Terms of Service

1.1 Service description

InboxPilot owns and provides a cloud-based artificial intelligence service offering automated responses for customer support, sales, and user engagement (the "Service"). Anything the Customer configures, customizes, uploads, or utilizes through the Service is considered a "User Submission." The Customer is solely responsible for all User Submissions. Customers will not receive access to the underlying code or software of the Service.

1.2 Customer's subscription

Subject to the terms of this Agreement, the Customer may purchase a subscription to access and use the Service as specified in one or more orders agreed upon through InboxPilot's website or service portal. All subscriptions are for the period described in the applicable order. Use of the Service is permitted only for individuals authorized by the Customer, solely for the Customer's own internal business purposes.

1.3 InboxPilot's ownership

InboxPilot owns the Service, software, content, documentation, and anything else provided by InboxPilot to the Customer. InboxPilot retains all rights, title, and interest (including all intellectual property rights) in and to these materials and any updates, enhancements, modifications, or derivative works thereof. No implied licenses are granted under this Agreement.

1.4 Permissions

The Service includes customizable settings allowing Users to grant permissions to other Users. It is solely the Customer's responsibility to set and manage all permissions. InboxPilot has no responsibility or liability for permissions set by the Customer and its Users. The Customer may provide access to the Service to its Affiliates, and is fully responsible for any breaches of this Agreement by those Affiliates.

2.1 Customer's responsibilities

The Customer is responsible for all activity on its account and those of its Users, except where such activity results from unauthorized access due to vulnerabilities in the Service itself. The Customer will ensure its Users are aware of and comply with the obligations and restrictions in this Agreement.

2.2 Use restrictions

The Customer agrees not to, and not to permit Users or third parties to:

• Modify, translate, copy, or create derivative works based on the Service
• Reverse engineer, decompile, or attempt to discover the source code of the Service
• Sublicense, sell, rent, lease, distribute, or otherwise commercially exploit the Service
• Remove proprietary notices from the Service
• Use the Service in violation of applicable laws or regulations
• Attempt unauthorized access to or disrupt the Service
• Use the Service to support products competitive to InboxPilot
• Test the Service's vulnerability without authorization

2.3 API access restrictions

InboxPilot may provide access to APIs as part of the Service. InboxPilot reserves the right to set and enforce usage limits on the APIs, and the Customer agrees to comply with such limits. InboxPilot may suspend or terminate API access at any time.

The Service may interface with third-party products, services, or applications not owned or controlled by InboxPilot. Customers have the discretion to utilize these third-party services in conjunction with our Service. InboxPilot does not endorse any third-party services and expressly disclaims all representations and warranties concerning them.

Customers acknowledge that this Agreement does not cover the use of third-party services, and they may need to enter into separate agreements with those providers. The use of third-party services is at the Customer's own risk. InboxPilot shall not be liable for any issues arising from the use or inability to use third-party services.

4.1 Fees

Customers are required to pay for access to and use of the Service as detailed in the applicable order. All fees will be charged in U.S. dollars unless otherwise stated. Payment obligations are non-cancellable and, except as explicitly stated in this Agreement, fees are non-refundable. InboxPilot reserves the right to modify its fees at its discretion with appropriate notice.

4.2 Payment

InboxPilot, either directly or through its third-party payment processor, will bill the Customer using the credit card or ACH payment information provided. It is the Customer's responsibility to ensure that InboxPilot has current and accurate payment information. Failure to provide accurate information may lead to suspension of access to the Service.

4.3 Taxes

Fees do not include any taxes, levies, duties, or similar governmental assessments, including value-added, sales, use, or withholding taxes imposed by any jurisdiction. Customers are responsible for paying all taxes associated with their purchases, unless the Customer provides InboxPilot with a valid tax exemption certificate beforehand.

4.4 Failure to pay

If a Customer fails to pay any fees when due, InboxPilot may suspend access to the Service until overdue amounts are paid. If a Customer believes they have been incorrectly billed, they must contact InboxPilot within sixty (60) days from the first billing statement showing the error to request an adjustment or credit.

5.1 Agreement term and renewals

Subscriptions commence on the start date specified in the applicable order and continue for the duration of the subscription period. Customers may opt not to renew by notifying InboxPilot at billing@inboxpilot.co or by modifying their subscription through account settings. If a Customer cancels a paid subscription, their account will be automatically downgraded to a free version with reduced features.

5.2 Termination

Either party may terminate this Agreement with written notice if the other party materially breaches this Agreement and such breach is not cured within thirty (30) days after receipt of notice. InboxPilot may terminate a Customer's access to the free version at any time upon notice.

5.3 Effect of termination

If the Customer terminates due to an uncured breach by InboxPilot, InboxPilot will refund any unused, prepaid fees for the remainder of the then-current subscription period. Upon termination, all rights and licenses granted by InboxPilot will cease immediately. Within thirty (30) days of termination, upon the Customer's request, InboxPilot will delete the Customer's user information, including passwords, files, and submissions.

5.4 Survival

Sections covering InboxPilot's Ownership, Third-Party Services, Financial Terms, Term and Termination, Warranty Disclaimer, Limitation of Liability, Confidentiality, Data, and General Terms will survive any termination or expiration of this Agreement.

