Last updated: December 21, 2025
By installing the browser extension or otherwise using the Services, you acknowledge that you have read, understood, and agree to be legally bound by the Terms and the Privacy Policy. If you do not have authority to agree, or if you do not agree, with the Terms and the Privacy Policy, you must not accept the Terms and may not use the Services. See the end of the Terms for certain defined terms.
Subject to these Terms and our Privacy Policy, we grant you a non-exclusive, non-transferable, revocable, limited right to access and use the Services in accordance with your chosen subscription plan (“Plan”) for the duration of your subscription term (“Subscription Term”). The Services include AI-powered sales tools like email outreach, social messaging, and call scripts. You acknowledge that the Services may be periodically unavailable due to:
(i) planned downtime; and
(ii) circumstances beyond our reasonable control pursuant to section 10.4 (Force Majeure). We reserve the right to make changes to the Services at any time and from time to time, provided that we will not materially decrease the functionality of the Services during a Subscription Term.
Only upgrades to your Plan are permitted during the Subscription Term, including moving to a higher subscription plan, adding users, or moving from a monthly to a longer subscription period.
Direct reselling, distribution, or disclosure of the Services or Output Data is strictly forbidden. Any attempt to access the Services on behalf of third parties or to transmit false or misleading information through the Service is prohibited. The creation of derivative works from the Services is not allowed. Reverse engineering or unauthorized data extraction beyond the scope of your license is prohibited.
The Service must not be used in ways that violate any laws, including privacy and marketing laws, or to promote illegal products or services. This extends to prohibitions on advertising harmful products, engaging in fraudulent activities, violating intellectual property rights, or engaging in discriminatory or violent acts.
You are required to adhere to legal and ethical standards in your use of email services, including proper opt-out mechanisms and avoiding the use of deceptive identities. Sending spam, unsolicited messages, or harmful content through email is not permitted.
The use of multiple Google accounts or any other method to circumvent access controls or usage limits is expressly forbidden. Users must access and use the Service through a single account unless otherwise permitted by specific agreement.
Should you become aware of any misuse of the Service or breach of these Terms, please contact us immediately. We reserve the right to suspend or terminate access to the Service for violations of these terms, at our discretion. In cases of confirmed misuse or abuse, we may demand cessation of all Service and Output Data usage and take further action as necessary.
You acknowledge and agree that at all times in your use of the Services that you will: (i) only use the Services for your internal business-to-business sales, marketing, or customer relationship management; (ii) comply with the Terms and all applicable laws, rules and regulations; (iii) use measures to keep the personal data contained in BI Data secure, confidential and comply with all applicable data privacy laws; (iv) monitor and control all activity conducted through your account in connection with the Services.
Customer shall not, and Customer will cause Customer’s Representatives (as that term is defined below) to not:
(i) alter, change, modify, adapt, translate, or make derivative works of the Services;
(ii) use the Services in a manner that, or provide any direction to First Touch that, violates any applicable Law (as defined below) or industry standards;
(iii) transmit any virus or programming routine intended to damage, surreptitiously intercept, or expropriate any system, data, or personal data;
(iv) transfer, resell, license, sublicense or otherwise make the Services (or any data or information accessible through the Services) available to any third party, except as expressly described in this Agreement;
(v) use the Services for timesharing, rental, outsourcing, or a service bureau operation;
(vi) attempt to gain, or assist others with attempting to gain unauthorized access to First Touch’s network, systems or the Services;
(vii) decipher, decompile, disassemble, or reverse engineer the Services or assist or encourage any third party to do so;
(viii) engage in any activity that violates the rights of others or that interferes with or disrupts the Services;
or (ix) upload any file containing any back door, time bomb, Trojan horse, worm, virus or similar malicious code;
(x) send bulk emails or single emails from a group distribution email such as hello@ or marketing@, etc.,
(xi) access the Services to build a competitive product or services, or (xii) use the Services in any way that is misleading, unlawful, defamatory, obscene, invasive, or objectionable. Without limitation, you agree not to use the Services in a manner that would violate the U.S. CAN-SPAM Act of 2003, the Canadian Anti-Spam Legislation (CASL)
If you take any prohibited actions, your privileges to use the Services may be terminated or suspended. First Touch shall also have the right to pursue any damages or injunctive relief under law.
