Terms of Service

These Terms of Service (the 'Terms') constitute a legally binding agreement between you ('User', 'you', or 'your') and FirstSales ('FirstSales', 'we', 'us', or 'our') governing your access to and use of the FirstSales platform, website, and all related services (collectively, the 'Service'). Please read these Terms carefully before registering for or using the Service.

By clicking 'I agree', completing the registration process, initiating the $1 trial, subscribing to a paid plan, or otherwise accessing or using any part of the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

If you are accepting these Terms on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. In that case, 'you' refers to both that entity and yourself individually.

The following defined terms are used throughout these Terms:

• 'Service' means the FirstSales web application, APIs, integrations, automations, analytics dashboards, and all associated tooling made available at firstsales.io and any subdomains thereof.
• 'User' or 'you' means any individual or entity that accesses or uses the Service under a registered Account.
• 'Account' means the unique login credential set and associated data profile created when you register with FirstSales.
• 'Subscription' means a recurring paid plan (monthly or annual) granting access to designated Service features during the applicable subscription period.
• 'Trial' means the limited-time $1 introductory access period described in Section 4.
• 'Content' means any text, data, email copy, templates, settings, configurations, or other material you create, upload, or store within the Service.
• 'Prospect Data' means information about third-party business contacts (names, email addresses, company details, and related attributes) that you import, upload, or otherwise load into the Service for outreach purposes.
• 'Connected Mailbox' means any email account (Google Workspace, Microsoft 365, or IMAP/SMTP) that you authorize FirstSales to access and send from on your behalf.
• 'Suppression List' means the record of email addresses that have opted out of or unsubscribed from your outreach, maintained within the Service.

The Service is intended for business-to-business (B2B) commercial use only. You must be at least 18 years of age and, where applicable, of legal age to form a binding contract in your jurisdiction. By using the Service you represent and warrant that you meet these eligibility requirements.

You agree to provide accurate, current, and complete information when creating your Account, including your name, business email address, and billing details. You are responsible for keeping this information up to date. Providing false or misleading information may result in immediate suspension or termination of your Account.

• You are solely responsible for maintaining the confidentiality of your Account credentials, including your password and any API keys or OAuth tokens associated with your Account.
• You are responsible for all activity that occurs under your Account, whether or not you authorized such activity.
• You must notify FirstSales immediately at support@firstsales.io if you suspect any unauthorized access to or use of your Account.
• You may not share, sell, transfer, or sublicense your Account to any third party.
• Each Account corresponds to a single subscribing individual or business entity. Shared or pooled access by multiple unaffiliated parties is prohibited unless explicitly agreed in a separate written arrangement with FirstSales.

FirstSales reserves the right to refuse registration, suspend an Account, or terminate access at its sole discretion, including where it has reason to believe these Terms are being violated.

FirstSales offers various subscription plans with different feature sets and sending limits. Details of current plans, pricing, and included features are published on the firstsales.io pricing page and may be updated from time to time in accordance with Section 4 below.

Trial: FirstSales may offer a limited introductory trial for $1.00 USD (the '$1 Trial'). The $1 Trial provides access to designated Service features for a specified trial period. At the end of the $1 Trial period, your Account will automatically convert to a paid subscription at the then-current plan rate unless you cancel before the trial period ends. The $1 Trial charge is a real payment and is subject to the no-refund policy in Section 5.

• All Subscriptions are billed on a recurring basis (monthly or annually, depending on your selected plan) and will auto-renew at the end of each billing cycle unless cancelled.
• You authorize FirstSales and its payment processors to charge your designated payment method on each renewal date without further notice.
• Prices are quoted in USD unless otherwise stated. You are responsible for any applicable taxes, duties, levies, or surcharges imposed by your jurisdiction. FirstSales may be required to collect and remit sales tax in certain jurisdictions.
• FirstSales reserves the right to change subscription pricing. Price increases will be communicated to you via email or in-app notification at least 14 days before taking effect for your next billing cycle. Continued use of the Service after a price change takes effect constitutes your acceptance of the new price.
• Payments are processed through third-party payment processors (such as Stripe). By providing payment information you agree to the applicable payment processor's terms of service. FirstSales does not store full payment card details.
• If a scheduled payment fails, FirstSales may retry the charge and/or suspend access to the Service until outstanding amounts are settled. Continued failure to pay may result in termination of your Account.

