Terms of Service

1. About these terms

These terms are an agreement between your business and MachFive Labs LLC ("MachFive," "we," or "us"), 501 SE 2nd St, Fort Lauderdale, FL 33301. They cover our websites, the MachFive app, our API, and related services (together, the "Service").

• Business use only. MachFive is for businesses. If you accept these terms for a company, you confirm you can bind it, and "you" means that company. You must be at least 18.
• What's included. These terms include our Anti-Spam Policy. Our Privacy Policy explains how we handle personal information.
• Order forms. If you sign an order form or other agreement with us, it becomes part of these terms and wins any conflict. If it says it replaces these terms, it does.
• Accepting. You accept these terms when you create an account, sign an order form, or use the Service. If you don't agree, don't use the Service.

2. Your account

You're responsible for your account and everything done in it.

• Accurate details. Give us accurate sign-up and billing information and keep it current.
• Your team. You can invite team members. Each person needs their own login, and you're responsible for what they do in your account.
• Security. Keep passwords and API keys private. If you think someone got into your account, tell us right away at the book a demo form.
• Agencies. If you run workspaces for clients, you're responsible for each workspace and for making sure your clients follow these terms. You confirm each client has agreed to these terms and to our use of its name, logo and lookalike domains (Section 6).
• One free account. Don't open more than one free account to get extra credits.

3. What MachFive does

MachFive helps you find leads, write cold emails, send them, and manage the replies.

• The platform. With MachFive you can:
  • find and verify leads, and research them
  • have AI write emails or build templates
  • send from managed inboxes or, where available, your own mailboxes
  • handle replies in one inbox and track deals in a CRM
  • see results and connect other tools through webhooks and our API
• Beta features. Features marked beta, preview or early access are offered as they are. They may change or stop, and our warranty in Section 13 doesn't apply to them.
• Changes. We improve MachFive often and may add, change or remove features. If we remove a major feature from a plan you pay for, we'll tell you at least 30 days ahead. If you have an order form, we won't materially reduce what it includes during its term.
• Availability. We work to keep MachFive running but don't promise it will never be interrupted. We may pause it for maintenance and will try to give notice of planned downtime.

4. Plans, credits and limits

Your plan sets your sending, credit and lead limits, as shown on our pricing page or your order form.

• What credits pay for. AI credits pay for AI work: writing emails and researching leads. Writing one lead's sequence (up to 4 emails) uses 3 credits, and default research adds 2. Credit costs can change, and current costs are on our pricing page or in the app.
• Plan credits. Paid plans add credits at the start of each billing period (monthly, or all at once on yearly plans). Unused plan credits roll over for one billing period, then expire.
• Extra credits. Credits you buy separately don't expire while your account is open.
• Free plan. The free plan includes 300 AI credits that reset every 30 days and don't roll over. We may change or end the free plan, and we may close free accounts that haven't been used for 12 months.
• No cash value. Credits can't be sold or transferred. Unused credits aren't refunded, except under the 30-day refund in Section 5, and they end when your account closes.
• Leads and verification. Finding leads and verifying emails don't use credits. Lead sourcing has daily and monthly limits on each plan. Uploading your own contacts is unlimited on every plan.
• Fair use. We may limit activity that harms MachFive or other customers, such as automated sign-ups or attempts to get around plan limits.

5. Billing, renewal and cancellation

Paid plans renew automatically until you cancel, and you can cancel anytime.

