Terms of Service.

OUTPOST is a multi-tenant software-as-a-service application that assists you in planning, drafting, scoring, and analyzing outbound email campaigns. The Service does not send email itself: it interfaces with third-party tools you connect (including but not limited to Smartlead, Zapmail, and Prospeo) which you license and operate under your own accounts. We may add, modify, or remove features at any time.

You represent that you are at least 18 years of age, that you have full legal capacity to enter into this contract, and that you are using the Service on behalf of a legal entity authorized to bind it. You must provide accurate, current, and complete information when creating your account and keep it up to date. You are responsible for all activity that occurs under your credentials. Notify us immediately of any unauthorized access.

You retain all rights in the data, lists, copy, recordings, and other materials you submit, upload, or generate through the Service (“Customer Content”). You grant Hustlery a worldwide, non-exclusive, royalty-free license to host, copy, transmit, display, and process Customer Content solely to provide and improve the Service, to comply with law, and to enforce these Terms. The license terminates when Customer Content is deleted or when this agreement ends, except as required by law or our backup cycles.

You will not, and will not permit any third party to:

• Use the Service to send, prepare, or facilitate any communication that violates the U.S. CAN-SPAM Act, the EU/UK GDPR or ePrivacy rules, the Canadian Anti-Spam Legislation (CASL), the South African POPIA, the TCPA, the California CCPA/CPRA, or any other applicable marketing, anti-spam, telecommunications, privacy, or data-protection law;
• Send unsolicited communications to recipients for whom you do not have a documented lawful basis (consent, legitimate interest with a performed Legitimate Interest Assessment, or other recognized basis);
• Use the Service to send communications that are deceptive, fraudulent, defamatory, obscene, harassing, threatening, hateful, or that promote or facilitate illegal activity;
• Upload or process special-category data (Art. 9 GDPR) or children’s data without our prior written authorization;
• Attempt to reverse-engineer, decompile, disassemble, or otherwise derive source code from the Service;
• Bypass or interfere with security, rate-limits, or access controls; attempt unauthorized access to other tenants’ data; or test the Service for vulnerabilities without prior written consent;
• Resell, sublicense, or white-label the Service except under a Fleet tier signed agreement with us;
• Use the Service to build or train a competing product or to extract our model outputs for training another model;
• Use the Service to scrape, harvest, or assemble email addresses or personal data in violation of the source platform’s terms.

We may suspend or terminate your access immediately and without prior notice for any actual or suspected breach of this Section.

You represent, warrant, and covenant on a continuing basis that:

1. you are the sole “Sender” and “Initiator” under the CAN-SPAM Act of any commercial message sent through your Smartlead, Zapmail, or other downstream tools using outputs from the Service, and you are the Data Controller under GDPR / UK GDPR and Responsible Party under POPIA for all prospect data you process;
2. every outbound message sent using the Service complies with all applicable law, including accurate header information, non-deceptive subject lines, identification as advertisement where required, a valid physical postal address, and a functioning opt-out mechanism honored within ten (10) business days;
3. you have completed and maintain a documented Legitimate Interest Assessment for any GDPR / UK GDPR processing, or hold valid consent where required, and you can produce these records on request;
4. all Customer Content you submit is accurate, lawfully obtained, free from malicious code, and does not infringe any third party’s rights;
5. you will honor every opt-out, suppression, and erasure request you receive in connection with the Service;
6. you will not use the Service for fraudulent business purposes, phishing, impersonation, or any communication designed to deceive the recipient as to the sender’s identity.

The Service uses artificial-intelligence models (including but not limited to Anthropic Claude) to generate email copy, classify reply intent, score leads, and produce other outputs (“AI Output”). AI Output may be inaccurate, incomplete, biased, misleading, or non-compliantwith applicable law or with the recipient’s actual circumstances.

You are solely responsible for reviewing, editing, and approving all AI Output before it is dispatched, replied to, relied upon, or otherwise used. Hustlery makes no representation or warranty regarding AI Output. Your use of third-party AI providers through the Service is subject to those providers’ terms; Hustlery is not liable for any third-party AI provider’s acts or omissions.

