Terms of Service

1. Who these terms are between

These Terms of Service (the "Terms") are a contract between Opusend and the business that uses Opusend (the "Customer", "you"). Opusend is a trade name of Xhuljo Cullhaj Person Fizik (M11422030U), Rruga Abedin Nepravishta, 1060, Tirane, Albania ("Opusend", "we", "us"). Our full details are in the Legal notice.

They cover the Opusend Chrome extension, the web app at app.opusend.com and everything they connect to (together, the "Service"). By creating an account, pressing a button that refers to these Terms, or using the Service, you accept them. If you accept them for a company or another organisation, you confirm that you have the authority to bind it, and "you" means that organisation.

These Terms include, by reference, the Acceptable Use Policy and the Data Processing Agreement (the "DPA"). The Privacy Policy explains how we handle personal data; it is information, not part of this contract.

2. For business use only

The Service is a business tool. You may use it only for your trade, business, craft or profession, and not as a consumer. You must be at least 18 years old and able to enter into a contract. Consumer protection rules that apply only to consumers, such as a right of withdrawal, do not apply to this contract.

3. What the Service does

Opusend helps you research prospects, draft personalised outreach with AI, keep a CRM of your prospects and conversations, and send or schedule connection requests, messages and emails. The extension works in your own browser, on your own LinkedIn, Sales Navigator and email accounts, under the daily limits, working hours and other rules you set. Nothing is sent unless you press Send, queue the work, or start an Autopilot campaign, and queued work can be paused or stopped at any time.

The Service depends on third-party platforms that we do not control, above all LinkedIn and Google. They change their pages and their rules without notice, and a change can stop a feature from working until we adapt it. See section 11.

4. Accounts, workspaces and seats

• Your account. Give accurate information and keep it up to date. Keep your password and your sign-in secure, and tell us at once at [email protected] if you think someone else has used them. You are responsible for everything done under your accounts.
• One person per seat. Each seat is for one named person. A seat may not be shared or used by a bot or a group of people. You may move a seat from someone who has left to someone new.
• Workspaces. Your company's accounts share one workspace. The workspace owner invites and removes members and manages billing. You are responsible for your members' use of the Service and their compliance with these Terms. When a member leaves, the leads they owned stay with the workspace.
• Seats are billed. You are billed for the seats in your workspace, as shown in Billing. Adding someone to your workspace adds their seat to your next invoice.

5. The free trial

A new account may try the Service free of charge for 14 days, on the plan picked at sign-up and within the trial's limits shown on the pricing page. No payment card is needed, and nothing is charged when the trial ends: the paid features simply stop until you buy a plan. You may move up a plan during the trial; the trial still ends on the same day. Add-ons are not part of the trial. One trial per company: do not open new accounts to get another. During the trial the Service is provided without any commitment from us (see section 13).

6. Plans, billing and Lemon Squeezy

• Merchant of record. Paid plans, seats, credit packs and add-ons are sold through Lemon Squeezy (Link, LLC, formerly Lemon Squeezy LLC), which acts as the merchant of record and reseller. When you buy, Lemon Squeezy is the seller on your order: it takes the payment, charges the sales tax or VAT that applies, and issues your invoices. Its own terms apply to the payment. We never see or store your full card details.
• Prices. Prices are per seat, in euros, as shown on our pricing page and in Billing when you buy. Taxes are added where the law requires them. We may change prices with at least 30 days' notice; a change applies from your next renewal after the notice period.
• Renewal. A subscription renews automatically, monthly or yearly as you chose, until you cancel it. Lemon Squeezy charges the payment method on file at each renewal.
• Changes. You can change plan, seats or packs from Billing, which tells you how a change is charged before you confirm it. A change of plan is prorated by Lemon Squeezy: you pay the difference for the rest of the period, or it is credited to your next invoice. Removing seats or reducing a credit pack takes effect at the end of the period you have paid for.
• Cancellation. You can cancel at any time from Billing, or by writing to us. A cancelled subscription runs to the end of the period you have paid for and then ends. There is no cancellation fee and no lock-in.
• Refunds. Apart from the credit a change of plan may give on your next invoice, payments are not refundable, including for the unused part of a monthly or yearly period, for seats you remove, or for credits you do not use, unless the law requires a refund or we agree to one in writing. If we agree to a refund, Lemon Squeezy processes it.
• Failed payments. If a payment fails, Lemon Squeezy retries it for a period, and the Service keeps working meanwhile. If it still fails, the subscription ends and the paid features stop. Your data stays in your account, and you can still export it.
• Enterprise. An Enterprise agreement, or any order form we both sign, may set other prices, limits and terms. Where it conflicts with these Terms, it wins for that point.

7. Credits

Credits pay for looking up a prospect's work email address. One credit is spent when a fresh lookup finds an email; a repeat lookup and a lookup that finds nothing are free. Each plan includes a monthly allowance of credits for the workspace, and you can buy a monthly credit pack on top. Unused credits roll over while your plan is active. If your plan ends, your credits are held for 30 days and then expire. Credits have no cash value, cannot be sold or transferred to another workspace, and are not refundable.

