Terms of Use

These Terms of Use ("Terms") govern your access to and use of the Krabat service ("Service"), a product of Magic Sales Bot ("Sales.co", "we", "us", or "our"). The Service is an AI outreach agent (the "Agent") that researches your market, identifies prospects, drafts outreach emails, sends them on your behalf, and handles replies. By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.

Eligibility

To access and use the Service, you must be at least 13 years old or the minimum age required in your country, have a valid account, and be located in a country where the Service is available. By using the Service, you represent and warrant that you meet these eligibility requirements.

Privacy

Your privacy is important to us. Please review our Privacy Policy, which explains how we collect, use, and protect your personal information. By using the Service, you agree to the collection and use of your information in accordance with our Privacy Policy.

User Conduct and Prohibited Content

You agree not to use the Service for any illegal activities, to infringe on the rights of others, or to distribute harmful or offensive content. Misuse of the Service may result in account suspension or termination, and you are responsible for any consequences arising from your actions while using the Service.

Without limiting the foregoing, you shall not provide to, instruct, or otherwise cause the Service or the Agent to create, process, store, or distribute any content that:

• Is illegal, fraudulent, defamatory, obscene, threatening, abusive, or otherwise unlawful under the laws of any jurisdiction where you or the recipients of your communications are located;
• Infringes upon or violates any intellectual property rights, trade secrets, privacy rights, or other proprietary rights of any third party;
• Contains malware, phishing links, deceptive URLs, or any material designed to defraud, mislead, or harm recipients;
• Promotes or facilitates violence, terrorism, hate speech, discrimination, or any activity prohibited by applicable law;
• Constitutes unsolicited bulk messaging (spam) in violation of applicable anti-spam legislation;
• Impersonates any person or entity, or falsely represents your affiliation with any person or entity.

You bear full and sole responsibility for all content you provide to the Service, all instructions you give to the Agent, and all communications the Agent generates or sends on your behalf. Sales.co does not review, approve, or endorse any user-provided content or Agent-generated output. Sales.co shall not be liable for any claims, damages, fines, or penalties arising from prohibited, illegal, or otherwise unlawful content transmitted through the Service at your direction.

Data Protection and GDPR Compliance

The Service provides access to business and professional data and AI-powered automation tools, including the Agent, which performs outreach, prospecting, and communication tasks on your behalf. You acknowledge and agree that you are the data controller within the meaning of the General Data Protection Regulation (EU) 2016/679 ("GDPR") and any applicable national data protection legislation for all personal data processed through or in connection with your use of the Service.

By instructing the Agent to commence any task, including but not limited to initiating a search, launching a campaign, generating email drafts, or starting any automated outreach sequence, you expressly confirm that:

• You have a valid legal basis (such as legitimate interest or consent) for the processing of personal data involved in the Agent's operation;
• You have conducted any necessary assessments (including, where applicable, a Legitimate Interest Assessment or Data Protection Impact Assessment) prior to using the Service;
• You assume full and sole responsibility for ensuring that your use of the Service complies with GDPR, the UK Data Protection Act 2018, the ePrivacy Directive 2002/58/EC, and any other applicable data protection laws and regulations;
• You will honour all data subject rights requests (access, erasure, rectification, objection, portability) relating to personal data processed through the Service.

The act of giving the Agent an instruction to start work constitutes your affirmative agreement to bear full responsibility for data protection compliance arising from that operation. Sales.co acts solely as a data processor and/or provider of tooling and does not determine the purposes or means of any personal data processing carried out by you through the Service.

Sales.co shall not be liable for any fines, penalties, claims, damages, or losses arising from your failure to comply with GDPR or any other data protection legislation in connection with your use of the Service.

Compliance with Advertising and Communication Laws

The Service may generate and/or send electronic communications, including emails, follow-ups, and other outreach messages, on your behalf. You acknowledge and agree that you are solely responsible for ensuring that all communications sent through or generated by the Service comply with applicable laws and regulations governing electronic communications, advertising, and marketing in:

• The jurisdictions in which you and your business operate;
• The jurisdictions in which the recipients of your communications are located.

This includes, but is not limited to, compliance with the CAN-SPAM Act (United States), the Privacy and Electronic Communications Regulations 2003 (United Kingdom), the ePrivacy Directive (European Union), the Canadian Anti-Spam Legislation (CASL), and any other applicable national or regional laws regulating unsolicited or commercial electronic communications.

By launching any outreach campaign or instructing the Agent to send or draft communications, you represent and warrant that you have obtained all necessary consents, licences, and authorisations required by applicable law, and that the content, frequency, and targeting of such communications are lawful.

Sales.co provides the technological means to create and deliver communications but does not control the content, recipients, or legal basis for any communications you choose to send. Sales.co shall not be liable for any fines, penalties, claims, damages, or losses arising from your failure to comply with applicable advertising, marketing, or communication laws.

Billing, Payments and Refunds

The Service is pay-as-you-go. There is no subscription and no minimum commitment. Current rates are shown in the app before you start sending.

Pay-as-you-go usage

To activate the Agent, you save a payment method with our payment provider. We may grant welcome credits to new accounts; welcome credits have no cash value and are not refundable.

Usage is charged per email sent, at the rate shown in the app. Usage can accrue as a postpaid balance up to a limit we set for your account. By saving a payment method and instructing the Agent to start work (for example, launching a campaign), you authorize Sales.co to charge your saved payment method off-session for accrued usage, including retrying failed charges.

If we cannot collect an outstanding balance, we may pause sending and suspend your access to the Agent until the balance is settled.

Charges for accrued usage pay for services already delivered. Once collected, they are final and not refundable. Unused credits from one-time top-ups can be refunded on request.

Dispute Resolution

Sales.co will address disputes, complaints, or legal issues arising from the use of the Service through a designated dispute resolution process. You agree to resolve any disputes through arbitration or mediation, and the governing law will be that of the State of Delaware, United States.

Modifications and Termination

Sales.co reserves the right to modify, suspend, or terminate the Service or user access to the Service at any time, with or without notice. You may also choose to terminate your account at any time. Consequences of termination may include loss of access to the Service and deletion of user data.

Disclaimer of Warranties

Sales.co provides the Service "as is" and does not guarantee the accuracy, reliability, or completeness of the AI-generated answers. Users assume all risks associated with using the Service, and Sales.co disclaims any warranties, express or implied. Sales.co's liability for any damages arising from the use of the Service is limited to the extent permitted by law.

Promotional Use

By using the Service, you grant Sales.co a non-exclusive, royalty-free, worldwide licence to use your company name, logo, and general description of your use case in Sales.co's marketing and promotional materials, including but not limited to the Sales.co website, social media channels, case studies, and sales collateral. Sales.co will not disclose confidential business information, campaign content, or any other non-public details without your prior written consent.

If you prefer not to be featured, you may opt out at any time by contacting us at support@sales.co. Upon receiving your request, we will remove your company name and logo from our promotional materials within a reasonable timeframe (typically within 30 days).

Email Consent

By signing up for the Service, you consent to receive personalized emails based on your activity. You can unsubscribe at any time using the link provided in the email.

Changes to the Terms

We may update these Terms from time to time. We will notify you of any changes by posting the new Terms on this page. You are advised to review this page periodically for any changes. Changes to these Terms are effective when they are posted on this page.

Indemnification

You agree to indemnify, defend, and hold harmless Sales.co, its affiliates, and their respective officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising out of or in connection with your use of the Service, your violation of these Terms, or your infringement of any intellectual property or other rights of any third party.

Limitation of Liability

To the extent permitted by law, Sales.co's total liability for any claims arising from the use of the Service shall not exceed the amount paid by the user for the Service during the 12 months preceding the claim. Sales.co shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages arising from the use of or inability to use the Service, even if Sales.co has been advised of the possibility of such damages.

Force Majeure

Sales.co shall not be liable for any delay or failure to perform its obligations under these Terms due to circumstances beyond its reasonable control, such as natural disasters, acts of God, war, terrorism, labor disputes, or government actions.

Contact Us

If you have any questions about these Terms, please contact us at:

Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located within the State of Delaware for the purpose of litigating all such claims or disputes.

Severability

If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between you and Sales.co regarding our Service and supersede and replace any prior agreements we might have had between us regarding the Service. If any provision of these Terms is found to be invalid or unenforceable, the parties agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect.

Miscellaneous

The relationship between the parties is that of independent contractors. The waiver of any provision of these Terms shall not be considered a waiver of any other provision or of Sales.co's right to require strict observance of each of the terms herein. You may not assign your rights and obligations under these Terms without the prior written consent of Sales.co. The headings used in these Terms are for reference purposes only and shall not affect the interpretation of the Terms.