Terms of Service
1. Agreement to these terms
These Terms of Service (the "Terms") govern access to and use of the Kara Reach websites, platform, applications, APIs, and related services (collectively, the "Service"). By creating an account, accepting an invitation, signing an order form that refers to these Terms, or using the Service, you agree to these Terms on behalf of yourself and, if applicable, the organization you represent ("Customer," "you," or "your"). If you do not agree, do not use the Service.
If an order form or other signed agreement conflicts with these Terms, the signed agreement controls for that conflict.
2. Eligibility and authority
You must be legally able to enter into a binding agreement and must use the Service for business or professional purposes. If you use the Service for an organization, you represent that you have authority to bind that organization. The Service is not intended for children.
3. Accounts and workspaces
You must provide accurate account information, protect your credentials, and promptly notify us of suspected unauthorized access. You are responsible for activity performed through your account unless caused by our breach of these Terms.
Workspace owners and administrators control workspace membership, roles, settings, integrations, and customer content. Their actions may affect other workspace users, including access to or deletion of information. You are responsible for ensuring that only authorized people receive access and that permissions remain appropriate.
4. The Service
Kara Reach provides tools for outreach, prospect and account management, messaging, enrichment, automation, connected inboxes, reporting, customer-service workflows, and related business operations. Features may change over time, and some features may be beta, limited, metered, or dependent on a third-party service.
We may improve, modify, suspend, or discontinue features. We will use commercially reasonable efforts to avoid materially reducing paid core functionality during a current committed subscription term, except where a change is necessary for security, law, third-party platform requirements, or prevention of abuse.
5. Connected services
The Service may connect with third-party products and platforms. Your use of a connected service is governed by that provider's terms and policies, and you authorize us to exchange information with it as needed to perform the actions you configure. You are responsible for maintaining valid permissions and credentials.
We do not control third-party services and are not responsible for their availability, decisions, data, or changes. A provider may rate-limit, restrict, or terminate an account. Kara Reach does not guarantee that use of automation will be permitted by every provider or prevent a provider from taking action against an account.
6. Acceptable use
You may not use the Service to:
- violate law, regulation, sanctions, or the rights of another person;
- send unlawful, deceptive, harassing, abusive, or unsolicited communications;
- collect, upload, enrich, or use personal information without a lawful basis or required notice;
- impersonate another person or misrepresent your identity, affiliation, or message;
- distribute malware, attempt unauthorized access, probe security, or interfere with the Service;
- bypass usage limits, access controls, safety controls, or provider restrictions;
- resell or provide the Service to third parties except as expressly permitted in writing;
- reverse engineer or copy the Service except to the limited extent a restriction is prohibited by law; or
- use the Service or its output to build a competing product or train a competing model without our written permission.
You are responsible for the legality, recipients, timing, content, targeting, and configuration of your campaigns and communications, including compliance with marketing, privacy, employment, anti-spam, telemarketing, and platform-specific requirements.
7. Customer content
As between the parties, you retain ownership of content and data you submit to the Service ("Customer Content"). You grant us a limited, worldwide right to host, copy, transmit, process, display, and otherwise use Customer Content only as needed to provide, secure, support, and improve the Service; comply with your instructions; and meet legal obligations.
You represent that you have all rights, permissions, notices, and lawful bases needed for Customer Content and our processing of it under your instructions. You must not submit highly sensitive information unless the Service expressly supports it and you have confirmed that doing so is lawful and appropriate.
8. Automated and AI-assisted features
Automated or artificial-intelligence features may produce suggestions, classifications, enrichment, summaries, or drafted communications. Output can be inaccurate, incomplete, or unsuitable. You are responsible for reviewing output and for decisions, messages, and actions taken from it. Do not rely on output as legal, medical, financial, employment, or other professional advice.
You must provide appropriate human review where required by law or where output could materially affect a person. We do not promise that output is unique or that similar output will not be provided to others.
9. Fees, billing, and credits
Paid plans, usage charges, credit prices, billing periods, payment terms, taxes, and renewal terms are described in the applicable order form, checkout flow, invoice, or plan page. You authorize us and our payment processors to charge the payment method you provide for amounts due.
Unless otherwise stated in writing or required by law, fees are non-refundable and purchased or granted usage credits have no cash value, are non-transferable outside the applicable workspace, and may expire or be revoked as described when issued. You are responsible for taxes other than taxes on our net income. Overdue amounts may result in limits or suspension after any notice required by law or contract.
