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1. Purpose

These terms of use govern access to and use of the SmartOutbound online service, published by SmartOutbound ("the Publisher"), by a professional acting for business purposes ("the Customer").

Any access to the service implies unreserved acceptance of these terms. Financial terms (trial, prices, payment, cancellation) are set out in the terms of sale.

2. The service

SmartOutbound helps the Customer prospect by email: connecting their own sending mailboxes, warmup, AI scoring of prospects and AI copywriting, sending sequences, tracking and sorting replies, and an AI assistant to set up campaigns.

The Publisher provides a means, not a result: it guarantees neither email deliverability nor a number of replies or customers. AI-generated content may contain errors: the Customer reviews it before sending.

3. Access to the service

The service is reserved for professionals, legal entities or individuals acting in the course of their business. It is not intended for consumers.

The Customer provides accurate information when creating their account, keeps their credentials confidential and is responsible for actions taken from their workspace, including by members they invite.

4. Use of the service

The Customer alone is responsible for their contact lists, messages and sends. They undertake to:

• use the service in accordance with applicable law, in particular the GDPR and rules on direct marketing;
• only contact addresses obtained lawfully and honour opt-out requests;
• send no unlawful or misleading content, impersonation, phishing or spam;
• only use mailboxes and domains they are entitled to use;
• not circumvent the service's limits (at most 50 campaign emails per day per mailbox).

The Customer acts as data controller for their prospects' data. The Publisher processes it on their behalf under the data processing agreement, which forms part of these terms.

5. Intellectual property

The entire platform (code, design, brand, content) is the exclusive property of the Publisher. Any unauthorised reproduction or use is prohibited. The Customer remains the owner of their data and of the messages created in their workspace.

6. Availability

The Publisher strives to keep the service available 24/7, without any guarantee of continuity. Maintenance interruptions may occur without notice.

7. Suspension and termination

The Customer may delete their workspace at any time from their settings. The Publisher may suspend or delete a workspace without notice in the event of a breach of these terms, reported abuse or risk to the service, and informs the Customer. A campaign's sends also pause automatically if its bounce rate becomes too high.

8. Liability

The Publisher cannot be held liable for the Customer's use of the service, nor for indirect damage (loss of revenue, customers or data, damage to reputation). Should its liability be established, it is limited to the amounts paid by the Customer over the previous twelve months.

The Customer indemnifies the Publisher against any third-party claim relating to their lists, messages or sends.

9. Changes to these terms

The Publisher may amend these terms. Significant changes are announced by email at least 30 days before they take effect. Any question: commercial@smartoutbound.cloud.

10. Governing law

These terms are governed by French law. In the event of a dispute, and after an attempt at amicable settlement, the courts within the jurisdiction of Versailles (France) have sole jurisdiction.