These Terms of Service ("Terms") form a binding agreement between you ("you", "your", "Customer", or "User") and [LEGAL ENTITY NAME], a société par actions simplifiée (SAS) organized under the laws of France, with share capital of [AMOUNT] euros, registered with the [Paris] Trade and Companies Register (RCS) under number [RCS NUMBER], having its registered office at C/O Dilytics, Chemin de Louis-Hubert 2, 1213 Petit-Lancy, Switzerland ("BeReach", "we", "us", or "our").
These Terms govern your access to and use of the BeReach website at bereach.ai (the "Site"), the BeReach browser extension, the BeReach REST API, the BeReach AI agent, the free tools, and any related software, applications, and documentation (together, the "Services").
By creating an account, installing the extension, calling the API, or otherwise accessing or using the Services, you agree to these Terms. If you do not agree, do not use the Services. If you use the Services on behalf of a company or other legal entity, you represent that you have authority to bind that entity, and "you" refers to that entity.
1. No affiliation with LinkedIn or other platforms
BeReach is an independent product. BeReach is not affiliated with, endorsed by, sponsored by, or in any way officially connected to LinkedIn Corporation, Microsoft Corporation, or any of their subsidiaries or affiliates. "LinkedIn", the LinkedIn logo, the "in" logo, and all related names, marks, and logos are trademarks of LinkedIn Corporation, registered in the United States and other countries. All other product names, logos, and brands referenced through the Services are the property of their respective owners and are used for identification and descriptive purposes only. Such use does not imply any endorsement, partnership, or affiliation.
Nothing in the Services should be interpreted as an official LinkedIn integration or as authorized access to any third-party platform.
2. Definitions
"Account" means the account you create to access the Services.
"Third-Party Platform" means any external service, website, network, or application that you connect to, access, or interact with through the Services, including but not limited to LinkedIn, customer relationship management tools, and automation tools.
"Third-Party Platform Terms" means the terms of service, user agreements, acceptable use policies, API terms, and any other rules published by a Third-Party Platform.
"User Content" means any data, text, lists, messages, prospect information, credentials, configurations, or other material that you submit to, upload to, generate through, or process using the Services.
"Credits" means the consumable units used to access certain features of the Services, as described on the Site.
"Software" means the BeReach browser extension, API, AI agent, scripts, and any other software we make available as part of the Services.
3. Description of the Services
BeReach provides software that helps you organize, schedule, and automate professional outreach and lead generation workflows, and that lets you connect such workflows to Third-Party Platforms and to your own tools through an API, integrations, and an AI agent. The specific features available depend on your plan and the Credits available on your Account.
The Services are general-purpose tools. You decide which Third-Party Platforms to connect, which actions to configure, which messages to send, and which data to collect or process. We do not control, direct, or supervise how you use the Services.
We may add, modify, suspend, or discontinue any feature of the Services at any time. If we discontinue a paid feature in its entirety, we will, where required, provide a pro rata refund of prepaid and unused fees for that feature.
4. Your responsibility for Third-Party Platform compliance
This Section is essential. Read it carefully.
4.1 You are solely responsible for your use of Third-Party Platforms. You are solely responsible for ensuring that your use of the Services, and any activity you carry out through the Services on any Third-Party Platform, complies with all applicable Third-Party Platform Terms, as well as all applicable laws and regulations, including data protection and anti-spam laws.
4.2 We do not grant any rights over Third-Party Platforms. We do not represent that your intended use of any Third-Party Platform through the Services is permitted by that platform. Many platforms restrict or prohibit automated access, automated messaging, and data extraction. It is your responsibility to review the applicable Third-Party Platform Terms and to determine whether and how you may lawfully use the Services in connection with them.
4.3 Assumption of risk. You acknowledge that connecting to and interacting with a Third-Party Platform through automated or third-party tools may result in that platform issuing warnings, applying rate limits, restricting features, suspending, or permanently terminating your account on that platform, and that such outcomes are outside our control. You use the Services in connection with any Third-Party Platform at your own risk. We are not responsible for, and you release us from any liability arising out of, any warning, restriction, suspension, ban, loss of access, loss of data, or loss of contacts imposed by any Third-Party Platform.
4.4 No circumvention claims. We make no claim, representation, or warranty that any "warm-up", "rate limiting", "pacing", "proxy", or similar feature will prevent any Third-Party Platform from detecting, restricting, or terminating your account. Any such feature is provided on an "as is" basis without guarantee of any result.
4.5 Your own credentials and access. Where the Services use your existing session or credentials on a Third-Party Platform, you confirm that you are the legitimate account holder, that you are authorized to use that account for the purposes you configure, and that you are solely responsible for keeping your credentials and session confidential. We are not liable for any consequence arising from the loss, theft, sharing, or unauthorized use of your Third-Party Platform credentials or session, except to the extent caused by our gross negligence or willful misconduct.
