Terms of Service

1. Definitions

• Services - the ExploroMedia platform, including the web application at app.exploromedia.com, APIs, outbound automation tools, and related features.
• Customer / you - the person or entity accepting these Terms.
• Customer Data - all data, content, and information submitted to the Services by you or your users.
• Lead Data - prospect and business contact information processed through the Services.
• Order Form - any sales order, online checkout, invoice, or agreement that incorporates these Terms.
• Subscription Term - the period during which you are entitled to use the Services per the Order Form.

2. The Services

2.1 We provide an autonomous B2B outbound platform including signal detection, lead discovery, enrichment, multichannel outreach, reply handling, and CRM integration.

2.2 Access is subject to your Subscription Plan and user seat limits.

2.3 We may modify, add, or deprecate features with 30 days' prior notice for material changes.

2.4 Beta features are provided "as-is" and may be discontinued without notice; they are not part of Subscription Plan guarantees.

3. Customer Obligations

3.1 Account - you must provide accurate information, maintain account security, and protect user credentials.

3.2 Cooperation Requirements:

• (a) Provide ICP definition within 5 business days of Service activation
• (b) Provide exclusion lists and suppression files as needed
• (c) Respond to lead feedback requests within 48 hours
• (d) Attend scheduled qualified meetings or cancel with 24 hours' notice
• (e) Provide necessary CRM access and integrations

3.3 IMPORTANT: Failure to meet cooperation obligations does not reduce, suspend, or eliminate payment obligations.

3.4 Lawful Use - you must use the Services in compliance with applicable laws including CAN-SPAM, GDPR, CASL, and third-party platform terms (LinkedIn, email providers, etc.).

3.5 You must comply with our Acceptable Use Policy.

4. Fees and Payment

4.1 Subscription Fees as stated in your Order Form.

4.2 Payment Terms as specified in your Order Form or applicable invoice.

4.3 Late Payments - 1.5% monthly interest or maximum allowed by law, plus reasonable collection costs.

4.4 Disputes - written dispute within 30 days of invoice, otherwise deemed accepted.

4.5 Taxes - you are responsible for all taxes except ExploroMedia's income tax. EU B2B customers are subject to VAT reverse-charge where applicable.

4.6 Auto-Renewal - subscriptions auto-renew for the same term unless cancelled with 30 days' notice before renewal.

4.7 Non-Refundable - fees are non-refundable except as required by law.

5. Term and Termination

5.1 Initial Term as stated in the Order Form, minimum 3 months.

5.2 Termination for Cause - material breach with 30-day cure period.

5.3 Termination for Convenience - Customer may terminate at end of Subscription Term with 30 days' notice; ExploroMedia may terminate with 60 days' notice.

5.4 Effect of Termination - immediate access revocation, data export window of 30 days, deletion thereafter.

5.5 Survival - sections on IP, Confidentiality, Warranties & Disclaimers, Limitation of Liability, Indemnification, Governing Law, and Dispute Resolution survive termination.

6. Intellectual Property

6.1 ExploroMedia IP - the Services, platform, code, algorithms, design, and improvements remain our exclusive property.

6.2 Customer Data - you retain all rights to Customer Data and Lead Data.

6.3 License to ExploroMedia - you grant us a non-exclusive license to use Customer Data solely to provide the Services.

6.4 Feedback - if you provide feedback or suggestions, we may use them without restriction or obligation.

7. Confidentiality

7.1 Both parties will protect Confidential Information with reasonable care.

7.2 Exceptions - publicly known, independently developed, lawfully received from third party, or required by law.

7.3 Survival - obligations continue for 3 years post-termination.

8. Data Protection

8.1 We process Customer Data and Lead Data as Processor under your instructions per the Data Processing Addendum.

8.2 Security measures described at /legal/security.

8.3 Breach notification within 72 hours of confirmed breach affecting Customer Data.

9. Warranties and Disclaimers

9.1 Each party warrants authority to enter this agreement.

9.2 We warrant the Services will materially perform per documentation.

9.3 DISCLAIMERS - EXCEPT AS EXPRESSLY STATED, THE SERVICES ARE PROVIDED "AS-IS" WITHOUT WARRANTIES OF ANY KIND, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR UNINTERRUPTED / ERROR-FREE OPERATION.

9.4 NO GUARANTEE of meeting counts, reply rates, conversion rates, or pipeline outcomes.

10. Limitation of Liability

10.1 EXCLUSIONS - NEITHER PARTY LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST DATA, OR BUSINESS INTERRUPTION.

10.2 CAP - total aggregate liability limited to fees paid in the 12 months preceding the claim.

10.3 EXCEPTIONS - breach of Confidentiality, IP infringement indemnity, gross negligence, and willful misconduct not subject to cap.

11. Indemnification

11.1 We indemnify you against third-party IP infringement claims related to the Services.

11.2 You indemnify us against claims arising from Customer Data, misuse of Services, breach of AUP, or your outreach content.

11.3 Procedure - prompt notice, sole control of defense, reasonable cooperation.

12. General

12.1 Entire Agreement - these Terms plus Order Form plus referenced Policies.

12.2 Order of Precedence - Order Form > Terms > Policies.

12.3 Modifications - 30 days' notice for material changes; continued use = acceptance.

12.4 Assignment - neither party without consent, except to successor in merger/acquisition.

12.5 Force Majeure - neither party liable for delays or failures caused by events beyond reasonable control.

12.6 Notices - legal@exploromedia.com for ExploroMedia; your registered email for Customer.

13. Governing Law

Governed by the laws of the State of Wyoming, USA, excluding conflict-of-laws principles. The UN Convention on Contracts for International Sale of Goods is excluded.

14. Dispute Resolution

14.1 Informal Resolution - good-faith negotiation for 30 days.

14.2 Arbitration - binding arbitration per JAMS rules, venue Cheyenne, Wyoming, English language.

14.3 CLASS ACTION WAIVER - disputes resolved individually; no class or collective actions.

14.4 EQUITABLE RELIEF - either party may seek injunctive relief in courts of competent jurisdiction for IP or Confidentiality violations.

14.5 FOR EU CUSTOMERS - nothing in this section derogates from mandatory consumer protections or jurisdictional rights under EU law for EU-resident natural persons.

15. Contact

ExploroMedia LLC

Registered in Wyoming, USA

Legal inquiries: legal@exploromedia.com

General: info@exploromedia.com

Full company details: /legal/notice