Terms of Service

Last Updated: January 15, 2025 | Effective Date: January 15, 2025

1. Agreement to Terms

By accessing or using AgentOutreach's AI-powered sales automation platform and services (the “Services”), you agree to be bound by these Terms of Service (“Terms”). If you disagree with any part of these terms, you do not have permission to access the Services.

These Terms constitute a legally binding agreement between you (whether an individual or entity) and AgentOutreach (“Company,” “we,” “us,” or “our”).

2. Description of Services

AgentOutreach provides:

  • AI Agent Platform: Creation and deployment of AI-powered sales agents
  • Communication Services: Automated SMS, email, and web-based messaging
  • Lead Management: Tools for capturing, tracking, and nurturing leads
  • Analytics and Reporting: Performance metrics and conversation analytics
  • Integration Services: Connections to third-party CRM and communication platforms
  • Training and Customization: AI model fine-tuning and agent personalization

3. Account Registration and Security

3.1 Account Creation

To use our Services, you must:

  • Be at least 18 years old or the age of majority in your jurisdiction
  • Provide accurate, current, and complete registration information
  • Maintain and update your information to keep it accurate
  • Have the legal authority to enter into these Terms
  • Not have been previously suspended or removed from the Services

3.2 Account Security

You are responsible for:

  • Maintaining the confidentiality of your account credentials
  • All activities that occur under your account
  • Notifying us immediately of any unauthorized use
  • Ensuring your team members comply with these Terms

4. Acceptable Use Policy

4.1 Permitted Use

You may use our Services only for lawful purposes and in accordance with these Terms. You agree to use the Services for legitimate business purposes related to sales, marketing, and customer engagement.

4.2 Prohibited Uses

You agree NOT to:

  • Violate Laws: Use the Services for any illegal purpose or in violation of any laws
  • Spam: Send unsolicited messages or engage in spamming activities
  • Harassment: Harass, abuse, or harm another person or entity
  • Impersonation: Impersonate or misrepresent affiliation with any person or entity
  • Malicious Content: Transmit viruses, malware, or other harmful code
  • System Abuse: Attempt to gain unauthorized access or disrupt the Services
  • Intellectual Property: Infringe upon intellectual property rights
  • Data Scraping: Scrape, harvest, or collect data without permission
  • Reverse Engineering: Reverse engineer or attempt to extract source code
  • Resale: Resell or redistribute the Services without authorization

4.3 Communication Compliance

When using our communication services, you must:

  • Comply with TCPA, CAN-SPAM, GDPR, and all applicable communication laws
  • Obtain proper consent before sending automated messages
  • Honor opt-out requests promptly
  • Maintain accurate do-not-contact lists
  • Include required disclosures and identification

5. AI Services and Content

5.1 AI-Generated Content

You acknowledge that:

  • AI-generated content may contain errors or inaccuracies
  • You are responsible for reviewing and approving AI-generated content
  • We do not guarantee specific outcomes from AI interactions
  • AI responses are based on probabilistic models and training data

5.2 Your Responsibilities

You are solely responsible for:

  • The accuracy and legality of information provided to train AI agents
  • Ensuring AI agents comply with industry regulations
  • Monitoring and supervising AI agent interactions
  • Any decisions or actions taken based on AI recommendations

5.3 Content Restrictions

You may not use our AI services to generate content that:

  • Is false, misleading, or deceptive
  • Violates any applicable laws or regulations
  • Infringes on intellectual property rights
  • Contains personal health information without proper authorization
  • Promotes discrimination, hate, or violence

6. Intellectual Property Rights

6.1 Our Property

The Services, including all content, features, and functionality, are owned by AgentOutreach and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

6.2 Your Content

You retain ownership of content you provide. By using our Services, you grant us a worldwide, non-exclusive, royalty-free license to:

  • Use, reproduce, and process your content to provide the Services
  • Improve and develop our Services and AI models (with anonymization)
  • Share your content with service providers as necessary

6.3 Feedback

Any feedback, suggestions, or improvements you provide become our property and may be used without compensation or attribution.

