Terms of Service

These Terms of Service (the 'Terms') are a legally binding agreement between you ('User', 'you' or 'your') and FirstSales ('FirstSales', 'we', 'us' or 'our'). They cover your access to and use of the FirstSales platform, website and all related services (together, the 'Service'). Please read them carefully before you sign up for or use the Service.

You accept these Terms and our Privacy Policy when you click 'I agree', finish signing up, start the $1 trial, subscribe to a paid plan, or access or use any part of the Service in any other way. The Privacy Policy is part of these Terms. By doing any of these things, you confirm that you have read, understood and agree to both.

If you accept these Terms for a company, organization or other legal entity, you confirm that you have the authority to bind that entity to them. In that case, 'you' means both that entity and you personally.

If you do not agree to these Terms, do not sign up for, access or use the Service. If you keep using the Service after we update these Terms, you accept the updated Terms.

These words have the following meanings in these Terms:

• 'Service' means the FirstSales web app, APIs, integrations, automations, analytics dashboards and all related tools available at firstsales.io and any of its subdomains.
• 'User' or 'you' means any person or entity that accesses or uses the Service under a registered Account.
• 'Account' means your unique login details and the data profile created when you sign up with FirstSales.
• 'Subscription' means a recurring paid plan (monthly or annual) that gives you access to certain Service features during the subscription period.
• 'Trial' means the limited $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 in the Service.
• 'Prospect Data' means information about other people's business contacts (names, email addresses, company details and related details) that you import, upload or load into the Service for outreach.
• 'Connected Mailbox' means any email account (Google Workspace, Microsoft 365 or IMAP/SMTP) that you allow FirstSales to access and send from for you.
• 'Suppression List' means the list, kept in the Service, of email addresses that have opted out of or unsubscribed from your outreach.

The Service is for business-to-business (B2B) commercial use only. You must be at least 18 years old and, where it applies, old enough to enter a binding contract where you live. By using the Service, you confirm that you meet these requirements.

When you create your Account, you agree to give accurate, current and complete details, including your name, business email address and billing details. You must keep these details up to date. If you give false or misleading details, we may suspend or close your Account right away.

• You alone must keep your Account login details private, including your password and any API keys or OAuth tokens linked to your Account.
• You are responsible for everything that happens under your Account, whether or not you allowed it.
• If you think someone has accessed or used your Account without permission, tell FirstSales right away at firstsales@support.communicate.so.
• You may not share, sell, transfer or sublicense your Account to anyone else.
• Each Account belongs to one subscribing person or business. Unrelated parties may not share or pool one Account, unless FirstSales has agreed to it in a separate written arrangement.

FirstSales may refuse a sign-up, suspend an Account or end access at its sole discretion. This includes cases where we have reason to believe someone is breaking these Terms.

FirstSales offers several subscription plans with different features and sending limits. Current plans, prices and features are listed on the firstsales.io pricing page. We may change them from time to time, as described in this section.

Trial: FirstSales may offer a limited introductory trial for $1.00 USD (the '$1 Trial'). The $1 Trial gives you access to certain Service features for a set trial period. When the trial period ends, your Account automatically becomes a paid subscription at the plan price at that time, unless you cancel before the trial ends. The $1 Trial charge is a real payment, and the no-refund rules in Section 5 apply to it.

• Every Subscription is billed on a recurring basis (monthly or annually, depending on your plan). It renews automatically at the end of each billing cycle unless you cancel.
• You allow FirstSales and its payment processors to charge your chosen payment method on each renewal date without further notice.
• Prices are in USD unless we say otherwise. You must pay any taxes, duties, levies or surcharges that apply where you are. In some places, FirstSales may have to collect and pay sales tax.
• FirstSales may change subscription prices. We will tell you about a price increase by email or in-app notice at least 14 days before it applies to your next billing cycle. If you keep using the Service after the new price applies, you accept it.
• Payments go through third-party payment processors (such as Stripe). When you give payment details, you agree to that processor's terms of service. FirstSales does not store full card details.
• If a scheduled payment fails, FirstSales may try the charge again, pause your access to the Service until you pay what you owe, or both. If you keep failing to pay, we may close your Account.

You can cancel your Subscription at any time in your Account settings. Cancellation takes effect at the end of the current billing cycle, and you keep access until then. Cancelling does not give you a refund for the unused part of the current billing period.

