Last updated: February 8, 2024
By installing the browser extension or otherwise using the Services, you acknowledge that you have read, understood, and agree to be legally bound by the Terms and the Privacy Policy. If you do not have such authority, or if you do not agree with the Terms and the Privacy Policy, you must not accept the Terms and may not use the Services.
Subject to these Terms and our Privacy Policy, we grant you a non-exclusive, non-transferable, revocable, limited right to access and use the Services in accordance with your chosen subscription plan (“Plan”) for the duration of your subscription term (“Subscription Term”). The Services include AI-powered sales tools like email outreach, LinkedIn messaging, and call scripts. You acknowledge that the Services may be periodically unavailable due to: (i) planned downtime, and (ii) circumstances beyond our reasonable control pursuant to section 10.4 (Force Majeure). We reserve the right to make changes to the Services at any time and from time to time, provided that we will not materially decrease the functionality of the Services during a Subscription Term.
Only upgrades to your Plan are permitted during the Subscription Term, including moving to a higher subscription plan, adding users, or moving from a monthly to annual subscription.
Direct reselling, distribution, or disclosure of the Service or Output Data is strictly forbidden. Any attempt to access the Service on behalf of third parties or to transmit false or misleading information through the Service is prohibited. The creation of derivative works from the Service is not allowed. Reverse engineering or unauthorized data extraction beyond the scope of your license is prohibited.
The Service must not be used in ways that violate any laws, including privacy and marketing laws, or to promote illegal products or services. This extends to prohibitions on advertising harmful products, engaging in fraudulent activities, violating intellectual property rights, or engaging in discriminatory or violent acts.
You are required to adhere to legal and ethical standards in your use of email services, including proper opt-out mechanisms and avoiding the use of deceptive identities. Sending spam, unsolicited messages, or harmful content through email is not permitted.
The use of multiple Google accounts or any other method to circumvent access controls or usage limits is expressly forbidden. Users must access and use the Service through a single account unless otherwise permitted by specific agreement.
Should you become aware of any misuse of the Service or breach of these terms, please contact us immediately. We reserve the right to suspend or terminate access to the Service for violations of these terms, at our discretion. In cases of confirmed misuse or abuse, we may demand cessation of all Service and Output Data usage and take further action as necessary.
You acknowledge and agree that at all times in your use of the Services that you will: (i) only use the Services for your internal business-to-business sales, marketing, or customer relationship management; (ii) comply with the Terms and all applicable laws, rules and regulations; (iii) use measures to keep the personal data contained in BI Data secure, confidential and comply with all applicable data privacy laws; (iv) monitor and control all activity conducted through your account in connection with the Services.
You acknowledge and agree that at all times during your use of the Services, you will not:a. Use First Touch in a manner that violates any applicable laws (including, without limitation any marketing or data privacy and security laws) or industry best practices or that would cause us to violate applicable law. In particular you agree not to use the Service in a manner that would violate the U.S. CAN-SPAM Act of 2003, the Canadian Anti-Spam Legislation (CASL)b. Send bulk emails or single emails from a group distribution email such as hello@ or marketing@ etc.c. Access the Services to build a competitive product or serviced. Use the Services in any way that is misleading, unlawful, defamatory, obscene, invasive, or objectionable.If you undertake any prohibited actions, your privileges to use the Services may be terminated or suspended. First Touch shall also have the right to pursue any damages or injunctive relief under law.
The Services may integrate with select third-party software like Gmail, LinkedIn, and CRMs. When you enable integrations, you authorize First Touch to access and use information from your accounts with the third-party services to provide the Services, improve the quality of BI Data, and derive anonymized insights for internal R&D. You own and retain all rights to your data from third-party services. You represent that you have authority to provide such access and doing so will not violate agreements with third-party services.
2.1 First Touch's use and transfer of information received from Google APIs to any other app will adhere to Google API Services User Data Policy, including the Limited Use requirements.
To use and access the Services, you agree to pay the monthly or annual fee for your Plan, where applicable. All Fees are non-refundable. Upon renewal, Fees may change.