• Billing. We bill in advance, monthly or yearly, through Stripe. You authorize us to charge your payment method at each renewal. If you turn on on-demand credits, you also authorize charges for them at the price shown in the app.
• Renewal. Plans renew for the same period unless you cancel. Plans on an order form renew as the order form says.
• Cancelling. Cancel anytime from your billing settings or by emailing the book a demo form. You keep access until the end of the period you've paid for.
• Setup fees. Some managed-inbox plans have a one-time setup fee, shown on your order form or at checkout. It covers the domains, mailboxes and setup, which we order the day you pay.
• Refunds. If you're new to MachFive, you can get a full refund within 30 days of your first payment on a plan you bought in the app. Email the book a demo form to ask. Otherwise fees aren't refundable, including setup fees and managed-inbox plans, except as Sections 13 and 15 say or the law requires.
• Price changes. We'll give you at least 30 days' notice before a price change. It applies from your next renewal.
• Taxes. Prices don't include taxes. You pay any sales, use or similar taxes that apply.
• Late payments. If a payment fails, we'll tell you and retry. If it's still unpaid after 15 days, we may pause sending or suspend your account until it's paid.
• Discounts and referrals. Referral credits and other discounts follow the rules we give you when you join. They have no cash value, can't be transferred, can't take a bill below zero, and can't be combined unless we say so. Discounts you've already been given continue under the rules you joined on, unless you break those rules. If you post about MachFive in return for a discount or referral credit, say so clearly in the post.

6. Sending infrastructure

You can send from inboxes we manage or from your own mailboxes, and either way we don't guarantee where your emails land.

• Managed inboxes. On managed-inbox plans, we buy, set up, warm, monitor and replace the domains and mailboxes you send from. We own and control them, and you can use them while your plan is active. They aren't transferred to you when it ends.
• When a mailbox stops sending. When your plan ends, or when we bench or replace a mailbox, we stop sending from it. We keep it receiving opt-out replies for at least 30 days after its last email and pass those opt-outs to you. We never use your lookalike domains for anyone else.
• Your brand. Managed sending domains are variations of your business name that forward to your website. We don't send from your main domain or need access to it. You let us register those domains and use your business name and logo in sender names, signatures and campaigns while your plan is active. You approve sender names and signatures before launch.
• Your own mailboxes. Where available, you can connect Google, Microsoft or other mailboxes. You're responsible for those accounts and for following your email provider's rules. We set daily sending limits for them and may pause one that becomes unhealthy.
• Warmup. New mailboxes warm up for at least 14 days before they send campaign emails. Mailboxes you connect that already have a healthy sending history may start sooner.
• Deliverability. We verify addresses, screen out risky ones, rotate mailboxes and take unhealthy ones out of rotation. We don't guarantee inbox placement, open or reply rates, meetings or revenue.

7. Your responsibilities and sending rules

You're the sender of your campaigns, so you're responsible for following the law.

• Sender of record. Between you and us, you're the sender of your campaigns: you decide who to email, what to say and when to launch. MachFive provides the tools at your direction.
• Email laws. Follow the CAN-SPAM Act and other laws that apply to you, such as state email laws, Canada's anti-spam law (CASL) and European and UK data protection laws. Every campaign email must have an accurate sender name and subject line, make clear it's a sales message, include a valid postal address and tell people how to opt out. Honor opt-outs within 10 business days. MachFive adds your postal address and handles opt-out replies automatically, and you won't turn off or work around these features.
• Calls and texts. If you call, text or leave voicemails for MachFive leads, yourself or through a connected tool, you must follow phone marketing and consent laws. These include the Telephone Consumer Protection Act and do-not-call rules.
• Your lists. Only upload contacts you have the right to use. Don't upload sensitive data, such as health information, government ID or financial account numbers, or children's information.
• Not allowed. Don't use MachFive to:
  • break the law or help someone else break it
  • mislead people about who you are or what you're offering, including with fake sender names or misleading subject lines
  • send phishing, malware or links that hide where they lead
  • harass or threaten people, or send hateful or sexually explicit content
  • promote illegal goods or services
  • email people who've opted out
  • include MachFive's domains or links in your campaigns
  • resell or sublicense MachFive (agencies may run workspaces for clients under Section 2), get around plan limits, reverse engineer the app or interfere with how it runs
• Enforcement. We may pause a campaign or mailbox with high bounce or spam-complaint rates, or one that breaks these rules. We'll tell you why and work with you to fix it. Serious or repeated violations can lead to suspension or termination (Section 15).

8. Lead data

Leads you find through MachFive are for your own outreach, not for resale.

