Terms of Service

These Terms of Service (“Terms”) are a binding agreement between you and Acquirely Enterprises, LLC, a Delaware limited liability company (“Acquirely,” “we,” “us,” or “our”). By creating an account, clicking to accept, completing checkout, signing an order form, or using any of our services, you agree to these Terms, our Privacy Policy, and our Acceptable Use Policy, which forms part of these Terms.

If you use Acquirely for a company, you confirm you can bind that company, and “you” means that company. If you don’t agree, don’t use our services.

• Business use only. Acquirely is for businesses doing business-to-business (B2B) outreach. It is not for personal, family, or household use, or for sending to consumers.
• 18 or older. You must be at least 18 and able to form a binding contract.
• Allowed by law. You may not use Acquirely if you are barred from doing so under U.S. or other applicable law, including sanctions laws.

Give us accurate information when you sign up and keep it current. Keep your login details safe. You are responsible for everything that happens under your account, including what your team members do in your workspace. Tell us right away at zane@acquirely.io if you think your account has been accessed without permission.

The Platform is software for running B2B cold email: connecting sending inboxes, warming them up, uploading and managing leads, writing and sending campaigns, handling replies (including with AI), and booking meetings. We may add, change, or remove features over time. If a change materially reduces a paid feature you are using, we will try to tell you in advance.

We provide tools. We do not promise any particular result, such as deliverability, open rates, replies, meetings, or revenue.

• Paid plans have a monthly base subscription. The price and what it includes are shown on our pricing page and at checkout.
• Payments are processed by Stripe. By subscribing, you authorize us and Stripe to charge your payment method each month.
• Your subscription renews automatically each month until you cancel.
• Prices exclude taxes. You are responsible for any sales, use, VAT, or similar taxes, except taxes on our income.
• If a payment fails, we may retry it and may pause paid features or sending until it is resolved.
• We may change prices for future billing periods. We will give you at least 30 days’ notice, and the new price starts at your next renewal after that notice.

Some actions on the Platform use Acquirely credits (“credits”), for example finding or verifying leads, AI features, or sending above your plan’s included volume. The Platform shows how many credits each action uses before you use it. Credits may come with your plan or be bought separately.

• Plan and top-up credits. Monthly plan credits reset at the start of each billing period and don’t roll over. Top-up credits don’t expire while the account is active (in good standing, with any paid plan current or on the free plan).
• No cash value. Credits are a prepaid right to use the Platform. They are not money, can’t be exchanged for cash, and can’t be transferred or sold to anyone else.
• Non-refundable once used. Credits that have been used are not refundable. Unused bought credits are also non-refundable unless the law requires otherwise or we agree in writing.
• Closing or suspension. Unused credits end when your account is closed, and are forfeited if your account is suspended or terminated for breaking these Terms or the Acceptable Use Policy (see section 9).

We may offer a free plan with limits, such as a cap on connected inboxes, leads, credits, or daily sends. The current limits are shown in the Platform. On the free plan you can set up inboxes, warm-up, leads, and campaigns, but sending to real recipients only turns on after we review your account. We may ask for information about your business and outreach during that review, and we may decline or revoke sending at our discretion. We may change or end the free plan at any time.

• Upgrades take effect right away. We may charge a prorated amount for the rest of the current period.
• Downgrades take effect at the start of your next billing period. If you are over the new plan’s limits, you may need to remove inboxes or pause campaigns.
• Cancellation. You can cancel anytime in your billing settings or by emailing zane@acquirely.io. Your plan stays active until the end of the period you have paid for, then stops renewing. We don’t give refunds or credits for partial months or unused time.

You must follow our Acceptable Use Policy, which covers anti-spam rules, banned content, and complaint and bounce limits. If we reasonably believe you have broken it, or your sending puts our infrastructure, the warm-up network, or other customers at risk, we may pause sending, limit features, or suspend or terminate your account. Where we can, we will tell you first and give you a chance to fix it. We may act without notice when needed to stop harm.

If we suspend or terminate your account for breaking these Terms or the Acceptable Use Policy, unused credits are forfeited and fees already paid are not refunded.

You own your data. That includes the leads and contact lists you upload or build, your campaigns and templates, and the emails and replies in your connected inboxes (“Customer Data”). You give us permission to host, process, and send Customer Data only as needed to run the Platform for you, keep it secure, and comply with the law. We don’t sell your Customer Data or share your leads with other customers.

You confirm you have the right to use your Customer Data, including a lawful basis to contact the people on your lists. You can export your data from the Platform while your account is active. Our Privacy Policy explains how we handle personal data. If you need a Data Processing Agreement, email zane@acquirely.io.

When you connect an inbox (through Google Workspace, Microsoft, or SMTP/IMAP), you authorize us to send, receive, read, and organize email in that inbox as needed for the features you turn on. You must own or have permission to use every inbox you connect. You can disconnect an inbox anytime.

The Platform includes a shared warm-up network. When warm-up is on, your inboxes send and receive warm-up emails with other inboxes in the network, and our software may open, reply to, mark as important, or move those warm-up emails out of spam. Warm-up emails are filtered so they don’t clutter your inbox. By turning warm-up on, you agree to take part on these terms, and you agree not to use the warm-up network for real campaigns or to interfere with it.

Some features use artificial intelligence, for example to write email copy, personalize lines, classify replies, or draft and send replies. AI output can be wrong, incomplete, or inappropriate for a recipient. You are responsible for reviewing AI output and for every email sent from your account, including emails sent automatically under settings you chose. We use third-party AI providers to run these features, as listed in our Privacy Policy. We don’t use your Customer Data to train general-purpose AI models.