6.1 Warranties

Customers represent and warrant that all User Submissions comply with all applicable laws, rules, and regulations.

6.2 Warranty disclaimer

Except as expressly stated herein, the Services and all related components and information are provided on an "as is" and "as available" basis without any warranties of any kind. InboxPilot expressly disclaims any and all warranties, whether express or implied, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. InboxPilot does not warrant that the Services will be uninterrupted, timely, secure, or error-free.

InboxPilot will not be liable for any indirect, special, incidental, or consequential damages, or damages based on use or access, interruption, delay, or inability to use the Service, lost revenues or profits, loss of business or goodwill, data corruption, or system failures, regardless of the legal theory.

InboxPilot's total liability will not exceed the total fees paid or payable by the Customer for the Service during the twelve (12) months prior to the claim. These limitations apply regardless of whether InboxPilot has been advised of the possibility of such damages.

8.1 Definition

Each party may share business, technical, or financial information that is reasonably considered confidential. For InboxPilot, Confidential Information includes non-public details about features, functionality, and performance of the Service. For Customers, Confidential Information comprises User Information and User Submissions. This Agreement and all related orders are considered Confidential Information of both parties.

8.2 Protection and use of confidential information

The Receiving Party must protect the Disclosing Party's Confidential Information with at least the same degree of care it uses for its own similar information, restrict access to authorized personnel only, not disclose Confidential Information to third parties without prior written consent, and use Confidential Information solely to fulfill obligations under this Agreement.

8.3 Compelled disclosure

If required by law, the Receiving Party may disclose the Disclosing Party's Confidential Information, provided that it notifies the Disclosing Party in advance when legally permissible.

8.4 Feedback

Customers may occasionally offer feedback on the Service. InboxPilot may choose to incorporate this feedback into its services, and Customers grant InboxPilot a royalty-free, worldwide, perpetual, irrevocable license to use such feedback without any obligation or restriction, except for not identifying the Customer as the source.

9.1 User information

Customers and their Users must provide information such as names, email addresses, usernames, and IP addresses to access the Service. Customers authorize InboxPilot and its subcontractors to store, process, and retrieve this information as part of the Service. Customers guarantee they have the necessary rights to provide this information to InboxPilot for processing.

9.2 User submissions

Customers grant InboxPilot a non-exclusive, worldwide, royalty-free license to use, process, and display User Submissions solely to provide the Service. Beyond the rights granted here, Customers retain all rights to their User Submissions.

9.3 Service data

InboxPilot collects aggregated and anonymized data on Service performance and operation. Provided Service Data does not disclose any personal information, InboxPilot may use this data freely. InboxPilot owns all rights to Service Data but will not identify Customers or Users as its source.

9.4 Data protection

InboxPilot maintains reasonable security practices to protect Customer Data. Customers are also responsible for securing their own systems and data. InboxPilot processes all Customer Data in accordance with its Data Processing Agreement.

10.1 Publicity

With prior written consent from the Customer, InboxPilot may identify the Customer and use their name, logo, or trademarks on InboxPilot's website and in marketing materials.

10.2 Force majeure

InboxPilot shall not be liable for any failure or delay in performing its obligations caused by events beyond its reasonable control, including failures of third-party hosting providers, strikes, riots, fires, natural disasters, wars, terrorism, or government actions.

10.3 Changes

InboxPilot reserves the right to make modifications to the Service but commits to not materially reducing the core functionality provided to Customers. InboxPilot may modify the terms of this Agreement unilaterally, provided that Customers are notified at least thirty (30) days before such changes take effect.

10.4 Relationship of the parties

This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between InboxPilot and the Customer. Both parties are independent contractors.

10.5 No third-party beneficiaries

This Agreement is strictly between InboxPilot and the Customer. It is not intended to benefit any third party, nor shall any third party have the right to enforce any of its terms.

10.6 Email communications

Notices under this Agreement will be communicated via email or through the Service. Notices to InboxPilot must be directed to a designated InboxPilot email, while notices to Customers will be sent to the email addresses provided through the Service.

10.7 Amendment and waivers

No modifications to this Agreement will be effective unless in writing and acknowledged by authorized representatives of both parties. Waivers must be in writing and signed by the party granting the waiver.

10.8 Severability

Should any provision of this Agreement be found unlawful or unenforceable, it will be modified to the minimum extent necessary to make it lawful or enforceable, while the remaining provisions continue in full effect.

10.9 Assignment

Neither party may assign or delegate their rights or obligations under this Agreement without the other party's prior written consent, except that InboxPilot may do so without consent in cases of mergers, acquisitions, or sales of substantially all assets.

10.10 Governing law and venue

This Agreement will be governed by the laws of the State of Delaware, USA. Disputes arising under this Agreement will be resolved in the state or federal courts in New Castle County, Delaware. There is a waiver of any right to a jury trial for disputes arising under this Agreement.

10.11 Entire agreement

This Agreement, including any referenced documents and orders, constitutes the full agreement between InboxPilot and the Customer, superseding all prior discussions, agreements, and understandings of any nature.

If you have questions, concerns, or complaints regarding Terms of Service or our data practices, please contact us:

Thank you for choosing InboxPilot. We are committed to ensuring your privacy and providing a secure platform.