Effective Date: 12th October 2023
Please read these Terms & Conditions (the “Terms”) carefully before accessing this website or using any services offered by Reachly Co., Ltd. (“Reachly,” “we,” “us,” or “our”). By accessing or using our website or services on behalf of your business, you agree to be bound by these Terms and by our Privacy Policy (https://www.reachly.co/privacy-policy/). If you do not agree to these Terms or our Privacy Policy, do not access or use our services.
1.1 The Services
These Terms govern your access to and use of the Reachly website (the “Website”) and the products, services, features, content, and applications offered by us (collectively, the “Services”). We provide B2B lead generation and related consulting, typically delivered through web-based applications, LinkedIn profile content creation, and messaging assistance.
1.2 Parties
These Terms are a legally binding agreement between:
1.3 Business Use Only
By entering into these Terms on behalf of a company, partnership, or other legal entity (collectively, a “Company”), you represent and warrant that you have the legal authority to bind that Company to these Terms. If you do not have such authority, or if you do not agree with these Terms, you must not accept these Terms or use the Services.
3.1 Scope of Services
Reachly provides done-for-you B2B lead generation, using a combination of data sourcing, messaging campaigns, LinkedIn content drafting, and other outreach strategies. Subject to these Terms, Reachly grants you a non-exclusive, non-transferable, revocable license to access and use the Services for your Company’s internal business purposes only.
3.2 Use of Third-Party Tools & AI
You acknowledge and agree that, in performing the Services, Reachly may use third-party platforms, APIs, or artificial intelligence (“AI”) tools to source data or optimize results. While Reachly exercises reasonable care in selecting and managing such tools, we remain responsible for ensuring compliance with applicable data-protection laws in collecting or processing prospect data on your behalf.
3.3 No Guarantee of Leads or Results
No specific outcome or number of leads is guaranteed. All results, including quantity or quality of leads, vary based on numerous factors. You acknowledge that no refunds or adjustments will be made based on lead quantity or quality, conversion rates, or similar performance metrics, except if expressly stated in an email from us.
3.4 Ownership & Intellectual Property
Unless otherwise stated, Reachly (or its licensors) retains all rights, title, and interest in and to the Services, including software, code, designs, text, graphics, and other content. Nothing in these Terms transfers any portion of the Services to you or your Company.
3.5 Prohibited Activities
You and your Company shall not:
4.1 User Account
To use the Services, a representative of your Company must create a User Account and go through our Client payment Portal (powered by Stripe). You agree to provide accurate and up-to-date information. You and your Company are responsible for maintaining the confidentiality of login credentials.
4.2 Authority & Representation
By creating a User Account or placing an Order, you represent and warrant that:
4.3 Notification of Breach
If at any time you suspect unauthorized access to your User Account or any breach of these Terms, notify us at support@reachly.co immediately.
5.1 Minimum Subscription
The Initial Subscription Period is six (6) months, payable in monthly installments. Each Subscription Period runs for approximately thirty (30) days. You commit to pay the Subscription Fee for all six months.
5.2 Automatic Recurring Billing
5.3 Renewal Subscription Periods
Following the six-month minimum, the subscription automatically rolls over on a month-to-month basis, unless canceled in accordance with Clause 5.4 below.
5.4 Cancellation & Notice
5.5 Chargebacks
If you or your Company initiates a chargeback that is deemed invalid (i.e., does not align with these Terms or your agreement with your bank), you remain responsible for the unpaid Subscription Fees and any associated chargeback fees we incur.
5.6 Taxes
Unless stated otherwise, fees do not include applicable sales, use, value-added, or similar taxes. You are responsible for all such taxes, if any, associated with your subscription.
6.1 Onboarding Responsiveness
During the first month of the subscription, your active participation is critical. You must provide timely feedback, approvals, and account access to allow Reachly to set up and launch your campaigns. Delays caused by your inaction or lack of responsiveness do not pause or extend your recurring billing nor entitle you to refunds.