We work to keep the Platform running and secure, but it is provided “as is” and “as available.” We don’t offer a service level agreement (SLA) or uptime guarantee unless we sign one with you separately. The Platform may be unavailable for maintenance, updates, or reasons outside our control, including outages at email providers. Support is by email at zane@acquirely.io.

The Platform connects to services we don’t control, such as Google, Microsoft, email and calendar providers, Stripe, and AI providers. Your use of those services is governed by their own terms. We are not responsible for them, including if they suspend your inbox or account or change how they work.

When you buy an agency package, the order form, proposal, or checkout page you accept (the “Order”) sets out the scope, price, timeline, and any guarantee. If the Order conflicts with these Terms, the Order wins for that engagement. You agree to give us what we reasonably need to deliver, such as information about your offer, ideal customer, calendar access, and timely approval of copy and lists.

You are responsible for showing up to and running the calls we book, for your offer and how you sell it, and for any claims you ask us to make. Inboxes, domains, and tools we set up may be owned by you or by us, as stated in the Order.

• On pay-per-call packages, you pay any monthly fee in the Order plus a fee for each booked call that meets the definition of a qualified booked call in the Order. Booked-call fees are billed as stated in the Order and are owed whether or not the prospect buys.
• Where an Order includes a booked-call guarantee, our only obligation if we fall short is the remedy stated in the Order (for example, continuing work at no extra charge until the number is reached, or a refund of the stated amount). The guarantee does not apply where the shortfall is caused by you, for example missed calls, delayed approvals, changes to your offer or targeting, or ending the engagement early.
• Unless the Order says otherwise, upfront and guaranteed packages are non-refundable once work has started, except as the guarantee provides.

When you give us your mobile number and agree to receive texts (for example, when you book a call on our website), Acquirely Enterprises, LLC may call and text you about your call and our services, including booking confirmations, reminders, and follow-ups, including by automated means.

Message frequency varies. Msg & data rates may apply. Consent is not a condition of purchase. Reply STOP to opt out at any time; you will get one confirmation text and no more after that. Reply HELP for help, or contact us at zane@acquirely.io or +1 (440) 968-5658. Carriers are not liable for delayed or undelivered messages.

We handle your mobile number as described in our Privacy Policy. We do not share mobile numbers or SMS opt-in consent with third parties for their marketing.

Each of us may share non-public information with the other that is marked confidential or that a reasonable person would treat as confidential. Each of us will use the other’s confidential information only to perform under these Terms and protect it with at least reasonable care. This doesn’t cover information that is public, already known, independently developed, or required to be disclosed by law.

EXCEPT AS EXPRESSLY STATED IN THESE TERMS OR AN ORDER, OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT THE LAW ALLOWS, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DON’T WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT EMAILS WILL REACH THE INBOX, OR THAT AI OUTPUT WILL BE ACCURATE.

TO THE FULLEST EXTENT THE LAW ALLOWS, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES, EVEN IF TOLD THEY WERE POSSIBLE.

TO THE FULLEST EXTENT THE LAW ALLOWS, OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR OUR SERVICES IS LIMITED TO THE FEES YOU PAID US IN THE THREE (3) MONTHS BEFORE THE EVENT THAT GAVE RISE TO THE CLAIM.

These limits don’t apply to your payment obligations, your indemnity obligations, or your breach of the Acceptable Use Policy. Some places don’t allow certain limits, so some of them may not apply to you.

You will defend, indemnify, and hold harmless Acquirely and its members, officers, employees, and contractors from any claims, fines, losses, and costs (including reasonable legal fees) arising from: (a) emails, texts, or other messages sent from your account or on your behalf, including claims under CAN-SPAM, GDPR, CASL, PECR, the TCPA, or other anti-spam or privacy laws; (b) your Customer Data and lists, including your right to use them; (c) your offer, products, and the claims you make; and (d) your breach of these Terms or the Acceptable Use Policy.

These Terms apply for as long as you use our services. You can stop anytime by canceling as described in section 8, or as set out in your Order for agency services. We may end or suspend your access if you materially breach these Terms, don’t pay, or if the law requires it. After your account closes, we delete Customer Data as described in our Privacy Policy, so export anything you need first.

Sections that by their nature should last after termination will last, including fees owed, credits, confidentiality, disclaimers, limitation of liability, indemnity, and governing law.

These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-law rules. Any dispute will be resolved only in the state or federal courts in New Castle County, Delaware, and both of us agree to those courts’ jurisdiction. Either of us may seek urgent court orders anywhere to protect intellectual property or confidential information.

We may update these Terms. We will post the new version here and change the “Last updated” date. If a change is material, we will also tell account owners by email or in the Platform at least 14 days before it takes effect, unless the change is needed sooner for legal or security reasons. If you keep using our services after the change takes effect, you accept the new Terms. If you don’t agree, cancel before then.

These Terms, any Order, and the policies they link to are the whole agreement between us about our services. You may not transfer these Terms without our written consent; we may transfer them as part of a merger, acquisition, or sale of assets. If any part is found unenforceable, the rest still applies. Not enforcing a term is not a waiver. Neither of us is liable for delays caused by events outside our reasonable control.

Questions about these Terms or legal notices:

Acquirely Enterprises, LLC
407 Lincoln Road, Ste 6H, PMB 150, Miami Beach, FL 33139, United States
Email: zane@acquirely.io
Phone: +1 (440) 968-5658