed contacts without fresh consent.
  • Not send content that is illegal, fraudulent, deceptive, phishing, malware, hateful, harassing, sexually explicit, or that infringes others’ rights.
  • Not attempt to bypass plan limits, security controls or suppression lists, probe or disrupt the service, or access other users’ data.
  • Not resell or provide Cresca to third parties without our written permission.

5. Sending limits and deliverability

  • To protect deliverability for all users, Cresca blocks sends to addresses that have hard-bounced or complained, and to contacts that are invalid, unsubscribed or high risk.
  • We may pause sending for an account, a sending domain or the platform when bounce or complaint rates exceed safe thresholds, and may require you to clean a list before sending resumes.
  • We work to maintain good deliverability, but no email provider can guarantee that messages reach the inbox; delivery depends on recipients’ mail providers, your list and your content.

6. Your content and data

You own the contact lists, emails, templates, images and other content you put into Cresca (“your content”). You give us permission to host, copy, process and transmit your content only as needed to provide, secure and improve the service and as described in our Privacy Policy. You are responsible for your content and for having the rights and permissions needed to use it, including consent to email your contacts.

7. AI-generated content

Cresca uses third-party AI models to generate and check email content. AI output can be inaccurate, incomplete or similar to content generated for others. Review AI-generated content before sending it; you are responsible for what you send, including claims you make to your recipients.

8. Third-party services

Cresca relies on and connects to services we do not control, such as our email sending, payment and AI providers, Google sign-in and Cloudflare. Your use of those services may also be subject to their terms. We are not responsible for third-party services.

9. Our intellectual property

Cresca, including its software, design, templates we provide and branding, belongs to us and our licensors. We grant you a limited, non-exclusive, non-transferable right to use Cresca under these terms. Do not copy, modify, reverse-engineer or create derivative works of the service except as the law allows. If you send us feedback, we may use it without obligation to you.

10. Suspension and termination

  • We may suspend or ban an account, revoke its API keys and stop its sending if we reasonably believe it violates these terms, creates risk for other users or our infrastructure, or is required by law. Where appropriate we will tell you why. If a paid account is banned for a violation, we may cancel its subscription immediately.
  • You can stop using Cresca at any time and delete your account in the app. Deleting your account deactivates it; see our Privacy Policy for how to have your data erased.
  • Sections that by their nature should survive termination, including content ownership, disclaimers, limitation of liability and indemnity, survive.

11. Disclaimers

Cresca is provided “as is” and “as available”. To the extent the law allows, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement. We do not promise that the service will be uninterrupted or error-free, or that any campaign will achieve particular results.

12. Limitation of liability

To the extent the law allows, Cresca will not be liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or goodwill. Our total liability for any claim relating to the service is limited to the greater of the amount you paid us in the 12 months before the claim arose or US$100. Some jurisdictions do not allow these limits, so they may not apply to you.

13. Indemnity

You agree to defend and indemnify Cresca against claims, losses and costs (including reasonable legal fees) arising from your content, the emails you send, or your breach of these terms or of applicable law.

14. Changes to the service and these terms

We may change or discontinue features. We may update these terms and will revise the “Last updated” date above; for material changes, we will notify account holders by email before they take effect. Continuing to use Cresca after changes take effect means you accept them.

15. Contact

Questions about these terms: hello@cresca.xyz.