The Services may integrate with, rely on, or act through software and services provided by other companies, including email providers, communication tools, customer relationship management systems, enrichment tools, and other sales- and marketing-related services (together, “Third-Party Products”). When you enable an integration, you authorize First Touch to access and use information from your account(s) with the relevant Third-Party Products as reasonably needed to provide and improve the Services, improve the quality of BI Data, and create aggregated or anonymized insights for internal research and development. You keep ownership of your data from Third-Party Products, subject to the rights you grant to First Touch in these Terms. You also confirm that you have the authority to grant this access and that doing so—and First Touch’s use of that access as described in these Terms—does not break any agreement, policy, or law that applies to you or your use of the Third-Party Products.
Customer must maintain publicly accessible terms of use and a privacy policy (together, “Posted Policies”) on every website, landing page, or other digital property that
(a) uses data obtained through the Services or
(b) deploys any Client Side Software, pixel, or similar technology supplied by First Touch.
The Posted Policies must:
(i) comply with all Applicable Laws;
(ii) accurately describe Customer’s data collection, use, sharing, and security practices—including its use of First Touch’s Services--and cookies or similar technologies; and
(iii) provide clear instructions for exercising data subject rights and marketing opt outs. Customer is solely responsible for keeping the Posted Policies accurate and up to date, and First Touch disclaims all liability arising from any failure to do so.
As noted above, the Services may integrate with or depend on Third-Party Products. By turning on any integration with a Third-Party Product, Customer:
(a) Represents and warrants that it has all rights and permissions needed to give First Touch access to the relevant Third-Party Product and its data.
(b) Instructs and authorizes First Touch to collect, transmit, process, store, and otherwise use data from that Third-Party Product on Customer’s behalf to operate and improve the Services, enhance BI Data, and generate aggregated or anonymized insights for internal research and development.(c) agrees to provide and keep up to date any API keys, OAuth tokens, credentials, or similar authorizations (“Integration Credentials”) required for that access.
(d) Confirms that enabling such access, Customer’s use of the Third-Party Product together with the Services, and First Touch’s handling of the resulting data as described in these Terms, will not violate any agreement, posted policy, or Applicable Law.
Customer is solely responsible for following the terms, policies, and usage limits of any Third-Party Products it chooses to connect to the Services.Customer continues to own all rights in the data it provides or routes through Third-Party Products, subject to the limited rights granted to First Touch in these Terms.
Upon the earlier of (i) termination or expiration of the applicable Subscription Term, (ii) Customer’s revocation of Integration Credentials, or (iii) First Touch’s written request, Customer will promptly delete (and ensure its Designate Users (as defined below) any data pulled solely through the Services from a Third Party Product, unless retention is legally required.
First Touch does not run the Third-Party Products and is not responsible for their features, performance, security, rules, or availability. Providers of Third-Party Products may change their services, APIs, limits, or enforcement practices at any time, and may restrict, limit, terminate or take other action with respect to Customer accounts in line with their own policies. Those decisions are outside of First Touch’s control. Further, the Services do not prohibit, and may be used by Customer, in a manner that violates or is inconsistent with the requirements, security, rules, policies or procedures of Third-Party Products. Customer is fully responsible and liable to ensure that its use of the Services complies in all respects with the foregoing, and will indemnify, defend and hold First Touch harmless with respect thereto.
Third-Party Products — or the integration itself—may be changed, limited, suspended, or discontinued at any time, with or without notice. Therefore, First Touch
(a) makes no representations, warranties covenants, agreements or commitments with respect to any Third-Party Product;
(b) is not liable for delays, interruptions, account actions, data loss, or other issues resulting from use or caused by Third-Party Products, Integration Credentials, or other third-party systems or conduct; and
(c) does not owe refunds, credits, or other compensation if a Third-Party Product, a Customer account on a Third-Party Product, or its integration is changed, limited, or becomes unavailable.
