Terms of Service

1. Scope of Services

GillyReach provides software and related services designed to help users research companies and contacts, generate and refine outreach content, connect third-party accounts, send and sequence business communications, and manage related workflows, analytics, and integrations (collectively, the "Services").

The Services may include, without limitation:

• contact and company research tools;
• AI-assisted drafting, editing, and content generation;
• sequencing and campaign workflow tools;
• mailbox and third-party integration features;
• deliverability or verification features;
• analytics, reporting, and workflow support tools.

The Services are offered for business and professional use only.

2. Eligibility and Authority

You represent and warrant that:

• you are at least 18 years old;
• you have the legal capacity to enter into these Terms;
• if you use the Services on behalf of a company or other entity, you have authority to bind that entity to these Terms; and
• you will comply with all applicable laws, rules, and regulations in connection with your use of the Services.

3. Accounts

You may need to create an account to access some or all of the Services. You agree to provide accurate, current, and complete information and to keep that information updated.

You are responsible for:

• maintaining the confidentiality of your login credentials;
• all activities that occur under your account;
• promptly notifying us of any unauthorized access or security incident involving your account.

We may suspend or terminate access to any account that we reasonably believe has been compromised or used in violation of these Terms.

4. Subscription, Fees, and Billing

Some features of the Services may require payment. If you purchase a paid plan, you agree to pay all applicable fees, taxes, and charges.

Unless otherwise stated in an order form, checkout page, or separate written agreement:

• subscriptions are billed in advance;
• subscriptions automatically renew for successive terms unless canceled before renewal;
• fees are non-refundable except where required by law or expressly stated by us in writing;
• we may change pricing for future billing periods by providing advance notice.

If payment fails or your account becomes delinquent, we may suspend or terminate access to paid features.

5. License and Permitted Use

Subject to your compliance with these Terms, GillyReach grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Services during the applicable term solely for your internal business purposes.

You may use the Services only in accordance with:

• these Terms;
• our documentation, policies, and product limitations;
• applicable laws and regulations;
• the rules of any connected third-party provider.

6. Prohibited Uses

You may not, and may not permit any third party to:

• use the Services for unlawful, fraudulent, misleading, abusive, harassing, or deceptive conduct;
• violate any applicable privacy, data protection, anti-spam, consumer protection, sanctions, export, or communications law;
• send spam or unlawful commercial communications;
• impersonate any person or entity or misrepresent affiliation, origin, identity, or authorization;
• use the Services to target minors or collect sensitive personal data unless expressly authorized by us in writing;
• upload or transmit malware, malicious code, or harmful content;
• interfere with, disrupt, or circumvent the integrity, security, or performance of the Services;
• scrape, harvest, reverse engineer, decompile, or otherwise attempt to derive source code or underlying models, systems, or data structures from the Services;
• use the Services to build, train, benchmark, or improve a competing product or service;
• resell, sublicense, lease, distribute, or provide access to the Services except as expressly authorized in writing;
• use group inboxes or misleading sender identities in ways that violate law or third-party provider rules;
• use the Services to determine creditworthiness, lending eligibility, insurance eligibility, employment eligibility, housing eligibility, or for other regulated decision-making uses unless expressly authorized by us in writing.

We may investigate misuse and take any action we deem appropriate, including suspension or termination.

7. Customer Data

You retain ownership of the data, content, prompts, contacts, drafts, files, and other materials you submit to or process through the Services ("Customer Data"), subject to the rights you grant us in these Terms.

You grant GillyReach a non-exclusive, worldwide, royalty-free license to host, store, reproduce, process, transmit, display, and otherwise use Customer Data as necessary to:

• provide and operate the Services;
• maintain integrations and workflow functionality;
• secure, monitor, and improve the Services;
• provide support;
• comply with law;
• enforce these Terms.

You represent and warrant that you have all rights, permissions, and lawful bases necessary for your collection, upload, processing, and use of Customer Data through the Services.

You are solely responsible for:

• the legality, accuracy, and quality of Customer Data;
• your campaigns, sequences, messages, and content;
• ensuring that your use of Customer Data complies with applicable law.