FirstSales maintains a strict no-refund policy. We do not issue refunds, credits, or pro-rated adjustments under any circumstances, including but not limited to: early cancellation of a Subscription, downgrading to a lower plan, failure to use the Service, dissatisfaction with deliverability outcomes or campaign results, Account suspension or termination due to violation of these Terms, or technical issues that were outside FirstSales's reasonable control.

This no-refund policy applies regardless of the reason for the refund request, the amount paid, or the length of time elapsed since payment. By completing a purchase or initiating a Trial you expressly acknowledge and agree that you are not entitled to a refund under any circumstances.

If you believe a charge was made in error (for example, a duplicate transaction caused by a billing system fault), please contact support@firstsales.io within 7 days of the charge. FirstSales will investigate but retains sole discretion in determining whether a billing error occurred and how it is remedied.

Chargebacks or payment disputes initiated with your bank or card issuer without first contacting FirstSales may result in immediate Account suspension and may be contested. You agree to contact FirstSales at support@firstsales.io before initiating any chargeback.

You agree to use the Service only for lawful B2B commercial outreach purposes and in full compliance with all applicable laws and regulations. The following conduct is strictly prohibited:

• Sending any unsolicited commercial email or other communication that violates CAN-SPAM, GDPR, CASL, or any other applicable anti-spam, data protection, or electronic communication law.
• Uploading, importing, or using prospect lists that were obtained through means that violate applicable law, the terms of the source platform, or the privacy rights of the individuals listed.
• Sending email to known spam traps, honeypot addresses, or addresses obtained through scraping or harvesting without appropriate consent.
• Transmitting malware, viruses, phishing content, deceptive offers, or any content designed to deceive or harm recipients.
• Impersonating another person, business, or brand, or using forged or falsified email headers.
• Reselling, sublicensing, white-labeling, or otherwise making the Service available to third parties without prior written consent from FirstSales.
• Reverse engineering, decompiling, disassembling, or otherwise attempting to derive source code, algorithms, or trade secrets from the Service.
• Using automated scripts, bots, or other tools to artificially stress, overload, or interfere with the Service's infrastructure or the infrastructure of third-party mailbox providers.
• Attempting to gain unauthorized access to any part of the Service, other users' Accounts, or FirstSales's systems.
• Using the Service in connection with any illegal, fraudulent, defamatory, obscene, or otherwise objectionable activity.
• Circumventing or disabling any rate limits, sending caps, or security controls built into the Service.

FirstSales reserves the right to monitor sending activity for compliance with these Terms and applicable law. Violations may result in immediate Account suspension, termination, and/or referral to law enforcement authorities.

FirstSales provides tooling designed to assist with cold email best practices, including deliverability optimization, mailbox warmup, unsubscribe management, and suppression list maintenance. However, the provision of these tools does not constitute legal advice, and the availability of such tools does not transfer compliance responsibility from you to FirstSales.

Your compliance obligations include, but are not limited to:

• Ensuring you have a lawful basis for contacting each prospect under applicable law (e.g., legitimate interest, consent, or an applicable B2B exemption).
• Including a clear, conspicuous, and functional unsubscribe or opt-out mechanism in every commercial email you send via the Service.
• Honoring all unsubscribe and opt-out requests promptly (within 10 business days under CAN-SPAM; without undue delay under GDPR).
• Maintaining accurate and up-to-date suppression lists and uploading them to the Service before sending.
• Including accurate 'From', 'Reply-To', and subject line headers that are not deceptive or misleading.
• Including your valid physical postal address or a legally compliant equivalent in each commercial email where required by law.
• Identifying any promotional or commercial email as an advertisement where required by applicable law.
• Ensuring that any personal data you process via the Service is handled in accordance with GDPR (including completing a Data Processing Agreement with FirstSales if you process personal data of EU/EEA residents), CASL, or other applicable data protection law.
• Obtaining any required consents before sending to contacts in jurisdictions that require prior opt-in (e.g., CASL for Canadian recipients in certain contexts).

You agree to indemnify and hold harmless FirstSales against any claims, fines, penalties, or damages arising from your failure to comply with applicable email marketing or data protection laws. See Section 14 for full indemnification terms.

The Service enables you to connect one or more third-party email mailboxes (such as Google Workspace or Microsoft 365) via OAuth or IMAP/SMTP credentials. By connecting a mailbox you grant FirstSales a limited, non-exclusive authorization to access that mailbox solely to perform the outreach, warmup, and analytics functions you configure.