6.2 Compliance with Marketing & Privacy Laws
Reachly will comply with relevant data-protection laws when gathering or processing lead data with the tools its subscribed to. However, you acknowledge that you must ensure your own marketing activities (including any additional messages you send or ways you use the leads) comply with all applicable laws and regulations in your jurisdiction. You are responsible for any consents or notices required in your industry or region.
6.3 Accurate Company Information
You and your Company agree to provide true, accurate, current, and complete information to Reachly and promptly update such information should it change.
7.1 Services Provided “As Is”
Except as expressly stated, the Services are provided on an “as is” and “as available” basis. Reachly does not warrant that the Services will be uninterrupted or error-free.
7.2 No Liability for Indirect Damages
To the fullest extent permitted by law, neither party shall be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, revenue, or data, even if advised of the possibility of such damages.
7.3 Your Company’s Indemnity
Your Company agrees to defend, indemnify, and hold harmless Reachly and its affiliates from and against all third-party claims, liabilities, damages, or expenses (including reasonable attorneys’ fees) arising out of (i) any alleged breach of these Terms by your Company; or (ii) your Company’s use of the Services in violation of any law or regulation.
8.1 Definition
“Confidential Information” includes any non-public, proprietary business, technical, or financial information of Reachly or your Company provided in connection with the Services.
8.2 Obligations
The receiving party shall use Confidential Information solely for purposes of performing under these Terms. The receiving party shall not disclose Confidential Information to any third party, except to those who need access for the receiving party to perform its obligations and are bound by confidentiality obligations at least as restrictive as those herein.
8.3 Exceptions
These confidentiality obligations do not apply to information that is (a) publicly available without breach of these Terms, (b) independently developed without reference to the disclosing party’s Confidential Information, or (c) required to be disclosed by law or court order.
Reachly shall not be liable for any delay or failure to perform resulting from causes beyond our reasonable control, including acts of God, labor disputes, war, terrorism, governmental regulations, or internet or telecommunications failures.
10.1 Amendments
Reachly may update these Terms at any time by posting the revised Terms on the Website or otherwise providing notice. Continued use of the Services after such changes become effective constitutes acceptance of the revised Terms.
10.2 Marketing
You authorize Reachly to reference your Company’s name, logos, and results (high-level statistics or testimonials) in our marketing materials, unless you request otherwise in writing.
10.3 Severability
If any provision of these Terms is found unenforceable, the remainder will remain in full force and effect.
10.4 No Waiver
No failure or delay by Reachly in exercising any right or remedy will operate as a waiver of any such right or remedy.
14.4 No Partnership or Agency
Nothing in these Terms shall be construed to create any partnership, joint venture, or agency relationship between you (or your Company) and Reachly.
10.1 Entire Agreement
These Terms, together with any Order Forms and our Privacy Policy, constitute the entire agreement between you (and your Company) and Reachly regarding the Services and supersede all prior agreements.
10.2 Term
These Terms remain in effect for the duration of your Company’s subscription, including any Renewal Subscription Periods.
10.3 Termination for Cause
Reachly may terminate or suspend your access to the Services immediately if (i) you or your Company breach these Terms and fail to remedy within a reasonable period, or (ii) you fail to pay any amounts due.
10.4 Effect of Termination
Upon termination, you lose the right to access or use the Services. All outstanding fees and charges become immediately due and payable. Reachly will delete your campaign data from our systems once the subscription terminates or expires.
12.1 Governing Law
These Terms and any dispute arising out of or related hereto shall be governed by the laws of the Kingdom of Thailand, without regard to conflict-of-law principles.
12.2 Jurisdiction
You and Reachly submit to the exclusive jurisdiction of the courts of the Kingdom of Thailand. Notwithstanding the foregoing, Reachly may seek injunctive relief in any appropriate jurisdiction to protect its intellectual property or Confidential Information.
END OF TERMS OF SERVICE
