Ever Outbound Terms and Conditions

1. Scope of Services

Ever Outbound provides structured outbound systems and execution services which may include:

• Cold Traffic Offer Creation: crafting and refining the Client's core offer for cold outbound audiences.
• Master Copywriting: message and sequence copywriting across outreach channels.
• Surgical Prospecting: precision-targeted prospect research and list building.
• Email outreach campaigns and deliverability infrastructure.
• LinkedIn outreach and social platform messaging.
• Campaign strategy and automation setup.
• DFY (Done-For-You) Appointment Setting, fully managed by Ever Outbound.
• Technical setup including domains, inboxes, and integrations.

Services may evolve over time. Ever Outbound reserves the right to modify, enhance, or discontinue any portion of the Services with reasonable notice where appropriate.

2. Subscription, Billing, and Cancellation

Services are provided on a recurring subscription basis at the monthly rate of the plan selected at checkout, starting from $97 USD per month (Local plan) and $497 USD per month (Standard Growth plan), in addition to the performance-based compensation described in Section 3. Any setup fee or additional infrastructure blocks are shown at checkout. Fees are billed in advance unless otherwise stated.

• Payments are non-refundable once processed.
• Cancellation prevents future billing but does not trigger retroactive refunds.
• Failure to pay may result in suspension or termination of Services.

3. Performance-Based Compensation (If Applicable)

Where performance-based compensation applies, the following structure governs unless otherwise agreed in writing:

• Introductory closes. The first two (2) Closed Deals generated through the Services are commission-free. No performance fee is payable on those deals.
• Standard commission. For each Closed Deal after the first two, Ever Outbound receives five percent (5%) of net revenue collected for that specific deal.

For the purposes of these Terms, a "Closed Deal" means a signed agreement or accepted order between the Client and an opportunity generated through the Services. Commission becomes payable as and when the Client actually collects revenue on that deal, and is invoiced monthly in arrears unless otherwise agreed in writing.

Net revenue excludes third-party pass-through expenses, including infrastructure costs, vendor fees, implementation costs, or software installed behind a Client's firewall.

Ever Outbound is not entitled to revenue share on renewals, ongoing usage, license extensions, upsells, expansions, or additional support provided by the Client beyond the initial Closed Deal.

4. Tools and Infrastructure

Ever Outbound provides the operational tools required to run outbound campaigns as part of the Services. These are the same tools the Client would otherwise need to source if executing the campaigns in-house, and include without limitation:

• Email sending platform and associated licenses or seats.
• Domains, including registration and renewal.
• Mailboxes and inbox infrastructure.
• Lead data, list sourcing, verification, and enrichment services.
• AI tooling, including usage-based or API costs.

These tools and infrastructure costs are fully included in the Client's monthly subscription fee described in Section 2. Ever Outbound will not charge the Client any additional fees for tools, software, or infrastructure beyond the plan, setup fee and infrastructure blocks selected at checkout, including where accounts or infrastructure are set up or administered by Ever Outbound on the Client's behalf.

5. Acceptable Use and Conduct

• Client may use materials solely for internal business purposes.
• Client may not resell, redistribute, or sublicense Ever Outbound materials.
• Client may not use materials to directly compete with Ever Outbound.
• Client agrees to maintain professional conduct in communications.

6. Intellectual Property & Confidentiality

All frameworks, templates, systems, automation structures, and proprietary methodologies remain the exclusive intellectual property of Ever Outbound.

Client receives a limited, non-exclusive, non-transferable license to use deliverables solely for internal business operations.

Confidential information exchanged during the relationship shall not be disclosed without written consent except as required by law.

7. Compliance & Legal Responsibilities

Where Ever Outbound executes outreach campaigns directly, Ever Outbound is responsible for adhering to applicable communication laws including CAN-SPAM (U.S.), CASL (Canada), and GDPR where applicable, based on information provided by the Client.

Client remains responsible for accuracy of claims, sender identity, domain ownership, and representations made about products or services.

8. Third-Party Platforms & LinkedIn Risk

Client acknowledges that third-party platforms such as LinkedIn operate under independent terms of service and automated enforcement systems.

• Account restrictions, suspensions, or permanent bans may occur at the platform's discretion.
• Ever Outbound does not control or operate third-party platforms.
• Enforcement actions may occur despite good-faith compliance efforts.

Ever Outbound shall not be liable for suspensions, bans, loss of access, data loss, reputational harm, or business interruption arising from platform enforcement. Client assumes all associated risks.

9. AI & Automation Disclaimer

Automated systems, including AI appointment setters, operate without continuous human oversight and may produce errors or unintended outputs. No specific outcomes are guaranteed.

10. Limitation of Liability

• Ever Outbound's total liability is limited to the most recent subscription payment made.
• Ever Outbound is not liable for indirect, incidental, consequential, or special damages.
• This limitation applies to AI systems, automation, and third-party platform interactions.

11. Indemnification

Client agrees to indemnify, defend, and hold harmless Ever Outbound from claims, liabilities, damages, or expenses arising from:

• Client-provided content or representations.
• Use of LinkedIn or third-party platforms.
• Violation of laws or platform terms.
• Misuse of Services.

12. Termination

• Ever Outbound may suspend or terminate Services for breach of these Terms.
• Client may cancel subscription subject to billing terms.
• Upon termination, access to Services ceases immediately.

Termination does not extinguish commission payable on Closed Deals generated prior to termination.

13. Dispute Resolution & Governing Law

These Terms are governed by the laws of Alberta, Canada. Parties agree to attempt informal resolution prior to binding arbitration in Alberta, Canada unless otherwise required by law.

14. Entire Agreement

These Terms constitute the entire agreement between the parties and supersede all prior agreements, representations, or understandings.