Terms of Service

1. Description of Service

RepuFix is a data conditioning and analysis tool. The Service enables users to upload, clean, classify, score, verify, and simulate the behavior of contact lists and lead datasets for internal data quality purposes.

RepuFix is explicitly NOT any of the following:

• An email sending platform or email service provider (ESP)
• A campaign management system or marketing automation tool
• A compliance system, legal compliance service, or regulatory advisor
• A deliverability guarantee service or inbox placement tool
• A consent management platform or opt-in verification system
• A customer data platform (CDP) or CRM replacement

RepuFix does not send emails on your behalf, manage campaigns, manage unsubscribes, or interact with any email infrastructure. All output produced by the Service is for informational and data-quality purposes only.

2. Eligibility and Account Registration

You must be at least 18 years of age and have the legal capacity to enter into a binding contract to use the Service. By registering, you represent and warrant that you meet this requirement. If you are accessing the Service on behalf of a company, organization, or other legal entity, you represent that you have authority to bind that entity to these Terms.

You are responsible for maintaining the security and confidentiality of your account credentials. You agree to notify us immediately at legal@repufix.io if you suspect any unauthorized access to or use of your account. RepuFix is not liable for any loss or damage arising from your failure to protect your account credentials.

You may not share your account, allow third parties to use your credentials, or create multiple accounts to circumvent plan limits, credit restrictions, or suspension actions.

3. User Responsibilities and Compliance Obligations

You are solely and entirely responsible for:

• The legality of how your contact data was originally collected, including obtaining all required consents and permissions under applicable law
• Ensuring your use of cleaned or analyzed data complies with CAN-SPAM Act, CASL (Canadian Anti-Spam Legislation), GDPR (EU General Data Protection Regulation), CCPA (California Consumer Privacy Act), and all other applicable privacy, anti-spam, and data protection laws in the jurisdictions where your recipients are located
• Ensuring recipients have provided any legally required opt-in, express consent, or legitimate interest basis before you use any data output from this Service in any outreach campaign
• Your own outreach practices, email sending behavior, messaging content, frequency, suppression lists, and unsubscribe handling
• Any consequences resulting from outreach conducted using data processed through this Service, including but not limited to spam complaints, regulatory investigations, fines, or civil claims
• Verifying the accuracy of any data output produced by this Service before relying on it for any purpose

RepuFix does not review the content of your data for legal compliance, does not verify the consent status of contacts in your lists, and does not provide legal advice. Nothing in this Service constitutes legal guidance. You should consult qualified legal counsel regarding your specific compliance obligations.

4. Disclaimers and No-Guarantee Clause

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REPUFIX EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Without limiting the foregoing, RepuFix makes no guarantee or representation with respect to:

• Email inbox placement or deliverability rates for any contact or list segment
• Open rates, click-through rates, reply rates, or any engagement metric
• Revenue, pipeline, conversions, or any business performance outcome
• The accuracy, completeness, or currency of email verification results — email addresses that pass verification may still bounce; addresses that fail may still deliver
• The accuracy or reliability of lead scoring, risk scores, or classification outputs — these are statistical estimates based on available signals and are not deterministic
• Simulation results — all simulation outputs are projections based on historical patterns and statistical models, not predictions of future performance
• The removal of all invalid or harmful addresses from a cleaned list
• Compliance with any particular law or regulation as a result of using this Service

You acknowledge that data quality analysis involves inherent uncertainty and that outputs produced by RepuFix should be used as one input among many in your decision-making process, not as a sole or definitive basis for action.

5. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL REPUFIX, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, business, goodwill, data, or anticipated savings
• Damages arising from unauthorized access to or alteration of your transmissions or data
• Damages resulting from your reliance on any output, score, classification, or recommendation produced by the Service
• Regulatory fines, penalties, or enforcement actions arising from your data practices
• Third-party claims arising from your use of data processed through the Service

IN ALL CASES, REPUFIX'S AGGREGATE LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT YOU PAID TO REPUFIX IN THE TWELVE (12) CALENDAR MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Some jurisdictions do not allow the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above exclusions or limitations may not apply, and you may have additional rights. The limitations above will apply to the fullest extent permitted by applicable law.

