Terms of Service

1. Agreement and Changes

These Terms, together with our Privacy Policy and any order form, plan description, or supplemental terms we provide, constitute the entire agreement between you and Outreach Monkey regarding the Service. We may modify these Terms from time to time. If we make material changes, we will provide reasonable notice (for example, by posting an updated effective date, sending an in-product notice, or emailing you). Your continued use of the Service after the effective date of the updated Terms constitutes your acceptance of those changes. If you do not agree to a change, you must stop using the Service and may cancel your subscription as described below.

2. Definitions

• “Account” means the account you register with Outreach Monkey to access the Service.
• “Customer Data” means any data, content, messages, prospect information, URLs, templates, attachments, or other materials that you or your Authorized Users submit to, generate within, or transmit through the Service.
• “Authorized User” means an individual you authorize to access the Service under your Account, such as an employee, contractor, or agent.
• “Subscription” means a paid plan you purchase, including any free trial that converts into a paid plan.
• “AI Features” means features of the Service that use machine learning models, including third-party large language models, to generate, summarize, classify, draft, or analyze content.
• “Output” means content generated by the Service, including by AI Features, in response to inputs you provide.

3. Eligibility and Accounts

To use the Service, you must be capable of forming a legally binding contract with Outreach Monkey. If you are using the Service on behalf of a company, organization, or other legal entity, you represent and warrant that you have authority to bind that entity to these Terms, in which case “you” refers to that entity. You must provide accurate and complete registration information, keep it current, and protect your credentials. You are responsible for all activity under your Account, including activity by your Authorized Users. Notify us promptly at legal@outreachmonkey.com if you suspect any unauthorized use.

4. Subscriptions, Trials, and Billing

4.1 Plans

Access to the Service is offered through Subscriptions described on our pricing page or in an order form. Plans differ in features, usage limits (such as number of campaigns, prospects, AI credits, mailbox connections, or seats), and price. We may add, modify, or retire plans and features over time. If we materially reduce features in your current plan, we will provide reasonable notice and, where applicable, a pro-rata refund for the unused portion of your prepaid term.

4.2 Free Trial

We may offer a free trial of approximately seven (7) days, or such period as we specify. At the end of the trial, your Account will automatically convert to a paid Subscription on the plan you selected and we will charge the payment method on file unless you cancel before the trial ends. Free trials are intended for evaluation, are limited to one per customer, and may have feature or volume restrictions. We may modify or discontinue free trials at any time.

4.3 Fees, Payment, and Renewal

Fees are quoted in U.S. dollars unless otherwise stated and are billed in advance on a monthly or annual cycle as you select. Subscriptions renew automatically for successive periods of equal length until cancelled. You authorize us and our payment processor (Stripe) to charge your payment method for all fees and applicable taxes. Authorized usage that exceeds your plan’s included limits may incur overage fees as described in your plan or in-product. If a charge fails, we may suspend the Service until payment is received.

4.4 Taxes

Fees are exclusive of taxes, levies, or duties imposed by taxing authorities, including value-added, sales, use, GST/HST, QST, and withholding taxes (collectively, “Taxes”). You are responsible for paying all Taxes associated with your purchases, except for taxes based on our net income. Where required, we will collect and remit Taxes on your behalf.

4.5 Cancellation and Refunds

You may cancel your Subscription at any time through your Account settings or by contacting us. Cancellation takes effect at the end of the current billing period; you will retain access through that period and will not be charged for the next renewal. Except where required by applicable law, fees are non-refundable, and we do not provide refunds or credits for partial billing periods, unused features, or downgrades. We may, in our discretion, offer a refund or credit on a case-by-case basis.

4.6 Price Changes

We may change Subscription prices. For paid Subscriptions, we will provide at least thirty (30) days’ notice before a price change takes effect. The new price will apply on your next renewal. If you do not agree, you may cancel before the renewal date.

5. Customer Data

As between you and Outreach Monkey, you retain all rights, title, and interest in and to Customer Data. You grant Outreach Monkey a worldwide, royalty-free, non-exclusive, sublicensable license to host, copy, process, transmit, display, and create derivative works of Customer Data solely as necessary to: (a) operate, secure, support, and improve the Service; (b) provide AI Features and produce Output; (c) prevent or address technical, security, fraud, or compliance issues; and (d) comply with legal obligations. You represent and warrant that you have all rights, consents, and lawful bases necessary for Outreach Monkey to process Customer Data as contemplated by these Terms and our Privacy Policy. You are solely responsible for the accuracy, quality, legality, and appropriateness of Customer Data.

6. Acceptable Use Policy

You and your Authorized Users must not, and must not enable any third party to:

• violate any applicable law, regulation, or third-party right, including anti-spam laws such as Canada’s Anti-Spam Legislation (CASL), the U.S. CAN-SPAM Act, the UK Privacy and Electronic Communications Regulations (PECR), the EU ePrivacy Directive, and the California Consumer Privacy Act (CCPA);
• send unsolicited commercial messages without the legal basis, consent, or relationship required by applicable law, or fail to honor opt-out, unsubscribe, or do-not-contact requests;
• impersonate any person or entity, misrepresent your identity or affiliation, use false or deceptive header or routing information, or send messages from domains you are not authorized to use;
• send malware, phishing content, fraudulent links, or content that is deceptive, defamatory, harassing, hateful, sexually explicit, or that exploits minors;
• scrape, harvest, or collect data from the Service or any third party in violation of that party’s terms, robots.txt, or applicable law;
• probe, scan, reverse engineer, decompile, or otherwise attempt to discover the source code, models, or non-public components of the Service, except to the extent applicable law expressly prohibits such restriction;
• interfere with, disrupt, overload, or attempt to gain unauthorized access to the Service, accounts, networks, or systems;
• use the Service to develop or train competing products, models, or services, or to benchmark the Service for competitive purposes without our prior written consent;
• submit to the Service any data subject to heightened regulatory requirements (such as protected health information under HIPAA, payment card data, or government-issued identifiers) unless we have expressly agreed in writing;
• remove, obscure, or alter any proprietary notices in the Service or Output.

We may investigate suspected violations and may suspend or terminate Accounts that we reasonably believe are violating these Terms or applicable law. We may report violations to law enforcement.

7. Outreach-Specific Obligations

The Service helps you conduct outreach for link building, public relations, and AI search optimization (“GEO”). Because outreach is regulated, you specifically agree that you will:

• maintain a lawful basis for contacting each recipient (for example, implied consent based on a business relationship, express consent, or a regulator-recognized exception);
• include accurate sender identification and a functioning unsubscribe mechanism in commercial electronic messages, and process opt-outs promptly and within statutory deadlines;
• maintain records sufficient to demonstrate the basis for sending each message, where required;
• comply with the terms of any third-party email provider or mailbox you connect to the Service (for example, Google Workspace, Microsoft 365), including their sending limits and acceptable use rules;
• not engage in manipulative link schemes that violate the guidelines of the search engines or AI providers you target.

8. AI Features and Output

The Service incorporates AI Features powered by our own systems and third-party providers, which may include OpenAI, Anthropic, Google (Gemini), Perplexity, and xAI (Grok). When you use AI Features, your inputs and certain Customer Data may be transmitted to and processed by these providers under their terms and data-handling commitments.

AI Output is generated probabilistically, may be inaccurate or misleading, and does not constitute professional, legal, financial, medical, or other advice. You are solely responsible for reviewing Output before relying on or distributing it. You must not represent Output as human-authored if doing so would be misleading or unlawful.

As between you and Outreach Monkey, and to the extent we have rights to transfer them, we assign to you the rights we have in Output generated for you, subject to your compliance with these Terms. Because AI models can produce similar Output for different users, you acknowledge that Output is not unique and may resemble outputs provided to others. You retain responsibility for ensuring that Output does not infringe third-party rights or violate applicable law.

We may use de-identified, aggregated, or anonymized data derived from your use of the Service to operate, secure, evaluate, and improve our Service and models. We will not use Customer Data to train general-purpose third-party AI models without your consent.

9. Third-Party Services and Integrations

The Service may integrate with or rely on third-party services that you choose to enable, such as email providers, CRMs, analytics tools, and payment processors. Your use of those services is subject to their own terms and privacy policies. Outreach Monkey is not responsible for any third-party service, and enabling a third-party service may permit that provider to access, use, or disclose Customer Data in accordance with its own terms.

10. Intellectual Property

The Service, including all software, models, designs, text, graphics, documentation, trademarks, and other materials provided by Outreach Monkey(the “Outreach Monkey Materials”), is owned by Outreach Monkey or its licensors and is protected by intellectual property and other laws. Subject to your compliance with these Terms, Outreach Monkey grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes during your Subscription term. No rights are granted by implication, estoppel, or otherwise.

If you provide feedback, suggestions, or ideas about the Service (“Feedback”), you grant Outreach Monkey a perpetual, irrevocable, worldwide, royalty-free license to use the Feedback for any purpose without obligation to you.

11. Confidentiality

Each party may receive non-public information from the other that is marked or reasonably understood to be confidential (“Confidential Information”). The receiving party will protect Confidential Information using at least the same degree of care it uses for its own confidential information of like kind, and in no case less than reasonable care, and will use Confidential Information only for purposes of performing under these Terms. Confidential Information does not include information that is publicly available, independently developed, or rightfully received from a third party without restriction. The receiving party may disclose Confidential Information if required by law, provided it gives prompt notice to the disclosing party where legally permitted.

12. Privacy and Data Protection

Our processing of personal information is described in our Privacy Policy. If you process personal information of EU/UK/Swiss data subjects through the Service in a way that requires a data processing agreement, contact us at privacy@outreachmonkey.com to execute our standard DPA, which is incorporated by reference once executed.

13. Service Availability and Beta Features

We strive to make the Service available with high reliability, but the Service is not guaranteed to be uninterrupted or error-free. We may perform scheduled or emergency maintenance and may modify, suspend, or discontinue features at our discretion.

Features designated as “beta,” “preview,” “experimental,” or similar (“Beta Features”) are provided for testing and evaluation, may be changed or discontinued at any time, and are provided on an “as-is” basis without any warranty.

14. Suspension and Termination

We may suspend or terminate your Account or access to the Service if: (a) you breach these Terms, including the Acceptable Use Policy; (b) your use poses a security, legal, or operational risk to Outreach Monkeyor others; (c) we are required to do so by law or regulator; or (d) you fail to pay fees when due. Where reasonable and lawful, we will provide notice and an opportunity to cure. Either party may terminate these Terms for the other’s material breach not cured within thirty (30) days after written notice.

Upon termination, your right to access the Service ends, and we may delete Customer Data after a reasonable retention period as described in our Privacy Policy. Sections that by their nature should survive termination will survive, including provisions on Customer Data, IP, confidentiality, disclaimers, limitation of liability, indemnity, and governing law.

15. Disclaimers

Except as expressly stated in these Terms, the Service and Output are provided “AS IS” and “AS AVAILABLE,” and Outreach Monkey disclaims all warranties, express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, and any warranties arising out of course of dealing or usage of trade. Outreach Monkey does not warrant that the Service will be error-free, secure, or uninterrupted, that defects will be corrected, that the Service will meet your requirements, or that Output will be accurate, complete, or suitable for any purpose. Some jurisdictions do not allow exclusion of certain warranties; in those jurisdictions, the foregoing exclusions apply to the maximum extent permitted.

16. Limitation of Liability

To the maximum extent permitted by applicable law:

• neither party will be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, business, goodwill, data, or anticipated savings, even if advised of the possibility of such damages; and
• each party’s aggregate liability arising out of or relating to these Terms or the Service will not exceed the greater of (i) the fees you paid to Outreach Monkey for the Service in the twelve (12) months immediately preceding the event giving rise to the claim or (ii) one hundred Canadian dollars (CAD $100).

These limitations apply regardless of the legal theory of liability and form an essential basis of the bargain. Some jurisdictions do not allow the exclusion or limitation of certain damages; in those jurisdictions our liability will be limited to the maximum extent permitted by law.

17. Indemnification

You will defend, indemnify, and hold harmless Outreach Monkey, its affiliates, and their respective officers, directors, employees, and agents from and against any third-party claims, damages, liabilities, and reasonable expenses (including reasonable legal fees) arising out of or relating to: (a) Customer Data and your use of the Service; (b) your violation of these Terms, including the Acceptable Use Policy or the Outreach-Specific Obligations; or (c) your violation of any law or third-party right. We will promptly notify you of any claim, provide reasonable cooperation, and allow you to control the defense and settlement, provided that any settlement requiring an admission or payment by us is subject to our prior written consent.

18. Force Majeure

Neither party will be liable for any delay or failure to perform due to causes beyond its reasonable control, including acts of God, labor disputes, internet or utility failures, denial-of-service attacks, third-party service outages, war, terrorism, pandemic, or governmental action.

19. Governing Law and Disputes

These Terms are governed by the laws of the Province of Ontario, Canada and the federal laws of Canada applicable therein, without regard to conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

The parties will use good-faith efforts to resolve any dispute informally before initiating legal proceedings. Either party may seek injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual property or confidential information. All other disputes will be brought exclusively in the courts located in Toronto, Ontario, and the parties consent to the personal jurisdiction of those courts.

To the fullest extent permitted by law, the parties waive any right to a jury trial and waive the right to participate as a representative or member of any class of claimants in any class, collective, or representative action.

20. Export and Sanctions

You will comply with all applicable export, re-export, sanctions, and anti-corruption laws, including those of Canada, the United States, and the European Union. You represent that you are not located in, and will not access the Service from, any country or region subject to comprehensive sanctions and that you are not on any list of restricted or prohibited parties.

21. General

21.1 Assignment

You may not assign or transfer these Terms or any rights or obligations under them without our prior written consent. Outreach Monkey may assign these Terms in connection with a merger, acquisition, reorganization, or sale of assets. Any attempted assignment in violation of this section is void.

21.2 Notices

We may provide notices to you by email to the address associated with your Account, by posting on the Service, or by any other reasonable means. You will provide notices to us by email to legal@outreachmonkey.com.

21.3 Severability and Waiver

If any provision of these Terms is held unenforceable, that provision will be modified to the minimum extent necessary or, if not possible, severed, and the remaining provisions will remain in full force. Our failure to enforce any provision is not a waiver of our right to do so later.

21.4 Independent Contractors

The parties are independent contractors. These Terms do not create any agency, partnership, joint venture, or employment relationship.

21.5 Entire Agreement

These Terms, together with any document expressly incorporated by reference, constitute the entire agreement between the parties regarding the Service and supersede all prior agreements, proposals, and communications regarding its subject matter.

21.6 Electronic Communications

You consent to receive communications from us electronically, and agree that all agreements, notices, and other communications we provide electronically satisfy any legal requirement that such communications be in writing.

21.7 Language

The parties have requested that these Terms and all related documents be drafted in English. Les parties ont demandé que cette convention et tous les documents connexes soient rédigés en anglais.

22. Contact

Questions about these Terms? Contact us at legal@outreachmonkey.com.