These Customer Terms of Service (these "Terms") are entered into between you and We-Connect Systems LLC ("We-Connect," "we," "us," or "our") and govern your access to and use of the We-Connect subscription platform, applications, and features (the "Platform," which is the "Services" referred to in our Terms of Use).
These Terms govern your use of the Platform as a customer. Our Terms of Use govern general use of the we-connect.io website. In the event of any conflict between these Terms and the Terms of Use regarding the Platform, these Terms prevail. The processing of personal data is governed by our Privacy Policy and Data Processing Agreement. Your continued use of the Platform signifies your acceptance of this agreement.
1.The Platform
"Platform" (also the "Services") means the We-Connect omnichannel outreach automation platform, applications, and related services made available to you under this Agreement.
2.Eligibility
By agreeing to these Terms, you represent and warrant that: (i) you have not previously been suspended or removed from the Platform; (ii) your registration and use comply with all applicable laws and regulations; (iii) all registration information you submit is accurate and truthful; and (iv) you are at least 18 years old.
3.User accounts and registration
To access the Platform, you must register for an account and provide certain information about yourself, as described in our Privacy Policy. You agree to keep that information accurate and up to date, to maintain the confidentiality of your account and password, and to accept responsibility for all activities under your account. Notify us immediately if you believe your account is no longer secure.
4.Acceptance of agreement
This agreement becomes effective when you click "I Accept" or access the Platform. By doing so, you acknowledge that you have read and agree to these Terms, represent that you have the authority to enter into them (including on behalf of any entity you represent), and accept them on your own behalf or on behalf of that entity.
5.License
Upon your continuous compliance with these Terms, We-Connect grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Platform strictly in accordance with its intended purpose and all applicable laws.
6.License restrictions
You are prohibited from: (a) modifying, adapting, translating, or creating derivative works based on the Platform; (b) reverse engineering, decompiling, disassembling, or attempting to derive the source code of the Platform; (c) using the Platform for any illegal, unauthorized, or unethical activity; (d) sharing, transferring, or sublicensing your access to any third party; or (e) interfering with the security, integrity, or performance of the Platform. Any violation may result in suspension or termination of your license, and we reserve any other remedies available under law.
7.LinkedIn disclaimer
We-Connect operates independently and is not affiliated with or endorsed by LinkedIn. You are solely responsible for how you use We-Connect, including any actions taken with your LinkedIn account, and We-Connect is not liable for any consequences, including the suspension or banning of a LinkedIn account, resulting from your activities.
8.General disclaimer
Your use of the Platform is at your sole discretion and risk. While the Platform can be accessed globally, we cannot guarantee uninterrupted or error-free operation at all times. Where maintenance or updates may affect availability, we will make reasonable efforts to notify users in advance, except in emergencies.
9.Payment
All fees are in U.S. Dollars. By default, you will be charged to your valid payment method for the then-current billing period. You agree to keep your purchase and payment information current, and you authorize us to charge your payment provider for all amounts due. If your purchase is subject to recurring charges, you consent to our charging your payment method on a recurring basis without prior approval for each charge. To avoid renewal, cancel your subscription in the billing section of your We-Connect account, or notify us before the current subscription period ends.
10.Suspension of service
If we are unable to collect payment for an approved charge within the agreed terms, your access may be suspended or the account terminated.
11.Renewal
Your subscription automatically renews at the end of each subscription period unless you cancel. To avoid renewal, cancel your subscription in the billing section of your We-Connect account, or notify us before the current subscription period ends by emailing support@we-connect.io. By allowing your subscription to renew, you authorize us to charge the applicable monthly or annual fee and any associated taxes to your payment method on file.
12.Free trial
We provide new users with a 14-day free trial upon registration, and no credit card is required to start it. Once the trial ends, access is suspended unless you subscribe to one of our pricing plans by providing a valid payment method.
