Explee's Terms of Use

These Terms of Use ("Terms") govern your access to and use of the Explee service ("Service"), a product of Explee LTD ("Explee", "we", "us", or "our"). The Service includes the Explee data platform (company and people search, enrichment, and exports) and the AI outreach agent (the "Agent"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.

Our Data Processing Agreement (explee.com/legal/dpa) forms part of these Terms.

Eligibility

You must be at least 18 and use the Service only for business purposes. If you accept these Terms for a company or other organisation, you confirm that you are authorised to bind it, and "you" means that organisation. By using the Service, you confirm that you meet these requirements.

Privacy

Your privacy is important to us. Please review our Privacy Policy, which explains how we collect, use, and protect your personal information.

User Conduct and Prohibited Content

You agree not to use the Service for any illegal activities, to infringe on the rights of others, or to distribute harmful or offensive content. Misuse of the Service may result in account suspension or termination, and you are responsible for any consequences arising from your actions while using the Service.

Without limiting the foregoing, you shall not provide to, instruct, or otherwise cause the Service or the Agent to create, process, store, or distribute any content that:

• Is illegal, fraudulent, defamatory, obscene, threatening, abusive, or otherwise unlawful under the laws of any jurisdiction where you or the recipients of your communications are located;
• Infringes upon or violates any intellectual property rights, trade secrets, privacy rights, or other proprietary rights of any third party;
• Contains malware, phishing links, deceptive URLs, or any material designed to defraud, mislead, or harm recipients;
• Promotes or facilitates violence, terrorism, hate speech, discrimination, or any activity prohibited by applicable law;
• Constitutes unsolicited bulk messaging (spam) in violation of applicable anti-spam legislation;
• Impersonates any person or entity, or falsely represents your affiliation with any person or entity.

You bear full and sole responsibility for all content you provide to the Service, all instructions you give to the Agent, and all communications the Agent generates or sends on your behalf. Explee shall not be liable for any claims, damages, fines, or penalties arising from prohibited, illegal, or otherwise unlawful content transmitted through the Service at your direction.

Data Protection and GDPR Compliance

The Agent performs outreach, prospecting and communication tasks on your behalf. You acknowledge and agree that, for the personal data you process using the Service, you are the controller (or a processor acting for your own controller) under the UK GDPR, the EU General Data Protection Regulation (EU) 2016/679 (together, "GDPR") and any other applicable data protection legislation.

By instructing the Agent to commence any task, including but not limited to initiating a search, launching a campaign, generating email drafts, or starting any automated outreach sequence, you expressly confirm that:

• You have a valid legal basis (such as legitimate interest or consent) for the processing of personal data involved in the Agent's operation;
• You have conducted any necessary assessments (including, where applicable, a Legitimate Interest Assessment or Data Protection Impact Assessment) prior to using the Service;
• You are responsible for ensuring that your use of the Service complies with GDPR, the Data Protection Act 2018, the Privacy and Electronic Communications Regulations 2003, the ePrivacy Directive 2002/58/EC and any other applicable data protection laws, without affecting Explee's obligations as processor under the Data Processing Agreement;
• You will honour all data subject rights requests (access, erasure, rectification, objection, portability) relating to personal data processed through the Service.

When the Auto-manage campaigns setting is on (the default), the Agent may create, target and launch campaigns within the budget you set without asking you each time. When the Reply automatically setting is on (the default), the Agent answers interested leads once the review window you set has passed. Leaving either setting on is your instruction, and the confirmations above apply to every campaign the Agent starts and every message it sends for you.

For Customer Personal Data (as defined in our Data Processing Agreement), Explee acts as your processor under that agreement.

Explee shall not be liable for any fines, penalties, claims, damages, or losses arising from your failure to comply with GDPR or any other data protection legislation in connection with your use of the Service.