All payments to FirstSales are final and cannot be refunded. Once you pay, we will not give a refund of any kind. This covers the $1 Trial fee, monthly and annual subscription payments, any charges in the middle of a cycle, and any other fees you pay for the Service.

FirstSales has a strict no-refund policy. We do not give refunds, credits or partial (pro-rated) adjustments in any situation. This includes, for example: cancelling a Subscription early, moving to a cheaper plan, not using the Service, being unhappy with deliverability or campaign results, having your Account suspended or closed for breaking these Terms, or technical problems that were outside FirstSales's reasonable control.

This policy applies whatever the reason for the refund request, however much you paid, and however long ago you paid. When you make a purchase or start a Trial, you clearly accept that you are not entitled to a refund in any situation.

If you think we charged you by mistake (for example, a duplicate charge caused by a billing system fault), contact firstsales@support.communicate.so within 7 days of the charge. FirstSales will look into it, but FirstSales alone decides whether a billing error happened and how to fix it.

If you start a chargeback or payment dispute with your bank or card issuer without contacting FirstSales first, we may suspend your Account right away and may challenge the dispute. You agree to contact FirstSales at firstsales@support.communicate.so before you start any chargeback.

You agree to use the Service only for lawful B2B commercial outreach, and to follow all laws and regulations that apply. You must not do any of the following:

• Send unsolicited commercial email or other messages that break CAN-SPAM, GDPR, CASL or any other anti-spam, data protection or electronic communication law that applies.
• Upload, import or use prospect lists gathered in ways that break the law, the source platform's terms, or the privacy rights of the people on them.
• Send email to known spam traps, honeypot addresses, or addresses gathered by scraping or harvesting without proper consent.
• Send malware, viruses, phishing content, deceptive offers, or any content meant to trick or harm recipients.
• Pretend to be another person, business or brand, or use forged or falsified email headers.
• Resell, sublicense or white-label the Service, or make it available to anyone else, without written permission from FirstSales first.
• Reverse engineer, decompile or disassemble the Service, or try in any other way to get its source code, algorithms or trade secrets.
• Use automated scripts, bots or other tools to put artificial load on, overload or interfere with the Service's systems or the systems of mailbox providers.
• Try to get unauthorized access to any part of the Service, other users' Accounts or FirstSales's systems.
• Use the Service for any illegal, fraudulent, defamatory, obscene or otherwise objectionable activity.
• Get around or turn off any rate limits, sending caps or security controls built into the Service.

FirstSales may monitor sending activity to check that it follows these Terms and the law. If you break these rules, we may suspend or close your Account right away, report you to law enforcement, or both.

You, not FirstSales, are solely responsible for making sure your outreach campaigns follow every law and regulation that applies. This includes CAN-SPAM (US), GDPR (EU/EEA), CASL (Canada) and any other electronic communication or data protection law that applies to your sending.

FirstSales provides tools that help with good cold email practice, such as deliverability tools, mailbox warmup, unsubscribe handling and suppression lists. These tools are not legal advice. Having them does not move any compliance responsibility from you to FirstSales.

Your compliance duties include, among others:

• Making sure you have a lawful basis to contact each prospect under the law that applies (for example legitimate interest, consent, or a B2B exemption that applies).
• Putting a clear, easy-to-see, working unsubscribe or opt-out option in every commercial email you send through the Service.
• Acting on every unsubscribe and opt-out request promptly (within 10 business days under CAN-SPAM, and without undue delay under GDPR).
• Keeping your suppression lists accurate and up to date, and uploading them to the Service before you send.
• Using accurate 'From', 'Reply-To' and subject lines that are not deceptive or misleading.
• Including your valid physical postal address, or a legally accepted alternative, in each commercial email where the law requires it.
• Marking any promotional or commercial email as an advertisement where the law requires it.
• Making sure any personal data you process through the Service is handled under GDPR (including signing a Data Processing Agreement with FirstSales if you process personal data of people in the EU/EEA), CASL or any other data protection law that applies.
• Getting any required consent before you email contacts in places that require prior opt-in (for example, CASL for Canadian recipients in some situations).

You agree to indemnify FirstSales and hold it harmless against any claims, fines, penalties or damages that come from your failure to follow email marketing or data protection laws. Section 14 sets out the full indemnity terms.

The Service lets you connect one or more third-party mailboxes (such as Google Workspace or Microsoft 365) through OAuth or IMAP/SMTP login details. When you connect a mailbox, you give FirstSales a limited, non-exclusive permission to access it only to carry out the outreach, warmup and analytics features you set up.

