LEGAL
Terms & Conditions
1. AGREEMENT TO TERMS
These Terms and Conditions ("Terms") form a binding agreement between you and Outmate.ai ("Outmate", "we", "us", or "our"), operated by Outmate.
By creating an account, signing in, clicking to accept these Terms, or otherwise accessing or using the Outmate platform, website, application programming interfaces, the visitor-tracking pixel, and related services (collectively, the "Platform"), you agree to be bound by these Terms, our Privacy Policy, our Acceptable Use Policy, our Cookie Policy, our AI Disclaimer, and, where applicable, our Data Processing Agreement, each incorporated by reference.
If you do not agree to these Terms, you must not access or use the Platform.
If you enter into these Terms on behalf of a company or other legal entity, you represent that you have authority to bind that entity, and "you" refers to that entity.
2. DEFINITIONS
"Platform" means the Outmate software-as-a-service application, website, dashboards, APIs, the visitor-tracking pixel, and all related features and services.
"User" means any individual who accesses the Platform under an account.
"Subscriber" means the individual or entity that registers for the Platform and is responsible for an account and its associated workspace and data.
"Visitor Data" means data relating to visitors to a Subscriber's website that is collected through the visitor-tracking pixel and processed through the Platform.
"Enriched Data" means business and contact data that the Platform appends to companies and individuals from Outmate's identification logic and third-party data providers.
"ICP" means an ideal-customer-profile configuration defined by a Subscriber and used for matching and scoring.
"Pipeline" means the prioritized set of accounts, contacts, and signals surfaced to a Subscriber through the Platform.
"Copilot" means the Platform's AI-assistant and automation features, including guidance and execution capabilities.
"Subscriber Content" means the prompts, instructions, sequences, workflows, ICP configurations, uploaded data, and other content a User submits to the Platform.
"AI Output" means content generated by the Platform's AI features in response to inputs.
3. ELIGIBILITY
The Platform is provided solely for legitimate business-to-business purposes. You may use the Platform only in a professional or commercial capacity and not for personal, household, or consumer purposes.
You must be at least 18 years old (or the age of majority in your jurisdiction) and competent to enter into a contract.
You represent that you are not barred from using the Platform under the laws of any applicable jurisdiction and that your use complies with all laws applicable to you.
4. ACCOUNT REGISTRATION AND SECURITY
You must provide accurate, current, and complete registration information and keep it updated.
You are responsible for safeguarding your account credentials and for all activity that occurs under your account. You must notify us promptly of any unauthorized use or security incident.
You are responsible for ensuring that all Users you authorize comply with these Terms.
We may suspend or terminate accounts that we reasonably believe to be inaccurate, fraudulent, or in violation of these Terms.
5. LICENSE GRANT AND RESTRICTIONS
Subject to your compliance with these Terms and payment of any applicable fees, Outmate grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Platform for your internal business purposes during the term of your subscription.
Except as expressly permitted, you must not, and must not permit any third party to: (a) copy, modify, or create derivative works of the Platform; (b) reverse engineer, decompile, or disassemble the Platform, or attempt to derive its source code, models, or algorithms, except to the extent this restriction is prohibited by applicable law; (c) resell, sublicense, rent, lease, or provide the Platform to third parties as a service bureau; (d) access the Platform to build a competing product or to benchmark without authorization; (e) scrape, harvest, or bulk-extract data from the Platform other than through documented features and APIs; (f) circumvent usage limits, rate limits, security, or access controls; or (g) remove or obscure any proprietary notices.
All rights not expressly granted are reserved by Outmate.
6. PERMITTED AND PROHIBITED USES
You must use the Platform in accordance with these Terms and our Acceptable Use Policy, which is incorporated by reference and sets out detailed rules on legitimate B2B use, prohibited targeting, anti-spam compliance, and data-protection obligations.
Without limiting the Acceptable Use Policy, you must not use the Platform to: violate any law or third-party right; process special-category or consumer data in breach of applicable law; send unlawful, unsolicited, or deceptive communications; harass, defraud, or harm any person; or upload malicious code.
7. VISITOR TRACKING FEATURE AND SUBSCRIBER OBLIGATIONS
The visitor-tracking feature enables a Subscriber to deploy the Outmate pixel on the Subscriber's own website to identify and enrich visitors. The Subscriber is the controller of its Visitor Data and Outmate acts as the Subscriber's processor in respect of that processing, as further described in the Privacy Policy and Data Processing Agreement.