• You represent and warrant that you have the legal right and authority to connect and authorize sending from each mailbox you add to the Service.
• You are responsible for ensuring your use of each Connected Mailbox complies with the terms of service of the relevant mailbox provider (Google, Microsoft, or other).
• Rate limits, sending caps, throttling, temporary blocks, or account suspensions imposed by third-party mailbox or email service providers are outside FirstSales's control and do not entitle you to a refund or service credit.
• FirstSales does not guarantee that Connected Mailboxes will remain accessible; changes to provider OAuth scopes, security policies, or API availability may affect functionality.
• You are responsible for revoking FirstSales's access to any Connected Mailbox at the provider level if you disconnect it from the Service.
• FirstSales may access metadata and content within Connected Mailboxes strictly as necessary to provide the Service and in accordance with our Privacy Policy. We do not sell or share mailbox content with third parties.

The Service may also integrate with third-party tools such as CRMs, prospecting databases, or analytics platforms. Use of such integrations is subject to the respective third-party provider's terms and privacy policies. FirstSales is not responsible for the actions, availability, or data practices of third-party services.

You retain all ownership rights in and to your Content and Prospect Data. FirstSales does not claim any ownership interest in the email copy, templates, prospect lists, or other materials you create or upload.

By using the Service, you grant FirstSales a limited, worldwide, non-exclusive, royalty-free license to access, process, store, copy, and display your Content and Prospect Data solely to the extent necessary to provide, operate, maintain, and improve the Service for you. This license terminates when you delete the relevant Content or close your Account, subject to any retention obligations under applicable law.

• You are solely responsible for the accuracy, legality, and appropriateness of all Content and Prospect Data you upload or process through the Service.
• You represent and warrant that you have all rights, permissions, and consents necessary to provide your Content and Prospect Data to FirstSales and to use it as contemplated by these Terms.
• FirstSales may use aggregated, anonymized, de-identified data derived from your use of the Service to improve its products and services, provided such data cannot reasonably be used to identify you or your contacts.
• Upon termination or cancellation, you may export your data during a grace period as described in Section 12. After the grace period, FirstSales may delete your data in accordance with its data retention policy.

The Service, including all software, algorithms, AI models, interfaces, designs, documentation, branding, trademarks, service marks, logos, and trade secrets embodied therein, is the exclusive intellectual property of FirstSales and its licensors. All rights not expressly granted to you in these Terms are reserved.

• You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Service solely for your own lawful B2B outreach purposes during your Subscription term.
• You may not copy, modify, distribute, sell, or create derivative works based on the Service or any part thereof.
• You may not remove, alter, or obscure any proprietary notices, labels, or branding within the Service.
• Feedback, suggestions, or ideas you provide about the Service may be used by FirstSales without restriction and without any obligation to compensate you.
• The FirstSales name, logo, and related marks are trademarks of FirstSales. You may not use them without prior written permission.

Any unauthorized use of FirstSales intellectual property may constitute an infringement of copyright, trademark, or other applicable law and may result in civil or criminal liability.

FirstSales provides the Service on an 'as available' basis. We strive to maintain high availability and reliability but do not guarantee uninterrupted or error-free access. Scheduled maintenance, emergency maintenance, upstream infrastructure outages, and events outside our reasonable control may result in temporary unavailability.

• No uptime service level agreement (SLA) is provided unless separately agreed in a written Enterprise agreement signed by an authorized representative of FirstSales.
• FirstSales reserves the right to modify, update, enhance, or discontinue any feature or component of the Service at any time with or without notice, provided that material reductions in core functionality will be communicated via email or in-app notification where reasonably practicable.
• We may release new versions, update pricing tiers, add or remove integrations, and adjust sending limits as the product evolves.
• Planned maintenance windows will be communicated in advance where possible via the firstsales.io status page or email.
• FirstSales is not liable for any loss or damage caused by unavailability of the Service, including lost revenue, missed campaign windows, or reputational harm.

FirstSales may, at its sole discretion and without prior notice, suspend or permanently terminate your Account and access to the Service if it determines that you have violated these Terms, engaged in unlawful conduct, abused the Service's infrastructure, posed a risk to other users or third parties, or failed to pay amounts owed.

