Terms of Service

1. Acceptance of Terms

Welcome to ExiReach ("Platform", "We", "Us", or "Our"). By accepting an invitation to a workspace, accessing, or using our AI-driven email outreach, sales automation, CRM services, and associated application programming interfaces (APIs), you ("Customer", "User", or "You") agree to be legally bound by these Terms of Service ("Terms").

If you are entering into this agreement on behalf of a company, organization, or other legal entity, you represent and warrant that you have full authority to bind such entity to these Terms. If you do not agree to all terms and conditions, you must refrain from accessing or utilizing our services.

2. Account & Workspace Security

• Eligibility: You must be at least 18 years of age or the legal age of majority in your jurisdiction to use ExiReach.
• Account Provisioning: Workspaces are provisioned by ExiReach, and user accounts are created from an invitation issued by a workspace owner or admin. You agree to keep the account details you provide accurate and your email address current.
• Credential Confidentiality: You are solely responsible for maintaining the confidentiality of your login credentials, OAuth tokens, and API credentials. Any activity occurring under your account or workspace is your sole responsibility.
• Unauthorized Access Notification: You must immediately notify us at [email protected] upon discovering any unauthorized access or breach of account security.

3. Outreach Compliance & Acceptable Use Policy

ExiReach is designed strictly for lawful B2B sales outreach and communication. You agree that your use of the platform will comply with all applicable global laws and regulations, including but not limited to the CAN-SPAM Act, GDPR, CCPA/CPRA, CASL, and email inbox provider guidelines (Google Workspace, Microsoft 365, etc.).

• You must honor all unsubscribe and opt-out requests immediately.
• You must maintain valid SPF, DKIM, and DMARC DNS authentication for connected custom domains.
• You will not attempt to reverse engineer, scrape, rate-limit abuse, or overload ExiReach infrastructure.

4. AI Engine & Machine Learning Usage

ExiReach incorporates artificial intelligence models to assist with lead discovery, personalized message drafting, sequence automation, and email response analytics.

• Human Oversight: AI-generated suggestions, subject lines, and draft responses are provided as productivity aids. You retain sole responsibility for reviewing and verifying generated content prior to dispatch.
• Data Privacy in AI: Your customer CRM data and confidential business communications are non-public and isolated per tenant. We do not sell your workspace data or use proprietary sales messaging to train public AI foundation models without explicit consent.

5. Intellectual Property & Customer Data

Our IP: All rights, title, and interest in ExiReach, including software code, UI design, trademarks, algorithms, and documentation remain the exclusive property of Exicube App Solutions (OPC) Private Limited.

Your Data: You retain full ownership of all prospect lists, CRM contacts, email copy, and uploaded campaign data ("Customer Data"). You grant ExiReach a limited, non-exclusive license to host, process, and transmit Customer Data solely to perform the requested services.

6. Engagement, Fees & Invoicing

Fees, billing frequency and payment terms are set out in your services agreement. The following apply unless that agreement says otherwise.

• Invoicing: Fees are invoiced by Exicube App Solutions (OPC) Private Limited and are payable by bank transfer to the account named on the invoice, within the period stated on it.
• Taxes: Fees are exclusive of tax. Where the supply is an export of services from India, Indian GST is not charged on the invoice; any tax due in your own jurisdiction — including under a reverse-charge mechanism — is your responsibility to account for.
• Currency: Invoices are issued in US dollars unless your services agreement specifies another currency. Bank charges and any currency conversion costs are borne by the payer.
• Price changes: Fee changes are agreed in writing and take effect from the start of the next billing period. They do not apply to a period already invoiced.
• Non-payment: Where an invoice remains unpaid past its due date, we may suspend delivery after giving written notice. Suspension does not delete your data — see Section 10.

7. Refunds & Cancellations

We want you to be satisfied with ExiReach. Fees are invoiced directly by Exicube, so refunds and cancellations are handled by us — there is no third-party reseller in between.

• Refunds: Refund eligibility for a paid period is set out in your services agreement. To raise one, contact [email protected].
• Cancelling: Notice periods are those stated in your services agreement. Cancellation stops future invoicing; the service continues to the end of any period already invoiced, and no partial-period refund is issued for the remainder unless the agreement provides one.
• Statutory rights: Nothing here limits any non-waivable right of withdrawal or cancellation you have under the consumer law of your country. Where such a right applies, it takes precedence over this section.
• Exceptions:Refunds are not available for workspaces terminated for breach of Section 3 (Outreach Compliance & Acceptable Use).

8. Beta Service, Warranties & Disclaimers

ExiReach is currently in beta. The platform is operated as a managed service for a small number of clients under individual contracts; there is no self-service signup. During beta you should expect that features may be added, changed, or withdrawn; that interfaces and workflows may change between releases; and that we do not offer a service level agreement or an uptime commitment. We will give you reasonable notice of any change that materially affects a campaign you are running.

Beta describes the maturity of the service, not how your data is handled. Personal data is processed as set out in our Privacy Policy and, for managed clients, under the Data Processing Addendum in your services agreement — both apply in full during beta.

EXIREACH IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT GUARANTEE SPECIFIC EMAIL DELIVERABILITY RATES, OPEN RATES, OR REVENUE OUTCOMES.

9. Limitation of Liability

To the maximum extent permitted by applicable law, Exicube App Solutions (OPC) Private Limited and its affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, lost revenue, lost data, or business interruption.

Our total aggregate liability arising out of or relating to these Terms shall not exceed the amount you paid for the service in the twelve (12) months preceding the event giving rise to the claim.

10. Account Termination

You may terminate your account at any time through workspace settings. We reserve the right to suspend or terminate accounts that violate outreach compliance rules or engage in illegal or abusive activities.

On termination, Customer Data is retained for 30 days so that you can export it, after which it is permanently deleted from production systems. You may request immediate deletion at any time — see Section 8 of our Privacy Policy.

11. Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law principles. Subject to the paragraph below, the courts at Kolkata, India shall have exclusive jurisdiction over any dispute arising out of or relating to these Terms.

Nothing in this section deprives you of the protection of any mandatory consumer-protection law of your country of residence, or of your right to bring proceedings there where that law so provides. Disputes concerning a payment, invoice or refund are raised in the first instance with us at [email protected].

12. Company Details & Contact

ExiReach is operated by Exicube App Solutions (OPC) Private Limited, a One Person Company incorporated under the Companies Act, 2013 (India).

Legal, billing and support enquiries all reach us at the address above.