Terms of Service

These Terms of Service ("Terms") govern your access to and use of The Outreach Machine ("TOM", the "Service"), a software-as-a-service platform for permission-based sales engagement and follow-up with contacts you lawfully hold, available at app.theoutreachmachine.com and described at theoutreachmachine.com. The Service is operated and licensed by Studio Synapse di Fabrizio Mainardi di Pescia, a sole proprietorship (ditta individuale) under Italian law, with registered office at Via Coste di Lagolo 12, 38076 Madruzzo (TN), Italy, VAT No. IT13965140968 ("we", "us", "our"). You can contact us at team@theoutreachmachine.com. Abuse reports: abuse@theoutreachmachine.com.

By creating an account, starting a subscription or using the Service, you confirm that you have read, understood and accepted these Terms and our Refund Policy. Before submitting Customer Personal Data, an authorised representative of a business customer must separately accept the Data Processing Addendum using an unticked, affirmative acceptance control in the signup or account flow, or sign it in writing. The record must identify the Customer legal entity, the accepting user/representative or Account, the accepted DPA version, and the date and time of acceptance. The DPA applies from that recorded acceptance; continued use alone does not replace the separate acceptance control. Use of the Service does not replace any separate approval that applicable law requires. If you do not agree, please do not use the Service.

1. Who you are buying from, and how payments work

Payments are processed securely by Stripe, our payment provider. Checkout, payment collection and payment security are handled by Stripe Payments Europe, Ltd. and its group companies; payment details are entered on Stripe's secure checkout and are not stored on our servers. Stripe's services agreement and privacy policy also apply to the payment services. The licence to use the software itself is granted by us under these Terms.

Invoices are issued by us for every payment. Applicable taxes (VAT and sales tax) are calculated at checkout based on your billing country and, for business customers, on the VAT or tax ID provided, and are shown to you before you confirm the purchase.

2. Definitions

• Account — the personal access you create to use the Service.
• Consumer — a user acting for purposes outside their trade, business, craft or profession.
• Business — a user acting in connection with their trade, business, craft or profession.
• Subscription — a recurring monthly email-mailbox subscription that includes access to the Service for that mailbox.
• Add-ons — additional paid items activated in the app, such as domains and contact-verification credits.
• Customer Data — the prospect and campaign information you submit to or generate in the Service, including names, email addresses, public website URLs/content, publicly stated roles and company details, AI prompts and drafts, sender/message content, replies, delivery/bounce records, and unsubscribe/suppression data.

3. Eligibility and your account

• You must be at least 18 years old and capable of entering into a binding contract. If you use the Service on behalf of an organisation, you confirm that you are authorised to accept these Terms for that organisation.
• You must provide accurate and up-to-date information and keep your credentials confidential. You are responsible for all activity that occurs through your Account. If you believe your Account has been compromised, contact us immediately.
• You must not share your Account, sell or transfer it, or create accounts for abusive purposes. We may refuse, suspend or close accounts in accordance with these Terms, in particular in case of breach, non-payment, fraud or unlawful use.

4. What the Service does

• The Service is a technical tool for sales engagement: it can read public websites you identify, generate AI-personalised email drafts, and help you configure domains, mailboxes, DNS records (SPF, DKIM, DMARC), sending windows, follow-ups, bounces, unsubscribe links, suppression lists and reply forwarding. Campaigns and sending settings are configured or activated by you; messages are transmitted on your instructions using the connected infrastructure. The Service does not decide which people you may contact, verify that you have permission to contact them, provide lead lists or sell personal data. It is not legal advice and does not itself authorise any contact. You must not use it for unsolicited bulk messaging or for any marketing communication unless you have first satisfied every permission and other requirement applicable to that recipient, channel and market.
• The Service is currently offered as a launch beta. Features may change, be added or be removed while the beta is ongoing. We will use reasonable efforts to inform you of material changes that affect your use of the Service.
• Third-party components. Some Add-ons rely on third-party providers: mailboxes are provisioned through third-party email providers (for example Google Workspace), domains are registered with domain registrars and renew annually, and verification credits are purchased as top-ups. Those services are subject to the terms of the relevant providers, and their availability may change. Once activated, third-party items such as domains and mailboxes cannot be cancelled for the current period.
• No guarantee of results. We do not guarantee that emails will land in the inbox, be opened, receive replies or produce commercial results. The Service reduces configuration errors and sends conservatively, but outreach results depend on many factors outside our control, including your content, your data and the policies of mailbox providers. You remain responsible for your campaigns and for complying with anti-spam and data protection laws.

