Terms of Use

1. Acceptance of Terms

By accessing or using Cockpit (the "Service"), you agree to be bound by these Terms of Use ("Terms"). If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms. If you do not agree, do not use the Service.

2. Eligibility

The Service is intended for business use only. You must be at least 18 years old and capable of forming a binding contract to use the Service. The Service is not directed to consumers or individuals acting outside a business capacity.

3. Account Registration

To use the Service, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain the security of your password and account credentials
• Promptly update your account information if it changes
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account

We reserve the right to suspend or terminate accounts that provide false or misleading information.

4. Subscriptions and Billing

The Service operates on a subscription basis with credit-based usage:

• Plans: The Service offers multiple subscription tiers (Starter, Growth, Scale) with different seat limits and credit allocations.
• Credits: Enrichment operations, AI features, and data lookups consume credits. Credit usage is deducted in real time.
• Payment: Subscriptions are processed through Stripe. You authorize us to charge your payment method on a recurring basis.
• Renewal: Subscriptions auto-renew at the end of each billing cycle unless canceled.
• Cancellation: You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing period. No partial refunds are provided for unused time or credits.
• Free trial: If offered, the free trial provides limited credits. At the end of the trial, your subscription begins unless you cancel beforehand.
• Price changes: We may change subscription prices with 30 days' advance notice. Price changes apply at your next renewal.

5. User-Generated Content

You retain ownership of all data, content, and materials you upload, create, or generate within the Service ("User Content"), including:

• Imported lead lists and spreadsheet data
• Column configurations and cell values
• Business context (ICP, offer, positioning, brand voice)
• AI-generated content produced on your behalf

You grant us a limited license to process, store, and display your User Content solely to provide the Service. We will not access, use, or share your User Content for any purpose other than delivering the Service to you.

6. AI Features

The Service includes AI-powered features such as enrichment research, content generation, and data analysis. You acknowledge and agree that:

• AI-generated content is provided for informational purposes and may contain inaccuracies. You are responsible for reviewing and verifying AI outputs before use.
• You own the AI-generated content produced through your use of the Service.
• We do not use your prompts, inputs, or AI outputs to train or improve AI models.
• You are solely responsible for ensuring that your use of AI features complies with applicable laws, including anti-spam regulations and data protection laws.

7. Acceptable Use

You agree not to use the Service to:

• Violate any applicable law, regulation, or third-party rights
• Send unsolicited bulk communications (spam) in violation of anti-spam laws (e.g., CAN-SPAM, GDPR, CASL)
• Upload or process personal data without a lawful basis for doing so
• Attempt to gain unauthorized access to the Service or other users' accounts
• Interfere with or disrupt the Service or its infrastructure
• Reverse engineer, decompile, or disassemble any part of the Service
• Use the Service to build a competing product or service
• Resell, sublicense, or redistribute the Service without our written consent
• Use automated tools (bots, scrapers) to access the Service except as part of intended integrations
• Exceed your subscription's credit limits or seat limits through circumvention

8. Third-Party Integrations

The Service integrates with third-party platforms (CRMs, enrichment providers, outbound tools) at your direction. Your use of these integrations is subject to the respective third party's terms and conditions. We are not responsible for the actions, content, or policies of third-party services. You authorize us to share data with these services solely as necessary to fulfill your requested operations.

9. Intellectual Property

The Service, including its design, code, features, and documentation, is owned by HOLLY AND STICK and protected by intellectual property laws. Nothing in these Terms grants you any right, title, or interest in the Service beyond the limited right to use it as permitted by your subscription.

10. Service Availability and SLA

We strive to maintain high availability but do not guarantee uninterrupted or error-free operation. We may perform maintenance, updates, or modifications that temporarily affect availability. We will provide reasonable advance notice for planned downtime. The Service is provided "as is" without warranties of any kind, except as expressly stated in these Terms.

11. Limitation of Liability

To the maximum extent permitted by law, HOLLY AND STICK shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, business opportunities, or goodwill, arising out of or related to your use of the Service. Our total aggregate liability shall not exceed the amount you paid for the Service in the twelve (12) months preceding the claim.

12. Indemnification

You agree to indemnify and hold harmless HOLLY AND STICK and its officers, directors, employees, and agents from any claims, losses, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to your use of the Service, your User Content, or your violation of these Terms.

13. Termination

We may suspend or terminate your access to the Service at any time if:

• You breach these Terms
• You fail to pay subscription fees
• We are required to do so by law
• We reasonably believe your use poses a security risk

Upon termination, your right to use the Service ceases immediately. You may request export of your data within 30 days of termination. After that period, your data will be deleted in accordance with our Privacy Policy.

14. Governing Law and Disputes

These Terms are governed by the laws of France. Any dispute arising from or related to these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of France. If you are a consumer resident in the EU, you may also be entitled to bring proceedings in the courts of your country of residence.

15. Changes to These Terms

We may revise these Terms at any time by updating this page. Material changes will be communicated through the Service or via email at least 30 days before they take effect. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms.

16. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

17. Contact

For questions about these Terms, please contact us through the support channels available within the Service.