Terms of Service

Who we are

Cuflo is a marketing platform operated by SME Growth Limited (NZBN 9429051641706), a New Zealand company. In these terms, “we”, “us” and “Cuflo” mean SME Growth Limited, and “you” means the business using the platform and the people it authorises to use it.

Questions about these terms go to hello@smegrowth.ai.

Agreeing to these terms

By using Cuflo you agree to these terms. If you are agreeing on behalf of a business, you confirm you have the authority to do so. If you do not agree, do not use the platform.

Where we have a separate signed agreement with you, that agreement takes precedence over these terms wherever the two differ.

What Cuflo does

Cuflo brings your brand knowledge, marketing data and content production into one workspace. Depending on what you have switched on, that can include a knowledge hub, reporting across connected marketing accounts, content and creative drafting, email campaigns, review and approval workflows, and task management.

We add, change and retire features over time. We will not remove something you rely on without reasonable notice.

Your account

• Keep your login credentials secure and do not share them.
• You are responsible for what the people you invite do in your workspace.
• Tell us promptly if you believe an account has been accessed without authorisation.
• Accounts are for named people. Do not create a shared login for a team where individual accounts are available.

Who owns what

You own your content. Everything you put into Cuflo or connect to it stays yours: your brand information, your customer and campaign data, your images and documents, and the content produced from them in your workspace.

We own the platform. The software, its design and the underlying capability remain ours. Using Cuflo does not transfer any ownership of the platform to you, and building a feature for one customer does not make that feature exclusive to them unless we have agreed that separately in writing.

You grant us the limited permission we need to run the service for you: to store, process and display your content inside your workspace, and to pass the necessary parts of it to the third-party services listed in our Privacy Policy.

Your data, and AI

Three commitments, in plain terms:

• We do not sell your data.
• We do not use your data to train AI models, ours or anyone else’s.
• We do not share your data beyond the service providers named in our Privacy Policy, each of which is engaged to deliver part of the service.

Cuflo uses AI to draft content, summarise data and make suggestions. AI output can be wrong, and it is a draft until a person approves it. Customer-facing work drafts first and waits for approval. Where you switch on automatic sending for a specific tool, you remain responsible for what goes out under your name, and you can turn it off at any time.

You are responsible for checking that content is accurate, legal and appropriate before it is published or sent.

Connected accounts

Cuflo connects to third-party services such as advertising, email, accounting and analytics platforms when you authorise it. You must have the right to connect any account you connect. Those services have their own terms, and we are not responsible for their availability, their pricing or changes they make to their own interfaces.

You can disconnect any connected account at any time from your settings.

Acceptable use

Do not use Cuflo to:

• Send unsolicited bulk email, or message people who have not consented or who have opted out.
• Publish content that is unlawful, misleading, defamatory or infringes someone else’s rights.
• Impersonate a person or organisation, or misrepresent who a message is from.
• Upload material you do not have the rights to, or personal information you have no lawful basis to hold.
• Attempt to access another customer’s workspace or data, or probe, scan or interfere with the platform’s security.
• Resell or white-label the platform without our written agreement.

We may suspend access where we reasonably believe these rules are being broken, or where continuing would put other customers or the platform at risk. Where it is practical to warn you first, we will.

Fees

Fees, billing frequency and what is included are set out in your order, proposal or subscription at the time you sign up. Some tools carry usage-based costs, which are shown to you before you enable them and are subject to any spending limit you set. We will not charge usage beyond a limit you have set without asking you first.

Where fees change, we will give you reasonable notice before the change takes effect.

Availability

We work to keep Cuflo available and to protect your data, but no online service is perfect. We do not promise uninterrupted or error-free operation. Planned maintenance is scheduled outside New Zealand business hours where we can.

Ending the agreement

You can stop using Cuflo at any time, subject to any minimum term in your order or proposal. We can end or suspend the agreement if you materially breach these terms and do not put it right within a reasonable period after we tell you.

When the agreement ends you can export your data. We will keep it available for a reasonable period so you can do that, then delete it in line with our Privacy Policy. Ask us and we will confirm when deletion is done.

Liability

Nothing in these terms limits rights you have under the New Zealand Consumer Guarantees Act 1993 or the Fair Trading Act 1986 that cannot lawfully be excluded. Where you use Cuflo for business purposes, the Consumer Guarantees Act does not apply.

To the extent the law allows, neither side is liable for indirect or consequential loss, or for lost profits, revenue, goodwill or data. Our total liability in any twelve-month period is limited to the fees you paid us in that period.

Changes to these terms

We may update these terms. If a change materially affects you, we will tell you before it takes effect. Continuing to use Cuflo after that means you accept the updated terms. The date at the top of this page shows when it was last changed.

Governing law

These terms are governed by New Zealand law, and the New Zealand courts have exclusive jurisdiction. If a dispute comes up, talk to us first. Most things are sorted with a conversation.