Terms of Service

1. Acceptance & eligibility

These Terms of Service ("Terms") form a binding agreement between you ("you," "your," the "Customer") and BCAgentOutreach ("we," "us," "our"). By creating an account, checking the "I agree" box during signup, or using the Service, you accept these Terms.

You represent that you are at least 18 years old, are signing up on behalf of a legitimate business, and have authority to bind that business to these Terms. If you don't agree to these Terms, don't use the Service.

2. The Service

BCAgentOutreach is a software platform that helps residential service operators identify newly-listed homes in selected ZIP codes, draft personalized cold outreach emails to the listing agents, and send those emails on the operator's behalf. We may add, change, or remove features at any time.

The Service depends on third-party data sources, AI models, and email infrastructure (described in Section 11). We do not guarantee the accuracy, completeness, or availability of any third-party data, and we don't promise any specific outcome — number of leads found, emails delivered, replies received, deals closed, or otherwise.

3. Your account

You're responsible for everything that happens under your account, including any emails sent from the sending address tied to your account. Keep your credentials secure. Notify us immediately at hello@bcagentoutreach.com if you suspect unauthorized access.

Each account is for a single business. If you operate multiple businesses or distinct brands, you'll need a separate account for each.

4. Fees, billing & refunds

Subscription fee

The Pro plan is billed monthly in advance at the rate posted on our pricing page at the time you subscribe. Your subscription auto-renews each month at the then-current rate until you cancel.

ZIP code add-ons

Each paid ZIP add-on is billed at the posted monthly rate. When you claim a paid ZIP, we charge the prorated amount for the partial period through your next renewal immediately, and the ZIP add-on is added to your monthly subscription invoice from then on.

30-day minimum commitment on paid ZIPs. Paid ZIP add-ons cannot be released for 30 days from the claim date. After the 30-day window, you can release a paid ZIP at any time, and your monthly invoice will reflect the change starting the next billing cycle.

Per-lead charges

Each scrape charges a per-lead fee at the rate posted on our pricing page, with a per-ZIP minimum charge that applies even on low-yield runs. We hold an estimated upper bound on your card before each run starts and capture only the actual amount once the run completes. If a scrape fails outright, the hold is released.

Non-refundable

All fees — subscription, ZIP add-ons, and per-lead charges — are non-refundable. This includes (without limitation) partial billing periods, unused ZIP add-on months, leads we surface that don't reply, and any fees paid before you cancel. We don't issue refunds for unused service, dissatisfaction with results, or any other reason except where required by applicable law.

Card on file & failed payments

You authorize us to charge your payment method for all fees you incur. If a charge fails, we may pause your subscription, refuse new scrapes, and suspend sends until you update your payment method. We may retry failed charges within a reasonable period.

Taxes

All fees are exclusive of taxes. You're responsible for any sales, use, VAT, or similar taxes that apply to your purchase, except for taxes on our net income.

Price changes

We may change pricing at any time. We'll give you at least 14 days' notice (by email or in-app) before a price change takes effect on your account. Continued use after the effective date constitutes acceptance of the new pricing. If you don't accept, your only remedy is to cancel before the change takes effect.

5. Cancellation

You can cancel your subscription at any time from the Billing page in your account. Cancellation takes effect at the end of your then-current billing period — you keep access through the period you've already paid for, and we won't charge another renewal.

Cancellation does not entitle you to a refund of any portion of the current billing period, ZIP add-on fees, or per-lead charges already incurred. When your subscription ends, all your ZIP claims (free and paid) are released back to the pool.

Paid ZIP add-ons (i.e., ZIPs beyond the count included in your plan) carry a 30-day minimum commitment from the date each ZIP is claimed. ZIPs cannot be released before that window expires, even on subscription cancellation.

6. ZIP exclusivity

Each ZIP code claimed under an active subscription is exclusive to that account — no other Customer can target the same ZIP while your claim is active. Exclusivity is enforced platform-wide and applies only as long as your subscription remains in good standing.