• Grounds for suspension or termination include, but are not limited to: breach of any provision of these Terms; sending spam or violating applicable anti-spam law; non-payment of subscription fees; chargebacks or payment disputes filed without prior contact with FirstSales; uploading malware or engaging in phishing; and Account inactivity exceeding 12 months.
• FirstSales will make reasonable efforts to notify you of a suspension by email before taking action, except where immediate suspension is necessary to prevent ongoing harm.
• You may cancel your Subscription and close your Account at any time through your Account settings or by contacting support@firstsales.io.
• Upon termination for any reason: your access to the Service ceases immediately; your license to use the Service is revoked; outstanding fees remain due and payable; no refund is issued for the remaining portion of any prepaid Subscription period.
• Following Account closure, you will have a 30-day window to export your data. After this period, FirstSales may permanently delete your Account data, Content, and Prospect Data, subject to legal retention obligations.
• Sections of these Terms that by their nature should survive termination (including Sections 5, 9, 10, 13, 14, and 15) will continue in full force after termination.

FirstSales expressly disclaims all warranties, whether statutory, express, or implied, including but not limited to: implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

• FirstSales does not warrant that the Service will be uninterrupted, error-free, or free of viruses or other harmful components.
• FirstSales makes no guarantee regarding email deliverability rates, inbox placement, open rates, reply rates, or any other campaign performance metric. Deliverability is influenced by a wide range of factors outside FirstSales's control, including recipient mail server policies, sender reputation, content quality, and list hygiene.
• FirstSales makes no representations or warranties that use of the Service will result in any particular business outcome, lead generation result, revenue, or return on investment.
• FirstSales does not warrant the accuracy, completeness, or suitability of any information, content, or tooling provided within the Service.
• You assume all risk associated with your use of the Service and with the content and results of your outreach campaigns.

To the fullest extent permitted by applicable law, FirstSales and its officers, directors, employees, agents, and licensors shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to loss of profits, loss of revenue, loss of data, loss of goodwill, business interruption, or cost of substitute services, arising out of or in connection with your use of or inability to use the Service, even if FirstSales has been advised of the possibility of such damages.

In no event shall FirstSales's total cumulative liability to you for all claims arising out of or related to these Terms or the Service exceed the greater of: (a) the total fees paid by you to FirstSales in the 3 calendar months immediately preceding the event giving rise to the claim; or (b) one hundred US dollars ($100.00). This limitation applies regardless of the theory of liability (contract, tort, warranty, or otherwise) and regardless of whether such damages were foreseeable.

Some jurisdictions do not allow the exclusion or limitation of certain types of liability. In such jurisdictions, FirstSales's liability shall be limited to the maximum extent permitted by law.

Indemnification: You agree to defend, indemnify, and hold harmless FirstSales and its officers, directors, employees, contractors, agents, licensors, and successors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to:

• Your use of the Service, including all email campaigns sent through your Account.
• Your Content or Prospect Data, including any claim that such materials infringe the rights of a third party or violate any law.
• Your violation of these Terms or any applicable law, regulation, or third-party right.
• Your violation of any cold email, anti-spam, or data protection law, including any regulatory fines or penalties assessed against FirstSales as a result of your sending activity.
• Any unauthorized access to or use of your Account, whether or not with your knowledge.

Governing Law: These Terms and any dispute arising out of or related to your use of the Service shall be governed by and construed in accordance with applicable law. You agree to submit to the exclusive jurisdiction of the courts competent to hear such disputes. Any cause of action or claim arising out of or related to these Terms must be commenced within one year after the cause of action accrues; otherwise such cause of action or claim is permanently barred.

Dispute Resolution: Before initiating formal legal proceedings, you agree to contact FirstSales at support@firstsales.io and attempt to resolve the dispute informally for at least 30 days. This informal negotiation requirement does not apply to claims for injunctive or other equitable relief, or to IP infringement claims.

Changes to Terms: FirstSales reserves the right to modify these Terms at any time. When we make material changes we will update the 'Last Updated' date at the top of this page and notify you by email or prominent in-app notice at least 14 days before the revised Terms take effect. If you do not agree to the revised Terms you must cancel your Subscription and stop using the Service before the effective date of the changes.

• Your continued use of the Service after the effective date of any revision constitutes your binding acceptance of the revised Terms.
• We encourage you to review these Terms periodically. The current Terms are always available at firstsales.io/legal/terms-of-service.
• Archived versions of previous Terms are available on request by contacting support@firstsales.io.
• These Terms, together with the Privacy Policy and any supplemental policies or agreements expressly incorporated herein, constitute the entire agreement between you and FirstSales with respect to the Service and supersede all prior agreements or understandings.
• If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
• FirstSales's failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
• You may not assign or transfer your rights under these Terms without FirstSales's prior written consent. FirstSales may assign these Terms freely.