8. Business Contact and Research Data

The Services may display, process, or generate information about companies and individuals in a professional context, including business contact information, public information, inferred data, and research outputs.

Such data may come from:

• information you provide;
• public sources;
• third-party data vendors or enrichment providers;
• connected integrations;
• user-configured workflows;
• AI-generated summaries or outputs.

You are responsible for independently evaluating the accuracy, appropriateness, and lawful use of any such data before acting on it.

GillyReach does not guarantee that company, contact, or research data is complete, current, or error-free.

9. AI Features

The Services may include features that use artificial intelligence, machine learning, or automated systems to generate or transform content, analyze information, suggest actions, score leads, or support workflows.

You acknowledge and agree that:

• AI-generated outputs may be incomplete, inaccurate, biased, or unsuitable for your intended purpose;
• you are solely responsible for reviewing and approving outputs before use;
• GillyReach does not guarantee any outcome, response rate, accuracy level, or business result from AI-generated content or suggestions.

You may not use AI-generated outputs in a way that violates law, third-party rights, or these Terms.

10. Connected Accounts and Integrations

The Services may allow you to connect third-party platforms and services, including email providers, outreach tools, CRMs, and other systems ("Third-Party Services"), such as Gmail, Microsoft Outlook, Smartlead, and HeyReach.

By connecting a Third-Party Service, you authorize GillyReach to access and process data made available through that connection as necessary to provide the features you enable.

You acknowledge and agree that:

• your use of any Third-Party Service remains subject to that provider's terms and policies;
• GillyReach is not responsible for the availability, security, accuracy, or performance of Third-Party Services;
• Third-Party Services may change, suspend, or discontinue integrations at any time;
• we may add, modify, or remove integrations at any time.

You are responsible for maintaining all rights and permissions needed for any connected account or integration.

11. Messaging and Compliance Responsibilities

You are solely responsible for ensuring that your use of the Services to send, schedule, sequence, or manage communications complies with all applicable laws, regulations, and industry rules, including those relating to:

• commercial email;
• consent and opt-out requirements;
• recordkeeping;
• sender identification;
• suppression lists;
• privacy and data protection;
• marketing and outreach laws.

You agree not to use the Services in violation of CAN-SPAM, CASL, the TCPA, the GDPR, the UK GDPR, the ePrivacy framework, or similar laws, where applicable.

GillyReach may provide tools that assist with compliance, but you remain solely responsible for legal compliance in your use of the Services.

12. Google and Microsoft Connected Data

If you connect Google or Microsoft accounts to the Services, your use of those integrations is subject to the permissions you grant and the policies of those providers.

You acknowledge that GillyReach may access and process authorized account data, including identity information, email metadata, draft content, sent messages, and reply-thread data, as necessary to provide visible user-facing features such as drafting, sending, sequencing, reply detection, and workflow continuity.

GillyReach's use and transfer of information received from Google APIs to any other app will adhere to the Google API Services User Data Policy, including the Limited Use requirements.

You may disconnect integrations at any time, but some previously processed records may remain retained as necessary for security, compliance, dispute resolution, or operation of already-initiated workflows.

13. Feedback

If you provide feedback, ideas, suggestions, or feature requests regarding the Services, you grant GillyReach a worldwide, perpetual, irrevocable, royalty-free right to use, modify, and incorporate that feedback without restriction or compensation to you.

14. Intellectual Property

As between you and GillyReach, GillyReach owns all right, title, and interest in and to the Services, including all software, code, user interfaces, workflows, designs, trademarks, service marks, documentation, models, systems, and related intellectual property, excluding Customer Data.

These Terms do not transfer any ownership rights to you.

You may not use GillyReach's name, logo, branding, or other proprietary materials without prior written permission.

15. Privacy

Your use of the Services is also subject to our Privacy Policy, which is incorporated into these Terms by reference.

16. Beta Features

We may make available certain beta, preview, pilot, or experimental features ("Beta Features"). Beta Features are provided "as is" and may be modified or discontinued at any time without liability.

We make no commitments regarding the availability, performance, or support of Beta Features.