6. Indemnification

You agree to defend, indemnify, and hold harmless RepuFix, its affiliates, directors, officers, employees, contractors, and agents (collectively, "RepuFix Parties") from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your violation of these Terms or any applicable law or regulation
• Your use of the Service in a manner not authorized by these Terms
• The data you upload, process, or export through the Service, including any claim that such data violates the rights of any third party or applicable law
• Your outreach campaigns or communications conducted using data processed by this Service
• Any claim by a regulator, government authority, or private party arising from your data collection, consent practices, or marketing activities
• Your infringement of any intellectual property, privacy, or other proprietary right of any person or entity
• Fraud, misrepresentation, or willful misconduct by you

RepuFix reserves the right to assume exclusive control of the defense of any matter subject to indemnification by you at your expense. You agree to cooperate with RepuFix's defense of any such claim. You may not settle any claim without RepuFix's prior written consent if the settlement imposes any obligation or liability on any RepuFix Party.

7. Prohibited Uses

You may not use the Service for any of the following purposes:

• Uploading or processing data that you do not have legal authority to access or use
• Processing data for the purpose of spamming, sending unsolicited commercial messages, or circumventing anti-spam laws
• Reverse engineering, decompiling, disassembling, or attempting to derive the source code, algorithms, or underlying methods of the Service
• Scraping, extracting, or systematically downloading data from the Service through automated means without prior written permission
• Attempting to gain unauthorized access to any part of the Service or its underlying infrastructure
• Using the Service to build a competing product or service, or benchmarking the Service for competitive intelligence without our consent
• Abusing, manipulating, or circumventing the credit system, including exploiting bugs, creating fake accounts, or attempting to generate credits fraudulently
• Uploading data containing personal health information (PHI), financial account numbers, government identification numbers, or other sensitive categories of data unless explicitly permitted under a separate written agreement
• Using the Service in any manner that violates the rights of any person or entity, including privacy rights, intellectual property rights, or contractual rights
• Reselling, sublicensing, or otherwise transferring access to the Service to third parties without our written consent

8. Credits, Plans, and Payments

Access to certain features of the Service requires credits. Credits are purchased through the Service's pricing plans and are subject to the terms described at the time of purchase. Credits are non-transferable, have no cash value, and may not be redeemed for cash except where required by applicable law.

All fees are due at the time of purchase and are non-refundable except as expressly stated in our Refund Policy or as required by applicable law. We reserve the right to modify pricing with reasonable notice. Continued use of the Service after a price change constitutes acceptance of the new pricing.

We reserve the right to suspend or terminate accounts found to be engaging in credit fraud, abuse of free tiers, or any attempt to circumvent usage limitations. Credits obtained through fraudulent means will be forfeited without refund.

9. Service Availability

We do not guarantee that the Service will be available at any particular time or that it will be uninterrupted, error-free, or secure. We may suspend, modify, or discontinue the Service or any part thereof at any time, with or without notice, for reasons including maintenance, security, compliance, or business decisions.

We are not liable for any loss or damage arising from downtime, data loss, latency, or service interruptions. You are responsible for maintaining your own backups of any data you upload to the Service.

10. Termination and Suspension

We reserve the right to suspend or terminate your account and access to the Service immediately and without prior notice if we determine, in our sole discretion, that:

• You have violated these Terms or our Acceptable Use Policy
• Your account has been used for fraudulent, abusive, or illegal activity
• We receive credible reports of misuse of data processed through the Service
• Continued provision of the Service creates legal, regulatory, or reputational risk for RepuFix
• You have engaged in credit fraud, abuse, or any attempt to circumvent payment obligations

You may terminate your account at any time through the account settings. Upon termination, your right to access the Service immediately ceases. We will delete your data in accordance with our Privacy Policy.

Sections that by their nature should survive termination will survive, including Sections 3, 4, 5, 6, 11, 12, and 13.