• You confirm that you have the legal right and authority to connect, and allow sending from, each mailbox you add to the Service.
• You must make sure your use of each Connected Mailbox follows the terms of service of its mailbox provider (Google, Microsoft or another).
• Rate limits, sending caps, throttling, temporary blocks or account suspensions set by mailbox or email providers are outside FirstSales's control. They do not entitle you to a refund or service credit.
• FirstSales cannot promise that Connected Mailboxes will stay accessible. Changes to a provider's OAuth scopes, security policies or API availability may affect how the Service works.
• If you disconnect a mailbox from the Service, you are responsible for also removing FirstSales's access in that provider's own settings.
• FirstSales may access metadata and content in Connected Mailboxes only as needed to provide the Service, and in line with our Privacy Policy. We do not sell or share mailbox content with third parties.

The Service may also connect to third-party tools such as CRMs, prospecting databases or analytics platforms. Your use of those integrations is covered by each provider's own terms and privacy policies. FirstSales is not responsible for what third-party services do, whether they are available, or how they handle data.

You keep full ownership of your Content and Prospect Data. FirstSales does not claim ownership of the email copy, templates, prospect lists or other material you create or upload.

By using the Service, you give FirstSales a limited, worldwide, non-exclusive, royalty-free license to access, process, store, copy and display your Content and Prospect Data, only as far as needed to provide, run, maintain and improve the Service for you. This license ends when you delete the Content or close your Account, subject to any legal duty to keep records.

• You alone are responsible for the accuracy, legality and suitability of all Content and Prospect Data you upload or process through the Service.
• You confirm that you have every right, permission and consent needed to give your Content and Prospect Data to FirstSales and to use it as these Terms describe.
• FirstSales may use combined, anonymized data that no longer identifies anyone, taken from your use of the Service, to improve its products and services. This is allowed only if that data cannot reasonably be used to identify you or your contacts.
• When your Account ends or you cancel, you may export your data during the grace period described in Section 12. After that, FirstSales may delete your data under its data retention policy.

The Service, including all its software, algorithms, AI models, interfaces, designs, documentation, branding, trademarks, service marks, logos and trade secrets, is the exclusive intellectual property of FirstSales and its licensors. Any rights these Terms do not clearly give you are kept by us.

• You get a limited, non-exclusive, non-transferable license, which we can revoke, to access and use the Service only for your own lawful B2B outreach during your Subscription.
• You may not copy, change, distribute or sell the Service or any part of it, or create works based on it.
• You may not remove, change or hide any ownership notices, labels or branding in the Service.
• FirstSales may use any feedback, suggestions or ideas you give about the Service freely, without paying you.
• The FirstSales name, logo and related marks are trademarks of FirstSales. You may not use them without written permission first.

Any unauthorized use of FirstSales intellectual property may break copyright, trademark or other laws, and may lead to civil or criminal liability.

FirstSales provides the Service 'as available'. We work to keep it available and reliable, but we cannot promise access without interruption or errors. Planned maintenance, emergency maintenance, outages at our infrastructure providers, and events outside our reasonable control may make it unavailable for a time.

• We do not offer an uptime service level agreement (SLA) unless one is agreed separately in a written Enterprise agreement signed by an authorized representative of FirstSales.
• FirstSales may change, update, improve or remove any feature or part of the Service at any time, with or without notice. When we make a major cut to core features, we will tell you by email or in-app notice where we reasonably can.
• As the product grows, we may release new versions, update pricing tiers, add or remove integrations and change sending limits.
• Where possible, we will announce planned maintenance windows in advance on the firstsales.io status page or by email.
• FirstSales is not liable for any loss or damage caused when the Service is unavailable, including lost revenue, missed campaign windows or harm to your reputation.

FirstSales may, at its sole discretion and without notice first, suspend or permanently close your Account and access to the Service if it decides that you have broken these Terms, acted unlawfully, misused the Service's systems, put other users or third parties at risk, or not paid what you owe.

• Reasons for suspension or termination include, among others: breaking any part of these Terms; sending spam or breaking anti-spam law; not paying subscription fees; filing chargebacks or payment disputes without contacting FirstSales first; uploading malware or phishing; and not using your Account for more than 12 months.
• FirstSales will make reasonable efforts to tell you by email before suspending your Account, unless we need to suspend it right away to stop ongoing harm.
• You can cancel your Subscription and close your Account at any time in your Account settings or by contacting firstsales@support.communicate.so.
• When your Account ends for any reason: your access to the Service stops right away; your license to use the Service ends; any fees you owe are still due; and you get no refund for any prepaid Subscription time left.
• After your Account closes, you have 30 days to export your data. After that, FirstSales may permanently delete your Account data, Content and Prospect Data, subject to legal duties to keep records.
• Parts of these Terms that by their nature should continue after termination (including Sections 5, 9, 10, 13, 14 and 15) stay fully in force after termination.