First Touch may use Google API services in connection with the Services and, as such, by agreeing to this Agreement, Customer also agrees to the Google APIs Terms of Service.
To use and access the Services, you agree to pay the agreed Fees for your Plan, where applicable. All Fees are non-refundable. Upon renewal, Fees may change.
Unless otherwise provided, First Touch will charge you the Fees when due based on your Plan using a PCI-compliant third party payment processor. You are responsible for providing complete billing information and notifying us of changes. Disputes by you with respect to Fees must be raised via written notice within 10 days of the due date or, if applicable, invoice date. For non-payment, we will provide notice and may suspend your access if payment is not received within 30 days. First Touch may charge a 1.5% monthly late fee on past due amounts.
You are responsible for any applicable taxes. Unless stated, Fees exclude taxes.
Credits offered with certain Plans have no cash value and are not redeemable for cash. Payments for credits are non-refundable and non-disputable. Credits reset every 30 days for paid plans, and every 7 days for Freemium plans. First Touch reserves the right to change the number of credits offered. Additional credits can be purchased by request.
The Subscription Term starts when you sign up and agree to the Terms. It automatically renews for the same duration unless you cancel with notice per section 4.2. Fees may change at renewal.
You may only cancel at the end of your Subscription Term by providing notice. For Monthly plans, cancellation requests must be made before the end of the then-current month. For other plans, notice must be given at least 30 days before the then-current Subscription Term ends. No refunds or credits will be provided, and your access will immediately terminate upon the effective date of cancellation.
Either party may terminate for material breach if not cured within 30 days of notice, or if the other party becomes subject to bankruptcy or insolvency proceedings. Termination will not discharge you of the obligation to pay Fees.
First Touch may suspend your access immediately if: (a) you fail to make payment within 5 days of the date due; or (b) you have breached sections 1.3, 1.4 or 5.2. First Touch will have no liability for the period of suspension.
Customer acknowledges and agrees that First Touch owns and retains all right, title and interest in and to the Services and BI Data, all underlying software, all services, features, and information made available on or through such Services and software, any enhancements, modifications or derivative works thereof, and any Feedback, as defined below, including without limitation all patent, trademark, copyright, trade secret and other intellectual property rights. All rights not specifically granted to Customer under these Terms are retained by First Touch. "Feedback" means any information, suggestions, comments or other feedback provided to First Touch by Customer or any of its authorized users in connection with the development, operation, marketing and sale of the Software.
You may provide suggestions, ideas, corrections, or other feedback to First Touch. You grant First Touch a worldwide, perpetual, royalty-free license to use, reproduce, publish, and distribute your feedback to improve the Services.
“Confidential Information” means any information designated as confidential or reasonably understood as such given its nature and disclosure circumstances. This includes pricing, proprietary materials, product plans, technology, business plans and processes.
Each party will protect the other’s Confidential Information like its own confidential data, using at least reasonable care. Confidential Information may only be used to exercise rights and perform obligations under the Terms.Each party may disclose Confidential Information to employees and contractors on a need-to-know basis, as required by law or regulation, or as reasonably necessary to comply with law.
By using the Services, you consent to data collection and processing by First Touch per First Touch’s Privacy Policy at: https://firsttouch.com/privacy-policy
Each party represents it has the authority to enter into the Terms. First Touch warrants that the Services will operate substantially in accordance with their specifications, as the same may be determined and modified from time to time.
EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, FIRST TOUCH MAKES NO WARRANTY (EXPRESS, IMPLIED OR STATUTORY), INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT. THE SERVICES, THE BI DATA AND ALL UNDERLYING OR RELATED SOFTWARE PROVIDED BY FIRST TOUCH ARE PROVIDED ON AN “AS-IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. FIRST TOUCH DOES NOT WARRANT THAT THE SERVICES, THEIR FUNCTIONALITY, OR THEIR WORK PRODUCT WILL MEET CUSTOMER’S REQUIREMENTS OR BE UNINTERRUPTED, ERROR-FREE, OR WITHOUT DELAY. CUSTOMER ACKNOWLEDGES THAT, AS AN SAAS-BASED SERVICE, THE FUNCTIONALITY AND INTERFACES OF THE SERVICES MAY CHANGE OVER TIME. FIRST TOUCH DISCLAIMS LIABILITY FOR ANY THIRD-PARTY APPLICATIONS.