13.Refund
Except where required by law, paid subscription fees are non-refundable. If you are unsatisfied, please email support@we-connect.io. Purchased Credits are likewise non-refundable and have no cash value, except for the one-to-one Credit replacement for undeliverable Enriched Addresses described in the Credits and Email Enrichment section. Any such replacement is made in Credits only and not as a cash refund.
14.Credits and Email Enrichment
a) Credits. "Credits" are a prepaid, general-purpose unit used to access certain paid features of the Platform, including our email-finding feature ("Email Enrichment"). Credits are sold in the amounts and at the prices displayed at the time of purchase and are added to your account immediately. Consistent with the License section of these Terms, Credits constitute a limited right to use features and confer no ownership or other property interest. Credits have no cash value and are non-transferable. We-Connect may change Credit pricing at any time.
b) Purchase. Your confirmation of a Credit purchase authorizes We-Connect to charge your payment method for that purchase in accordance with the Payment section. Purchases of Credits are final and, except for the credit replacement described in paragraph (e), are non-refundable, in addition to the Refund section of these Terms.
c) Validity. Credits are valid for the lifetime of your We-Connect account and do not expire while your account remains open, whether or not you hold an active paid subscription. Credits expire and are forfeited upon closure of your account, whether closed by you or by We-Connect. If your account has no active paid subscription and is not accessed for twelve (12) consecutive months, We-Connect may treat the account as dormant and expire any remaining Credits, provided that We-Connect gives you notice and a reasonable opportunity to prevent expiry before doing so. If We-Connect terminates your account for a violation of these Terms as described in the Termination section, unused Credits may be forfeited without refund. This paragraph is subject to any non-waivable rights you have under applicable law.
d) Email Enrichment. Email Enrichment uses one or more third-party data providers to locate an email address (an "Enriched Address") for a contact. One (1) Credit is consumed only when a deliverable Enriched Address is returned. No Credit is consumed where no deliverable Enriched Address is found, where the contact already has an email address, or where a request fails.
e) No warranty; exclusive remedy. Enriched Addresses are compiled and supplied by third-party data providers. WE-CONNECT MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE ACCURACY, COMPLETENESS, DELIVERABILITY, CURRENCY, OR FITNESS FOR ANY PURPOSE OF ANY ENRICHED ADDRESS, OR THAT ANY ENRICHED ADDRESS IS ATTRIBUTABLE TO ANY IDENTIFIED PERSON, AND PROVIDES ALL ENRICHED ADDRESSES "AS IS" AND "AS AVAILABLE." This disclaimer is in addition to, and does not limit, the Disclaimer of Warranty and Limitation of Liability sections. If an Enriched Address for which a Credit was charged is determined to be undeliverable, whether by hard bounce on transmission through the Platform or by failure of address validation, We-Connect will credit your account with one (1) Credit for each such Enriched Address, provided the address is identified within thirty (30) days of the date the Credit was charged and subject to reasonable limits We-Connect may apply to prevent abuse. This credit replacement is your sole and exclusive remedy, and We-Connect's entire liability, with respect to the accuracy or deliverability of any Enriched Address.
f) Your responsibilities. You are solely responsible for your use of Enriched Addresses, including ensuring that you have a lawful basis and any consent required to contact each recipient under applicable law, and for compliance with our Email Usage Policy, Acceptable Use Policy, Privacy Policy, and GDPR terms. We-Connect is not responsible for the acts or omissions of third-party data providers.
15.Prohibited conduct
You agree not to, and not to permit any authorized user to: (a) use the Platform for any illegal purpose or in violation of any law; (b) harass, threaten, or harm another user; (c) violate any right of a third party, including intellectual property rights; (d) interfere with security features, including by reverse engineering the Platform; (e) disseminate malicious code, make unsolicited offers to other users, collect personal information about others without consent, or disrupt the Platform; or (f) perform any fraudulent activity, including impersonation or false affiliation. See our Acceptable Use Policy for more.
17.Intellectual property rights
The Platform, and all visual interfaces, graphics, design, code, software, and other elements provided by We-Connect (the "Materials"), are owned by We-Connect or its licensors and are protected by intellectual property laws. Except as expressly authorized, you may not use the Materials, and We-Connect reserves all rights not expressly granted.