8. Limits and fair use

Each plan and the trial have limits, shown on the pricing page and in the app. They are fair use ceilings, of three kinds:

• AI drafts. A daily allowance and a monthly allowance, the monthly one being 22 times the daily one. Each sending mailbox your plan allows beyond the first adds to the daily allowance. These days are counted in UTC: a day's allowance comes back at 00:00 UTC, and the month's on the first day of the next month at 00:00 UTC. The daily allowance also caps the amount of AI processing it covers, so a day of unusually long work can reach it with fewer drafts. A short per-minute limit protects the Service from bursts.
• Contact lookups. The workspace's monthly allowance of credits, as set out in section 7. A lookup that finds nothing is free up to a daily number per workspace; past it, new lookups wait until the next day (UTC).
• Actions sent on your behalf, such as connection requests, messages and emails. Each has a daily ceiling, counted on the day of your own time zone. You can set your own limits lower in Settings, never higher than your plan's ceiling. LinkedIn, Google and other email providers apply limits of their own as well, which we do not control.

When a daily or monthly limit is reached, the work it covers stops until the allowance comes back, and the app says which limit was reached and when it returns. Autopilot then starts again by itself; if it meets the per-minute limit, it pauses until you resume it. You may not try to get around a limit, for example by sharing seats, opening extra accounts or automating the Service with your own scripts.

9. Acceptable use and your responsibility for outreach

You must use the Service lawfully and in line with the Acceptable Use Policy. In particular, you, and not Opusend, are responsible for:

• complying with the terms of every platform you use with Opusend, including the LinkedIn User Agreement and the rules of LinkedIn Sales Navigator, and Google's terms for Gmail and your Google account;
• complying with the anti-spam, electronic marketing and ePrivacy rules of every country you contact people in, such as the ePrivacy Directive as each EU country applies it, the UK's PECR, CAN-SPAM and CASL;
• complying with the GDPR and other data protection laws for the prospects you collect and contact: having a lawful basis, telling them what they need to be told, honouring their objections and erasure requests, and keeping your own records;
• not sending spam: no bulk unsolicited messages, no misleading sender details or subject lines, and an easy way for every recipient to opt out, which you honour;
• collecting and keeping only the data you need for your own business outreach. The Service may not be used to scrape LinkedIn or any other site beyond your own use, or to build, sell or share a contact database.

10. AI drafts

Drafts, replies, summaries, scores and suggestions are generated by AI models from the data you and your prospects provide and from public information. They may be wrong, out of date or inappropriate, and similar wording may be produced for other users. You must read and, where needed, edit every message before it is sent, or before you start a campaign that sends it. You are responsible for every message sent from your accounts, as if you had written it yourself, including its accuracy and any claim it makes about you, your company, your clients or the person you write to. Scores and suggestions are aids for your own decisions; they are not advice.

As between us, you own the drafts the Service generates for you, to the extent anyone can own them. Neither we nor our AI provider train AI models on your data or your prospects' data.

11. Third-party platforms and automation risk

Your use of LinkedIn, Google, your mailbox provider and any other third-party service is governed by your own agreement with that provider. If a provider changes or withdraws something the Service relies on, we may change or remove the affected feature (see section 17).

12. Your data

• You own it. The prospects, companies, notes, messages and other content you put into the Service, or that the Service collects on your instructions ("Customer Data"), belong to you. You give us the right to host, copy, process and transmit Customer Data only as needed to provide, secure and support the Service for you, and as described in the DPA.
• We are your processor. For personal data in Customer Data, you are the controller and we process it on your behalf under the DPA, which forms part of these Terms. You confirm that you are allowed to give us that data and to have it processed as the Service does.
• Export. You can export your data at any time: the CRM as a CSV file, and everything in your account as one JSON file from Settings, Data.
• Deletion. You can delete leads, clear your CRM, or close your account from Settings, Data. When you close your account, your data is held for 30 days, so that you can ask for it back, and then erased; copies in our database backups are gone within 30 more days. You can ask us to erase it at once instead. What we keep after that, and why, is in the Privacy Policy.
• Usage information. We may use information about how the Service is used, in a form that identifies no person and no customer, to run, secure and improve it.

13. No warranty

We will provide the Service with reasonable skill and care. Apart from that, and to the extent the law allows, the Service, the AI output and the trial are provided "as is" and "as available", without any warranty, express or implied, including any warranty of merchantability, fitness for a particular purpose, accuracy or non-infringement. We do not promise that the Service will be uninterrupted, error free or secure against every attack, that its data about prospects or companies is accurate or complete, that an email address it finds is valid, or that using it will produce replies, meetings or sales.

