Terms of Service

These Terms govern your access to and use of the Crescence marketplace operated by Crescence Inc. (“Crescence,” “we,” or “us”). By creating an account or using the Service you agree to these Terms. If you don't agree, don't use the Service.

Crescence is a US-based platform. Where you access the Service from the EU or the UK, mandatory consumer-protection and data-protection rights that apply to you are not displaced by these Terms; how we handle your personal data is set out in our Privacy Policy, and cookies are covered by our Cookie Policy.

1. Accounts

You may create one account per legal entity. Brand operators use Crescence to list and sell products; offices and retailers (each, a “Buyer”) use Crescence to discover and purchase from those brands. You agree to provide accurate information at sign-up and to keep it current. You are responsible for safeguarding your credentials and for every action taken under your account.

2. Acceptable use

You must use the Service in accordance with our Acceptable Use Policy. You may not list or sell products that are illegal, restricted, or prohibited under federal or applicable state law (firearms, controlled substances, certain alcohol categories per state, products that violate FDA labeling rules). Brands may not solicit Buyers off-platform during the term of this agreement. Buyers may not redistribute products purchased on Crescence as their own brand.

3. Brand terms - commission, payments, payouts

Brand operators are bound by the Brand Merchant Agreement in addition to these Terms. Headline economics: Crescence charges a 13% commission on every order. Payouts to brands occur 3 business days after order delivery via Stripe Connect. Crescence may withhold payouts during an active dispute or refund window.

4. Marketplace facilitator stance

Crescence is a marketplace facilitator. We provide the storefront, the discovery surface, the payment rails, and the messaging tools. We do not take title to inventory; we do not warehouse products; we do not control how a brand fulfills an order. Each transaction is between the Brand and the Buyer; Crescence facilitates it.

5. Sales tax

Crescence calculates and remits sales tax via Stripe Tax where Crescence is a registered marketplace facilitator. For states where the brand operator is the responsible party, the brand operator is responsible for collection and remittance. Tax-exempt Buyers may upload a certificate from Account → Privacy → Tax exemption; the certificate is verified by Crescence ops before tax suppression takes effect.

6. Intellectual property and your content

Brand operators retain all rights, title, and interest in their product listings, photography, copy, and brand marks. By posting content on Crescence, brand operators grant Crescence a non-exclusive, royalty-free, worldwide license to display, reproduce, and distribute that content through the Service for the duration of the brand's account plus 90 days post-termination (to fulfill outstanding orders).

The Crescence platform itself - the software, the design system, the Maia AI assistant, the trademarks “Crescence” and “Maia” - is owned by Crescence Inc. and protected by intellectual property law.

7. User content and conduct

“User content” means anything you submit to the Service: listings, photography, copy, messages, reviews, support tickets, and any other material. You are responsible for your user content and you represent that you have the rights needed to post it and that it does not infringe anyone else's rights or break the law.

You agree not to post user content that is unlawful, infringing, defamatory, deceptive, or in breach of our Acceptable Use Policy. Crescence may remove user content that violates these Terms or the law, and may suspend or terminate accounts that do so repeatedly. We do not pre-screen user content, but we may review and act on it.

If you believe content on Crescence infringes your copyright, follow the notice-and-takedown procedure in our DMCA Copyright Policy. For trademark or other intellectual-property concerns, see our Intellectual Property Policy.

8. AI features (Maia)

Maia is Crescence's AI assistant. Maia drafts messages, suggests product matches, summarizes feedback, and queues actions for human approval. Maia never auto-sends a message or auto-executes a transaction without explicit user approval. Maia's outputs are suggestions; you remain responsible for the content you actually send. Crescence does not use your account data to train any third-party AI model.

9. Disclaimers

The service is provided “as is” and “as available.” Crescence disclaims all warranties to the maximum extent permitted by law, including merchantability, fitness for a particular purpose, and non-infringement.

10. Limitation of liability

To the maximum extent permitted by law, Crescence's aggregate liability for any claim arising out of these Terms or the Service is limited to the greater of (a) $100 and (b) the fees Crescence collected from you in the 12 months preceding the event giving rise to the claim. In no event is Crescence liable for indirect, incidental, consequential, special, exemplary, or punitive damages, even if advised of the possibility.

Nothing in these Terms limits or excludes liability that cannot be limited or excluded under applicable law, including, for users in the EU or the UK, liability for death or personal injury caused by negligence, for fraud, or for any other liability that mandatory consumer law does not allow us to exclude.

11. Your data and consumer rights

How we collect and use your personal data, the lawful bases we rely on, and your rights to access, correct, erase, port, restrict, and object are set out in our Privacy Policy. For users in the EU and the UK, these Terms do not reduce the rights you have under the GDPR, the UK GDPR, or mandatory consumer-protection law, and where a term in this agreement conflicts with one of those mandatory rights, the mandatory right prevails.

12. Indemnification

You agree to indemnify and hold Crescence harmless from any claim brought by a third party arising out of your content, your products, your violation of these Terms, or your violation of applicable law.

13. Termination

You may close your account at any time from Account Settings. Crescence may suspend or terminate your account for material breach of these Terms, repeated AUP violations, or fraud. We will give you reasonable notice unless the breach is severe enough to warrant immediate action. On termination, outstanding orders complete; legally retained records are retained per the Privacy Policy.

14. Dispute resolution - arbitration

Any dispute arising out of or relating to these Terms or the Service is resolved by binding individual arbitration administered by JAMS in San Francisco, California, under JAMS' Streamlined Arbitration Rules. The arbitrator may not consolidate claims and may not preside over a class action. Either party may bring a small-claims action in lieu of arbitration.

You may opt out of arbitration within 30 days of first agreeing to these Terms by emailing hellocrescence@gmail.com with the subject “Arbitration opt-out” and your account email.

15. Choice of law

These Terms are governed by the laws of the State of California, excluding its conflicts-of-law rules. Any matter that proceeds in court (small claims or non-arbitrable claims) is brought in the state or federal courts located in San Francisco County, California.

If you are a consumer resident in the EU or the UK, this choice of law and forum does not deprive you of the protection of the mandatory laws of your country of residence, and you may also bring proceedings in the courts of that country where local law gives you that right.

16. Modifications

We may update these Terms as the Service evolves. Material changes are notified to your account email at least 30 days before they take effect. Continued use of the Service after the effective date constitutes acceptance of the updated Terms. If you don't agree, you can close your account before the effective date.

17. Contact

Legal questions: hellocrescence@gmail.com.

Crescence Inc.
548 Market St #82130
San Francisco, CA 94104
United States