You retain all right, title, and interest in the data you upload to or generate through the Platform, including your prospect data and campaign content ("Customer Data"). You grant We-Connect a limited, worldwide, non-exclusive license to host, store, process, and transmit Customer Data solely to provide and improve the Services and as you instruct. Our processing of any personal data within Customer Data is governed by our Data Processing Agreement. Rights in output generated by the Platform's AI features are addressed in our AI Terms.
18.Termination and discontinuation
These Terms are effective when you accept them or access the Platform, and continue until terminated. If you violate any provision of these Terms, your permission to use the Platform terminates automatically, and We-Connect is not obligated to refund any fees paid. We may also suspend your access at any time if we suspect a violation. We may modify or discontinue the Platform or any feature; where we discontinue a material feature, we will provide reasonable advance notice except in emergencies, consistent with Section 8. You may terminate your account at any time and will remain responsible for fees incurred before termination.
Following termination, you may export your Customer Data during any wind-down period we make available, and We-Connect will return or delete personal data in accordance with our Data Processing Agreement and applicable data-protection law. Except as required by those obligations, We-Connect has no obligation to store or maintain your data after termination.
19.Cancellation
You may cancel your subscription at any time; however, no refunds are issued for prepaid or unused subscription fees, and any outstanding fees for the remainder of your current subscription term must be paid in full. To stop your subscription from renewing, cancel it in the billing section of your We-Connect account. The treatment of prepaid Credits upon cancellation is governed by the Credits and Email Enrichment section.
20.Modification of these Terms
We may change these Terms on a going-forward basis at any time. The "Last Updated" date at the top of this page indicates when these Terms were last revised. Where a change materially modifies your rights or obligations, you will be asked to accept the modified Terms in order to continue using the Platform. Immaterial modifications are effective upon publication.
21.Indemnity
Except to the extent prohibited by law, you will defend and indemnify We-Connect and its officers, managers, employees, affiliates, and agents from and against every third-party claim, and any related liability, damage, loss, and expense (including reasonable attorneys' fees), arising out of or connected with: (i) your misuse of the Platform; (ii) your violation of these Terms or any applicable law; (iii) your violation of any third-party right; or (iv) any dispute between you and a third party. We may assume the exclusive defense of any such matter, and you agree to cooperate.
22.Disclaimer of warranty
The Platform is provided on an "as is" and "as available" basis, and your use is at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We-Connect is not produced, endorsed, or certified by LinkedIn; all LinkedIn logos and trademarks are the property of LinkedIn.
23.Limitation of liability
In no event will We-Connect, or its suppliers or licensors, be liable under any theory for any special, incidental, or consequential damages, the cost of substitute products or services, interruption of use, or loss or corruption of data, or for any amounts exceeding the fees paid by you to We-Connect during the twelve (12) month period prior to the cause of action. We-Connect has no liability for any failure or delay due to matters beyond its reasonable control. The foregoing does not apply to the extent prohibited by law.
24.Severability
If any provision of these Terms is held unlawful, void, or unenforceable, that provision is limited or eliminated to the minimum extent necessary, and the remaining provisions remain in full force and effect.
25.Force majeure
Neither party is liable for any delay or default in performance (other than a payment obligation) caused by acts of God, government restrictions, war, insurrection, pandemic, or any other cause beyond its reasonable control, provided the affected party gives prompt written notice.
26.Governing law
These Terms are governed by the laws of the State of Delaware, and any disputes are subject to the exclusive jurisdiction of the courts located in Delaware.
27.Miscellaneous
These Terms and any policies posted by us on the Platform constitute the entire agreement between you and us. Our failure to enforce any provision is not a waiver. We may assign our rights and obligations at any time. We are not liable for any loss or delay caused by matters beyond our reasonable control.
Notices
Questions or notices under these Terms should be sent to We-Connect Systems LLC at legal@we-connect.io, with a copy to support@we-connect.io for account matters.
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