Terms of Service

Attracted provides a marketing technology platform that enables customers to attract, engage and retain their end customers, including campaign tooling, customer data features, analytics, integrations and related functionality described on our website or in an order form.

You must be at least 18 years old and able to form a binding contract. You are responsible for the accuracy of registration information, the security of your credentials, and all activity under your account. Notify us immediately of any unauthorised use at security@attracted.space.

Fees and billing terms are set out in your order form or the pricing page in effect when you subscribe. Unless otherwise stated, subscriptions auto-renew for successive terms equal to the initial term, at the then-current rates, until cancelled. Fees are non-refundable except as required by law. You are responsible for applicable taxes (excluding taxes on Attracted's net income), including EU/UK VAT, GST/HST in Australia and Canada, and US state sales and use taxes.

You agree not to:

• violate applicable law (including anti-spam laws such as CAN-SPAM, CASL, GDPR's ePrivacy rules and the Spam Act 2003 (Cth));
• send unsolicited communications or use the Services for unlawful marketing;
• upload malicious code or content that infringes intellectual property, privacy or publicity rights;
• attempt to interfere with, reverse engineer or circumvent security or rate limits;
• use the Services to build a competing product or to benchmark for a competitor;
• process special categories of data (e.g. health, biometric, children's data) without our prior written agreement.

As between the parties, you own all data you submit to the Services ("Customer Data"). You grant us a worldwide, non-exclusive licence to host, process and transmit Customer Data solely to provide and improve the Services. Where we process personal data on your behalf, we do so as your processor / service provider under our Data Processing Addendum (the "DPA"), which is incorporated by reference and includes the EU Standard Contractual Clauses, UK Addendum, CCPA/CPRA service provider terms and Australian APP requirements.

You represent and warrant that you have all necessary rights, consents and lawful bases to provide Customer Data to Attracted and for us to process it as contemplated by the Services and the DPA.

Attracted and its licensors retain all rights, title and interest in and to the Services, including all software, models, documentation and trademarks. We grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Services during your subscription, solely for your internal business purposes and subject to these Terms.

You may provide feedback or suggestions; we may use such feedback without restriction or compensation.

The Services may interoperate with third-party services. Your use of those services is subject to their own terms, and Attracted is not responsible for them. Disabling a third-party integration may degrade Service functionality.

Each party will protect the other's Confidential Information using at least the same degree of care it uses for its own (and no less than reasonable care), and use it only to perform under these Terms. This obligation does not apply to information that is public, independently developed, lawfully received from a third party, or required to be disclosed by law (with prompt notice where permitted).

We warrant that the Services will perform materially as described in the documentation. As your sole remedy for breach of this warranty, we will use commercially reasonable efforts to correct the non-conformity or, if we cannot, terminate the affected subscription and refund any pre-paid, unused fees.

Except as expressly provided, the Services are provided "as is" and "as available", and Attracted disclaims all other warranties, express or implied, including merchantability, fitness for a particular purpose, non-infringement and any warranty arising from course of dealing or usage of trade, to the maximum extent permitted by law.

Australia (ACL): Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) which cannot be lawfully excluded. Where permitted, Attracted's liability for breach of a non-excludable guarantee is limited to re-supply of the Services or payment of the cost of re-supply.

Consumers in the EEA / UK: nothing in these Terms limits statutory rights that cannot be excluded under applicable consumer protection law.

By Attracted. We will defend you against third-party claims that the Services, used as permitted, infringe such third party's intellectual property rights, and pay damages finally awarded or agreed in settlement.

By Customer. You will defend us against third-party claims arising from (i) Customer Data, (ii) your breach of Section 4 (Acceptable Use) or Section 5 (Customer Data and Privacy), or (iii) your violation of law, and pay damages finally awarded or agreed in settlement.

To the maximum extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, revenue, goodwill or data, even if advised of the possibility. Each party's aggregate liability arising out of or relating to these Terms will not exceed the fees paid or payable by Customer to Attracted in the 12 months preceding the event giving rise to liability.

The above limits do not apply to: (a) a party's indemnification obligations; (b) breach of confidentiality; (c) Customer's payment obligations; or (d) liability that cannot be limited under applicable law.

These Terms apply for the duration of your subscription. Either party may terminate for material breach not cured within 30 days of written notice. We may suspend the Services immediately if your use poses a security, legal or operational risk, or for non-payment. Upon termination, your right to use the Services ceases; we will, on request and within a reasonable period, make Customer Data available for export, after which we may delete it.

You will comply with all applicable export control and economic sanctions laws, including those of the United States, European Union, United Kingdom and Australia, and will not permit access to the Services from embargoed countries or by sanctioned persons.

We may update the Services and these Terms from time to time. Material changes will be notified at least 30 days in advance via the Services or email. Continued use after the effective date constitutes acceptance.

Unless your order form states otherwise, these Terms are governed by the laws of England and Wales, excluding its conflict-of-laws rules and the UN Convention on Contracts for the International Sale of Goods. The courts of London, England have exclusive jurisdiction, except that either party may seek injunctive relief in any competent court.

Customers in the United States: the Federal Arbitration Act applies, and disputes will be resolved by binding individual arbitration under the rules of the AAA, seated in Delaware, except for small-claims matters and equitable relief. Class actions and class arbitration are waived to the maximum extent permitted by law.

Customers in Australia: notwithstanding the above, where required by law, these Terms are governed by the law of the State or Territory in which you reside and disputes may be brought in courts there.

Consumers in the EEA: mandatory consumer protection laws of your country of residence apply, and you may bring proceedings in the courts of your residence.

These Terms (together with any order form and the DPA) are the entire agreement between the parties on the subject matter and supersede prior agreements. If any provision is unenforceable, the remainder remains in effect. Neither party may assign these Terms without the other's consent, except to an affiliate or in connection with a merger or sale. Notices to Attracted should be sent to legal@attracted.space. No waiver is effective unless in writing.