As a condition of using the visitor-tracking feature, the Subscriber represents, warrants, and agrees that it will: (a) deploy the pixel only on websites it owns or is authorized to operate; (b) maintain a clear and accurate privacy notice on its website that discloses the use of the pixel, the categories of data collected, the identification and enrichment performed, and the recipients of the data; (c) obtain and maintain all consents legally required from its website visitors, including consent for cookies, device fingerprinting, and tracking technologies where required under the ePrivacy regime and equivalent laws, and consent or another valid lawful basis for de-anonymization and processing of personal data; (d) configure the pixel's privacy and consent settings appropriately for the jurisdictions in which its visitors are located, including EU, EEA, UK, Swiss, and Indian visitors; (e) honor opt-out, suppression, and data-subject requests; and (f) not deploy the pixel on websites directed to children or on pages where tracking would be unlawful.
The Subscriber acknowledges that responsibility for the lawfulness of collecting and processing its Visitor Data, including providing notice and obtaining consent from its website visitors, rests with the Subscriber as controller. Outmate provides consent-gating and privacy controls but does not assume the Subscriber's controller obligations.
The Subscriber will indemnify Outmate in accordance with Section 16 for claims arising from the Subscriber's failure to meet the obligations in this Section 7.
8. AI FEATURES (COPILOT AND AUTOMATIONS)
The Platform includes AI-assisted features that generate insights, drafts, scores, recommendations, and automated actions. AI Output is generated by automated systems and large-language models and may be inaccurate, incomplete, outdated, or unsuitable for a particular purpose.
AI Output is provided for assistance only and does not constitute professional, legal, financial, or other advice. You are responsible for reviewing, verifying, and approving AI Output before relying on it, sending it, or taking action based on it. Where the Platform can execute actions automatically (for example, sending communications or syncing data), you are responsible for configuring and supervising those automations.
Outmate does not warrant the accuracy, completeness, or fitness of AI Output and disclaims liability for decisions made or actions taken in reliance on AI Output, as further set out in our AI Disclaimer and in Sections 14 and 15.
You must not use AI features in a manner that violates the acceptable-use terms of Outmate or its underlying model providers, including generating unlawful, infringing, or deceptive content.
9. DATA OWNERSHIP
Subscriber Content and Account Data. As between you and Outmate, you retain all rights you hold in your Subscriber Content and your account data. You grant Outmate a worldwide, non-exclusive, royalty-free license to host, process, transmit, display, and use such content and data as necessary to provide, secure, and improve the Platform and to perform the services you request, including executing your prompts, sequences, and workflows.
Platform and Outmate IP. Outmate and its licensors own all rights in the Platform, including its software, user interfaces, features, algorithms, identification logic, data models, Copilot prompt architecture, documentation, and brand assets. These Terms do not transfer any ownership in the Platform to you.
Aggregated and Anonymized Data. Outmate may generate and use aggregated, de-identified, and anonymized data and insights derived from use of the Platform (including to operate, secure, benchmark, and improve the Platform and its identification and enrichment capabilities), provided that such data does not identify you or any individual. Outmate owns such aggregated and anonymized data and insights.
Enriched Data. Enriched Data is sourced from Outmate's processing and third-party providers and is made available to you under the license in Section 5 and subject to the restrictions in these Terms, our Acceptable Use Policy, and applicable third-party and data-protection terms.
Feedback. If you provide feedback or suggestions, you grant Outmate a perpetual, irrevocable, royalty-free license to use them without restriction or obligation to you.
10. INTEGRATIONS AND THIRD-PARTY SERVICES
The Platform may interoperate with third-party services that you choose to connect. Your use of third-party services is governed by those services' own terms and privacy policies.
Outmate is not responsible or liable for third-party services, including their availability, security, accuracy, or any acts or omissions, or for any loss arising from your use of, or the failure of, a third-party service.
You authorize Outmate to access and exchange data with connected third-party services as necessary to provide the requested functionality, and you represent that you have the authority and rights to grant such access.
11. SUBSCRIPTION, BILLING, AND REFUNDS
Certain features of the Platform are provided on a paid subscription or usage basis. Applicable fees, billing frequency, usage limits, and credit allowances are set out in your order, the Platform, or an applicable order form.
Unless otherwise stated: fees are quoted exclusive of taxes, which you are responsible for; fees are charged in advance for the applicable billing period; and subscriptions renew automatically for successive periods unless cancelled before the renewal date.
Refunds. Except as required by law or expressly stated in an applicable order, fees are non-refundable and there are no refunds or credits for partial periods, unused allowances, or features not used.