If your Account ends for any reason, including breaking these Terms, you do not get a refund of any fees you paid. All payments to FirstSales are final and cannot be refunded.

THE SERVICE IS PROVIDED 'AS IS' AND 'AS AVAILABLE', WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, TO THE FULLEST EXTENT THE LAW ALLOWS.

FirstSales clearly disclaims all warranties, whether set by law, express or implied. This includes, among others, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.

• FirstSales does not warrant that the Service will run without interruption or errors, or be free of viruses or other harmful parts.
• FirstSales makes no promise about email deliverability rates, inbox placement, open rates, reply rates or any other campaign result. Many factors outside FirstSales's control affect deliverability, including recipient mail server policies, sender reputation, content quality and list hygiene.
• FirstSales does not promise or warrant that using the Service will lead to any particular business outcome, number of leads, revenue or return on investment.
• FirstSales does not warrant that any information, content or tool in the Service is accurate, complete or suitable.
• You take on all risk of using the Service, and of the content and results of your outreach campaigns.

To the fullest extent the law allows, FirstSales and its officers, directors, employees, agents and licensors are not liable for any indirect, incidental, special, consequential, punitive or exemplary damages. This includes, among others, lost profits, lost revenue, lost data, lost goodwill, business interruption or the cost of replacement services, arising from your use of the Service or your inability to use it, even if FirstSales was told such damages were possible.

FirstSales's total liability to you for all claims arising from or related to these Terms or the Service will never be more than the greater of: (a) the total fees you paid FirstSales in the 3 calendar months right before the event that led to the claim; or (b) one hundred US dollars ($100.00). This limit applies whatever the legal theory (contract, tort, warranty or anything else) and whether or not the damages could have been foreseen.

Some places do not allow certain kinds of liability to be excluded or limited. In those places, FirstSales's liability is limited as far as the law allows.

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

• Your use of the Service, including every email campaign sent from your Account.
• Your Content or Prospect Data, including any claim that it infringes someone else's rights or breaks any law.
• Your breach of these Terms or of any law, regulation or third-party right.
• Your breach of any cold email, anti-spam or data protection law, including any fines or penalties a regulator imposes on FirstSales because of your sending.
• Any unauthorized access to or use of your Account, whether you knew about it or not.

Governing law: These Terms, and any dispute arising from or related to your use of the Service, are governed by and read under the law that applies. You agree to the exclusive jurisdiction of the courts competent to hear those disputes. You must start any legal claim arising from or related to these Terms within one year after the cause of the claim arises. If you do not, the claim is permanently barred.

Resolving disputes: Before you start formal legal action, you agree to contact FirstSales at firstsales@support.communicate.so and try to settle the dispute informally for at least 30 days. This step does not apply to claims for an injunction or other equitable relief, or to intellectual property infringement claims.

Changes to these Terms: FirstSales may change these Terms at any time. When we make major changes, we will update the 'Last Updated' date at the top of this page and tell you by email or a clear in-app notice at least 14 days before the new Terms take effect. If you do not agree to the new Terms, you must cancel your Subscription and stop using the Service before they take effect.

• If you keep using the Service after a change takes effect, you are bound by the changed Terms.
• Please check these Terms from time to time. The current Terms are always available at firstsales.io/legal/terms-of-service.
• You can ask for earlier versions of these Terms by contacting firstsales@support.communicate.so.
• These Terms, together with the Privacy Policy and any extra policies or agreements they clearly include, are the entire agreement between you and FirstSales about the Service. They replace all earlier agreements or understandings.
• If any part of these Terms is found invalid or unenforceable, the rest stays fully in force.
• If FirstSales does not enforce a right or part of these Terms, that does not mean it gives up that right or part.
• You may not assign or transfer your rights under these Terms without written consent from FirstSales first. FirstSales may assign these Terms freely.

Contact: For questions about these Terms, billing, compliance or anything else about the Service, contact FirstSales at firstsales@support.communicate.so. We aim to answer every message within 2 business days.