Unless otherwise provided, First Touch will charge you the Fees monthly or annually based on your Plan using a PCI-compliant third party payment processor. You are responsible for providing complete billing information and notifying us of changes.Disputes over Fees must be raised via written notice within 10 days of the invoice date. For non-payment, we will provide notice and may suspend your access if payment is not received within 30 days. First Touch may charge a 1.5% monthly late fee on past due amounts.
You are responsible for any applicable taxes. Unless stated, fees exclude taxes.
Credits offered with certain Plans have no cash value and are not redeemable for cash. Payments for credits are non-refundable and non-disputable. Credits reset every 30 days for paid plans, and every 7 days for Freemium plans. First Touch reserves the right to change the number of credits offered. Additional credits can be purchased by request.
The Subscription Term starts when you sign up and agree to the Terms. It automatically renews for the same duration unless you cancel with notice per section 4.2. Fees may change at renewal.
You may only cancel at the end of your Subscription Term by providing notice. For Monthly plans, cancellation requests must be made before the end of the current month. For Annual plans, notice must be given at least 30 days before the term ends. No refunds or credits will be provided, and your access will immediately terminate upon cancellation.
Either party may terminate for material breach if not cured within 30 days of notice, or if the other party becomes subject to bankruptcy or insolvency proceedings. Termination will not discharge you of the obligation to pay Fees.
First Touch may suspend your access immediately if: (a) you fail to make payment for over 30 days from its due date; or (b) you have breached sections 1.3, 1.4 or 5.2. First Touch will have no liability for the period of suspension.
You acknowledge that all rights, titles, and interests in the Services, including BI Data, copyright, design rights, patents, trademarks, and trade secrets are owned by or licensed to First Touch. Except for the limited rights in section 1.1, we reserve all rights not expressly granted, and these Terms do not grant any such rights to you. You may not use anything in the Services without permission.
You may provide suggestions, ideas, corrections, or other feedback to First Touch. You grant First Touch a worldwide, perpetual, royalty-free license to use, reproduce, publish, and distribute your feedback to improve the Services.
“Confidential Information” means any information designated as confidential or reasonably understood as such given its nature and disclosure circumstances. This includes pricing, proprietary materials, product plans, technology, business plans and processes.
Each party will protect the other’s Confidential Information like its own confidential data, using at least reasonable care. Confidential Information may only be used to exercise rights and perform obligations under the Terms.Each party may disclose Confidential Information to employees and contractors on a need-to-know basis, as required by law or regulation, or as reasonably necessary to comply with law.
By using the Services, you consent to data collection and processing by First Touch per First Touch’s Privacy Policy at: https://firsttouch.com/privacy-policy
Each party represents it has the authority to enter into the Terms.
THE SERVICES AND BI DATA ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND TO THE FULLEST EXTENT PERMITTED BY LAW. FIRST TOUCH DISCLAIMS ALL WARRANTIES INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. FIRST TOUCH DOES NOT WARRANT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. FIRST TOUCH DISCLAIMS LIABILITY FOR ANY THIRD-PARTY APPLICATIONS. NO INFORMATION FROM FIRST TOUCH CREATES A WARRANTY NOT IN THE TERMS.
You agree to defend, indemnify and hold First Touch harmless from third party claims, damages, losses, liabilities, costs or debt, and expenses (including attorney’s fees) arising from your: (i) breach of these Terms; and (ii) violation of third party rights or damage caused. This indemnification will survive the Terms and your use of Services.
First Touch reserves the right, at its sole discretion, to modify or replace any part of these Terms of Service at any time. It is your responsibility to check these Terms of Service periodically for changes. Your continued use of or access to the First Touch services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Whenever significant changes are made to these Terms of Service, First Touch will make reasonable efforts to notify you either through the email address you have provided us, by posting a prominent notice on our website, or through direct communication within the service platform. However, it remains your obligation to ensure that your contact information is current and to review these Terms of Service periodically.
Changes to the Terms of Service will become effective immediately upon posting unless otherwise specified in the notice of changes. If you disagree with the revised terms, you are free to discontinue using our services. By continuing to access or use our services after those revisions become effective, you agree to be bound by the revised terms.These Terms of Service (“Terms”) and the Privacy Policy govern your access and use of First Touch’s (“First Touch,” “us,” “we,” and “our”) website, browser extensions, proprietary software and services (collectively the “Services”) including any business information you capture (“BI Data”) from the Services.