Late or failed payments may result in suspension or termination. We may change fees on prospective notice as permitted by your order and applicable law.
12. SUSPENSION AND TERMINATION
You may stop using the Platform and close your account at any time, subject to any committed subscription term.
We may suspend or terminate your access, in whole or in part, with or without notice, if: (a) you breach these Terms, the Acceptable Use Policy, or applicable law; (b) your use poses a security, legal, or operational risk; (c) required by law; or (d) for non-payment.
Upon termination, your license to use the Platform ends and we may delete your account data in accordance with our Privacy Policy and applicable law. You may request export of your data before deletion to the extent supported.
Provisions that by their nature should survive termination (including Sections 5.2, 9, 13, 14, 15, 16, 17, 18, and 19) survive.
13. CONFIDENTIALITY
Each party may receive confidential information of the other. The receiving party will protect such information with reasonable care, use it only to perform under these Terms, and not disclose it except to personnel and advisers bound by confidentiality, or as required by law.
14. DISCLAIMER OF WARRANTIES
The Platform, Enriched Data, and AI Output are provided "as is" and "as available" without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title, accuracy, and non-infringement.
Without limitation, Outmate does not warrant that: the Platform will be uninterrupted, secure, or error-free; identification, enrichment, scoring, or AI Output will be accurate, complete, current, or fit for your purposes; or that defects will be corrected. You are responsible for verifying data and outputs before relying on them.
Some jurisdictions do not allow the exclusion of certain warranties; in such cases, the above exclusions apply to the maximum extent permitted by law.
15. LIMITATION OF LIABILITY
To the maximum extent permitted by law, Outmate and its affiliates, officers, employees, and suppliers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business opportunity, arising out of or relating to the Platform or these Terms, whether in contract, tort, or otherwise, even if advised of the possibility of such damages.
To the maximum extent permitted by law, Outmate's total aggregate liability arising out of or relating to the Platform or these Terms will not exceed the greater of (a) the total fees you paid to Outmate for the Platform in the twelve months preceding the event giving rise to the liability, or (b) USD 100.
Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law.
16. INDEMNIFICATION
You will defend, indemnify, and hold harmless Outmate and its affiliates and their respective officers, directors, employees, and agents from and against any claims, damages, liabilities, losses, and expenses (including reasonable legal fees) arising out of or related to: (a) your use of the Platform; (b) your Subscriber Content; (c) your deployment and operation of the visitor-tracking pixel and your obligations under Section 7, including failure to provide notice or obtain consent from your website visitors; (d) your violation of these Terms, the Acceptable Use Policy, or applicable law; or (e) your violation of any third-party right, including data-protection, privacy, and intellectual-property rights.
17. GOVERNING LAW AND JURISDICTION
These Terms are governed by the laws of our jurisdiction of incorporation, without regard to conflict-of-laws principles.
Subject to Section 18, the courts of that jurisdiction will have exclusive jurisdiction over disputes arising out of or relating to these Terms, and the parties submit to that jurisdiction.
Nothing in this Section affects any mandatory consumer or statutory protections available to you under the law of your place of residence, to the extent applicable.
18. DISPUTE RESOLUTION
Before commencing formal proceedings, the parties will attempt in good faith to resolve any dispute through informal negotiation by contacting gautam.singh@outmate.ai.
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19. CHANGES TO THESE TERMS
We may modify these Terms from time to time. When we make material changes, we will update the "Last Updated" date and provide notice as required by law. Your continued use of the Platform after the changes take effect constitutes acceptance. If you do not agree to the changes, you must stop using the Platform.
20. GENERAL
Entire Agreement. These Terms and the documents incorporated by reference constitute the entire agreement between you and Outmate regarding the Platform and supersede prior agreements on the subject.
Severability. If any provision is held unenforceable, the remaining provisions remain in effect, and the unenforceable provision will be modified to the minimum extent necessary.
Waiver. A failure to enforce a provision is not a waiver.
Assignment. You may not assign these Terms without our prior written consent; we may assign these Terms to an affiliate or in connection with a merger, acquisition, or sale of assets.
Force Majeure. Neither party is liable for delay or failure due to causes beyond its reasonable control.
Notices. We may provide notices through the Platform or by email. You may contact us at gautam.singh@outmate.ai.
21. CONTACT INFORMATION
Outmate. Email: gautam.singh@outmate.ai.
This document is provided for general information and does not constitute legal advice. Items shown highlighted are subject to final confirmation before publication.