• Where it comes from. Lead data comes from third-party data providers and public sources.
• How you can use it. You may use leads you find through MachFive for your own sales and marketing outreach. Don't sell or publish them, or give them to anyone else, except your own service providers (like your CRM or dialer) and, for agencies, the client the workspace serves. Don't use them to build a competing database.
• Accuracy. Lead data can be incomplete or out of date, and we don't guarantee it's accurate.
• Removal requests. If someone asks us to delete or stop sharing their information, we'll remove it from lead data. If we tell you about the request, you'll delete that person's sourced data within 10 days and stop contacting them.
• Your obligations. You're responsible for how you use lead data, including honoring opt-outs and following privacy laws. You'll protect it as carefully as California privacy law requires of us, tell us if you can't, and let us take reasonable steps to stop misuse.

9. AI features

MachFive uses AI to research leads and write emails.

• AI providers. We use AI models from third-party providers.
• Product improvement. We may use combined, de-identified statistics, such as average reply rates, to improve MachFive. These never identify you or your contacts.
• Check the output. AI can get facts wrong or write something you wouldn't say. Review emails before you launch a campaign. You can give the writer rules about what it must always include or never say, and you're responsible for what you send.
• Ownership. You own the emails MachFive writes for you. Other customers may get similar wording.

10. Your data

You own your data, and we use it only to run MachFive for you.

• What counts as your data. Contacts you upload, your campaigns, the emails written for you, replies you receive, your CRM records and anything else you put into MachFive ("Your Data"). Your Data doesn't include lead data we provide (Section 8), even after you add it to a campaign, but the emails, replies and notes you create about those leads are Your Data.
• Our permission to use it. You let us use Your Data only to provide, secure and support MachFive, to make de-identified statistics (Section 9), and as you direct.
• Our role. For personal information in Your Data, we're your service provider: we handle it only for you. We use it only as this section allows and as the law requires. We won't sell or share it, use it for other customers, or combine it with other data except as needed to provide the Service. We'll help you answer privacy requests about it, pass on any we receive, and hold our vendors to the same rules. You may take reasonable steps to check that we follow this section and to stop any misuse. We follow applicable privacy laws, including the California Consumer Privacy Act, and will tell you if we can't meet these obligations.
• Data processing agreement. If you need one, email the book a demo form.
• Vendors. We use vetted providers for hosting and databases, email sending and mailbox services, email verification, lead data, AI models, web research, payments, analytics and customer support. Each may use the data only to provide services to us. We'll share our current list on request.
• Security. We protect Your Data with reasonable safeguards, including encryption in transit and at rest and access limited to people who need it.
• Security incidents. If we confirm a security incident affecting Your Data, we'll tell you without undue delay and within 72 hours, and help you respond.
• Export and deletion. You can export Your Data, or ask us for a copy, while your account is open and for 30 days after it closes. We delete it within 90 days after that 30-day window ends, unless the law requires us to keep it.

11. Connected services and the API

When you connect another service to MachFive, you let us exchange data with it as you set up, and that service's own terms apply.

• Connected services. These include Google and Microsoft mailboxes where available, CRMs, dialers and webhooks. We aren't responsible for other services, and features that rely on them may stop working if those services change.
• Google data. Our use of information from Google APIs follows Google's API Services User Data Policy, including its Limited Use requirements. Our Privacy Policy has the details.
• API. Keep your API keys secret, because you're responsible for activity that uses them. We may set rate limits, and the API may change while it's in beta.

12. Ownership, feedback and confidentiality

We own MachFive, you own Your Data, and each of us keeps the other's private information private.

• MachFive. We own the Service, including the software, designs and documentation, and all improvements to it. These terms give you the right to use it, nothing more.
• Feedback. If you send ideas or suggestions, we can use them without any obligation to you.
• Confidentiality. Each of us will keep the other's non-public business information confidential and use it only for this agreement, during it and for 2 years after. This doesn't apply to information that's public, already known to the other side or developed independently. Either side may share information when the law requires it, with notice where allowed. Trade secrets stay protected for as long as they remain trade secrets.
• Publicity. We won't use your name or logo in our marketing without your permission. An email is enough.