14. Limits on our liability

• The cap. Our total liability to you for all claims arising out of or relating to these Terms or the Service, in contract, tort (including negligence) or otherwise, is limited to the total fees you paid for the Service in the 12 months before the event that gave rise to the first claim, or one hundred euros if you paid nothing in that time.
• No indirect losses. Neither party is liable to the other for any indirect, incidental, special or consequential loss, or for any loss of profit, revenue, business, contracts, goodwill or anticipated savings, whether direct or indirect.
• What we are never liable for. To the extent the law allows, we are not liable for: any action a third-party platform takes against your accounts; the content of messages sent from your accounts; your or your users' breach of these Terms or of the law; loss of data you could have exported; or failures of the internet, your browser or your devices.
• What these limits do not cover. Nothing in these Terms limits or excludes liability that cannot be limited or excluded by law, such as liability for fraud, or for death or personal injury caused by negligence. The cap does not apply to your obligation to pay fees or to your indemnity in section 15.

15. Your indemnity

You will defend, indemnify and hold harmless Opusend, its owner and its contractors against any claim, demand, fine or penalty to the extent the law allows, and any loss, damage, cost and reasonable legal fee, brought by a third party (including a prospect, a platform such as LinkedIn or Google, or a public authority) that arises from: the messages sent from your accounts and the way you used the Service for outreach; Customer Data, including your right to collect and use it; or your or your users' breach of these Terms, the Acceptable Use Policy, a platform's terms or the law. We will tell you promptly about such a claim, let you control its defence with counsel of your choice, and give you reasonable help at your cost. You may not settle a claim in a way that admits fault on our behalf without our consent.

16. Suspension and termination

• By you. You may stop using the Service at any time, cancel your subscription from Billing, and close your account from Settings, Data.
• Suspension. We may suspend all or part of your access, with notice where it is reasonable to give it, if: you or your users breach the Acceptable Use Policy or the law; your use puts the Service, other customers or a platform's trust in us at risk; a payment is overdue; or the law or an authority requires it. We lift a suspension once its cause is fixed.
• Termination by us. We may end these Terms for your account if you materially breach them and do not fix the breach within 14 days of our notice, or at once if the breach cannot be fixed or is a serious breach of the Acceptable Use Policy. We may also stop providing the Service altogether with at least 30 days' notice; if we do, we refund the fees you paid in advance for the period after it stops.
• What happens then. When these Terms end, your right to use the Service ends, and your data is handled as section 12 describes. Sections 6 (for amounts due), 7 (credits are not refundable), 10, 12, 13, 14, 15, 18 and 19 survive.

17. Changes to the Service and to these Terms

We improve the Service all the time and may change or remove features. If we remove a feature that is a material part of a paid plan, we will tell you in advance where we reasonably can.

We may update these Terms. For a material change we will give you at least 30 days' notice, by email or in the product, before it takes effect, unless the change is required by law or a platform sooner, or is needed to deal with abuse. If you do not agree with a change, cancel your subscription before it takes effect; nothing extra is charged. If you keep using the Service after the date it takes effect, the updated Terms apply. The date at the top of this page says when they last changed.

18. General

• Force majeure. Neither party is liable for a delay or failure caused by events beyond its reasonable control, including a failure or change of a third-party platform or provider, a failure of the internet or of power, a cyberattack, war, an act of an authority, a fire, a flood or an epidemic. This does not excuse a payment.
• Assignment. You may not transfer these Terms without our written consent. We may transfer them, with notice to you, to a company the owner sets up or controls, or to whoever acquires the Service or the business that runs it.
• Subcontractors. We may use subcontractors and providers to run the Service. The ones that process personal data are listed on the Subprocessors page. We remain responsible for them under these Terms and the DPA.
• Confidentiality. Each party keeps the other's non-public information confidential and uses it only for this contract, except where the law requires disclosure.
• Feedback. If you send us ideas or feedback, we may use them freely and without owing you anything.
• Our rights. The Service, its software, design and brand belong to Opusend and its licensors. These Terms give you a right to use the Service while they last, and nothing else. You may not copy, resell, reverse engineer or build a competing product from the Service.
• Notices. We send notices to the email address of your account's owner. You send notices to [email protected].
• Entire agreement. These Terms, with the Acceptable Use Policy, the DPA and any order form we both sign, are the entire agreement between us about the Service and replace anything said or written before. Terms on your purchase orders do not apply.
• Severability and waiver. If a court finds part of these Terms unenforceable, that part is applied as far as the law allows and the rest stays in force. Not enforcing a right is not a waiver of it.
• No third-party rights. Nobody other than you and us may enforce these Terms.
• Language. These Terms are written in English. A translation, if any, is for convenience only.

19. Governing law and courts

These Terms, and any dispute or claim arising out of or relating to them or to the Service, including non-contractual ones, are governed by the laws of the Republic of Albania, without regard to its conflict-of-law rules. The courts of Tirana, Albania have exclusive jurisdiction, except that either party may ask any competent court for urgent interim relief, and we may bring a claim for unpaid fees in the courts where you are established.

20. Contact

Questions about these Terms: [email protected]. Help with the product: [email protected]. See also the Privacy Policy, the Data Processing Agreement and the Acceptable Use Policy.