We may use de-identified, aggregated, or otherwise anonymized inputs and outputs to improve the Service. We do not use your Customer Content in personally identifiable form to train models we make available to other customers.

The Service connects, at your direction, with third-party tools including Smartlead, Zapmail, Prospeo, Slack, Stripe, and others (“Third-Party Services”). Your use of Third-Party Services is governed by their own terms and privacy policies. We are not responsible for any Third-Party Service’s availability, accuracy, security, billing, or downstream actions. If a Third-Party Service modifies or terminates its API, we may modify or suspend the integration without liability.

The current Operator price is USD 300 per month for unlimited usage. Fees are billed monthly in advance and are non-cancelable mid-cycle. All fees exclude applicable taxes, duties, and similar government charges, which you are responsible for. We may adjust pricing with at least thirty (30) days’ advance notice; new pricing takes effect at the start of your next renewal period.

Subscriptions renew automatically each month until cancelled. To cancel, follow the in-product cancellation flow or email billing@hustlery.co.za. On cancellation, your access continues until the end of the paid period and is not refunded. See our Refund Policy for details.

You authorize us (and our payment processor) to charge your selected payment method on each renewal date. If a payment fails and is not cured within seven (7) days, we may suspend or terminate your account and pursue collection of unpaid amounts plus reasonable costs.

We may suspend or terminate your access at any time, with or without notice, for (a) breach of these Terms, the Acceptable Use policy, or any applicable law, (b) non-payment, (c) risk to the Service, our other customers, or third parties, or (d) continued use that we reasonably determine is unsafe, abusive, or harmful to deliverability of the broader email ecosystem. You may terminate at any time by cancelling your subscription.

On termination, your right to use the Service ends. We will make Customer Content available for export for up to thirty (30) days, after which it may be permanently deleted. Sections that by their nature should survive (including 3, 5, 10–20) survive termination.

The Service, including all software, designs, models, prompts, documentation, trademarks, and all derivatives of any of the foregoing, is and remains the sole property of Hustlery and its licensors. We grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable right to access and use the Service during your subscription, solely for your internal business purposes and subject to these Terms.

We may use your name and logo to identify you as a customer on our website and in marketing materials. You may revoke this permission at any time by emailing hello@hustlery.co.za.

If you provide feedback, suggestions, or ideas about the Service (“Feedback”), you grant us a perpetual, irrevocable, worldwide, royalty-free license to use the Feedback without restriction or compensation.

Each party may receive non-public information of the other (“Confidential Information”). The receiving party will (a) use Confidential Information only to perform under these Terms, (b) protect it with at least the same degree of care it uses for its own confidential information (and in any event no less than reasonable care), and (c) not disclose it except to personnel and contractors bound by similar obligations. This Section does not apply to information that is or becomes public through no fault of the receiving party, was already known, is independently developed, or is required to be disclosed by law.

Where the GDPR, UK GDPR, POPIA, CCPA/CPRA, or similar law treats Hustlery as a processor / Operator / service provider with respect to Customer Content, our Data Processing Addendum (“DPA”) is incorporated into these Terms by reference and is available on request at privacy@hustlery.co.za. The DPA incorporates the EU Standard Contractual Clauses (2021) and the UK International Data Transfer Addendum where applicable.

We may offer features marked as “beta,” “preview,” “experimental,” or similar (“Beta Features”). Beta Features are provided “as is” without any warranty, may be modified or withdrawn at any time, and are not covered by any service-level commitments. Use of Beta Features is at your sole risk.

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HUSTLERY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

We do not warrant that the Service will be uninterrupted, error-free, secure against every threat, or that any defects will be corrected. We do not warrant the accuracy, completeness, currency, or reliability of any data, AI Output, lead score, classification, or third-party content delivered through the Service. We do not warrant any specific deliverability outcome, reply rate, meeting rate, or revenue result.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL HUSTLERY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS, OR ANTICIPATED SAVINGS, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT WILL OUR AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) USD 100.

