Terms of service
Effective date: [Effective Date]
These terms are an agreement between [Company Legal Name], a company registered at [Registered Address] ("we", "us"), and the organization or person that creates an account with us ("you", "the customer"). By creating an account you agree to them.
1. What the service is
We provide software that helps you run outreach from LinkedIn accounts that belong to you or to people who have agreed in writing that you may use them. You connect a LinkedIn account, import leads, write a sequence of steps, and the service carries out those steps inside limits, working hours and warm-up rules that the service applies. You can also read and answer replies in an inbox.
Some words have a fixed meaning in these terms. An account is a LinkedIn account you connect to the service. A seat is the paid capacity that one account uses. A workspace is a separate space for your accounts, leads and campaigns. An organization is the customer entity that owns the subscription and the billing.
2. Your organization, workspaces and people
You are responsible for everyone you invite into a workspace and for what they do with the service. You must keep your sign in details safe, tell us promptly if you think they have been misused, and give each person the role that fits their work. We may rely on any instruction that comes through your account.
3. Your LinkedIn accounts
You warrant that for every account you connect, you either own the LinkedIn profile or hold the written consent of the person who does, and that the consent allows you to connect it to the service and to send messages and invitations from it. You must keep that consent for as long as the account is connected and give us a copy on request.
Own accounts only. The service is for the accounts of the people and companies who use it. You must not connect an account that was created, bought, rented or borrowed to present a person who does not exist, or to let someone pretend to be another person. We do not create, sell, rent or operate LinkedIn profiles, and we do not offer managed or rented accounts. We may refuse or disconnect an account that breaks this rule.
One account, one place. A LinkedIn account can be connected to only one workspace at a time. If someone else already holds it, we will not say who, and you must resolve this with the person who owns the profile.
How a connection works. You connect an account with our browser extension or with a page we provide. The cookies that prove the session are sealed in your own browser so that only our worker can open them. The Privacy policy explains this in full. You agree to the extension's consent screen before the first connection.
4. LinkedIn's rules and the risk you accept
LinkedIn's terms restrict automation and restrict sharing session cookies. Using this service is not approved by LinkedIn and may break LinkedIn's terms. You accept that LinkedIn can warn, limit, restrict or permanently close an account that is connected to the service, and can take other action against you. We reduce this risk with conservative limits, steady behaviour for each account and automatic halting when LinkedIn signals a problem, but we cannot remove it, and we do not promise that any account will stay in good standing.
You are responsible for the loss of an account, a profile, a network or any business that depends on one. We are not responsible for what LinkedIn decides. If LinkedIn changes its service so that the product stops working for a time or for good, we may pause the affected features without notice.
5. Lead data and your legal responsibilities
You decide whom to contact and what to say. For the personal data of the people you import and contact ("leads"), you are the controller and we are your processor. The Data processing agreement forms part of these terms and governs how we handle that data.
You are responsible for:
- having a lawful basis to contact each lead, and for any consent the law requires;
- the notice you owe to each lead, including the information required by Article 14 of the GDPR and the UK GDPR when you collect their data from a source other than the person, and the rules on electronic marketing, including the UK Privacy and Electronic Communications Regulations (PECR) and equivalent laws where your leads are;
- the accuracy and source of the lists you import, and for not importing data you have no right to use;
- the content of your messages, including truthful identification of the sender;
- answering requests from leads who want access, correction, deletion or an end to contact.
We do not review your leads or your messages in advance, and we do not give legal advice. You must not use the service in a way that breaks the law that applies to you or to a lead.
6. Do not contact
The service has a do-not-contact list for each workspace. A lead on the list is never contacted by any campaign in that workspace, including after a later re-import under a different link. You must add a lead to it when the lead asks to stop, and you must not remove a lead who asked to stop.
People who ask us directly not to be contacted are added to a list that applies to every customer. We may add a person to that list on our own judgment, and we do not have to tell you who is on it.
7. Acceptable use
You must follow the Acceptable use policy. Breaking it is a breach of these terms.
8. Fees, seats and trial
You pay for the seats you buy, at the prices shown when you buy, through our payment provider. A free trial, if one is offered, is described in the app when you sign up and ends as stated there. There is one free trial for each person, each payment card and each LinkedIn account. If the first payment of a subscription fails, the subscription does not start and nothing runs on it. If the payment for a renewal fails, your accounts keep running for 3 days. If it is not fixed by then, we pause the affected accounts until payment succeeds. Prices may change for a later period if we tell you first. Unless the law requires otherwise, fees are not refundable. Taxes are extra where they apply.
9. Our safeguards
To protect accounts and the service, we apply limits that you can lower but not raise, pause an account when LinkedIn shows signs of trouble, and stop all sending globally when we find a fault. These controls can delay or stop your campaigns. We may use them without notice.
10. Suspension, ending the agreement and your data
You can cancel at any time in the app. We may suspend or end your access at once if you break these terms, if we must by law, or to protect an account, a lead or the service.
When a subscription ends, the workspace becomes read only and its accounts stop. The stored LinkedIn sessions are purged 30 days later, and an account still connected 30 days after that is disconnected. You may delete an account or a workspace at any time. We keep the rest of your data for the periods in the Privacy policy and then delete it.
11. No guarantee of results
We do not promise any number of invitations accepted, replies, meetings or sales, or any level of account health. Figures shown in the product are examples or measurements of past activity, not forecasts. The service is provided as available, and we do not promise that it will be uninterrupted or free of errors.
12. Disclaimers
To the extent the law allows, we give no warranty other than those in these terms, and we exclude all implied warranties, including fitness for a particular purpose and non-infringement. [Counsel to confirm which statutory rights cannot be excluded for your customers.]
13. Limit of liability
[Counsel to confirm the exact text and the cap. The draft clause is in the liability cap document and is repeated here when settled.]
To the extent the law allows, our total liability arising out of or relating to these terms, whether in contract, tort or otherwise, is limited to [Liability Cap]. We are not liable for loss of profit, revenue, goodwill or data, for the loss, restriction or closure of a LinkedIn account, or for any indirect or consequential loss. Nothing limits liability that cannot be limited by law.
14. Your indemnity
You will defend and compensate us against claims, fines and costs that arise from your leads and your messages, from an account you connected without the right to do so, or from your breach of these terms or the law. [Counsel to confirm scope.]
15. Changes to the service and to these terms
We may change the service. We may change these terms by giving you notice in the app or by email at least [Notice Period Days] days before the change applies. If you do not agree, you can cancel before the change applies.
16. Governing law and disputes
These terms are governed by [Governing Law]. The courts of [Courts or Arbitration Venue] have exclusive jurisdiction, unless the law gives a consumer or another party the right to use a different forum.
17. General
These terms, the Acceptable use policy and the Data processing agreement are the whole agreement. If one part cannot be enforced, the rest stays in force. You may not assign these terms without our consent. We may assign them in a merger or a sale of the business.
18. Contact
[Company Legal Name], [Registered Address]. Legal notices: legal@[domain]. Support: support@[domain]. Privacy: privacy@[domain]. Security reports: security@[domain].