Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you" or "User") and MACHFIVE LABS LLC ("MachFive," "we," "us," or "our") governing your access to and use of the MachFive website at machfive.io and our cold email sequence generation services (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our Services.

You must be at least 18 years of age to use our Services. By using our Services, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms.

2. Description of Services

MachFive is an AI-powered platform that generates personalized cold email sequences for your leads. Our Services include:

• Campaign creation tools that analyze your business, offers, and target audiences
• AI-powered generation of unique email sequences for each lead you upload
• Export functionality to download your leads with personalized email sequences
• Additional features as described on our website

We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time without prior notice.

3. Account Registration

To use our Services, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Keep your password secure and confidential
• 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 your account if any information provided proves to be inaccurate, false, or incomplete.

4. Subscription Plans and Payments

4.1 Subscription Plans

We offer various subscription plans with different features and usage limits as described on our pricing page. By selecting a paid subscription plan, you agree to pay the applicable fees.

4.2 Billing

• Monthly Plans: Billed monthly on the anniversary of your subscription start date.
• Annual Plans: Billed annually on the anniversary of your subscription start date.
• All fees are charged in U.S. dollars unless otherwise specified.
• Fees are non-refundable except as expressly set forth in these Terms.

4.3 Payment Processing

Payment processing is handled by Stripe. By providing your payment information, you authorize us to charge your payment method for the fees associated with your selected plan. You agree to Stripe's terms of service at https://stripe.com/legal.

4.4 Price Changes

We may change our prices at any time. Price changes will take effect at the start of your next billing cycle. We will provide you with reasonable notice of any price changes.

4.5 Credits

Our Services operate on a credit-based system. 1 credit = 1 lead processed with a personalized email sequence. Credits are allocated monthly based on your subscription plan. For paid plans, unused credits roll over to the next month but expire if not used within that rollover period.

5. Cancellation and Refunds

5.1 Cancellation

You may cancel your subscription at any time through your account settings or by contacting us at support@machfive.io. Cancellation will take effect at the end of your current billing period.

5.2 Refunds

• Prorated Refunds: If you cancel mid-billing cycle and request a refund, we will provide a prorated refund for the unused portion of your current billing period.
• 30-Day Satisfaction Guarantee: New users are eligible for a full refund within 30 days of their initial paid subscription if they are not satisfied with the Services.
• Credits Used: No refunds will be issued for credits already consumed.
• Annual Plans: Annual plans that are cancelled after 30 days are not eligible for refunds except as prorated above.

5.3 Pause

You may pause your subscription for up to 3 months. During the pause period, you will not be charged, and your account and settings will be preserved.

6. Acceptable Use

You agree not to use our Services to:

• Violate any applicable laws, regulations, or third-party rights
• Send unsolicited commercial messages (spam) in violation of applicable laws, including CAN-SPAM, GDPR, or similar regulations
• Upload or process lead data that you do not have the right to use
• Transmit malware, viruses, or other harmful code
• Attempt to gain unauthorized access to our systems or other users' accounts
• Interfere with or disrupt the integrity or performance of our Services
• Engage in any activity that could damage, disable, or impair our Services
• Use our Services for any illegal, fraudulent, or harmful purpose
• Reverse engineer, decompile, or attempt to extract the source code of our Services
• Resell or redistribute our Services without our prior written consent (except as permitted under whitelabel agreements)

We reserve the right to suspend or terminate your access to our Services if you violate these acceptable use provisions.

7. User Content and Data

7.1 Your Content

You retain ownership of all content and data you upload to our Services, including business information, lead data, and any other materials ("User Content"). By uploading User Content, you grant us a non-exclusive, worldwide, royalty-free license to use, process, and store your User Content solely for the purpose of providing our Services to you.

7.2 Lead Data

You represent and warrant that:

• You have the right to use and upload the lead data you provide
• Your use of the lead data complies with all applicable laws and regulations
• You will use the email sequences generated by our Services in compliance with applicable email marketing laws, including CAN-SPAM, GDPR, and similar regulations

We are not responsible for ensuring your compliance with email marketing laws. You are solely responsible for how you use the email sequences generated by our Services.

7.3 Generated Content

The email sequences generated by our Services based on your User Content are considered derivative works. You own the generated email sequences and may use them for your business purposes. We retain no ownership rights in the generated sequences specific to your leads and business.

8. Intellectual Property

8.1 Our Intellectual Property

Our Services, including all software, algorithms, designs, text, graphics, logos, and other materials, are owned by MachFive or our licensors and are protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works based on our Services except as expressly permitted in these Terms.

8.2 Feedback

If you provide us with feedback, suggestions, or ideas about our Services, you grant us the right to use such feedback without restriction or compensation to you.

9. Third-Party Services

Our Services may integrate with or link to third-party services, including:

• Payment processing (Stripe)
• Email sending platforms (Instantly, Smartlead, Lemlist, etc.)
• AI providers (OpenAI, xAI)

Your use of third-party services is subject to their respective terms of service and privacy policies. We are not responsible for the practices or content of third-party services.

10. Disclaimers

10.1 "As Is" Basis

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

10.2 No Guarantee of Results

WE DO NOT GUARANTEE ANY SPECIFIC RESULTS FROM USING OUR SERVICES. EMAIL DELIVERABILITY, OPEN RATES, REPLY RATES, AND OTHER METRICS DEPEND ON MANY FACTORS OUTSIDE OUR CONTROL, INCLUDING YOUR SENDING INFRASTRUCTURE, DOMAIN REPUTATION, TARGET AUDIENCE, OFFER, AND COMPLIANCE WITH BEST PRACTICES.

10.3 Service Availability

WE DO NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. WE ARE NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM LIMITATIONS OF OUR SERVICES.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MACHFIVE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OUR SERVICES.

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

12. Indemnification

You agree to indemnify, defend, and hold harmless MachFive and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in connection with:

• Your use of our Services
• Your User Content
• Your violation of these Terms
• Your violation of any applicable laws or third-party rights
• Your email campaigns and outreach activities

13. Termination

13.1 Termination by You

You may terminate your account at any time by canceling your subscription and deleting your account through your account settings or by contacting us at support@machfive.io.

13.2 Termination by Us

We may suspend or terminate your access to our Services at any time, with or without cause, and with or without notice. Reasons for termination may include, but are not limited to:

• Violation of these Terms
• Fraudulent, abusive, or illegal activity
• Non-payment of fees
• Extended period of inactivity

13.3 Effect of Termination

Upon termination:

• Your right to access and use our Services will immediately cease
• We may delete your account and User Content
• Provisions of these Terms that by their nature should survive termination will survive, including intellectual property provisions, disclaimers, limitations of liability, and indemnification

14. Dispute Resolution

14.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict of law provisions.

14.2 Informal Resolution

Before filing a formal legal claim, you agree to contact us at support@machfive.io to attempt to resolve any dispute informally. We will attempt to resolve the dispute within 30 days.

14.3 Jurisdiction

Any disputes arising out of or relating to these Terms or our Services that cannot be resolved informally shall be resolved exclusively in the state or federal courts located in Orange County, Florida. You consent to the personal jurisdiction of such courts.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and MachFive regarding your use of our Services.

15.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

15.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

15.4 Assignment

You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. We may assign or transfer these Terms without restriction.

15.5 Modifications

We may modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of our Services after any changes indicates your acceptance of the modified Terms.

15.6 Notices

We may provide notices to you via email to the address associated with your account or by posting on our website. You may provide notices to us at support@machfive.io.

16. Contact Us

If you have any questions about these Terms, please contact us at: