Terms of Service

Last updated: December 10, 2024

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and 4 GERENCIA S.A.S. (NIT: 900894758-4), operating as Mavecure ("Company," "we," "us," or "our"), concerning your access to and use of the Mavecure platform and services available at mavecure.co (the "Service").

By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access the Service.

2. Description of Service

Mavecure is a lead automation platform that provides:

  • LinkedIn profile data collection and analysis
  • AI-powered personalized message generation
  • Email delivery services via third-party providers
  • WhatsApp messaging capabilities via third-party providers
  • Lead discovery through Apollo.io integration
  • CRM and pipeline management tools
  • Team collaboration features

3. Account Registration

To use our Service, you must create an account. You agree to:

  • Provide accurate, current, and complete information during registration
  • Maintain and promptly update your account information
  • Maintain the security of your password and accept responsibility for all activities under your account
  • Notify us immediately of any unauthorized access or security breach
  • Be at least 18 years of age or the legal age of majority in your jurisdiction

4. Subscription Plans and Payment

4.1 Free Trial

We offer a 7-day free trial for new users. During the trial period, you have access to the full features of your selected plan. You will not be charged during the trial period. If you do not cancel before the trial ends, your subscription will automatically convert to a paid subscription.

4.2 Billing

Subscription fees are billed in advance on a monthly basis. All fees are quoted in US Dollars (USD) and are non-refundable except as expressly set forth in these Terms. You authorize us to charge your payment method on file for all applicable fees.

4.3 Plan Limits

Each subscription plan includes specific usage limits (leads, messages, etc.). Usage limits reset at the beginning of each billing period. Unused allocation does not roll over to the next period.

4.4 Price Changes

We reserve the right to modify our pricing with 30 days' notice. Price changes will take effect at the start of your next billing cycle following the notice period.

5. Cancellation and Refunds

5.1 Cancellation

You may cancel your subscription at any time through your account settings or by contacting us at nicolas@mavecure.co. Upon cancellation:

  • Your subscription will remain active until the end of your current billing period
  • You will retain access to view (but not run) campaigns after cancellation
  • Your data will be retained for 90 days after cancellation, after which it may be deleted

5.2 Refunds

Subscription fees are generally non-refundable. However, we may provide refunds at our discretion in cases of:

  • Service unavailability exceeding 24 consecutive hours
  • Billing errors
  • Other circumstances we deem appropriate

To request a refund, contact us at nicolas@mavecure.co within 14 days of the charge.

6. Acceptable Use Policy

You agree NOT to use the Service to:

  • Send spam, unsolicited messages, or messages in violation of applicable anti-spam laws (including CAN-SPAM, GDPR, and similar regulations)
  • Harass, abuse, threaten, or intimidate any person
  • Send deceptive, fraudulent, or misleading content
  • Violate any applicable laws or regulations, including data protection and privacy laws
  • Infringe on intellectual property rights of others
  • Collect or harvest personal data without proper consent
  • Interfere with or disrupt the Service or servers
  • Attempt to gain unauthorized access to any part of the Service
  • Use automated scripts to collect information or interact with the Service outside of our provided APIs
  • Resell, sublicense, or redistribute the Service without authorization

Important: You are solely responsible for ensuring your outreach campaigns comply with all applicable laws, including obtaining necessary consents for contacting leads and complying with LinkedIn's terms of service.

7. Third-Party Services

Our Service integrates with third-party services including:

  • LinkedIn: For profile data collection (via BrightData)
  • Apollo.io: For lead discovery and enrichment
  • Resend: For email delivery
  • Kapso: For WhatsApp messaging
  • Anthropic (Claude AI): For message personalization
  • Google: For authentication and Sheets integration
  • Paddle: For payment processing

Your use of these third-party services is subject to their respective terms of service and privacy policies. We are not responsible for the practices of these third parties.

8. Intellectual Property

8.1 Our Property

The Service, including its original content, features, and functionality, is owned by 4 GERENCIA S.A.S. and is protected by international copyright, trademark, and other intellectual property laws.

8.2 Your Content

You retain ownership of any content you submit to the Service (including leads data, campaign configurations, and custom prompts). By using the Service, you grant us a limited license to process and store this content solely for providing the Service.

9. Data Protection and Privacy

Your privacy is important to us. Please review our Privacy Policy, which explains how we collect, use, and protect your personal information.

You acknowledge that you are responsible for the lawful collection and processing of any personal data you input into the Service, including lead information.

10. Disclaimer of Warranties

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, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

We do not warrant that:

  • The Service will function uninterrupted, secure, or error-free
  • The results obtained from using the Service will be accurate or reliable
  • Any errors in the Service will be corrected
  • LinkedIn or other third-party platforms will not restrict or terminate access

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, 4 GERENCIA S.A.S. SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

Our total liability for any claims arising from these Terms or the Service shall not exceed the amount you paid us in the twelve (12) months preceding the claim.

12. Indemnification

You agree to indemnify, defend, and hold harmless 4 GERENCIA S.A.S., its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising from:

  • Your use of the Service
  • Your violation of these Terms
  • Your violation of any third-party rights, including privacy rights
  • The content of messages you send through the Service

13. Service Modifications and Termination

13.1 Service Changes

We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice. We will make reasonable efforts to notify you of significant changes.

13.2 Account Termination

We may terminate or suspend your account immediately, without prior notice, if:

  • You breach these Terms
  • We are required to do so by law
  • We reasonably believe your actions may cause legal liability
  • Your account has been inactive for more than 12 months

14. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the Republic of Colombia, without regard to its conflict of law provisions.

Any disputes arising from these Terms or your use of the Service shall be resolved through binding arbitration in Bogotá D.C., Colombia, in accordance with the rules of the Centro de Arbitraje y Conciliación de la Cámara de Comercio de Bogotá. Judgment on the award may be entered in any court of competent jurisdiction.

15. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on this page and updating the "Last updated" date. Your continued use of the Service after such changes constitutes acceptance of the new Terms.

16. Contact Information

If you have any questions about these Terms, please contact us:

4 GERENCIA S.A.S.

NIT: 900894758-4

Cra 11 A 93 67 Of 503

Bogotá D.C., Colombia

Email: nicolas@mavecure.co

17. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.

18. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published on the Service, constitute the entire agreement between you and 4 GERENCIA S.A.S. regarding the Service and supersede all prior agreements and understandings.