11. Intellectual Property

The Service, including its software, algorithms, interfaces, visual designs, brand marks, and documentation, is owned by RepuFix and protected by applicable intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Service solely for your own internal business purposes in accordance with these Terms.

You retain all ownership rights in the data you upload to the Service. You grant RepuFix a limited, non-exclusive license to process your data solely for the purpose of delivering the Service to you. We do not claim ownership over your data, do not sell your data to third parties, and do not use your data to train machine learning models.

You may not copy, reproduce, modify, distribute, transmit, display, perform, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from the Service without our prior written consent.

12. Dispute Resolution — Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Service ("Dispute") that cannot be resolved informally shall be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, or if you are a business, its Commercial Arbitration Rules. The arbitration will be conducted in English in the State of Delaware. The arbitrator's decision will be final and binding.

CLASS ACTION WAIVER: YOU AGREE THAT ANY ARBITRATION OR PROCEEDING SHALL BE LIMITED TO THE DISPUTE BETWEEN US INDIVIDUALLY. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING AGAINST REPUFIX.

Before initiating arbitration, you agree to first contact us at legal@repufix.io and provide a written description of the Dispute, your desired resolution, and your contact information. We will attempt to resolve the Dispute informally within 30 days. If we cannot resolve it within 30 days, either party may commence arbitration.

Notwithstanding the above, either party may seek emergency injunctive or other equitable relief in any court of competent jurisdiction to protect their intellectual property rights or confidential information pending resolution of a Dispute by arbitration.

13. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. For matters not subject to arbitration, you consent to the exclusive jurisdiction and venue of the state and federal courts located in Delaware.

If you are accessing the Service from outside the United States, you do so at your own initiative and are responsible for compliance with your local laws. These Terms do not waive any mandatory consumer protection rights you may have under the laws of your jurisdiction.

14. Force Majeure

RepuFix shall not be liable for any failure or delay in the performance of its obligations under these Terms to the extent caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemic, war, terrorism, government actions, civil unrest, strikes, internet or power infrastructure failures, denial-of-service attacks, or failures of third-party service providers. In such events, RepuFix will notify affected users as soon as reasonably practicable and will use commercially reasonable efforts to resume normal operations.

15. Third-Party Services and Subprocessors

The Service may integrate with or rely on third-party services to deliver certain functionality, including email verification APIs, payment processors, cloud hosting providers, and analytics tools. We reserve the right to add, replace, or remove subprocessors or third-party service providers with reasonable notice to users. An up-to-date list of our subprocessors is available in our Data Processing Agreement.

Links to third-party websites or services within the Service are provided for convenience only. We do not control, endorse, or accept responsibility for the content, privacy practices, or availability of any third-party site. Your interactions with third parties are governed solely by their terms and policies.

16. No Legal Advice

Nothing in the Service, its documentation, marketing materials, blog content, or any communication from RepuFix constitutes legal advice. The Service is a technical tool, not a legal compliance solution. We strongly recommend consulting a qualified attorney with expertise in data protection and anti-spam law before using data processed by this Service in any commercial outreach campaign.

17. Modifications to Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will notify you by email or by displaying a prominent notice in the Service at least 14 days before the changes take effect. Your continued use of the Service after the effective date of the updated Terms constitutes your acceptance of the revised Terms.

If you do not agree to the updated Terms, you must discontinue your use of the Service before the effective date of the changes. You may also close your account per the instructions in your account settings.

18. General Provisions

Entire Agreement: These Terms, together with our Privacy Policy, Acceptable Use Policy, Cookie Policy, Refund Policy, and any applicable Data Processing Agreement, constitute the entire agreement between you and RepuFix regarding the Service and supersede all prior agreements, representations, or understandings.

Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect. The invalid provision will be modified to the minimum extent necessary to make it enforceable.

Waiver: Our failure to enforce any right or provision of these Terms will not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative of RepuFix.

Assignment: You may not assign or transfer any rights or obligations under these Terms without our prior written consent. We may assign our rights under these Terms without restriction.

Notices: All legal notices to RepuFix must be sent in writing to legal@repufix.io. We may send notices to you at the email address associated with your account.