Terms of Service

1. Acceptance of Terms

By accessing or using Sellaray ("the Service"), operated at sellaray.com, you agree to be bound by these Terms of Service. If you do not agree to these terms, do not use the Service. These terms apply to all users, including clients, visitors, and anyone who accesses the platform.

2. Description of Service

Sellaray is an AI-powered sales development platform that researches prospects, writes personalized cold emails, and sends them on behalf of our clients. The Service includes prospect sourcing, email generation, automated follow-up sequences, reply classification, and performance analytics.

3. Account Registration

To use the Service, you must create an account and provide accurate, complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account.

4. Subscription and Payment

The Service is offered on a subscription basis. Payments are processed through Stripe. By subscribing, you authorize us to charge your payment method on a recurring basis according to your selected plan. All fees are non-refundable except as expressly stated in these terms or required by law.

• Subscriptions renew automatically unless cancelled before the next billing cycle.
• You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing period.
• We reserve the right to change pricing with 30 days notice to existing subscribers.

5. Acceptable Use

You agree to use the Service only for lawful purposes. You must not:

• Use the Service to send spam, deceptive, or fraudulent emails.
• Violate any applicable laws, including CAN-SPAM, GDPR, CCPA, or other anti-spam and data protection regulations.
• Send emails to purchased lists that have not been properly sourced or verified.
• Misrepresent your identity or the nature of your business in outbound emails.
• Use the Service to harass, threaten, or harm any individual or organization.
• Attempt to reverse-engineer, decompile, or otherwise extract the source code of the Service.
• Interfere with or disrupt the integrity or performance of the Service.

6. Email Sending and Compliance

Sellaray sends emails on your behalf using your domain and sending infrastructure. You are ultimately responsible for ensuring that your use of the Service complies with all applicable email marketing and anti-spam laws.

• All emails sent through the Service will include an unsubscribe mechanism as required by CAN-SPAM.
• We will honor unsubscribe requests promptly and maintain suppression lists.
• You represent that you have the legal right to send emails from your domain.
• We reserve the right to suspend or terminate your account if we determine that your use of the Service violates applicable laws or our policies.

7. Intellectual Property

The Service, including its design, code, algorithms, and branding, is owned by Sellaray and protected by intellectual property laws. You retain ownership of the content you provide (such as your company information and campaign data). By using the Service, you grant us a limited license to use your content solely for the purpose of providing the Service to you.

8. Third-Party Services

The Service integrates with third-party providers including Supabase (infrastructure), Stripe (payments), and Resend (email delivery). Your use of these services is subject to their respective terms and policies. We are not responsible for the actions, availability, or policies of third-party providers.

9. Data and Privacy

Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, and protect your data. By using the Service, you consent to the data practices described in our Privacy Policy.

10. Disclaimer of Warranties

The Service is provided "as is" and "as available" without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or secure. We do not guarantee any specific results, including email deliverability rates, reply rates, or meetings booked.

11. Limitation of Liability

To the maximum extent permitted by law, Sellaray and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, business opportunities, or goodwill, arising out of or in connection with your use of the Service. Our total liability for any claim arising from the Service shall not exceed the amount you paid to us in the twelve (12) months preceding the claim.

12. Indemnification

You agree to indemnify, defend, and hold harmless Sellaray and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising out of or related to your use of the Service, your violation of these terms, or your violation of any applicable law.

13. Termination

We may suspend or terminate your access to the Service at any time, with or without cause, and with or without notice. You may terminate your account at any time by cancelling your subscription and contacting us. Upon termination, your right to use the Service ceases immediately. Provisions that by their nature should survive termination (including limitation of liability, indemnification, and intellectual property) will remain in effect.

14. Modifications to Terms

We reserve the right to modify these Terms of Service at any time. We will notify you of material changes by posting the updated terms on this page and updating the "Last updated" date. Your continued use of the Service after changes are posted constitutes acceptance of the revised terms.

15. Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of the United States. Any disputes arising from these terms or your use of the Service shall be resolved through binding arbitration or in the courts of competent jurisdiction.

16. Contact Us

If you have any questions about these Terms of Service, please contact us at: chasec.hofstetter@gmail.com