Welcome to Out Nurture a brand of Marigold Marketing Solutions LLC. These Terms of Service ("Terms") govern your access to and use of our platform. By using Out Nurture, you agree to these Terms in full. If you do not agree, you may not use our services.
1. Introduction to Out Nurture
Out Nurture is a Software-as-a-Service (SaaS) platform designed to help real estate professionals nurture their existing leads with AI-powered, personalized, and automated messaging.
What Out Nurture Is:
- A tool for automating outreach to existing digital leads.
- A platform that uses AI to personalize communication based on best marketing practices.
What Out Nurture Is Not:
- Out Nurture is not a telemarketing service.
- Out Nurture does not gather leads or verify consent; this is the user's responsibility.
- Out Nurture is not responsible for guaranteeing business outcomes or compliance with laws.
2. User Eligibility
Out Nurture is designed for real estate professionals. By using our platform, you affirm that you are:
- A professional in the real estate industry.
- Legally capable of entering into this agreement.
- Responsible for adhering to all laws and regulations applicable to your business.
3. Account Setup and User Responsibilities
To use Out Nurture effectively, users must:
- Provide high-quality, organized digital lead information (e.g., CSV or Excel files).
- Ensure that leads provided have consented to be contacted.
- Understand that Out Nurture does not process paper leads or unorganized data.
Responsibility for Lead Data:
- Users are responsible for the accuracy and legality of the lead data they provide.
- If users supply a phone number of someone who has opted out of communication, Out Nurture is not liable.
- Out Nurture does not spam leads and adheres to ethical marketing practices.
4. Fees, Payments, and Billing
- Non-Refundable Fees: All fees are non-refundable, including subscription and account activation fees.
- Subscription Cancellation: Users can cancel their subscription at any time by emailing billing@outnurture.com. However, no prorated refunds will be issued for unused time in the current billing cycle.
- Payment Failures: If a payment fails, Out Nurture will immediately stop nurturing leads. Services will resume once payment is successfully processed.
5. Acceptable Use Policy
Out Nurture’s services must be used responsibly. By using our platform, you agree that:
- You will only provide leads that have explicitly consented to being contacted.
- Out Nurture assumes all provided leads have obtained prior consent from the user.
- Out Nurture’s AI-generated messages are not unethical, illegal, political, or otherwise inappropriate. However, users accept all risks associated with the use of AI-generated messages.
6. Termination of Service
- User Cancellation: Users can cancel their subscription at any time. Cancellation will prevent renewal but does not entitle users to a refund for the current billing cycle.
- Out Nurture’s Termination Rights: Out Nurture may terminate accounts immediately if users violate these Terms or engage in prohibited activities.
7. Intellectual Property
- Out Nurture’s Rights: All intellectual property related to the platform, including software, branding, and features, belongs to Out Nurture.
- User Data: Users retain full ownership of all data they provide, including lead lists and related information. Additionally, Out Nurture does not sell this data even after the user cancels their subscription.
8. Liability and Disclaimers
- No Guarantee of Business Outcomes: Out Nurture does not guarantee any specific results or business outcomes.
- Limitation of Liability: Out Nurture’s liability is limited to the total fees paid by the user in the past 12 months.
9. Governing Law
These Terms are governed by the laws of the State of California. Any disputes arising from these Terms will be resolved in California courts.
10. Changes to Terms
Out Nurture reserves the right to update these Terms at any time. Users will be notified of significant changes via email or platform notification. Continued use of the platform after updates constitutes acceptance of the revised Terms.
If you have questions about these Terms, please contact us at support@outnurture.com.