7. Payment Terms

7.1 Subscription Fees

  • Fees are based on your selected plan and usage
  • All fees are non-refundable unless otherwise stated
  • Prices are subject to change with 30 days' notice
  • You are responsible for all applicable taxes

7.2 Billing

  • Subscriptions automatically renew unless canceled
  • We charge your payment method on file automatically
  • Failed payments may result in service suspension
  • You must keep payment information current

7.3 Usage-Based Charges

Additional charges may apply for usage exceeding plan limits, including message volume, API calls, storage, and AI processing tokens.

8. Privacy and Data Protection

Your use of our Services is governed by our Privacy Policy, which is incorporated by reference into these Terms. You agree to comply with all applicable data protection laws when using our Services.

8.1 Data Processing

By using our Services, you:

  • Warrant you have all necessary rights to provide data to us
  • Agree to our data processing as described in the Privacy Policy
  • Will obtain necessary consents from your end users
  • Will comply with applicable privacy laws

9. Third-Party Services

Our Services integrate with third-party services. You acknowledge that:

  • Third-party services have their own terms and privacy policies
  • We are not responsible for third-party service availability or functionality
  • Your use of third-party integrations is at your own risk
  • Additional fees may apply for third-party services

10. Disclaimers and Limitations of Liability

10.1 Service Disclaimer

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.

10.2 No Guarantee

We do not guarantee that:

  • The Services will be uninterrupted or error-free
  • AI agents will produce specific results or outcomes
  • Defects will be corrected immediately
  • The Services will meet all your requirements

10.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AGENTOUTREACH SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, USE, OR GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Our total liability shall not exceed the amount paid by you to us in the twelve (12) months preceding the claim.

11. Indemnification

You agree to indemnify, defend, and hold harmless AgentOutreach and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including attorneys' fees) arising from:

  • Your violation of these Terms
  • Your violation of any law or rights of third parties
  • Your use or misuse of the Services
  • Content you provide through the Services
  • Your AI agents' interactions with third parties

12. Termination

12.1 Termination by You

You may terminate your account at any time through your account settings or by contacting support. Termination does not entitle you to any refunds.

12.2 Termination by Us

We may terminate or suspend your account immediately, without prior notice, if:

  • You breach these Terms
  • You fail to pay fees when due
  • We are required to do so by law
  • We discontinue the Services

12.3 Effect of Termination

Upon termination:

  • Your right to use the Services immediately ceases
  • We may delete your data after a reasonable retention period
  • You remain liable for any outstanding fees
  • Provisions that should survive termination will remain in effect

13. Dispute Resolution

13.1 Informal Resolution

Before filing a claim, you agree to try to resolve disputes informally by contacting us at legal@agentoutreach.com.

13.2 Binding Arbitration

Any disputes not resolved informally shall be resolved through binding arbitration in accordance with the American Arbitration Association's Commercial Arbitration Rules.

13.3 Class Action Waiver

YOU AGREE THAT DISPUTES WILL BE RESOLVED INDIVIDUALLY AND YOU WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE PROCEEDING.

14. General Provisions

14.1 Governing Law

These Terms are governed by the laws of [Your State/Country], without regard to conflict of law principles.

14.2 Entire Agreement

These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and AgentOutreach.

14.3 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

14.4 Waiver

No waiver of any term or condition shall be deemed a further or continuing waiver of such term or any other term.

14.5 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign our rights without restriction.

15. Export Compliance

You agree to comply with all applicable export and import laws and regulations. You represent that you are not on any prohibited party lists and will not use the Services in embargoed countries.

16. Changes to Terms

We reserve the right to modify these Terms at any time. Material changes will be notified via email or through the Services with at least 30 days' notice. Your continued use after changes become effective constitutes acceptance of the revised Terms.

17. Contact Information

For questions about these Terms, please contact us at:

AgentOutreach Legal Department

Email: legal@agentoutreach.com

Phone: 1-800-XXX-XXXX

Address: [Your Business Address]

18. Definitions

  • “Account” means your registered account with AgentOutreach
  • “AI Agent” means an automated conversational agent created using our platform
  • “Content” means any text, data, information, or materials provided through the Services
  • “Services” means all products, services, and features provided by AgentOutreach
  • “User” means any individual or entity that uses our Services