Terms of Service
Last updated: January 13, 2025
Agreement to Terms
By accessing or using Beak (“the Service”), you agree to be bound by these Terms of Service (“Terms”). If you disagree with any part of these terms, you may not access the Service.
Description of Service
Beak is a cold email automation platform that allows users to:
- Connect their Gmail accounts securely
- Create and send email campaigns
- Track email performance and responses
- Manage contact lists and follow-up sequences
Account Registration
To use our Service, you must:
- Provide accurate and complete registration information
- Maintain the security of your account credentials
- Be at least 18 years old or have parental consent
- Have authorization to use the connected Gmail account
Acceptable Use
You agree to use Beak responsibly and legally. You may NOT:
- Send spam, unsolicited, or illegal content
- Violate CAN-SPAM Act, GDPR, or other applicable laws
- Use false or misleading sender information
- Send emails containing malware or harmful content
- Abuse or overload our systems
- Interfere with other users’ ability to use the Service
- Use the Service for any illegal or unauthorized purpose
Email Compliance
You are responsible for ensuring your email campaigns comply with:
- CAN-SPAM Act and similar anti-spam laws
- GDPR and other privacy regulations
- Industry best practices for email marketing
- Gmail’s Terms of Service and policies
Gmail Integration
By connecting your Gmail account:
- You authorize Beak to send emails on your behalf
- You remain responsible for all emails sent through your account
- You acknowledge that Gmail’s terms and policies apply
- You understand that your Gmail account’s reputation affects deliverability
Subscription and Billing
Payment Terms
- Subscription fees are billed in advance
- All fees are non-refundable unless otherwise stated
- We offer a 30-day money-back guarantee for new subscriptions
- Prices may change with 30 days notice
Account Suspension
We may suspend or terminate your account for:
- Non-payment of fees
- Violation of these Terms
- Suspected fraudulent or abusive activity
- Legal or regulatory requirements
Intellectual Property
Our Rights
Beak and its original content, features, and functionality are owned by us and protected by copyright, trademark, and other laws.
Your Content
You retain ownership of your email content and contact lists. By using our Service, you grant us a limited license to process this content to provide our services.
Privacy and Data Protection
Your privacy is important to us. Our Privacy Policy explains how we collect, use, and protect your information.
Service Availability
We strive to maintain high availability but cannot guarantee uninterrupted service. We may:
- Perform scheduled maintenance
- Experience temporary outages
- Modify or discontinue features with notice
Limitation of Liability
To the maximum extent permitted by law:
- Beak is provided “as is” without warranties
- We are not liable for indirect, incidental, or consequential damages
- Our total liability is limited to the amount you paid in the preceding 12 months
Indemnification
You agree to indemnify and hold us harmless from any claims, damages, or expenses arising from:
- Your use of the Service
- Your email campaigns and content
- Your violation of these Terms
- Your violation of applicable laws
Termination
Either party may terminate this agreement at any time. Upon termination:
- Your access to the Service will cease
- We will delete your account data according to our Privacy Policy
- Accrued obligations will survive termination
Dispute Resolution
Governing Law
These Terms are governed by the laws of Delaware, United States.
Arbitration
Any disputes will be resolved through binding arbitration rather than in court, except for intellectual property disputes.
Changes to Terms
We may modify these Terms at any time. We will:
- Post updated Terms on our website
- Notify you of material changes
- Provide 30 days notice for significant changes
Continued use of the Service after changes constitutes acceptance.
Contact Information
For questions about these Terms, contact us at:
- Email: [email protected]
- Address: Firm Firm, LLC
1111B S Governors Ave STE 29674
Dover, DE 19904
United States
Severability
If any provision of these Terms is found unenforceable, the remaining provisions will continue in full force and effect.
These terms of service are designed to protect both Beak and its users while ensuring compliance with email marketing regulations. Please consult with a legal professional to ensure these terms meet your specific business needs and jurisdiction requirements.