The limitations in this Section apply to the maximum extent permitted by law. Some jurisdictions do not allow the exclusion or limitation of certain damages; in those jurisdictions our liability is limited to the smallest extent permitted by law.

You will indemnify, defend, and hold harmless Hustlery, its affiliates, and their respective officers, directors, employees, contractors, agents, suppliers, and licensors from and against any and all actual or threatened claims, demands, actions, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) by a third party arising out of or in connection with:

1. your use of, or inability to use, the Service;
2. your breach of these Terms or any policy referenced herein;
3. your violation of any applicable law, regulation, or right of any third party, including without limitation CAN-SPAM, GDPR, UK GDPR, CASL, POPIA, TCPA, CCPA/CPRA, and any anti-spam, anti-fraud, consumer-protection, telecommunications, or data-protection law;
4. Customer Content, including any prospect list, copy, voice recording, or AI Output you sent, used, or relied upon;
5. recipient complaints, regulator inquiries, mailbox provider actions, blocklist actions, ESP suspensions, or chargebacks arising from messages sent using Service outputs; and
6. your use of any Third-Party Service, including your supply of credentials, API keys, prospect lists, or content to those services.

We will give you prompt notice of any claim subject to this Section, and you will have sole control of the defense and settlement, except that you may not settle on any basis that imposes liability or admission on us without our prior written consent.

Before commencing arbitration, court action, payment dispute, or chargeback, you must first provide written notice of the dispute to legal@hustlery.co.za describing the nature and basis of the claim and the specific relief sought, and give us a period of at least thirty (30) days to attempt a good-faith resolution. Initiating any payment dispute or chargeback in violation of this Section is a material breach of these Terms, and you agree to reimburse us for all chargeback fees, dispute response costs, and reasonable attorneys’ fees we incur.

These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Binding arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or the Service that is not resolved under Section 17 will be resolved exclusively by binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules. The arbitration will be conducted in English, by a single arbitrator, seated in Wilmington, Delaware, or by videoconference if the parties agree. The arbitrator’s decision is final and may be entered in any court of competent jurisdiction.

Class action waiver

ANY ARBITRATION OR COURT PROCEEDING WILL BE CONDUCTED ON AN INDIVIDUAL BASIS ONLY. YOU AND HUSTLERY WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, REPRESENTATIVE ACTION, OR CONSOLIDATED PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR AWARD CLASS-WIDE RELIEF.

Carve-outs

Either party may bring an individual action in small-claims court if eligible, and either party may seek emergency injunctive relief in any court of competent jurisdiction to protect its intellectual property or confidential information without first proceeding under Section 17 or this Section 18.

Neither party is liable for any failure or delay in performance to the extent caused by events beyond its reasonable control, including acts of God, war, terrorism, civil unrest, pandemic, government action, internet or telecommunications failure, third-party service outage, power failure, fire, flood, or labor disturbance.

• Entire agreement. These Terms, the Privacy Policy, the Refund Policy, and any signed order form or DPA constitute the entire agreement between you and Hustlery and supersede all prior communications.
• Modifications. We may modify these Terms by posting an updated version. Material changes will be notified by email or in-product notice at least thirty (30) days before they take effect. Continued use after that date constitutes acceptance.
• Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of our assets.
• Severability. If any provision is held unenforceable, the remainder remains in effect, and the unenforceable provision will be reformed to the minimum extent necessary.
• No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.
• Notices to us. Send legal notices to legal@hustlery.co.za and by post to: Hustlery LLC, 20 Hotel Street, Pretoria 0083, South Africa.
• Notices to you. We may send notices to the email on your account or via in-product banner; you are responsible for keeping your contact information current.
• Relationship. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between the parties.
• Export. You will comply with all applicable export laws and will not export, re-export, or use the Service in embargoed jurisdictions or by sanctioned persons.