Terms of service

1. Who we are

MagpieCRM Cloud (the "Service") is provided by Mr PNA Greenall, trading as MagpieCRM, of 35a Highbury Corner, London N5 1RA ("MagpieCRM", "we", "us"). You can reach us at pele@magpiecrm.com.

2. Who can use it

2.1 The Service is for businesses. By signing up you confirm you're acting for a business, and that you can agree to these terms on its behalf. "You" means that business.

2.2 You must be at least 18, and give accurate details when you sign up.

2.3 You're responsible for the people you let into your workspace and for keeping your sign-in details safe. Tell us straight away if you think someone has got in who shouldn't have.

3. The Service

3.1 Each customer gets their own workspace at its own address, with prospect search, email finding and verification, contacts and lists, email campaigns, forms and surveys, and the other features described on our website. The software is open source; these terms cover our running of it for you.

3.2 Prospect data comes from third-party sources, and email addresses are found by pattern and checked with the recipient's mail server. We work hard on accuracy but can't guarantee that every result is complete, current or correct.

3.3 The in-app copilot runs on your own Anthropic or OpenAI API key. Your use of those services is between you and them, under their terms.

3.4 We aim to keep the Service available and working well, and we back it up every night, but we don't guarantee any particular uptime. We may carry out maintenance, and we'll try to do anything disruptive at quiet times and tell you in advance.

3.5 We improve the Service over time. If we remove a feature you rely on, we'll tell you at least 30 days beforehand.

4. Plans and payment

4.1 You choose a monthly allowance of prospects, verified email reveals and emails sent, at the prices on our pricing page, subject to the minimum monthly amount shown there. You pay each month in advance by card, through our payment provider, Stripe.

4.2 Your allowance applies to one billing month. Anything unused doesn't carry over. When one part of it runs out, that part stops until you upgrade or your next month starts; the rest keeps working.

4.3 You can upgrade at any time: it applies straight away, and you pay the difference for the rest of the month. A smaller plan applies from your next billing month.

4.4 Prices are in pounds sterling. We'll give you at least 30 days' notice of a price change, which applies from your next billing month after that. If we become VAT-registered, VAT will be added at the applicable rate.

4.5 If a payment fails, our payment provider will try again. If it still hasn't been paid after 14 days, we may pause or suspend your workspace until it is.

5. Your data

5.1 Your data stays yours. You can export it at any time. We use it only to provide the Service to you, as set out in our data processing agreement, which forms part of these terms.

5.2 For personal data you put into or find through the Service, including people found with prospect search, you are the controller and we are your processor. Whether and how you contact people, and your lawful basis for doing so, are your decisions and your responsibility.

5.3 In particular, before emailing people you find, you're responsible for having a lawful basis under the UK GDPR (and the EU GDPR where it applies), for telling them where you got their details, and for following the Privacy and Electronic Communications Regulations. In the UK these allow marketing emails to people at companies with a clear way to opt out, but individuals, sole traders and some partnerships need to have agreed first. Other countries have their own rules.

6. Using the Service properly

6.1 You must follow our acceptable use policy, which forms part of these terms. It covers what you may send and to whom.

6.2 Email from every customer goes out through a shared sending service, so one customer's poor sending affects everyone's delivery. We monitor each customer's sending volumes and bounce and complaint rates (as counts, not the content of your email) to protect the Service, and may act on what we see as set out in section 8.

7. Cancelling

7.1 You can cancel at any time from the billing page in your account. Your workspace keeps working until the end of the month you've paid for, and we don't refund part-months.

7.2 After your subscription ends, you can still export your data for 30 days. We then delete it from the Service; encrypted backups are overwritten on their normal cycle and are gone within three months.

8. Suspending or ending the Service

8.1 We may pause your sending, suspend your workspace, or end these terms, with notice where we can, if:

• you break these terms or the acceptable use policy;
• payment is overdue as described in section 4.5;
• your use puts the Service, our other customers or the people you email at risk, for example through high bounce or spam complaint rates; or
• we're required to by law, or by a regulator or one of our providers.

8.2 Where the problem can be fixed, we'll usually pause first and tell you what's wrong. We can suspend or close an account at once for serious or repeated breaches, such as phishing, malware or deliberate spam. If we close your account for a breach, we won't refund the current month, and we may stop you signing up again.

8.3 We may also end these terms for any reason with 60 days' notice, in which case we'll refund any fees you've paid for the time after the end date.

9. Our liability

9.1 Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud, or for anything else that can't be limited by law.

9.2 Otherwise, we're not liable for loss of profit, revenue, business, goodwill or data, or for any indirect or consequential loss, and our total liability in any 12 months is limited to the fees you paid us in those 12 months.

9.3 You're responsible for the content you send and the people you contact through the Service, and you'll compensate us for claims made against us because of a breach of sections 5 or 6 by you or your users.

10. Changes to these terms

We may update these terms. We'll email you at least 30 days before a change that affects you materially takes effect; if you don't agree, you can cancel before then. The date at the top shows when they last changed.

11. General

11.1 These terms, the acceptable use policy and the data processing agreement are the whole agreement between us about the Service.

11.2 If any part of these terms can't be enforced, the rest still applies. Not enforcing a right straight away doesn't mean we've given it up.

11.3 These terms are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction.