Terms of Service

Outbound Technologies, Inc.

Last updated: May 14, 2024

Effective Date: May 14, 2024

Thank you for using Outbound!
These Terms of Service (“Terms”) apply to your use of Outbound’s Marketing Platform and Outbound’s other services for individuals, along with any associated software applications and websites (all together, “Services”). These Terms form an agreement between you and Outbound Technologies, Inc. (“Outbound”).

THESE TERMS CONTAIN IMPORTANT PROVISIONS FOR RESOLVING DISPUTES THROUGH MANDATORY ARBITRATION AND A CLASS ACTION WAIVER.

By accessing or using the Services or other elements of the Services, YOU AGREE TO BE BOUND by these Terms. If you do not want to accept all of the terms, conditions and notices of these Terms, you must immediately discontinue your use and access of the Services.

1. Who We Are

At Outbound, we use artificial intelligence (AI) to create a custom marketing plan for your business and generate advertisements for your target audience. For more information, please visit https://www.outbound.com/ (opens in a new tab).

2. Electronic Communications

When you visit the Services or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

3. Content

Your Content

You may provide input to the Services (“Input”), and receive output from the Services based on the Input (“Output”). Input and Output are collectively “Content.” You are responsible for Content, including ensuring that it does not violate any applicable law or these Terms. You represent and warrant that you have all rights, licenses, and permissions needed to provide Input to our Services.

Ownership of Content

As between you and Outbound, and to the extent permitted by applicable law, you (a) retain your ownership rights in Input and (b) own the Output. Subject to the license granted in the following sentence, we hereby assign to you all our right, title and interest, if any, in and to Output. You hereby grant Outbound a perpetual, irrevocable, assignable license to use the Output for lawful purposes.

Similarity of Content

Due to the nature of our Services and artificial intelligence generally, Output may not be unique and other users may receive the same or similar Output from our Services. Our assignment above does not extend to other users’ Output or any Third Party Output. You agree to hold Outbound harmless against any claims related to another user or third party using the same or similar content, information, or materials that you receive as Output from the Services.

Our Use of Content

We may use Content to provide, maintain, develop, and improve our Services, develop new products and services, comply with applicable law, enforce our terms and policies, and keep our Services safe. You hereby grant Outbound a perpetual, irrevocable, assignable, limited license to use the Content in connection with the performance of its obligations and exercise of its rights under these Terms.

5. Output Review

Artificial intelligence and machine learning are rapidly evolving fields of study. We are constantly working to improve our Services to make them more accurate, reliable, safe, and beneficial. Given the probabilistic nature of machine learning, use of our Services may, in some situations, result in Output that does not accurately reflect real people, places, or facts. When you use our Services, you understand and agree:

Output may not always be accurate. You should not rely on Output from our Services as a sole source of truth or factual information.
You must evaluate Output for accuracy and appropriateness for your use case, including using human review as appropriate, before using or sharing Output from the Services.
You must not use any Output relating to a person for any purpose that could have a legal or material impact on that person, such as making credit, educational, employment, housing, insurance, legal, medical, or other important decisions about them.
Our Services may provide incomplete, incorrect, or offensive Output that does not represent Outbound’s views. If Output references any third party products or services, it doesn’t mean the third party endorses or is affiliated with Outbound.
If you use our Services to create a website (a “Landing Page”), you are solely responsible for adopting and implementing all terms and conditions and privacy policy on the Landing Page. Outbound may, but is not required to, provide template terms and conditions or a template privacy policy for use on the Landing Page (“Templates”). Outbound does not represent or warrant that any such Templates will be legally adequate or suitable for your requirements. Outbound may provide Templates as an optional Service for customers’ convenience. Outbound is not an attorney and does not provide legal advice. You should consult with your attorneys before you deploy any Templates on the Landing Page. If you choose to deploy a Template on the Landing Page, you bear responsibility for all associated content and legal risk.
By default, the Services will automatically publish Output on your behalf. You acknowledge and agree that you remain solely responsible for all Output published by you and by the Services on your behalf. You may, but are not required to, opt to have the Services require you to affirmatively approve all Output before it is published by the Services. YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF ALL OUTPUT, REGARDLESS OF WHETHER YOU HAVE REVIEWED THE OUTPUT BEFORE IT IS PUBLISHED. You agree to indemnify and hold harmless us, our affiliates, and our personnel, from and against any costs, losses, liabilities, and expenses (including attorneys’ fees) from any claims arising out of or relating to your use of Output, including publication of the Output by the Services (regardless of whether Output is automatically published).

6. Outbound does not endorse or recommend any specific products or services.

References to, or descriptions or images of, products or services (or related coupons and discounts) on or through the Services our Output are not endorsements of such products or services and such products or services may be available by third parties. Outbound does not recommend or endorse any specific products, services, procedures, opinions, or other information that may be mentioned on the Services or Output.

7. Outbound is not responsible for third-party content

The Services or Output may contain links to third-party websites. Outbound is not responsible for the content of linked third-party sites, sites framed within the Services or Output, third-party sites provided as search results, or third-party advertisements, and does not make any representations or warranties regarding the content or accuracy of any such content. Additionally, the Services may work with third-party providers to publish Output, including advertisements and other creative content. You acknowledge and agree that Outbound may share Content and information with such third-party providers in the performance of the Services. Your use of third-party websites (including, for the avoidance of doubt, by using the Services to work with third-party websites or providers to publish Output on your behalf) is at your own risk and subject to the terms and conditions of use for such sites. You remain solely responsible for compliance with all third-party providers’ terms and conditions.

8. You must meet certain conditions to use the services

Requirements

You must be at least 13 years old or the minimum age required in your country to consent to use the Services. If you are under 18, you must have your parent or legal guardian’s permission to use the Services.

To access the Services, you must have an Outbound account and an active subscription plan. You must provide accurate and complete information to register for an account to use our Services. You may not share your account credentials or make your account available to anyone other than Authorized Users, and you are responsible for all activities that occur under your account. If you create an account or use the Services on behalf of another person or entity, you must have the authority to accept these Terms on their behalf.

Authorized Users

“Authorized Users” means your employees or contractors for whom you create a unique user name and password under your account. You are responsible for your and each of your Authorized Users’ use of the Services and all activities occurring using your Authorized Users’ login credentials. You acknowledge that we may, but have no obligation to, monitor use of the Service. You and your Authorized Users will use reasonable efforts to prevent any unauthorized use of the Services, and you will immediately notify us in writing of any unauthorized use that comes to your attention. If there is unauthorized use by anyone who obtained access to the Services directly or indirectly through you or an Authorized User, you will take all steps reasonably necessary to terminate the unauthorized use. You will cooperate and assist with any actions taken by us to prevent or terminate unauthorized use of the Services.

9. Using our services and certain restrictions

Permitted Activities

Subject to your compliance with these Terms, you may access and use our Services. In using our Services, you must comply with all applicable laws as well as our Acceptable Usage Policies, and any other documentation, guidelines, or policies we make available to you.

Restricted Activities

You may not use our Services for any illegal, harmful, or abusive activity. For example, you may not:

Use our Services in a way that infringes, misappropriates or violates anyone’s rights.
Modify, copy, lease, sell or distribute any of our Services.
Attempt to or assist anyone to reverse engineer, decompile or discover the source code or underlying components of our Services, including but not limited to our models, algorithms, or systems (except to the extent this restriction is prohibited by applicable law).
Automatically or programmatically extract data or Output.
Represent that Output was human-generated when it was not.
Interfere with or disrupt our Services, including circumvent any rate limits or restrictions we put on our Services.
Use Output to develop models that compete with Outbound.

Downloaded Software

Our Services may allow you to download software, such as mobile applications, which may update automatically to ensure you’re using the latest version. Our software may include open source software that is governed by its own licenses that we’ve made available to you.

Corporate Emails

If you create an account using an email address owned by an organization (for example, an educational organization that you attend as a student), that account may be added to the organization's business account with us, in which case we will provide notice to you so that you can help facilitate the transfer of your account (unless your organization has already provided notice to you that it may monitor and control your account). Once your account is transferred, the organization’s administrator will be able to control your account, including being able to access Content (defined below) and restrict or remove your access to the account.

Third Party Services

Our services may include third party software, products, or services, (“Third Party Services”) and some parts of our Services may include output from those services (“Third Party Output”). Third Party Services and Third Party Output are subject to their own terms, and we are not responsible for them. Beta Services. From time to time, we may make available services or offerings available to you on an alpha, preview, early access or beta basis (“Beta Services”). You agree to use the Beta Services solely for the purpose of providing us your voluntary evaluation that you also agree to keep confidential until such time as the Beta Services goes to market in full production, if ever. Beta Services are offered “as-is” to allow testing and evaluation and are excluded from any indemnification obligations we may have to you. We make no representations or warranties for Beta Services, including any warranty that Beta Services will be generally available, uninterrupted or error-free, or that Content will be secure or not lost or damaged. Except to the extent prohibited by law, we expressly disclaim all warranties for Beta Services, including any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, or quiet enjoyment, and any warranties arising out of any course of dealing or usage of trade. Feedback. We appreciate your feedback, and you agree that we may use it without restriction or compensation to you.

10. Intellectual Property Rights

We and our affiliates own all rights, title, and interest in and to the Services, which are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property and proprietary rights laws. You may not use our trademarks, service marks, name or logo without our permission. Any unauthorized use of the Services terminates the permission or license granted by Outbound.

11. Disclaimer Regarding International Use

Outbound makes no claim that the Services is appropriate or lawful for use or access outside the United States. You are solely responsible for complying with all local laws, rules and regulations regarding online conduct and website access, regardless of whether you access the Services from inside or outside the United States, and in each case you do so at your own risk. By sending providing Input or other data, you consent to its transfer to and storage within the United States.

12. Fees and Payments

Subscription Plans

You may be offered multiple subscription plans for the Services. Each subscription plan may offer different functionality, pricing, subscription length, and other terms and conditions as disclosed when you signed up for the Services.

Fees and Payment Terms

For the Services provided under these Terms, you will pay Outbound the fees for the subscription plan that you selected when you signed up for the Services or subsequently selected in your Outbound account. You agree to provide and maintain complete and accurate billing information, including a valid payment method. Applicable fees for the initial subscription period will be payable immediately upon registration. Thereafter, we will automatically charge your payment method for the then-current rate for your subscription plan on each agreed-upon periodic renewal until you cancel. Fees for additional Services will be invoiced at the time of order. You’re responsible for all applicable taxes, and we’ll charge tax when required. If your payment cannot be completed, we may suspend your access to our Services until payment is received. All amounts payable under these Terms are denominated in United States dollars, and you will pay all such amounts in United States dollars.

Late Payment

Any amount not paid when due will be subject to finance charges equal to 1.5% of the unpaid balance per month or the highest rate permitted by applicable usury law, whichever is less, determined and compounded monthly from the date due until the date paid. You will reimburse any costs or expenses (including attorneys’ fees) incurred by us to collect any amount that is not paid when due. Amounts due from you under these Terms may not be withheld or offset by you against amounts due to you for any reason.

Renewal and Cancellation

Your subscription to the Services will automatically renew unless you cancel before the end of the then-current subscription period. You can cancel your subscription at any time and the cancellation will take effect the date after the last day of the current subscription service. Payments are non-refundable, except where required by law. These Terms do not override any mandatory local laws regarding your cancellation rights.

Changes

We may change our prices from time to time. If we increase our subscription prices, we will communicate any price changes to you in advance. Any price increase will take effect on your next renewal. By continuing to use the Services after the price change takes effect, you will have accepted the new price. If you do not agree to a price change, you can reject the change by cancelling your subscription to the Services prior to the price change going into effect.

Future Functionality

Your purchases are not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments made by us regarding future functionality or features.

13. Limitations of Liability of Outbound and its licensors

NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA OR OTHER LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY UNDER THESE TERMS WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 3 MONTHS BEFORE THE LIABILITY AROSE OR ONE HUNDRED DOLLARS ($100). THE LIMITATIONS IN THIS SECTION APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Some countries and states do not allow the disclaimer of certain warranties or the limitation of certain damages, so some or all of the terms above may not apply to you, and you may have additional rights. In that case, these Terms only limit our responsibilities to the maximum extent permissible in your country of residence.

You acknowledge and agree that the limitations set forth above are fundamental elements of these Terms, and the Services would not be provided to you absent such limitations.