17. Suspension and Termination

We may suspend or terminate your access to the Services, in whole or in part, at any time, with or without notice, if:

• you violate these Terms;
• you create legal, compliance, or security risk;
• your use is fraudulent, abusive, or disruptive;
• required by law or a third-party provider;
• fees remain unpaid;
• we reasonably believe termination is necessary to protect the Services, our users, or third parties.

You may stop using the Services at any time. If you are on a paid subscription, termination does not relieve you of payment obligations already incurred.

Upon termination:

• your right to use the Services ends immediately;
• we may disable access to your account and connected integrations;
• we may delete or retain data in accordance with our retention practices and legal obligations.

18. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."

TO THE MAXIMUM EXTENT PERMITTED BY LAW, GILLYREACH DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, OR QUIET ENJOYMENT.

WITHOUT LIMITING THE FOREGOING, GILLYREACH DOES NOT WARRANT THAT:

• THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE;
• ANY DATA, CONTACT INFORMATION, RESEARCH OUTPUT, OR AI OUTPUT WILL BE ACCURATE, COMPLETE, OR CURRENT;
• ANY MESSAGE WILL BE DELIVERED, SEEN, RESPONDED TO, OR FREE FROM FILTERING OR REPUTATION IMPACT;
• ANY INTEGRATION WILL REMAIN AVAILABLE OR FUNCTIONAL.

YOUR USE OF THE SERVICES IS AT YOUR OWN RISK.

19. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, GILLYREACH AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, BUSINESS, GOODWILL, OR REPUTATION, ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, GILLYREACH'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF:

• THE AMOUNT YOU PAID TO GILLYREACH IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR
• ONE HUNDRED U.S. DOLLARS (US $100), IF YOU HAVE NOT PAID US ANY FEES.

20. Indemnification

You agree to defend, indemnify, and hold harmless GillyReach and its affiliates, officers, directors, employees, contractors, agents, licensors, and service providers from and against any claims, liabilities, damages, losses, judgments, costs, and expenses, including reasonable attorneys' fees, arising out of or related to:

• your use of the Services;
• your Customer Data;
• your campaigns, messages, sequences, or outreach;
• your violation of these Terms;
• your violation of applicable law;
• your infringement or misappropriation of any third-party rights.

21. Governing Law

These Terms are governed by the laws of the State of Colorado, without regard to conflict of laws principles.

22. Dispute Resolution and Arbitration

Please read this section carefully.

Any dispute, claim, or controversy arising out of or relating to these Terms or the Services that cannot be resolved informally will be resolved by binding arbitration on an individual basis, except that either party may seek injunctive or equitable relief in a court of competent jurisdiction for misuse of intellectual property, confidential information, or unlawful access to systems.

Before filing arbitration, the parties agree to attempt to resolve the dispute informally by written notice.

Unless otherwise required by law, arbitration will be administered by JAMS or another mutually agreed arbitration provider under its applicable rules. Arbitration will take place in Jefferson County, Colorado or remotely, at GillyReach's election.

YOU AND GILLYREACH WAIVE ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE ACTION.

23. Export Controls and Sanctions

You may not use the Services in violation of any export control, trade sanctions, or similar laws and regulations. You represent and warrant that you are not located in, organized under the laws of, or ordinarily resident in any restricted jurisdiction where use of the Services would be prohibited.

24. Changes to the Services

We may modify, suspend, or discontinue any part of the Services at any time, including features, functionality, limits, integrations, pricing, or support, subject to applicable law and any written commitments in an order form.

25. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will post the updated Terms and update the "Last Updated" date. Your continued use of the Services after the updated Terms become effective constitutes your acceptance of the revised Terms.

26. General

These Terms, together with any order forms, incorporated policies, and referenced addenda, constitute the entire agreement between you and GillyReach regarding the Services and supersede all prior or contemporaneous understandings relating to the subject matter hereof.

If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect.

Our failure to enforce any provision is not a waiver of that provision.

You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, financing, reorganization, or sale of assets, or by operation of law.

27. Contact

If you have questions about these Terms, contact us at:

GillyReach, LLC
1700 Washington Ave
Golden, CO 80401
Email: support@gillyreach.io Website: https://gillyreach.io