Terms & Conditions — Outbound Contact
The terms governing your use of Outbound Contact's services.
Last updated: January 2025
Outbound Contact Inc / Terms & Conditions
("Outbound Contact") and Customer agree to the following terms and conditions. If you are entering into this agreement on behalf of a company, you represent that you have the authority to bind the company to the terms governing the use of Outbound Contact's on-line services and demand generation. The terms "You" and "Customer" refer to:
(1) The company, its officers, directors, agents and employees, or (2) in the case of a non-legal entity, the individual identified in the registration information you provide to Outbound Contact. If you do not have such authority, or if you do not agree with these terms, you must not engage or sign the service agreement.
Outbound Contact provides a collection of tools and resources to create, launch, and manage online marketing and sales campaigns (the "Services"). The following, along with any amendments or policies that may be published from time to time by Outbound Contact, are the terms and conditions for use of the Services.
1. Services and Support
1.1 Outbound Contact provides a range of services such as Demand Generation and Prospect Outreach through its SEP (Sales Enablement Platform), Email Automation and Data Services. The Services are provided subject to the following terms and conditions and any operating policies that Outbound Contact may establish. Outbound Contact may make changes to the Agreement, and Customer's continued use of the Services constitutes Customer's acceptance of any such changes. Any changes to the service terms will be announced via email.
1.2 The Services are available only to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, the Services are not available to individuals under the age of 18. If you do not qualify, please do not use the Services.
1.3 The Services provide corporations, small businesses, communities and individuals systems for online collaboration and management including LinkedIn messages and connection requests, 1:1 email outreach and integration, AI powered data searches, copy writing, sale development and article submissions.
1.4 Customers must complete a signed service agreement in order to officially initiate or use the Services. Customer will provide true, accurate, current, and complete information about Customer as requested in the service agreement and will update the information to keep it current. Customer is responsible for maintaining the security of the Customer account, password, and files, and for all uses of Customer's account and of the Services in Customer's name.
2. Restrictions and Responsibilities
2.1 This is an Agreement for services, and Customer is not granted a license to any software by this Agreement. Customer will not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of the Services or any software, documentation, or data related to the Services; modify, translate, or create derivative works based on the Services or any Software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Services or any Software.
2.2 Customer represents, covenants, and warrants that Customer will use the Services only in compliance with Outbound Contact Privacy Policy and all applicable laws (including but not limited to regulations and laws related to spamming, privacy, obscenity, and defamation).
2.3 In using the various features of the Services, Customer may provide confidential or proprietary information. Outbound Contact will not use or disclose the Confidential Information to third parties except as authorized by Customer, or unless Outbound Contact has entered into an appropriate confidentiality or non-disclosure agreement with such third party.
3. Billing and Renewal
3.1 Outbound Contact charges and collects in advance for use of the Services. Outbound Contact will charge Customer's credit card (or issue an invoice if approved) for the Initial Term service fee and will thereafter automatically bill as follows:
- (a) every 30 days for monthly accounts,
- (b) every 3 months for quarterly accounts, or
- (c) every 12 months on the subsequent anniversary for annual accounts.
The renewal fee will be equal to the then-current service fee in effect at the time of such renewal. Outbound Contact's fees are exclusive of all taxes, levies, or duties imposed by taxing authorities.
3.2 Non-Payment and Suspension: Outbound Contact reserves the right to suspend or terminate this Agreement and Customer's access to the Services if Customer's account becomes thirty (30) days or more delinquent. Customer agrees and acknowledges that Outbound Contact has no obligation to retain Customer data and that such Customer data may be irretrievably deleted if Customer's account is 30 days or more delinquent.
4. Warranty Disclaimer
The Services and all content is provided to Customer strictly on an "as is" basis. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed to the maximum extent permitted by law. However, Outbound Contact ensures its best effort to maintain the service level outlined in the service term for the agreed upon services.
5. Internet Delays
The Services may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. Outbound Contact is not responsible for any delays, delivery failures, or other damage resulting from such problems.
6. Limitation of Liability
In no event shall Outbound Contact's aggregate liability exceed the amounts actually paid by and/or due from Customer in the twelve (12) month period immediately preceding the event giving rise to such claim. In no event shall either party or its licensors be liable to anyone for any indirect, punitive, special, exemplary, incidental, consequential or other damages of any type or kind.
7. Restricted Persons; Export
You hereby represent and warrant that you are not a Restricted Person. You agree that you shall not utilize the Site or the Products to conduct or facilitate any transaction with any Restricted Person, except as may be expressly authorized in advance in writing by the U.S. Government.
8. Termination
You may terminate your Outbound Contact accounts at any time. Please submit your 30 day cancellation to support@outboundcontact.com with the subject "Company Name Cancellation" and a confirmation email will be sent to you with your final billing date. Except as specifically set forth herein or on the Site, there are no refunds for any fees paid.
9. Termination for Cause
Any breach of Customer's payment obligations or unauthorized use of the Outbound Contact technology or Services will be deemed a material breach of this Agreement. Outbound Contact, in its sole discretion, may terminate Customer's password, account or use of the Services if Customer breaches or otherwise fails to comply with this Agreement.
10. Notice
Outbound Contact may give notice by means of a general notice on the Services, electronic mail to Customer's e-mail address on record, or by written communication sent by first class mail. Customer may give notice to Outbound Contact at: Outbound Contact, 12600 Hill Country Blvd Suite R-275, Bee Cave, TX 78738.
11. Arbitration
Any controversy between the parties involving the construction or application of any of the terms, covenants, or conditions of this agreement will, on the written request of one party served on the other, be submitted to arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules.
12. Miscellaneous
12.1 If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.
12.2 Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties.
12.3 No agency, partnership, joint venture, or employment is created because of this Agreement.
12.4 In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover its costs and attorney's fees.
12.5 This Agreement shall be governed by the laws of the State of Texas without regard to its conflict of law's provisions.
12.6 Outbound Contact reserves the right to modify its pricing and will notify Customer by email when this occurs.
12.7 Neither party has the right to assign this Contract without the written consent of the other.