Under no circumstances and under no legal theory will First Touch be liable for any damages, costs, or liabilities, whether occurring from single or multiple events or causes, in the aggregate in excess of the amounts paid or payable by Customer to First Touch under the applicable Plan maintained during the 12 months prior to which such damages, costs, or liabilities arose. In no event will First Touch be liable for indirect, incidental, consequential or punitive damages.
You agree to defend, indemnify and hold First Touch harmless from third party claims, damages, losses, liabilities, costs, debts and expenses (including attorney’s fees) arising from your: (i) breach of these Terms; and (ii) violation of third party rights or damage caused. This indemnification will survive the end of the Subscription Term and your use of Services.
First Touch reserves the right, at its sole discretion, to modify or replace any part of these Terms of Service at any time. It is your responsibility to check these Terms of Service periodically for changes. Your continued use of or access to the First Touch services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Whenever significant changes are made to these Terms of Service, First Touch will make reasonable efforts to notify you either through the email address you have provided us, by posting a prominent notice on our website, or through direct communication within the service platform. However, it remains your obligation to ensure that your contact information is current and to review these Terms of Service periodically.
Changes to the Terms of Service will become effective immediately upon posting unless otherwise specified in the notice of changes. If you disagree with the revised terms, you are free to discontinue using our services. By continuing to access or use our services after those revisions become effective, you agree to be bound by the revised terms. These Terms of Service (“Terms”) and the Privacy Policy govern your access and use of First Touch’s website, browser extensions, proprietary software and services (collectively the “Services”) including any business information you capture (“BI Data”) from the Services.
Login and Password. Customer must provide First Touch with the email addresses and names for Customer’s designated end users and administrators (collectively, the “Designated Users”), and First Touch will assign unique initial login credentials for such Designated Users in order to access the Services. The logins for the Designated Users may not be shared and shall only be used by the Designated User to whom the login is initially assigned. Customer is solely responsible for maintaining the confidentiality of the accounts and related passwords of Customer’s Designated Users and all use of such accounts. Each Designated User must be Customer’s employee or consultant and, in each case, under Customer’s control. Customer shall be solely responsible for all use of the Services under Customer’s account, including by Customer’s Designated Users. Customer hereby agrees that the act or omission of a current or former Representative (as defined below) shall be deemed the same as if performed by Customer.
Affirmative Covenants. Customer shall ensure Customer’s Designated Users, officers, directors, employees, contractors, representatives, agents and affiliates (collectively, “Representatives”) (i) comply with this Agreement; (ii) take all necessary steps to prevent unauthorized access to or use of the Services, (iii) notify First Touch immediately of any such unauthorized access or use; (iv) comply with all applicable federal, state, local, municipal, domestic, foreign, and international laws, rules and regulations (“Law”); (v) use the Services in compliance with all applicable industry standards; (vi) use the Services only for Customer’s own internal business purposes and solely in accordance with the terms of this Agreement; and (vii) use the Services solely in accordance with First Touch’s instructions.
Any waiver by First Touch of a breach of any provision of the Terms shall not operate or be construed as a waiver of any subsequent breach of such provision or any other provision hereof. Customer's rights hereunder are not assignable or transferable.Customer agrees that the Terms shall, at the option of First Touch exercised from time to time be construed and enforced in accordance with and governed by the internal laws of Massachusetts without regard to its conflicts of laws provisions. Any claims or legal actions by Customer shall be commenced and maintained in the courts or agencies located in Massachusetts, and Customer hereby irrevocably submits to the exclusive jurisdiction and venue of any such court or agency and agrees not to commence any such claim or action other than in the above named courts or agencies. First Touch's rights and remedies hereunder are not exclusive, but are in addition to all others available at law or in equity. The Terms shall not apply to the extent they constitute a violation of law. The provisions of the Terms shall be interpreted and deemed modified to be enforceable to the maximum extent under existing law as it.
