Terms of Service
Last updated: February 28, 2026
1. Agreement to Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer", "you") and CortexSales ("Company", "we", "us"), governing your access to and use of the CortexSales platform, APIs, and related services (collectively, the "Service"). By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms. If you do not agree, you may not access or use the Service.
2. Description of Service
CortexSales provides a governed outbound automation platform that includes AI-powered prospect research, email composition, outbound calling, AI video prospecting, campaign management, invoicing, deliverability monitoring, and audit trail exports. The Service operates on a credit-based model. All outbound actions are subject to policy gates, content lint, reputation budgets, and autonomy controls as described in the platform documentation. The Service is provided on an as-is and as-available basis.
3. Account Registration and Security
To use the Service, you must create an account with accurate and complete information. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately at john@cortexsales.com upon becoming aware of any unauthorized access or security breach. We reserve the right to suspend or terminate accounts that violate these Terms or pose a security risk. Multi-factor authentication is available and recommended for all accounts.
4. Credits, Payments, and Billing
The Service operates on a credit-based model. Credits fund outbound actions including emails, calls, AI video generation, and invoicing. The minimum monthly credit top-up is 1,200€. Unused credits roll over to subsequent billing periods and do not expire while your account remains active. Payments received from prospects through the invoicing feature are automatically added to your company’s credit balance. All fees are exclusive of applicable taxes. You are responsible for all taxes associated with your use of the Service. Invoices are issued monthly. Payment is due within 14 days of invoice date. Late payments may result in suspension of the Service.
5. Acceptable Use Policy
You agree to use the Service only for lawful business purposes and in compliance with all applicable laws and regulations, including but not limited to: CAN-SPAM Act (United States), GDPR (European Union), CCPA/CPRA (California), CASL (Canada), ePrivacy Directive (EU), and all applicable anti-spam and data protection legislation in your jurisdiction. You shall not: (a) send unsolicited communications to individuals who have opted out; (b) use the Service to transmit malware, phishing content, or fraudulent materials; (c) attempt to circumvent policy gates, reputation budgets, or content lint controls; (d) reverse-engineer, decompile, or disassemble any part of the Service; (e) use the Service in any manner that could damage, disable, or impair our infrastructure; (f) resell or sublicense access to the Service without written consent. Violation of this policy may result in immediate account suspension.
6. Data Processing and Privacy
Your use of the Service is also governed by our Privacy Policy. We process personal data in accordance with applicable data protection laws. Where required, we will enter into a Data Processing Agreement (DPA) with you. All credential storage uses AES-256-GCM encryption. Data is encrypted in transit using TLS 1.3. Multi-tenant architecture ensures complete logical isolation between customer organizations. We do not use Customer Data to train machine learning models. For enterprise customers, we offer data residency options upon request.
7. Intellectual Property
The Service, including all software, algorithms, user interfaces, documentation, trademarks, and underlying technology, is owned by CortexSales and is protected by international copyright, trademark, patent, and trade secret laws. Customer retains all rights to Customer Data uploaded to or generated through the Service. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service during the term of your subscription. You grant us a limited license to process Customer Data solely for the purpose of providing the Service.
8. Confidentiality
Each party agrees to protect the other party’s Confidential Information with the same degree of care it uses to protect its own confidential information, but in no event less than reasonable care. Confidential Information includes, without limitation: business plans, customer lists, technical data, pricing, product roadmaps, and any information marked as confidential. Confidential Information does not include information that is: (a) publicly available; (b) independently developed; (c) rightfully received from a third party; or (d) required to be disclosed by law.
9. Service Level and Availability
We aim to maintain 99.9% uptime for the Service, measured on a monthly basis, excluding scheduled maintenance windows. Scheduled maintenance will be communicated at least 48 hours in advance via email. Enterprise customers with an active SLA are entitled to service credits as defined in their respective SLA agreement. We reserve the right to perform emergency maintenance without prior notice when necessary to protect the integrity or security of the Service.
10. Warranties and Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. WE DO NOT GUARANTEE SPECIFIC DELIVERABILITY RATES, OPEN RATES, OR RESPONSE RATES. AI-GENERATED CONTENT IS PROVIDED AS A DRAFT AND CUSTOMERS ARE RESPONSIBLE FOR REVIEWING ALL OUTBOUND COMMUNICATIONS BEFORE APPROVING THEM FOR DELIVERY.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CORTEXSALES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION: LOSS OF PROFITS, REVENUE, DATA, BUSINESS OPPORTUNITIES, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE. OUR TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO CORTEXSALES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
12. Indemnification
You agree to indemnify, defend, and hold harmless CortexSales, its officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; (d) the content of any communications sent through the Service; or (e) your infringement of any third party’s rights.
13. Term and Termination
These Terms are effective upon your first use of the Service and continue until terminated. You may terminate your account at any time by contacting us at john@cortexsales.com. We may terminate or suspend your access immediately, without prior notice, for conduct that we determine violates these Terms or is harmful to other users, us, or third parties. Upon termination: (a) your right to use the Service ceases immediately; (b) unused credits are non-refundable unless otherwise required by law; (c) we will retain your data for 30 days, after which it will be permanently deleted upon request.
14. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the European Union and the Republic of Lithuania, without regard to conflict of law principles. Any disputes arising under these Terms shall first be attempted to be resolved through good-faith negotiation. If negotiation fails, disputes shall be submitted to binding arbitration in Vilnius, Lithuania. Notwithstanding the foregoing, either party may seek injunctive relief in any court of competent jurisdiction.
15. Changes to Terms
We reserve the right to modify these Terms at any time. Material changes will be communicated at least 30 days in advance via email to the address associated with your account. Non-material changes take effect immediately upon posting. Your continued use of the Service after the effective date of any changes constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must discontinue use of the Service.
16. General Provisions
If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect. Our failure to enforce any right or provision shall not constitute a waiver of such right or provision. These Terms constitute the entire agreement between you and CortexSales regarding the Service and supersede all prior agreements, representations, and understandings. No agency, partnership, joint venture, or employment relationship is created by these Terms.
17. Contact Information
For questions, notices, or requests regarding these Terms of Service, please contact us at: john@cortexsales.com. CortexSales, Vilnius, Lithuania.