Terms of Service

Last Modified: [DATE]

These Terms of Service (these "Terms" or this "Agreement") constitute a binding contract between you ("Customer," "you," or "your") and Beanstalk Products LLC ("Beanstalk," "we," or "us"). These Terms govern your access to and use of the Services.

THESE TERMS TAKE EFFECT WHEN YOU CLICK THE "I ACCEPT" BUTTON BELOW OR BY ACCESSING OR USING THE CLOUD SERVICES (the "Effective Date").
By clicking "I ACCEPT" or by accessing/using the Services you:

Acknowledge that you have read and understand these Terms.
Represent and warrant that you have the authority to enter into this Agreement (and if entering on behalf of an organization, that you can bind it legally).
Accept these Terms and agree you are legally bound.

If you do not agree, select "I DECLINE". If you decline, you may not access or use the Services.

1. Services

Beanstalk offers a subscription-based service primarily for the setup and management of email mailboxes and domains tailored for cold email outreach, as detailed on our ScaledMail application at app.scaledmail.com (the "Services").

Beanstalk is merely a reseller of domains from various providers and is not liable for outcomes occurring due to the usage of such accounts.

2. Access and Use

(a) Provision of Access

Beanstalk grants you a revocable, non-exclusive, non-transferable, non-sublicensable, limited right to access and use the Services during the term of this Agreement solely for your internal business operations by Authorized Users.

(b) Documentation License

A non-exclusive, non-sublicensable, non-transferable license is granted to use Documentation during the Agreement term solely for business purposes.

(c) Use Restrictions

You shall not (and not permit Authorized Users to):

Copy, modify, or create derivative works of the Services.
Rent, lease, sell, sublicense, assign, or distribute the Services.
Reverse engineer, decompile, or decode any software component.
Remove proprietary notices.
Use the Services in any unlawful or rights-violating manner.

(d) Aggregated Statistics

Beanstalk may collect anonymized usage data ("Aggregated Statistics"). These remain property of Beanstalk and may be publicly shared provided they do not identify you.

(e) Reservation of Rights

All rights not expressly granted are reserved by Beanstalk.

(f) Suspension

Beanstalk may suspend access in cases of:

Security risks or attacks,
Fraudulent/illegal use,
CAN-SPAM Act violations,
Vendor terminations,
Legal prohibitions.

Beanstalk will use reasonable efforts to notify and restore access promptly.

3. Customer Responsibilities

(a) Acceptable Use

You agree not to use the Services for unlawful, fraudulent, offensive, or harmful purposes. Prohibited actions include but are not limited to:

Violating laws or exploiting minors.
Sending spam, chain letters, or junk mail.
Impersonation or deceptive behavior.
Introducing malware or attacking the Services.

(b) CAN-SPAM Compliance

You acknowledge you are a “sender/initiator” under CAN-SPAM and agree to comply fully, including:

Truthful headers, non-deceptive subject lines.
Valid physical mailing address.
Functional opt-out mechanism honored within 10 business days.
No harvesting of addresses.

(c) Data Protection Compliance

You represent compliance with applicable privacy laws (GDPR, HIPAA, COPPA, etc.), and that you have obtained necessary consents for data processing.

(d) Account Use

You are responsible for all usage of the Services under your access, including acts/omissions of Authorized Users.

(e) Customer Data

You grant Beanstalk a license to use Customer Data as needed to provide Services and within Aggregated Statistics.

(f) Passwords and Credentials

You are responsible for safeguarding access credentials.

(g) Third-Party Products

Domains and accounts come from third parties (Google, Microsoft, etc.), which may suspend or block access at their discretion. Beanstalk is not liable for downtime caused by them.

4. Support

Only general support services made available by Beanstalk from time to time are included.

5. Fees and Payment

All payments are due in USD.
Late payments may incur 1.5% monthly interest, collection costs, and possible suspension after 3 days.
All fees are non-refundable.
Taxes are your responsibility.

6. Confidential Information

Confidentiality obligations apply to both parties with exceptions (public info, prior knowledge, legal requirements). Trade secrets survive termination as long as they are legally protected.

7. Privacy Policy

Beanstalk complies with its Privacy Policy. By using the Services, you consent to it.

8. Intellectual Property Ownership; Feedback

Beanstalk owns all IP in Services.
Customer owns all IP in Customer Data.
Any Feedback provided may be freely used by Beanstalk without obligation.

9. Limited Warranty and Disclaimer

Beanstalk warrants commercially reasonable care in providing Services.
All other warranties are disclaimed. Services are provided "AS IS".

10. Indemnification

You agree to indemnify and defend Beanstalk from claims related to:

Customer Data infringement,
CAN-SPAM violations,
Unauthorized use of Services.

11. Limitation of Liability

Beanstalk is not liable for:

Indirect, incidental, special, or consequential damages,
Lost profits, goodwill, or data,
Replacement costs.

Aggregate liability is capped at amounts paid in the 12 months preceding a claim.

12. Term and Termination

Agreement continues until terminated.
Beanstalk may terminate immediately for breach.
You may terminate anytime via account settings (effective end of billing cycle).
Obligations like payments survive termination.

13. Modifications to Terms and Services

Beanstalk may modify Terms, Services, or pricing at any time. Continued use constitutes acceptance.

14. Export Regulation

You agree to comply with U.S. export laws.

15. Arbitration; Class Action Waiver

Disputes settled via binding arbitration (AAA rules).
No class actions or representative proceedings allowed.
Governed by Florida law, with venue in Hillsborough County or Middle District of Florida.

16. Miscellaneous

Entire agreement between parties.
Notices to: info@beanstalkconsulting.co
Communications may be electronic.
Invalid provisions do not affect the rest.
You may not assign this Agreement without consent; Beanstalk may assign freely.