14. Disclaimer of Warranty

OUR SERVICES ARE PROVIDED “AS IS.” EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR AFFILIATES AND LICENSORS MAKE NO WARRANTIES (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) WITH RESPECT TO THE SERVICES, AND DISCLAIM ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR TRADE USAGE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ACCURATE OR ERROR FREE, OR THAT ANY CONTENT WILL BE SECURE OR NOT LOST OR ALTERED.

YOU ACCEPT AND AGREE THAT ANY USE OF OUTPUTS FROM OUR SERVICE IS AT YOUR SOLE RISK AND YOU WILL NOT RELY ON OUTPUT AS A SOLE SOURCE OF TRUTH OR FACTUAL INFORMATION, OR AS A SUBSTITUTE FOR PROFESSIONAL ADVICE.

15. Termination and Suspension

Termination and Suspension

We reserve the right to suspend or terminate your access to our Services or delete your account at any time if we determine:

You breached these Terms or our Acceptable Usage Policy.
We must do so to comply with the law.
Your use of our Services could cause risk or harm to Outbound, our users, or anyone else.

Appeals

If you believe we have suspended or terminated your account in error, you can file an appeal with us by contacting our support team at help@outbound.com.

Discontinuation of Services

We may decide to discontinue our Services, but if we do, we will give you advance notice and a refund for any prepaid, unused Services.

16. Indemnity

If you are a business or organization, to the extent permitted by law, you will indemnify and hold harmless us, our affiliates, and our personnel, from and against any costs, losses, liabilities, and expenses (including attorneys’ fees) from third party claims arising out of or relating to your use of the Services and Content or any violation of these Terms. You may not settle any such third party claims without our written consent.

17. Dispute Resolution

YOU AND OUTBOUND AGREE TO THE FOLLOWING MANDATORY ARBITRATION AND CLASS ACTION WAIVER PROVISIONS:

MANDATORY ARBITRATION

You and Outbound agree to resolve any claims arising out of or relating to these Terms or our Services, regardless of when the claim arose, even if it was before these Terms existed (a “Dispute”), through final and binding arbitration. You may opt out of arbitration within 30 days of account creation or of any updates to these arbitration terms within 30 days after the update has taken effect by sending an email to arbitration-opt-out@outbound.com. If you opt out of an update, the last set of agreed upon arbitration terms will apply.

Informal Dispute Resolution

We would like to understand and try to address your concerns prior to formal legal action. Before either of us files a claim against the other, we both agree to try to resolve the Dispute informally. You agree to do so by sending an email to disputes@outbound.com. We will do so by sending you notice to the email address associated with your account. If we are unable to resolve a Dispute within 60 days, either of us has the right to initiate arbitration. We also both agree to attend an individual settlement conference if either party requests one during this time. Any statute of limitations will be tolled during this informal resolution process.

Arbitration Forum

If we are unable to resolve the Dispute, either of us may commence arbitration with National Arbitration and Mediation (“NAM”) under its Comprehensive Dispute Resolution Rules and Procedures and/or Supplemental Rules for Mass Arbitration Filings, as applicable (available here). Outbound will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous. The activities described in these Terms involve interstate commerce and the Federal Arbitration Act will govern the interpretation and enforcement of these arbitration terms and any arbitration.

Arbitration Procedures

The arbitration will be conducted by video-conference if possible, but if the arbitrator determines a hearing should be conducted in person, the location will be mutually agreed upon, in the county where you reside, or as determined by the arbitrator, unless the batch arbitration process applies. The arbitration will be conducted by a sole arbitrator. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of Delaware. The arbitrator will have exclusive authority to resolve any Dispute, except the state or federal courts of New Castle County, Delaware have the authority to determine any Dispute about enforceability, validity of the class action waiver, or requests for public injunctive relief, as set out below. Any settlement offer amounts will not be disclosed to the arbitrator by either party until after the arbitrator determines the final award, if any. The arbitrator has the authority to grant motions dispositive of all or part of any Dispute.

Exceptions

This section does not require informal dispute resolution or arbitration of the following claims: (i) individual claims brought in small claims court; and (ii) injunctive or other equitable relief to stop unauthorized use or abuse of the Services or intellectual property infringement or misappropriation.