Compliance with Advertising and Communication Laws

The Service may generate and/or send electronic communications, including emails, follow-ups, and other outreach messages, on your behalf. You acknowledge and agree that you are solely responsible for ensuring that all communications sent through or generated by the Service comply with applicable laws and regulations governing electronic communications, advertising, and marketing in:

• The jurisdictions in which you and your business operate;
• The jurisdictions in which the recipients of your communications are located.

This includes, but is not limited to, compliance with the CAN-SPAM Act (United States), the Privacy and Electronic Communications Regulations 2003 (United Kingdom), the ePrivacy Directive (European Union), the Canadian Anti-Spam Legislation (CASL), and any other applicable national or regional laws regulating unsolicited or commercial electronic communications.

By launching any outreach campaign or instructing the Agent to send or draft communications, you represent and warrant that you have obtained all necessary consents, licences, and authorisations required by applicable law, and that the content, frequency, and targeting of such communications are lawful.

Explee generates communications on your instructions and sends them for you, from mailboxes and domains that Explee operates or that you connect, under the sender names shown in your account; as between you and Explee, you are their sender and are responsible for their lawfulness. Explee shall not be liable for any fines, penalties, claims, damages, or losses arising from your failure to comply with applicable advertising, marketing, or communication laws.

Billing, Payments and Refunds

The Service offers subscription plans with included credits, pay-as-you-go usage for the Agent, and monthly Agent features. Current prices and credit rates are listed on our pricing page.

Subscriptions and credit packs

Explee offers monthly subscription plans for the data platform. Each plan renews automatically at the end of the billing period until you cancel. Each plan includes a monthly credit allowance; plan credits stay valid for two months from when they are added, then expire. On a paid plan you can also buy one-time credit packs; credits from one-time packs do not expire.

You can cancel your subscription at any time in the app or by emailing our support team. After cancellation you keep access to your plan and remaining credits until the end of the paid period, and you will not be charged again.

You can request a refund within the first 30 days of a subscription period by contacting support. Refunds are pro-rated based on unused days and unused credits. Free, bonus, and promotional credits have no cash value and are not refundable.

Pay-as-you-go usage (the Agent)

You can use the Agent without a subscription. To activate it, you save a payment method with our payment provider. We may grant welcome credits to new accounts; welcome credits have no cash value and are not refundable.

Usage is charged per email sent, at your account's per-email rate shown on your billing page. Usage can accrue as a postpaid balance up to a limit we set for your account. By saving a payment method and instructing the Agent to start work (for example, launching a campaign), you authorise Explee to charge your saved payment method off-session for accrued usage and the monthly fees of features you buy, including retrying failed charges.

We may change your per-email rate. Except when the change comes from your plan changing or ending, we will email the account owner at least 7 days before a new rate takes effect, and the new rate applies only to emails sent on or after that date. If you do not agree, you can pause sending or close your account before the change.

If we cannot collect an outstanding balance, we may pause sending and suspend your access to the Agent until the balance is settled.

Charges for accrued usage pay for services already delivered. Once collected, they are final and not refundable. Unused credits from one-time credit packs bought for pay-as-you-go use can be refunded on request.

Monthly Agent features

Some Agent features have a monthly fee: AutoGTM plans, mailbox and domain packages, and LinkedIn seats. After any free trial, each is billed monthly in advance to your saved payment method, off-session; we may charge a renewal up to 3 days before the period ends. Plans and mailbox and domain packages renew until you cancel them in the app or by emailing our support team, and you keep them until the end of the paid period. A LinkedIn seat renews until you disconnect its account in the app; it stops at once. Emails included in a plan expire at the end of its period. Prices are shown before you buy. Fees for a period that has started are not refundable, and the refund terms for subscription plans above do not apply to them.

Modifications and Termination

Explee may modify or suspend the Service, or suspend or terminate your access, at any time; we will give reasonable notice where we can. If we terminate your access other than for your breach of these Terms, we will refund fees you prepaid for the unused part of the period. You may close your account at any time. On termination, Customer Personal Data is returned and deleted as clause 11 of the Data Processing Agreement provides.

