Terms of Service
Last updated: 26 November 2024
1. Introduction
These Terms of Service ("Terms") govern your use of the Outreach email marketing platform ("Service") operated by Regen Outreach Ltd ("Company", "we", "us", "our").
By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of these terms, you may not access the Service.
2. Definitions
- "Account" means a registered account on our platform
- "Content" means emails, templates, images, and other materials you create or upload
- "Subscriber" means any person whose contact information you upload to the Service
- "User" means you, the person or entity using the Service
3. Account Registration
3.1 Eligibility
You must be at least 18 years old and capable of entering into a binding contract to use our Service. By registering, you represent that you meet these requirements.
3.2 Account Security
You are responsible for:
- Maintaining the confidentiality of your login credentials
- All activities that occur under your account
- Notifying us immediately of any unauthorized access
4. Acceptable Use
You agree to use our Service only for lawful purposes. You must NOT:
Prohibited Activities
- Send spam or unsolicited commercial emails
- Use purchased, rented, or harvested email lists
- Send emails to recipients who have not given consent
- Include malware, phishing links, or malicious content
- Impersonate others or misrepresent your identity
- Violate any applicable laws (including GDPR, PECR, CAN-SPAM)
- Send content that is illegal, harmful, threatening, or discriminatory
- Attempt to circumvent sending limits or security measures
- Use the Service for illegal activities or fraud
See our Acceptable Use Policy for detailed guidelines.
5. Email Compliance
5.1 Your Responsibilities
As a User sending emails through our Service, you are responsible for:
- Obtaining valid consent from all recipients before sending marketing emails
- Maintaining accurate records of consent (when, how, what was agreed to)
- Providing a working unsubscribe mechanism in every email
- Honouring unsubscribe requests within 48 hours
- Including your physical address in all commercial emails
- Complying with all applicable email marketing laws
5.2 Legal Framework
You must comply with all applicable laws, including but not limited to:
- UK GDPR and Data Protection Act 2018
- Privacy and Electronic Communications Regulations (PECR)
- EU General Data Protection Regulation (GDPR)
- CAN-SPAM Act (for US recipients)
- CASL (for Canadian recipients)
6. Intellectual Property
6.1 Our Rights
The Service, including its design, features, and content (excluding User Content), is owned by the Company and protected by intellectual property laws.
6.2 Your Content
You retain ownership of Content you create or upload. By uploading Content, you grant us a licence to use, store, and display it solely for providing the Service.
6.3 Feedback
Any feedback, suggestions, or ideas you provide may be used by us without obligation to you.
7. Payment Terms
7.1 Fees
Certain features may require payment. All fees are:
- Quoted in GBP unless otherwise stated
- Exclusive of VAT (which will be added where applicable)
- Non-refundable unless otherwise specified
7.2 Billing
Subscription fees are billed in advance on a monthly or annual basis. You authorise us to charge your payment method for all fees incurred.
7.3 Changes to Pricing
We may change our pricing with 30 days' notice. Continued use after price changes constitutes acceptance.
8. Service Availability
We strive to provide reliable service but do not guarantee:
- Uninterrupted or error-free operation
- Specific delivery rates or email inbox placement
- Availability at all times (maintenance windows may occur)
We will use reasonable efforts to notify you of planned downtime.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
- Our liability is limited to the fees you paid in the 12 months preceding the claim
- We are not liable for indirect, incidental, special, or consequential damages
- We are not liable for loss of data, revenue, profits, or business opportunities
- We are not liable for actions taken by third parties, including email providers
Nothing in these Terms excludes liability for death, personal injury caused by negligence, fraud, or any other liability that cannot be excluded by law.
10. Indemnification
You agree to indemnify and hold us harmless from any claims, damages, or expenses arising from:
- Your use of the Service
- Your violation of these Terms
- Your Content or emails sent through the Service
- Your violation of any third-party rights or applicable laws
11. Termination
11.1 By You
You may cancel your account at any time through your account settings or by contacting us.
11.2 By Us
We may suspend or terminate your account if you:
- Breach these Terms
- Violate our Acceptable Use Policy
- Generate excessive spam complaints
- Fail to pay fees when due
- Engage in fraudulent activity
11.3 Effect of Termination
Upon termination:
- Your access to the Service will cease immediately
- Your data will be deleted within 30 days (unless legally required to retain)
- No refunds will be issued for unused subscription periods
12. Governing Law
These Terms are governed by the laws of England and Wales. Any disputes shall be subject to the exclusive jurisdiction of the English courts.
13. Changes to Terms
We may modify these Terms at any time. We will notify you of material changes via email or through the Service. Continued use after changes constitutes acceptance of the new Terms.
14. General Provisions
- Entire Agreement: These Terms constitute the entire agreement between you and us
- Severability: If any provision is unenforceable, other provisions remain in effect
- Waiver: Failure to enforce any right is not a waiver of that right
- Assignment: You may not assign these Terms without our consent
15. Contact Us
For questions about these Terms:
- Email: legal@regenoutreach.com
- Address: United Kingdom