Terms of service

1. The agreement

These terms are an agreement between you and Action Layer AI Inc., a Delaware corporation (“Action Layer”, “we”, “us”). They cover the Action Layer platform, this website and any related services (together, the “Service”).

If you accept these terms for a company, you confirm that you are allowed to bind it, and “you” means that company. If you have signed an order form or separate agreement with us, it takes priority where it differs from these terms.

2. Who can use the Service

The Service is for businesses only, not for consumers. You must be at least 18 and use it for your work. We may decline to open an account.

3. Accounts and access

• Give accurate details when you sign up, and keep them up to date.
• Every user needs their own login. Your admin decides who gets access.
• Keep passwords and login details secret, and tell us straight away if you think someone has used them without permission.
• You are responsible for everything done through your account and your users.

4. Trials, plans and limits

We may offer a free trial or preview. When a trial ends, access stops unless you choose a paid plan.

Each plan includes the features and usage limits shown on our pricing or in your order, such as accounts watched, contacts monitored, sequences a month and contacts enriched. Usage above a limit is handled as described there.

5. Fees and payment

• Prices are in euros and exclude VAT and other taxes, which we add where they apply.
• Fees are billed in advance through Stripe. Subscriptions renew automatically for the same period unless you cancel before the renewal date.
• Fees already paid are not refunded, except where the law requires it or we agree otherwise in writing.
• If a payment is late, we may suspend the Service after giving you notice.
• We may change prices with at least 30 days’ notice. New prices apply from your next renewal.

6. What is not allowed

You must not do any of the following, or help or allow anyone else to do it:

1. Automated access and scraping. Use bots, scrapers, crawlers, scripts, browser automation or any other automated means to access the Service, or to copy or extract data from it, except through features or APIs we provide for that purpose.
2. Cookies, tokens and login details. Copy, export, share or reuse session cookies, login tokens, API keys or other credentials to reach the Service outside its normal interface, to share an account, or to let in anyone who is not an authorised user.
3. Manipulating the platform. Get around or tamper with usage limits, credits, plan restrictions, trials or billing. This includes opening extra accounts or workspaces to avoid fees, altering requests, and exploiting bugs. If you find a bug or security flaw, report it to us and do not use it.
4. Taking data to sell. Extract, collect or export data from the Service, including contacts, company records, signals, research and drafts, to sell, license, rent or give to anyone else, or to build or add to a database, list or data product.
5. Reselling the Service. Resell, sublicense or rent the Service, or use it to provide services to others, unless we have agreed to this in writing.
6. Copying or competing. Copy, reverse engineer, decompile or take apart the Service; try to obtain its source code, models, prompts or underlying logic; or use the Service or its output to build a competing product.
7. Security testing and disruption. Probe, scan or test the security of the Service without our written permission; overload or disrupt it; or upload viruses or other harmful code.
8. Other customers’ data. Try to access accounts, workspaces or data that are not yours, including through instructions aimed at the AI features.
9. Unlawful outreach. Send spam, or messages that break privacy, marketing or anti-spam laws such as the GDPR, the ePrivacy rules and CAN-SPAM. Do not ignore opt-outs, pretend to be someone else, or send messages that are misleading, harassing, discriminatory or otherwise unlawful.
10. Sensitive data. Upload special categories of personal data, such as health, religion or political views, or data about children, unless we have agreed to this in writing.
11. Other people’s rights. Upload or use content you do not have the right to use.

We may investigate a suspected breach of this section. If you breach it, we may suspend or close your access immediately and without a refund, and claim the losses it causes us. Where the law requires it, we may report illegal activity to the authorities.

7. Your data and your outreach

• You own your data. You let us host, copy, process and send the data you bring into the Service (“Customer Data”) only to provide, secure and support the Service.
• You are responsible for it. You need a legal basis to process Customer Data, you must give people any notices the law requires, and you must have the right to connect the tools you link to the Service.
• You decide what is sent. A person on your team approves every message before it is sent, and you are responsible for the messages you approve.
• Data processing agreement. Where we process personal data for you, our data processing agreement applies and forms part of these terms. Ask us at privacy@tryactionlayer.com for a copy.
• Anonymous statistics. We may use usage data in combined, anonymous form, which identifies neither you nor any person, to run and improve the Service.