We may release ZIPs (free, paid, or grandfathered) when:

• You cancel or your subscription is terminated;
• Your payment fails and isn't cured within a reasonable period;
• You release the ZIP yourself (subject to the 30-day commitment for paid add-ons);
• We terminate your account under Section 13.

Released ZIPs return to the claimable pool immediately. We don't guarantee you'll be able to re-claim a released ZIP — another Customer may claim it before you do.

7. Acceptable use

You agree not to:

• Use the Service to send unsolicited bulk email outside the Service's intended outreach context;
• Send content that is fraudulent, deceptive, harassing, defamatory, obscene, or illegal;
• Impersonate any person or entity or misrepresent your affiliation with any business;
• Reverse-engineer, scrape, copy, or build a competing product from the Service;
• Resell, sublicense, or share access to your account with anyone outside your business;
• Use automated tools to interact with the Service beyond the API endpoints we publicly document;
• Attempt to bypass rate limits, ZIP exclusivity, daily send caps, or any other technical control;
• Use the Service in violation of any applicable law or regulation, including CAN-SPAM, TCPA, GDPR, CCPA, or any anti-spam, marketing, or consumer-protection laws that apply to your business or your recipients.

8. Email & CAN-SPAM

Emails sent through the Service are sent on your behalf, as you. You are the sender of record for legal purposes, including under the U.S. CAN-SPAM Act and equivalent foreign laws. You are responsible for ensuring every email you send through the Service complies with applicable law.

You agree to:

• Provide accurate sender identification (no false or misleading headers, business names, or display names);
• Include a valid physical postal address in every commercial email you send through the Service (either by including it in your AI prompt / email template or by entering it in your business profile when that field becomes available);
• Honor opt-out / unsubscribe requests promptly;
• Not send to any recipient who has previously opted out of communications from you or your business;
• Provide truthful information about your business when configuring your AI prompt and email content.

We reserve the right to refuse to send, delay, or throttle any email — including pausing your account — if we reasonably believe your sending practices threaten our deliverability reputation, violate these Terms, or violate applicable law.

9. Your content

Anything you upload, configure, or generate through the Service — your business description, AI prompt, sender identity, ZIP selections, lead data, manual edits to drafted emails, replies, etc. — is "Customer Content." You retain ownership of your Customer Content.

You grant us a worldwide, non-exclusive, royalty-free license to host, process, copy, modify, and transmit your Customer Content as necessary to operate the Service, provide support, and improve the Service (in aggregated or de-identified form). You represent that you have all rights necessary to grant this license.

We don't claim ownership of the leads we surface for you. They appear on your dashboard so you can decide who to email. The accuracy of any contact information returned by the Service is not guaranteed.

10. Data & privacy

Our handling of your personal data is governed by our Privacy Policy. By using the Service, you agree we may process your data, including your account email, payment info, IP address, usage data, and any business or contact data you provide, as needed to operate the Service.

You're responsible for any obligations you have to recipients of your outreach emails — including disclosure obligations, opt-out handling, and retention limits — under applicable privacy law.

11. Third-party services

The Service depends on third-party providers we may swap or update at any time, including (currently) Stripe (payments), Supabase (auth and database), Vercel (app hosting), Netlify (marketing-site hosting), Instantly.ai (outbound cold-outreach email delivery), Resend (transactional / auth email and inbound webhook), Apify (real-estate listing data, primarily from Realtor.com), Anthropic (AI text generation), and Sentry (production error monitoring). Outages, errors, or changes to these providers may degrade or interrupt the Service. The current list of sub-processors is also maintained in our Privacy Policy.

We're not liable for any failure or delay in the Service caused by a third-party provider. When you use the Service, you also agree to the applicable third-party terms when relevant (for example, Stripe's terms cover your payment relationship with Stripe).

12. Our intellectual property

The Service, including all software, designs, copy, prompts, templates, dashboards, and brand assets, is owned by us or our licensors and protected by copyright, trademark, and other intellectual-property laws. We grant you a limited, non-transferable, non-exclusive, revocable license to use the Service for your business while these Terms are in effect. No other rights are granted.

