Terms of service

These terms cover this website. If you subscribe to the Fulcrum platform, your subscription is governed by a separate written agreement, and that agreement takes precedence.

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1. Who these terms are between

This website is operated by Fulcrum SaaS Inc., 250 Steele Street, Suite 375, Denver, CO 80206, United States ("Fulcrum", "we"). By using the site you agree to these terms. If you do not, please do not use it.

2. What this page does and does not cover

These terms govern your use of fulcrumsaas.com: reading it, submitting a form, requesting a pilot or a pricing estimate.

They do not govern the Fulcrum platform. Access to the product is provided under a separate written agreement covering service levels, data processing, fees, and liability. Where that agreement and this page conflict, that agreement wins.

3. Using the site

You agree not to:

  • submit false information, or someone else's details as your own;
  • attempt to gain unauthorised access to any part of the site or the server that runs it;
  • interfere with its operation, including by automated scraping that degrades service for others;
  • use it to send unsolicited commercial messages;
  • circumvent the anti-abuse measures on our forms.

We may restrict access if you do any of these. We do not need to warn you first where the conduct is causing active harm.

4. Forms and enquiries

Submitting a form starts a conversation. It does not create a contract, reserve capacity, or oblige us to provide the service. We may decline any enquiry. What we do with the information you submit is set out in the privacy policy .

5. Pilots and the guarantee

This site describes a 45-day pilot and an ROI guarantee. Those descriptions are a summary for prospective customers. The binding terms, meaning eligibility, measurement method, and what is refunded and when, are those in your signed agreement. Where the summary on the pilot page or the guarantee page differs from your agreement, the agreement governs.

6. Performance figures on this site

Results shown on this site are drawn from specific engagements and are described with the measurement method that produced them. They are not a promise of what your store will see. Ecommerce outcomes depend on catalogue, traffic mix, seasonality and price, variables we do not control. Nothing on this site is a warranty of a particular result.

7. Intellectual property

The content, design, code, and trade marks on this site belong to Fulcrum or our licensors. You may read the site, and quote from it with attribution. You may not republish it wholesale, or use our name or logo to suggest an endorsement or partnership we have not agreed to in writing.

8. Third-party links

Where we link elsewhere, we do not control that destination and are not responsible for its content or its privacy practices.

9. Availability

We aim to keep this site available, but we do not commit to uptime for it. We may change, suspend or withdraw any part of it without notice. Service commitments for the platform, where they exist, live in your subscription agreement.

10. Disclaimers

The site is provided "as is" and "as available". To the fullest extent permitted by law, we disclaim all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement. Nothing here excludes liability that cannot lawfully be excluded.

11. Limitation of liability

To the fullest extent permitted by law, Fulcrum is not liable for indirect, incidental, special or consequential loss, or for lost profits, revenue, data or goodwill, arising from your use of this website. Our total liability in connection with this website is limited to one hundred US dollars (US$100).

This clause applies to the website only. Liability under a subscription agreement is governed by that agreement.

12. Indemnity

You agree to indemnify Fulcrum against claims arising from your misuse of this site or your breach of these terms.

13. Governing law and disputes

These terms are governed by the laws of the State of Colorado, United States, without regard to its conflict of laws rules. The state and federal courts located in Denver County, Colorado have exclusive jurisdiction, and each party consents to venue there.

If you are a consumer resident in the EEA or the UK, this clause does not deprive you of the protection of mandatory provisions of your local law, nor of the right to bring proceedings in your local courts.

14. Changes

We may update these terms. The date at the top shows when they last changed, and the version then published governs your use from that point. Continuing to use the site after a change means you accept it.

15. General

If any provision is held unenforceable, the rest stands. Our not enforcing a provision is not a waiver of it. These terms, together with the privacy policy and cookie policy , are the entire agreement between us about this website.

16. Contact

Questions about these terms: privacy@fulcrumsaas.com , or Fulcrum SaaS Inc., 250 Steele Street, Suite 375, Denver, CO 80206.