8. AI features and output

• The Service uses AI to research, score and draft. Output can be wrong, incomplete or out of date, and other customers may get similar output.
• Check output before you rely on it or send it.
• Between you and us, you own the output created for you, subject to these terms.
• Signals and data from public and third-party sources come as found. We do not promise they are complete or correct.

9. Tools you connect

The Service connects to tools such as your CRM, sequencer and Slack. Those tools are covered by their own terms, and we are not responsible for them. If a provider changes or withdraws its service or API, some features may stop working.

10. Our rights

We own the Service, including its software, design, models, prompts and documentation. You receive only the rights these terms give you. If you send us feedback or ideas, we may use them without owing you anything.

11. Confidentiality

Each of us will keep the other’s non-public information confidential, use it only for this agreement, and protect it with at least reasonable care. This does not cover information that is already public, was already known, is received lawfully from someone else, or must be disclosed by law. This duty continues for three years after the agreement ends.

12. Availability, support and changes

We work to keep the Service available and secure, but we do not promise it will be uninterrupted or error-free. We may carry out maintenance, which we try to schedule outside working hours. Support is provided through the channel listed for your plan.

We improve the Service over time and may change or remove features. If a change significantly reduces the main features of your paid plan, we will tell you in advance, and you may cancel and receive a pro-rata refund of fees paid for the rest of the period.

13. Suspension

We may suspend access straight away if you breach section 6, if your use puts the Service or others at risk, if fees remain unpaid after notice, or if the law requires it. We will restore access once the reason is resolved.

14. Ending the agreement

• You can cancel at any time. Cancellation takes effect at the end of your current billing period.
• Either of us may end the agreement if the other seriously breaches it and does not fix the breach within 30 days of notice. We may end it straight away for a breach of section 6.
• When the agreement ends, access stops. You have 30 days to export your Customer Data. We delete it within 90 days after the end, as described in our privacy policy.
• Sections that by their nature should continue, such as payment, liability, confidentiality and governing law, continue after the end.

15. Warranties

We provide the Service with reasonable skill and care. Beyond that, and as far as the law allows, the Service is provided “as is”, without other warranties of any kind.

16. Limits on liability

Neither of us is liable for indirect or consequential loss, or for lost profits, revenue, goodwill or data.

Each party’s total liability under this agreement is limited to the fees paid or payable by you in the 12 months before the event that caused the claim.

These limits do not apply to your payment obligations, to a breach of section 6, to the indemnity in section 17, or to liability that cannot be limited by law, including liability for intent or deliberate recklessness.

17. Indemnity

You will defend and compensate us against claims by third parties that arise from your Customer Data, the messages you send, or a breach of section 6.

18. Changes to these terms

We may update these terms. For significant changes we give at least 30 days’ notice by email or in the app. If you do not agree, you can cancel before the change takes effect. If you keep using the Service after that date, the new terms apply.

19. Governing law and disputes

These terms are governed by Dutch law. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Disputes go exclusively to the competent court in Amsterdam, the Netherlands. Either of us may still ask any competent court for urgent relief.

20. General

• These terms, any order form and the data processing agreement are the whole agreement between us on this subject.
• You may not transfer this agreement without our written consent. We may transfer it to a group company or to a buyer of our business, and will tell you.
• Neither of us is responsible for delays caused by events outside reasonable control.
• If a court finds part of these terms invalid, the rest still applies.
• Not enforcing a right straight away does not mean giving it up.
• We send notices to the email address of your account admin. Send notices to us at legal@tryactionlayer.com.
• If these terms are translated, the English version applies.

21. Contact

Action Layer AI Inc.
Email: legal@tryactionlayer.com