13. Termination

We may suspend or terminate your account and access to the Service at any time, with or without notice, for any reason, including (without limitation) breach of these Terms, payment failure, abuse of the Service, or anything we reasonably believe threatens our deliverability reputation, security, or other Customers.

On termination, your ZIP claims, scheduled sends, and account access end immediately. Sections that by their nature should survive termination (Fees already paid, Disclaimers, Limitation of Liability, Indemnification, Disputes, and General) survive termination.

14. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY DATA WILL BE ACCURATE, COMPLETE, OR DELIVERED.

WITHOUT LIMITING THE FOREGOING: WE DO NOT GUARANTEE THE NUMBER, QUALITY, OR ACCURACY OF LEADS SURFACED; THE DELIVERABILITY, OPEN RATE, REPLY RATE, OR DEAL-CONVERSION RATE OF EMAILS SENT THROUGH THE SERVICE; OR THE AVAILABILITY OF ANY ZIP CODE FOR CLAIM AT ANY GIVEN TIME.

15. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES; LOST PROFITS; LOST REVENUE; LOST DATA; LOSS OF GOODWILL; OR BUSINESS INTERRUPTION — EVEN IF WE'VE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100). THESE LIMITATIONS APPLY REGARDLESS OF THE LEGAL THEORY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE).

Some jurisdictions don't allow the exclusion or limitation of certain damages. To the extent the law of your jurisdiction prohibits the limitations above, those specific limitations don't apply to you, but the rest remains in effect.

16. Indemnification

You agree to indemnify, defend, and hold harmless BCAgentOutreach and its owners, employees, and agents from any third-party claim, demand, loss, damage, cost, or expense (including reasonable attorney's fees) arising out of or related to: (a) your use of the Service; (b) your Customer Content; (c) any email sent through the Service from your account; (d) your violation of these Terms; (e) your violation of any law, including anti-spam, marketing, privacy, or consumer-protection laws; or (f) your violation of any third party's rights.

17. Disputes & arbitration

These Terms are governed by the laws of the State of Arizona, USA, without regard to its conflict-of-laws principles.

Any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration will take place in Maricopa County, Arizona (or by video / phone at the arbitrator's discretion), in English, before one neutral arbitrator. Judgment on the award may be entered in any court of competent jurisdiction.

Class-action waiver. You and we each agree to bring claims only in our individual capacity, and not as a plaintiff or class member in any class, collective, consolidated, or representative action. The arbitrator may not consolidate more than one person's claims and may not preside over any class or representative proceeding.

Carve-outs. Either party may seek injunctive or equitable relief in court for the protection of intellectual-property rights, security violations, or breach of confidentiality. Small-claims court is also available for qualifying disputes.

18. Changes to these terms

We may update these Terms from time to time. If we make a material change, we'll notify you by email or in-app at least 14 days before the change takes effect. Continued use of the Service after the effective date constitutes acceptance of the updated Terms. If you don't accept, your only remedy is to cancel before the effective date.

19. General

Entire agreement. These Terms, together with any pricing or order page you accept and any policies referenced here, are the entire agreement between you and us regarding the Service and supersede any prior or contemporaneous agreements.

No waiver. Our failure to enforce any provision is not a waiver of our right to enforce it later.

Severability. If any provision of these Terms is held to be unenforceable, the rest remains in effect and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable.

Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms (for example, in connection with a merger or sale of our business). Any attempted assignment in violation of this section is void.

Force majeure. We're not liable for any failure or delay in performance caused by events beyond our reasonable control, including outages of third-party providers, internet infrastructure failures, natural disasters, government actions, or labor disputes.

Notices. We'll send notices to the email address on your account. Notices to us should go to hello@bcagentoutreach.com.

20. Contact

Questions about these Terms? Email us at hello@bcagentoutreach.com.

Mailing address: [BUSINESS MAILING ADDRESS — fill in].