Disclaimer of Warranties

Except as expressly set out in these Terms and the Data Processing Agreement, Explee provides the Service "as is" and, to the extent permitted by law, excludes all implied warranties and conditions. Explee does not guarantee the accuracy, reliability or completeness of data, AI-generated content or results.

Promotional Use

By using the Service, you grant Explee a non-exclusive, royalty-free, worldwide licence to use your company name, logo, and general description of your use case in Explee's marketing and promotional materials, including but not limited to the Explee website, social media channels, case studies, and sales collateral. Explee will not disclose confidential business information, campaign content, or any other non-public details without your prior written consent.

If you prefer not to be featured, you may opt out at any time by contacting us at [email protected]. Upon receiving your request, we will remove your company name and logo from our promotional materials within a reasonable timeframe (typically within 30 days).

Emails from Explee

We email you about your account and the Service. Unless you opt out, we also email you about Explee products and services similar to those you use. You can opt out at any time, free of charge: reply "stop" to a personal email from our founder, use the unsubscribe link in our other emails, switch them off on the Notifications page in your account menu, or email [email protected].

Changes to the Terms

We may update these Terms. We will post the updated Terms on this page and tell the account owner about a material change by email or in the app. Changes take effect when posted unless we state a later date. If you keep using the Service after a change takes effect, you accept it; if you do not agree, stop using the Service and close your account.

Indemnification

You agree to indemnify, defend, and hold harmless Explee, its affiliates, and their respective officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising out of or in connection with your use of the Service, your violation of these Terms, or your infringement of any intellectual property or other rights of any third party.

Limitation of Liability

To the extent permitted by law, Explee's total aggregate liability for all claims arising out of or in connection with these Terms, the Data Processing Agreement or the Service, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall not exceed the greater of the fees you paid Explee in the 12 months before the event giving rise to the claim and £1,000, and this is the same single limit as in clause 14 of the Data Processing Agreement, not an additional one. Explee shall not be liable for any indirect, incidental, special, consequential or exemplary damages or loss of profit arising from the use of or inability to use the Service.

You will bring any claim arising out of or in connection with these Terms or the Service only against Explee LTD and not against any of its directors, officers or employees personally. Each of them may enforce this clause under the Contracts (Rights of Third Parties) Act 1999. This clause does not limit liability for fraud or any other liability that cannot be limited by law.

Force Majeure

Explee shall not be liable for any delay or failure to perform its obligations under these Terms due to circumstances beyond its reasonable control, such as natural disasters, acts of God, war, terrorism, labour disputes, or government actions.

Contact Us

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

Governing Law

These Terms and any dispute arising out of or in connection with them or the Service, including non-contractual disputes, are governed by the laws of England and Wales, and the courts of England and Wales have exclusive jurisdiction.

Severability and Entire Agreement

If a court finds any provision of these Terms invalid or unenforceable, it will be given effect as far as possible in line with the parties' intentions, and the other provisions remain in full force. These Terms, including the Data Processing Agreement and any Order Form, are the entire agreement between you and Explee regarding the Service. You confirm that in accepting these Terms you have not relied on any statement, representation or assurance that is not set out in them, and you will have no remedy for any such statement; nothing in these Terms limits liability for fraud. If you and Explee have signed a separate agreement or order form for the Service (an "Order Form"), accepting these Terms does not replace it, and it prevails where it conflicts with these Terms, except as clause 15.1 of the Data Processing Agreement provides.

Miscellaneous

The relationship between the parties is that of independent contractors. The waiver of any provision of these Terms shall not be considered a waiver of any other provision or of Explee's right to require strict observance of each of the terms herein. You may not assign your rights and obligations under these Terms without the prior written consent of Explee. The headings used in these Terms are for reference purposes only and shall not affect the interpretation of the Terms. Except as the Limitation of Liability section provides for Explee's directors, officers and employees, no one other than you and Explee has any right to enforce these Terms under the Contracts (Rights of Third Parties) Act 1999, and we may vary or end these Terms without the consent of any third party.