Terms of Service

Welcome to ReachSmart. These Terms of Service ("Terms") govern your access to and use of the entire ReachSmart ecosystem, including but not limited to ReachSmart.ai, ReachSmart Intel, ReachSmart Outbound, ReachSmart Inbound, and all associated affiliate sites and subdomains (collectively, the "Services") provided by Black Solutions Group dba ReachSmart.ai ("we", "us", "our", or "ReachSmart").

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 the Services.

1. Description of Services

ReachSmart provides a suite of AI-powered business tools, which include but are not limited to:

• ReachSmart.ai: The central hub and core ecosystem infrastructure.
• ReachSmart Outbound: An autonomous AI sales engine for lead engagement and email outreach.
• ReachSmart Inbound: AI-powered customer service agents and response handlers.
• ReachSmart Intel: A global intent database and B2B lead-sourcing platform.

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

2. Account Registration and Security

To use the Services, you must register for an account. You agree to:

• Provide accurate, current, and complete information during registration.
• Maintain the security and confidentiality of your password and account credentials.
• Accept full responsibility for all activities that occur under your account.
• Promptly notify us of any unauthorized use of your account or any other breach of security.

3. License and Restrictions on Data Use

ReachSmart.ai grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the B2B contact data, intent signals, and related information provided through the Services (the "Data") solely for your internal business purposes and direct sales outreach.

You explicitly agree that you WILL NOT:

• Sell, resell, lease, license, or sublicense the Data.
• Share, distribute, or transfer the Data to any third-party businesses, agencies, individuals, or external databases.
• Create a competing product, data brokerage, or directory using ReachSmart.ai Data or infrastructure.
• Publish the Data publicly on any website or public forum.
• Use the Data to build a shared lead pool or syndicate leads across multiple separate business entities.

Any violation of these restrictions will result in immediate account termination without a refund and potential legal action for damages.

4. User Representations, Warranties, and Acceptable Use

We provide contact data and automated outreach tools. You are solely responsible for the content of your communications and how you utilize the Services. Under the law, you are the "Sender" of all communications initiated through ReachSmart.

You represent, warrant, and agree that:

• You will use the Services in strict compliance with all applicable local, state, national, and international laws, including but not limited to the CAN-SPAM Act, GDPR, CCPA, TCPA, and CASL.
• You possess all necessary rights, permissions, and legal bases to contact the individuals and process the data you input into the system.
• You will not send deceptive, fraudulent, or malicious communications (e.g., phishing, spoofing).
• You will provide accurate opt-out mechanisms and promptly honor all unsubscribe requests.
• You will not harass, threaten, or abuse any individual or organization.

5. Artificial Intelligence (AI) Disclaimer

ReachSmart utilizes advanced Artificial Intelligence (AI) models to generate text, manage communications, and provide data insights.

• Accuracy: While we strive for high performance, AI models can occasionally produce inaccurate, inappropriate, or unintended outputs ("hallucinations"). You are solely responsible for reviewing and verifying AI-generated content before it is delivered to your clients or prospects.
• Liability: ReachSmart acts solely as a technological conduit. We are not liable for any damages, lost revenue, contract disputes, or reputational harm resulting from communications generated by our AI agents on your behalf.

6. Third-Party Integrations and Provider Limits

Our Services interact with third-party platforms and API providers (e.g., Google Workspace, Microsoft 365, CRMs, email service providers). You acknowledge and agree that ReachSmart is not responsible for the policies, API changes, deliverability rules, or suspension of your accounts by these third-party providers.

If a third-party provider limits, suspends, or terminates your email or data access due to your usage patterns or outreach volume, ReachSmart bears no liability, and you are not entitled to a refund.

7. Disclaimer of Data Accuracy and Warranties

Black Solutions Group dba ReachSmart.ai aggregates public records, digital signals, and third-party data. Because business information changes rapidly, we do not guarantee the accuracy, completeness, timeliness, or deliverability of any Data provided.

The Services and Data are provided strictly on an "AS IS" and "AS AVAILABLE" basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

8. Fees, Payments, and Subscriptions

• Subscription Fees: The Services are billed on a subscription or pay-per-lead volume basis. You authorize us to charge your provided payment method automatically based on your selected usage plan.
• No Refunds: Due to the nature of unrestricted digital data access and computational AI costs, all sales are final. We do not offer prorated refunds for canceled subscriptions.
• Cancellations: You may cancel your subscription at any time through your respective platform dashboard to stop future billing.

9. Intellectual Property, Feedback, and Publicity

All software, design, text, graphics, logos, and AI architecture provided through ReachSmart.ai and affiliate sites are the intellectual property of Black Solutions Group and are protected by copyright and trademark laws.

• Your Data: You retain all ownership rights to the specific customer data, prompts, and templates you input. By using the Services, you grant ReachSmart a limited, worldwide, non-exclusive license to process, store, and use this data solely for the purpose of operating, maintaining, and improving the Services.
• Publicity: By using the Services, you grant us a non-exclusive, royalty-free license to use your company name and logo in our marketing materials, customer lists, and website. You may opt out of this at any time by emailing growth@reachsmart.ai.
• Feedback: Any suggestions or feedback you provide regarding the Services are voluntary. We shall be free to use and incorporate such feedback into our Services without obligation or compensation to you.

10. Confidentiality

"Confidential Information" means any non-public business, technical, or financial information disclosed by one party to the other. Both parties agree to take reasonable measures to protect the other party's Confidential Information and to use it strictly for the purposes of fulfilling obligations under these Terms. This does not apply to information that becomes publicly known through no fault of the receiving party.

11. Limitation of Liability

IN NO EVENT SHALL BLACK SOLUTIONS GROUP DBA REACHSMART.AI, ITS DIRECTORS, EMPLOYEES, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, 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 THE SERVICES.

IN NO EVENT SHALL REACHSMART'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS EXCEED THE TOTAL AMOUNT PAID BY YOU TO REACHSMART FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

12. Indemnification

You agree to defend, indemnify, and hold harmless Black Solutions Group and its affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with your access to or use of the Services, your violation of these Terms, or your violation of any applicable laws (including anti-spam and privacy regulations).

13. Privacy and Data Processing

Your privacy is important to us. Our collection and use of personal information is described in our Privacy Policy. To the extent ReachSmart processes any personal data subject to the GDPR or CCPA on your behalf, you acknowledge that you are the Data Controller (or Business) and ReachSmart acts solely as a Data Processor (or Service Provider).

14. General Provisions

• Force Majeure: ReachSmart shall not be liable for any failure or delay due to causes beyond our reasonable control, including acts of God, war, strikes, cyber-attacks, server outages, or third-party API disruptions.
• Export Compliance: You agree to comply with all applicable U.S. export control laws. You represent that you are not located in an embargoed country or listed on any U.S. Government list of prohibited parties.
• Severability: If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.
• Entire Agreement: These Terms constitute the entire agreement between you and ReachSmart, superseding any prior agreements or prior communications (including verbal or email promises made by sales representatives).
• Survival: Sections pertaining to Intellectual Property, Indemnification, Limitation of Liability, and Dispute Resolution shall survive the termination of your account.

15. Governing Law, Arbitration, and Class Action Waiver

Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflict of law provisions.

Binding Arbitration: Any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be settled by binding arbitration, administered by the American Arbitration Association (AAA) in Marietta, Georgia, rather than in court.

Class Action Waiver: YOU AND REACHSMART AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.