13. Warranties, disclaimers and indemnification

We promise to provide MachFive professionally, and beyond that it's provided as is.

• Our promise. We'll provide the Service in a professional manner, and it will work substantially as our documentation describes. If it doesn't, tell us and we'll fix it. If we can't, you can end your plan and get a refund of prepaid fees for unused time. That's your only remedy under this promise.
• Disclaimer. Otherwise, the Service is provided "as is." We disclaim all implied warranties, including merchantability, fitness for a particular purpose and non-infringement. The free plan and beta features come with no warranty at all.
• We'll defend you. On paid plans, if someone claims the Service infringes their U.S. patent, copyright or trademark, or misuses their trade secret, we'll defend you at our cost. We'll pay damages a court awards or that we agree to in a settlement. This doesn't cover claims caused by Your Data, lead data, your changes, or using MachFive with things we didn't provide. If a claim seems likely, we may change the Service or get you the right to keep using it. If neither is practical, we may end your plan and refund prepaid fees for unused time.
• You'll defend us. You'll defend MachFive against claims arising from your campaigns, email content, lists, connected tools, or breaking the law or these terms, including the CAN-SPAM Act, the Telephone Consumer Protection Act and privacy laws. You'll pay the resulting damages and costs.
• How it works. The side asking for defense gives prompt notice, lets the other side control the defense and settlement, and reasonably cooperates. No settlement can admit fault for the other side without its consent.

14. Limitation of liability

Each side's liability is capped at the fees for the 12 months before a claim.

• No indirect damages. Neither side is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or data.
• The cap. Each side's total liability is limited to the fees you paid or owe in the 12 months before the claim. On the free plan, the cap is $100.
• Data protection. For a breach of Section 10 or of confidentiality under Section 12, the cap is twice that amount.
• Exceptions. These limits don't apply to indemnification, your breach of Sections 7 or 8, your obligation to pay fees, or fraud or willful misconduct.
• Where the law limits this. If the law doesn't allow some of these limits, they apply as far as the law allows.

15. Suspension and termination

You can leave anytime, and we can suspend or end your access if you break these terms.

• Leaving. You can cancel as described in Section 5.
• Suspension. We may suspend or limit your account right away if needed to protect MachFive, our sending infrastructure or other people, or for serious violations of these terms. For unpaid fees, we follow Section 5. We'll tell you why, and if the issue is fixed and we haven't ended this agreement, we'll restore access.
• Termination for breach. Either side may end this agreement if the other materially breaks it and doesn't fix the problem within 15 days of notice. We may end it right away for serious or repeated violations of Sections 7 or 8, for fraud, or if the law requires.
• Refund if we end it. If we stop offering the Service, end your plan for any reason other than your breach, or you end it because we broke these terms, we'll refund prepaid fees for time you haven't used.
• After it ends. Your access stops, fees you owe stay due, and you have 30 days to export Your Data (Section 10). Terms that by their nature should continue, such as ownership, confidentiality, indemnification and the limits on liability, still apply.

16. Changes and legal details

We'll give you 30 days' notice before material changes to these terms.

• Changes. We may update these terms. For material changes, we'll email you or notify you in the app at least 30 days before they take effect. If you keep using the Service after that, the new terms apply. If you have an order form, changes apply from your next renewal.
• Disputes. If there's a problem, email the book a demo form first, and we'll both try in good faith to resolve it within 30 days.
• Governing law. Florida law governs these terms, and disputes go to the state or federal courts in Orange County, Florida. Either side may go to court right away for an urgent court order or to collect unpaid fees. Both sides give up the right to a jury trial.
• Everything else. Neither side may transfer this agreement without the other's consent, except to a successor in a merger or sale. Neither side is liable for delays caused by events beyond its reasonable control, but this doesn't excuse payment. You'll follow U.S. export and sanctions laws when using MachFive. We're independent contractors. If part of these terms is unenforceable, the rest still applies, and not enforcing a term isn't a waiver of it. These terms, with any order form, are the entire agreement on this subject.
• Notices. We'll send notices to your account email. Send notices to us at the book a demo form.