CLASS AND JURY TRIAL WAIVERS

You and Outbound agree that Disputes must be brought on an individual basis only, and may not be brought as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Class arbitrations, class actions, and representative actions are prohibited. Only individual relief is available. The parties agree to sever and litigate in court any request for public injunctive relief after completing arbitration for the underlying claim and all other claims. This does not prevent either party from participating in a class-wide settlement. You and Outbound knowingly and irrevocably waive any right to trial by jury in any action, proceeding, or counterclaim.

Batch Arbitration

If 25 or more claimants represented by the same or similar counsel file demands for arbitration raising substantially similar Disputes within 90 days of each other, then you and Outbound agree that NAM will administer them in batches of up to 50 claimants each (“Batch”), unless there are less than 50 claimants in total or after batching, which will comprise a single Batch. NAM will administer each Batch as a single consolidated arbitration with one arbitrator, one set of arbitration fees, and one hearing held by videoconference or in a location decided by the arbitrator for each Batch. If any part of this section is found to be invalid or unenforceable as to a particular claimant or Batch, it will be severed and arbitrated in individual proceedings.

Severability

If any part of these arbitration terms is found to be illegal or unenforceable, the remainder will remain in effect, except that if a finding of partial illegality or unenforceability would allow class arbitration, class action, or representative action, this entire dispute resolution section will be unenforceable in its entirety.

18. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Outbound that your copyrighted material has been infringed.

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the Services;
Your address, telephone number, and e-mail address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Outbound’s Copyright Agent for notice of claims of copyright infringement can be reached as follows:

Outbound Technologies, Inc.
2810 N Church St
Suite 59238
Wilmington, DE 19802-4447
United States of America
e-mail: copyright-claim@outbound.com
Attn: Legal / Copyright

19. Governing Law and Venue

THESE TERMS AND YOUR USE OF THE SERVICES SHALL BE GOVERNED BY THE LAWS OF THE STATE OF DELAWARE, WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS.
Subject to the foregoing agreement to arbitrate, the state or federal courts sitting in New Castle County, Delaware shall have exclusive jurisdiction and venue over any dispute arising out of these Terms and sale, and you hereby consent to the jurisdiction of such courts.

20. General Terms

Assignment. You may not assign or transfer any rights or obligations under these Terms and any attempt to do so will be void. We may assign our rights or obligations under these Terms to any affiliate, subsidiary, or successor in interest of any business associated with our Services. Changes to These Terms or Our Services. We are continuously working to develop and improve our Services. We may update these Terms or our Services accordingly from time to time. For example, we may make changes to these Terms or the Services due to:

Changes to the law or regulatory requirements.
Security or safety reasons.
Circumstances beyond our reasonable control.
Changes we make in the usual course of developing our Services.
To adapt to new technologies. We will give you at least 30 days advance notice of changes to these Terms that materially adversely impact you either via email or an in-product notification. All other changes will be effective as soon as we post them to our website. If you do not agree to the changes, you must stop using our Services. You may not change these terms unless we agree to such changes in a written agreement signed by one of our authorized representatives.

No Third-Party Beneficiaries

There are no third-party beneficiaries to these Terms, including your affiliates and Authorized Users.

Delay in Enforcing These Terms

Our failure to enforce a provision is not a waiver of our right to do so later. Except as provided in the dispute resolution section above, if any portion of these Terms is determined to be invalid or unenforceable, that portion will be enforced to the maximum extent permissible and it will not affect the enforceability of any other terms.

Trade Controls

You must comply with all applicable trade laws, including sanctions and export control laws. Our Services may not be used in or for the benefit of, or exported or re-exported to (a) any U.S. embargoed country or territory or (b) any individual or entity with whom dealings are prohibited or restricted under applicable trade laws. Our Services may not be used for any end use prohibited by applicable trade laws, and your Input may not include material or information that requires a government license for release or export.

Survival

Sections 3, 9-14 (inclusive), 16, 17, 19 and 20 shall survive any termination of your access to our Services or these Terms.

Entire Agreement

These Terms, together with the Acceptable Usage Policy, contain the entire agreement between you and Outbound regarding the Services and supersedes any prior or contemporaneous agreements between you and Outbound.

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