10. Our intellectual property
Kara Reach and its licensors own the Service, including its software, design, documentation, and branding, excluding Customer Content. Subject to these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable right to use the Service during your authorized subscription for your internal business purposes.
If you provide feedback, you grant us a perpetual, worldwide, irrevocable, royalty-free right to use it without restriction or obligation, provided we do not identify you publicly as the source without permission.
11. Confidentiality
Each party may receive non-public information from the other that is identified as confidential or should reasonably be understood as confidential. The receiving party will use it only to perform or receive the Service, protect it using reasonable care, and disclose it only to people and service providers who need it and are bound to protect it. These duties do not cover information that is public through no fault of the receiver, already lawfully known, independently developed, or rightfully obtained from another source.
A party may disclose confidential information when legally required if it gives advance notice where permitted and reasonable assistance at the other party's expense.
12. Privacy and security
Our Privacy Policy explains how we handle personal information in connection with the Service. Each party will comply with applicable privacy and data-protection law. If required for our processing of personal information on Customer's behalf, the parties may enter into a data processing addendum.
We maintain safeguards designed to protect the Service, but no system is completely secure. You are responsible for configuring access appropriately, maintaining backups of information you need, and using the Service in a manner suitable for the sensitivity of your data.
13. Suspension
We may suspend or limit access if we reasonably believe there is a security risk, unlawful activity, material breach, overdue payment, harm to the Service or others, or a requirement from law or a connected-service provider. Where practical, we will give notice and an opportunity to cure. We may act immediately when necessary to prevent harm or comply with law.
14. Termination
You may stop using the Service at any time, but stopping use does not cancel amounts already owed. Either party may terminate a subscription as stated in an applicable order form or if the other party materially breaches the agreement and does not cure the breach within a reasonable written cure period.
On termination, your right to use the Service ends. We may delete Customer Content after a reasonable export or retention period, subject to legal obligations, backups, and any written agreement. Provisions that by their nature should survive will survive, including payment obligations, intellectual-property protections, disclaimers, limitations of liability, confidentiality, and dispute provisions.
15. Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." WE DISCLAIM IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
We do not warrant uninterrupted or error-free operation, delivery or response rates, provider availability, business outcomes, or that automated output will be accurate or appropriate. Nothing in these Terms excludes a warranty or right that cannot legally be excluded.
16. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, BUSINESS, OR DATA, EVEN IF ADVISED THAT SUCH DAMAGE IS POSSIBLE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, EACH PARTY'S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THE SERVICE WILL NOT EXCEED THE AMOUNTS PAID OR PAYABLE BY CUSTOMER TO KARA REACH FOR THE SERVICE DURING THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY. The exclusions and cap do not apply to liability that cannot be limited by law, your payment obligations, or your infringement or misuse of our intellectual property.
17. Indemnification
To the extent permitted by law, you will defend and indemnify Kara Reach and its personnel from third-party claims, damages, and reasonable costs arising from Customer Content, your campaigns or communications, your violation of law or third-party rights, or your material breach of these Terms. We will promptly notify you of a covered claim and provide reasonable cooperation at your expense. You may not settle a claim in a way that admits fault by us or imposes obligations on us without our consent.
18. Changes to these terms
We may update these Terms to reflect changes to the Service, law, or our business. We will post the updated Terms with a new effective date and provide additional notice when required. Material changes generally apply prospectively. Continued use after updated Terms take effect constitutes acceptance to the extent permitted by law.
19. General
Neither party may assign the agreement without the other's consent, except in connection with a merger, reorganization, sale of substantially all relevant assets, or to an affiliate, provided the assignee assumes the obligations. We may use subcontractors but remain responsible for our obligations under the agreement.
Neither party is liable for delay caused by events beyond its reasonable control, except payment obligations. Failure to enforce a provision is not a waiver. If a provision is unenforceable, it will be modified to the minimum extent necessary and the remainder will continue. The agreement is the entire agreement about the Service and supersedes prior discussions on that subject.
Governing law and venue are those stated in an applicable order form or other signed agreement. If none are stated, they will be determined under applicable law and conflict-of-law principles. Before filing a formal claim, the parties will attempt in good faith to resolve the dispute through written notice and reasonable business discussions.
20. Contact
Questions about these Terms may be submitted through the support contact made available in the Kara Reach application or on our website.