Terms of Service and Sale

The service is intended for professionals acting in the course of their commercial, industrial, craft or professional activity (the “Customer”). It is not offered to consumers. The provider is Outbly (“we”). Contact: privacy@outbly.com.

The applicable contract consists of these Terms, our Data Processing Agreement (/legal/dpa), our Privacy Policy (/legal/privacy), our Cookie Policy (/legal/cookies), the published prices and any signed commercial offer. In case of conflict, the order of precedence is:

• the signed commercial offer;
• the DPA, for the processing of personal data;
• these Terms;
• the Privacy Policy;
• the product documentation.

Outbly is a software platform for B2B prospecting, outreach, reply management and CRM. The features included in each plan, and its limits (users, mailboxes, leads, campaigns, credits, API), are described on the Pricing page.

Features marked “beta”, “experimental” or “preview” may be changed, suspended or removed at any time and carry no availability guarantee. Some features depend on third-party services (mailboxes, AI, data providers, payments) whose availability we do not control.

We may evolve the service. If we remove an essential feature of your plan, we will tell you at least 30 days in advance.

You must provide accurate information, keep your credentials and API keys confidential and be authorized to bind your organization. You are responsible for activity under your account and for the members you invite. The Terms are accepted electronically (sign-up, checkbox or payment); these electronic records serve as evidence.

You must use Outbly lawfully and responsibly. In particular, you must not:

• send spam, unsolicited bulk email or messages to purchased lists without a legal basis;
• violate the GDPR, ePrivacy/PECR, CAN-SPAM, CASL or any other applicable data protection or electronic marketing law;
• try to bypass spam filters, use domains or mailboxes you do not control, impersonate a domain, brand or identity, or bypass sending limits, quotas and platform safeguards;
• automate LinkedIn or other platforms in violation of their terms, or extract data you are not authorized to collect;
• send deceptive, harassing, unlawful or malicious content;
• ignore unsubscribe requests, remove suppression-list entries to contact people who opted out, or circumvent a suspension;
• resell or provide the service to third parties without our agreement, copy the service, decompile it or try to extract its code, or crawl it with bots;
• import unlawfully obtained data or categories of data prohibited by the DPA.

You also comply with the rules of your mailbox providers (Google, Microsoft…) and of the platforms you connect. You cooperate with us in any investigation of abuse, recipient complaint, security incident or authority request.

You are solely responsible for the lawfulness of your campaigns, the quality and source of your data, the choice of recipients, the content and frequency of your messages, the configuration of your domains and mailboxes, and compliance with data protection and commercial outreach rules (informing individuals, a simple and free right to object, sender identification).

Outbly provides a technical tool. We are not responsible for your business decisions, message content, lists used, replies obtained, deliverability or results.

You keep all rights in the content and data you submit to the service (“Customer Content”). For prospect data, you are the controller and must have a legal basis, inform the individuals concerned and honor their rights; our role is described in the DPA. You grant us, for the duration of the contract, a worldwide, non-exclusive, revocable licence to host, technically reproduce, process and transmit your Customer Content, solely to provide the service and meet our legal obligations.

The service (software, interfaces, models, documentation, trademarks, logos) remains the property of Outbly or its licensors. We grant you a limited, non-exclusive, non-transferable, revocable right of use for the duration of the contract.

We may freely use your suggestions and feedback to improve our products, without compensation. We do not use your name or logo as a reference without your agreement.

Each party keeps confidential the non-public information of the other party it accesses under the contract, and uses it only to perform the contract. This does not apply to information that is public, already known, independently developed or required by law to be disclosed.

AI output can be inaccurate. You are responsible for reviewing messages before they are sent; human approval is on by default. We do not guarantee deliverability, reply rates or business results.

Paid subscriptions have an initial term of one month and renew automatically for successive one-month periods, unless canceled before the renewal date. They are billed in advance through Stripe. Prices are in euros, excluding taxes; VAT and other applicable taxes are added. A free trial, when offered, is limited to one per organization and per person.

We may change our prices with at least 30 days' written notice; the new price applies at the next renewal, and you may cancel before it takes effect.

If a payment fails, we may retry it and, failing resolution, suspend the service. Except where the law requires otherwise, amounts paid are not refunded. You can change plan from the application.

Each plan includes monthly credits, used for some AI, enrichment and data-provider lookup operations. The credit cost of each operation is shown in the application and on the Pricing page.

Credits reset each billing period; unused credits expire, are not carried over and are not refundable. Free or promotional credits are not refundable and expire on the date stated. When your credits run out, the operations concerned stop until renewal or a plan change. An operation that fails for a technical reason on our side does not consume credits.

We provide the service with due care, in line with usual professional practice. We do not guarantee that it will be uninterrupted or error-free: maintenance, incidents or third-party dependencies may affect availability. Support is provided by email at support@outbly.com. No service level agreement (SLA) applies unless in a signed commercial offer.

We may suspend all or part of the service, with notice where possible, in case of: non-payment; a security risk; clearly unlawful use or a serious breach of these Terms; a risk to infrastructure, deliverability or reputation; an authority's request; a major incident at an essential provider. Suspension ends as soon as the cause is removed.

You may cancel your subscription at any time; cancellation takes effect at the end of the current period. You may also delete your account from Settings. We may terminate the contract with immediate effect for a serious breach not remedied within 15 days of written notice, or immediately for unlawful use.

After termination, access to the service ends. You have 30 days to export your data; after that, we delete active data as described in the Privacy Policy and the DPA. The clauses on intellectual property, confidentiality, liability, indemnification and disputes survive termination.

The service is provided without any guarantee that business results, reply rates or deliverability performance will reach a particular level. Subject to mandatory rules, our total liability under the contract is limited to the amounts, excluding taxes, you paid in the 12 months preceding the event giving rise to the claim. We are not liable for indirect damage, loss of opportunities, profits or customers, or harm to reputation, except in case of gross negligence or wilful misconduct.

This limitation does not apply in case of gross negligence, wilful misconduct, or where the law prohibits it.

You indemnify us, and our officers, employees and providers, against claims, losses, fines and reasonable costs arising from the data or content you submit, your instructions, your outreach campaigns, a breach of these Terms, third-party rights or applicable data protection and electronic marketing laws. This requires that you are notified of the claim in writing, that we may take part in its defense and that you cooperate reasonably.

Neither party is liable for a failure caused by force majeure as defined by applicable law, including natural disaster, war, major cyberattack, widespread network failure or a public authority's decision.

We may change these Terms. Material changes are notified by email or in the service at least 30 days before they take effect. If you keep using the service after that date, you accept the new Terms; otherwise you may cancel before they take effect.

These Terms and the documents listed in “Parties, contract and order of precedence” are the entire agreement. If a clause is invalid, the others remain applicable; not exercising a right is not waiving it. You may not assign the contract without our agreement. Notices are given by email to the account address and to privacy@outbly.com. You comply with economic sanctions, anti-corruption and export control laws. These Terms are drafted in French; any translation is provided for information only.

These Terms are governed by French law. Any dispute about their interpretation, performance or termination falls under the competent courts of the registered office of Outbly, subject to mandatory jurisdiction rules. Before any action, the parties seek an amicable solution by writing to privacy@outbly.com.

Legal questions: privacy@outbly.com. Support: support@outbly.com.