5. Eligibility and accounts
5.1 Eligibility. You must be at least 16 years old, or the age of digital consent in your country, to use the Services. The Services are intended for professional and business use, not for consumers acting outside their trade or profession.
5.2 Account responsibility. You are responsible for all activity that occurs under your Account. You must provide accurate registration information and keep it up to date. You must not share your Account credentials, allow others to use your Account (other than an authorized administrator you designate), or use another person's Account. Notify us immediately if you become aware of any unauthorized use of your Account.
5.3 Account administrators. If your Account is managed by an administrator (for example, within an organization or agency), that administrator may access, manage, and control your use of the Services and your User Content.
6. Acceptable use
You agree not to, and not to allow any third party to:
(a) use the Services in violation of any applicable law, regulation, or Third-Party Platform Terms;
(b) use the Services to send unlawful, deceptive, harassing, defamatory, or unsolicited bulk communications in violation of applicable anti-spam or marketing laws;
(c) process personal data through the Services without a valid legal basis, or in violation of applicable data protection law;
(d) resell, sublicense, rent, lease, or otherwise commercially exploit the Services except as expressly permitted by your plan;
(e) copy, modify, reverse engineer, decompile, or attempt to derive the source code of the Software, except to the extent this restriction is prohibited by applicable law;
(f) access the Services by any means other than the interfaces and credentials we provide, or circumvent any access, usage, or security limitation of the Services;
(g) interfere with, disrupt, overload, or attempt to gain unauthorized access to the Services or our systems;
(h) use the Services to build a competing product or to benchmark the Services without our prior written consent;
(i) infringe the intellectual property rights, privacy rights, or other rights of any third party.
We may investigate and take appropriate action, including suspension or termination, against any suspected violation of this Section.
7. User Content and data
7.1 Ownership. You retain all rights to your User Content. We do not claim ownership of your User Content.
7.2 License to operate the Services. You grant us a limited, non-exclusive, worldwide, royalty-free license to host, store, process, transmit, and display your User Content solely to the extent necessary to provide, maintain, secure, and improve the Services and to comply with law.
7.3 Our limited access. We will access your User Content only as needed to (a) respond to support requests, (b) detect, prevent, or address fraud, security, abuse, technical, or legal issues, (c) operate and improve the Services, or (d) comply with law or enforce these Terms.
7.4 Data protection. Our processing of personal data is described in our Privacy Policy, which forms part of these Terms. Where you use the Services to process personal data of third parties (for example, prospect data), you act as the data controller and we act as your processor. In that case, our Data Processing Agreement governs that processing. You are responsible for having a valid legal basis for that processing, for honoring data subject rights, and for providing all required notices.
7.5 Your responsibility for User Content. You are solely responsible for your User Content, including its legality and for your right to collect, upload, and process it.
8. Fees, Credits, billing, and refunds
8.1 Plans and Credits. Current plans, prices, and Credit allocations are published on our pricing page. Certain features consume Credits. Unused Credits expire as described on the Site or in your plan.
8.2 Free tier and trials. We may offer a free tier or free trial. Free offers are for new or eligible users only, may be limited in capacity or duration, and may be modified or withdrawn at any time. If a trial converts to a paid plan, you authorize us to charge your payment method when the trial ends unless you cancel before then.
8.3 Billing and renewal. Paid plans are billed in advance on a recurring basis (monthly, quarterly, or yearly, as selected) and renew automatically until cancelled. You authorize us and our payment provider to charge your payment method for all applicable fees and taxes.
8.4 Taxes and third-party charges. Fees are exclusive of taxes, which you are responsible for. You are also responsible for third-party charges such as card fees, currency conversion fees, and bank fees.
8.5 Cancellation. You may cancel at any time from your Account. Cancellation takes effect at the end of the current billing period. Cancellation stops future renewals but does not cancel charges already incurred.
8.6 Refunds. Except where required by mandatory law, fees are non-refundable, including Credits already purchased or consumed. Where we issue a discretionary refund, it may be prorated based on usage. See our Refund Policy for details.
8.7 Price changes. We may change prices. We will give you at least 30 days' notice of changes that affect your recurring fees, by email or through the Site. If you do not accept the new price, you may cancel before it takes effect.
8.8 Late payment and suspension. We may suspend or limit your access if payment fails or is overdue, and you remain liable for amounts due plus reasonable collection costs.
9. Intellectual property
9.1 Our IP. We and our licensors own all rights, title, and interest in and to the Services, the Software, the BeReach name and logo, and all related intellectual property. Except for the limited license granted in these Terms, no rights are granted to you.
9.2 License to you. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business purposes during the term of your subscription.
9.3 Feedback. If you give us feedback or suggestions, you grant us a perpetual, irrevocable, royalty-free license to use it without restriction or obligation to you.
9.4 Third-party trademarks. All third-party names, marks, and logos referenced through the Services, including those of LinkedIn Corporation, belong to their respective owners and are used only for descriptive and identification purposes. See Section 1.
10. Indemnification
You will defend, indemnify, and hold harmless BeReach and its affiliates, officers, directors, employees, agents, and licensors from and against any claim, demand, loss, liability, damage, cost, or expense, including reasonable legal fees, arising out of or related to:
(a) your User Content;
(b) your use of the Services;
(c) your use of, access to, or activity on any Third-Party Platform, including any claim by a Third-Party Platform;
(d) your violation of these Terms, of any applicable law, or of any Third-Party Platform Terms; or
(e) your infringement or alleged infringement of any third party's rights, including intellectual property and privacy rights.
11. Disclaimer of warranties
To the maximum extent permitted by law, the Services and Software are provided "as is" and "as available", with all faults and without warranty of any kind. We disclaim all warranties, express, implied, statutory, or otherwise, including any implied warranties of merchantability, fitness for a particular purpose, title, accuracy, and non-infringement.
Without limiting the above, we do not warrant that (a) the Services will meet your requirements, (b) the Services will be uninterrupted, timely, secure, or error-free, (c) any result obtained from the Services, including any lead, acceptance rate, reply rate, or deliverability outcome, will be accurate, reliable, or achieved, or (d) any defect will be corrected. Any figures, benchmarks, or results shown on the Site are illustrative and not guaranteed.
You acknowledge in particular that we do not warrant any outcome on any Third-Party Platform and do not warrant that your account on any Third-Party Platform will remain active. See Section 4.
12. Limitation of liability
To the maximum extent permitted by law:
12.1 Excluded damages. We will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, business, or anticipated savings, whether or not foreseeable and under any theory of liability, arising out of or related to the Services.
12.2 Liability cap. Our total aggregate liability arising out of or related to these Terms or the Services will not exceed the greater of (a) one hundred (100) euros or (b) the total amount you actually paid to us for the Services during the three (3) months immediately preceding the event giving rise to the liability.
12.3 Exceptions. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for death or personal injury caused by negligence, for fraud, or for gross negligence or willful misconduct.
13. Suspension and termination
13.1 By you. You may stop using the Services and close your Account at any time, subject to Section 8.5 on billing.
13.2 By us. We may suspend or terminate your access to the Services, in whole or in part, with or without notice, if (a) you breach these Terms or appear unable or unwilling to comply, (b) you fail to pay fees when due, (c) we are required to do so by law, (d) a Third-Party Platform requires it or your use creates risk for us, or (e) we discontinue the Services. Where we terminate without cause, we will make reasonable efforts to give you at least 30 days' notice.
13.3 Effect of termination. On termination, your license to use the Services ends and the Software may cease to operate. Sections that by their nature should survive will survive, including Sections 1, 4, 7.5, 9, 10, 11, 12, 14, and 15.
14. Governing law and dispute resolution
14.1 Governing law. These Terms and any dispute arising out of or related to them or the Services are governed by the laws of France, without regard to conflict of law rules.
14.2 Amicable resolution. Before bringing any claim, you agree to first contact us and attempt to resolve the dispute informally within 30 days.
14.3 Jurisdiction. Subject to any mandatory consumer protection rules that may apply, any dispute that cannot be resolved informally will be submitted to the exclusive jurisdiction of the competent courts of Paris, France.
14.4 Injunctive relief. Nothing prevents us from seeking injunctive or other urgent relief in any competent jurisdiction in the event of actual or threatened unauthorized use of the Services or infringement of our intellectual property.
15. Miscellaneous
15.1 Modifications to these Terms. We may modify these Terms to reflect changes in law or in the Services. We will post the updated Terms on this page and update the "Last updated" date, and where the changes are material we will provide reasonable notice. Your continued use of the Services after the changes take effect constitutes acceptance.
15.2 Entire agreement. These Terms, together with the Privacy Policy and any order form, are the entire agreement between you and us regarding the Services and supersede any prior agreements. If you have signed a separate written agreement with us, that agreement controls where it conflicts with these Terms.
15.3 Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of assets.
15.4 Severability. If any provision is held unenforceable, the remaining provisions remain in full force, and the unenforceable provision will be replaced by an enforceable one that most closely reflects its intent.
15.5 No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.
15.6 Force majeure. We are not liable for any failure or delay caused by events beyond our reasonable control.
15.7 Language. These Terms are drafted in English. If we provide a translation, the English version controls in case of conflict, except where mandatory local law requires otherwise.
15.8 Notices. We may send notices to you by email, through the Site, or within the Services. You may send notices to us at the address and email below.
16. Contact
[LEGAL ENTITY NAME]
C/O Dilytics
Chemin de Louis-Hubert 2
1213 Petit-Lancy
Switzerland
Email: [LEGAL/CONTACT EMAIL]
RCS [CITY] [RCS NUMBER]