5. Plans, prices and billing

• There is no monthly platform-access fee. Each email mailbox subscription is currently USD 19 per mailbox per month, billed monthly. You may start with one mailbox and add or remove mailboxes as shown in the app. The price and any change to the monthly total are displayed before you confirm; prices may change with advance notice as described in section 15.
• Domains and contact-verification credits are purchased separately in the app. Domain prices vary by extension, are shown after availability is checked, and renew annually. Verification credits are one-off top-ups; current packs and prices are displayed in the app before purchase. No mailbox block or minimum of three mailboxes is required.
• Prices are in US dollars and are shown excluding taxes. VAT and sales tax are calculated at checkout by our payment provider based on your billing country and, for business customers, on the VAT or tax ID you provide; the total amount payable, including applicable taxes, is displayed at checkout before you confirm the purchase. Where the applicable rules provide for it (for example cross-border B2B supplies within the EU), VAT is not charged and the reverse charge applies.
• Subscriptions are charged in advance for each billing period through our payment provider and renew automatically until cancelled as described in section 6.

6. Renewal and cancellation

• Your Subscription renews automatically for periods equal to the initial billing period (monthly), and our payment provider charges the payment method on file at each renewal.
• You can cancel at any time from the billing portal (the link is in your account) or by emailing us at team@theoutreachmachine.com. Cancellation takes effect at the end of the current billing period: you keep access until then and no further charges are made.
• If we change the price, we will notify you before the change takes effect and we will seek your consent where required by law. If you do not accept the change, you can cancel before it takes effect.
• We may suspend or terminate your access if you materially breach these Terms, fail to pay, engage in fraud or unlawful use, or if required by law or by a provider. Where required, we will give you prior notice and an opportunity to remedy the issue.
• If we discontinue the Service, we will give you reasonable notice and, where required, arrange a pro-rata refund of prepaid amounts to the original payment method.

7. Refunds and statutory withdrawal

Refunds and cancellations are handled under our Refund Policy. You can cancel a mailbox subscription at any time; cancellation stops future renewals and access continues through the current billing period. Consumers may also have a statutory 14-day right of withdrawal for distance purchases. If you expressly ask us to begin service during that period, any amount due is limited to the proportionate value of service supplied up to withdrawal, where the law permits; any balance paid is refunded. The required request and acknowledgement must be obtained separately at checkout. Refunds due by law are returned to the original payment method; we never ask you to pay outside the official checkout or to send payment details by email.

8. Orders and how the contract is formed

• You place an order through our secure checkout, launched from our website or app and processed by Stripe. Before you confirm, you can review the plan, the price, the billing period and these Terms, and you must accept these Terms and the Refund Policy. Before submitting Customer Personal Data, an authorised business representative must separately accept the operative DPA as described above.
• If you are a Consumer and want service to start during the statutory withdrawal period, checkout will present a separate, unticked control for your express request and acknowledgement that a proportionate amount may be due if you withdraw. Without that recorded request and acknowledgement, we will not rely on early performance to charge for service supplied during the withdrawal period where the law provides otherwise.
• We send the order confirmation and the invoice by email on a durable medium; our payment provider may also send a payment receipt. The purchase contract is formed between you and us.
• You are responsible for providing correct details and for ensuring that emails from us and from our payment provider are not blocked by your spam filters. Invoices are issued by us for every purchase.

9. Free trials

We do not currently offer free trials. If we introduce one, its terms — including duration and how to cancel before it converts into a paid Subscription — will be clearly shown before you start it, and the applicable withdrawal and refund rules will be described in the Refund Policy.

10. Acceptable use and your responsibilities

• Applicable law; no legal advice. You must comply with all laws that apply to you, the recipient, the data source and the communication channel, including the GDPR and national ePrivacy laws in Europe, the UK GDPR and PECR, CAN-SPAM and applicable state privacy/marketing laws in the United States, CASL in Canada, Australia's Spam Act and equivalent laws elsewhere. A GDPR lawful basis for processing personal data is not necessarily permission to send a marketing message: you must satisfy channel-specific consent, notice, identification, opt-out and record-keeping requirements as well.
• Specific rule for promotional email in Italy. Under Article 130(1)–(2) of the Italian Privacy Code, prior consent is generally required for promotional email. Article 130(4)'s existing-customer exception is narrow: it concerns email coordinates provided by the recipient in the context of a sale, for the sender's own similar products or services, where the recipient is informed at collection and in each message, has not objected at collection or later, and each message provides an easy, free way to object. Unless you can document that every condition of this exception or another specific applicable exception is met, do not send the promotional email. A GDPR legitimate-interest assessment may be relevant to a separate processing question, but legitimate interest alone does not replace prior consent where the email-marketing rules require it. Public availability of an address or the recipient's business role does not, by itself, establish permission; assess the rules for each recipient and jurisdiction.
• Your responsibility for Customer Data and campaigns. As between you and us, you are solely responsible for the contacts, data, instructions, campaign content and messages you upload, generate, select or send, and for deciding who is contacted, why, when and through which channel. You determine and must be able to demonstrate the lawful source and permitted use of each record, the required legal basis and channel permission, the accuracy and minimisation of the data, the privacy information to provide, the retention period, the accuracy of each message, and compliance with data-subject rights. You represent and warrant on each upload and campaign activation that you have all rights, permissions, notices and instructions required by applicable law. If you act as a processor for another organisation, you must have that controller's documented instructions and authority. These allocations do not remove any duty that the law imposes directly on Studio Synapse or change either party's legal role based on the actual facts.
• Evidence, transparency and opt-outs. You must retain records sufficient to demonstrate the source of each contact and the relevant consent or exception, including when, how, for which sender, channel and purposes it was obtained, the notice shown, and any withdrawal or objection. Where required, you must provide the information required by Articles 13 or 14 GDPR and other applicable law. A public webpage, purchased list, email verification result or use of our Service is not proof of consent or permission to market. You must use accurate sender and subject information, provide a valid postal address where required, include a working and accessible unsubscribe/objection method in every marketing message, and act on objections promptly and before any subsequent marketing send. You must maintain and apply suppression lists across campaigns and connected mailboxes.
• Prohibited uses. You must not send unsolicited bulk messages or any promotional message for which required prior consent or another channel-specific permission is absent; upload or use scraped, harvested, purchased, rented or third-party lists unless you can document that the source and the specific onward use by you for that recipient, purpose and channel are lawful; rely on public availability or GDPR legitimate interest alone where prior email consent is required; remove or disable unsubscribe controls; ignore bounces, complaints or opt-outs; use misleading headers, subjects or sender identities; bypass sending limits or safeguards; violate provider policies; or send unlawful, deceptive, harassing or harmful content, malware or phishing. You must never upload special-category personal data, data relating to criminal convictions or offences, or children's personal data. You must not reverse engineer, copy, resell, sublicense or scrape the Service, use it to build or promote a competing product, interfere with its security or integrity, or infringe anyone's rights.
• Upstream provider rules. You must also comply with the current acceptable-use and anti-spam rules of each mailbox, domain, SMTP and sending provider you use through TOM; those rules may be stricter than the law that otherwise applies. For example, Mailpool's published Anti-Spam Policy says mail sent through its service may be sent only to recipients who explicitly opted in, prohibits purchased, rented, harvested or algorithm-generated lists, and requires functioning opt-out controls. It separately refers to existing business relationships; unless the provider confirms in writing that a specific exception applies to your campaign, do not treat it as permission to send without opt-in.
• Complaints, checks and enforcement. You must promptly notify us at abuse@theoutreachmachine.com of a complaint, regulator inquiry, legal claim or suspected unlawful campaign involving the Service, and cooperate with reasonable investigation and remediation. We may request evidence of permission and lawful sourcing, review abuse and deliverability signals, and immediately pause campaigns, restrict or suspend an Account, block sending or remove data if we reasonably suspect a breach, a complaint or a risk to recipients, us or providers. We may do so without advance notice where necessary to prevent harm or comply with law, and may disclose information to competent authorities where legally required. We do not undertake to pre-screen or approve every list, message or campaign, and any checks or safeguards we do operate do not make us the decision-maker for your campaign or relieve you of your obligations.
• Business-customer indemnity. To the maximum extent permitted by applicable law, if you use the Service in the course of a trade, business or profession, you will defend, indemnify and hold harmless Studio Synapse, its owner, personnel, contractors and subprocessors against third-party claims, complaints, proceedings or investigations (including claims by email recipients or data subjects and regulatory proceedings arising from them) to the extent arising directly from your Customer Data, campaign or sending instructions, your failure to obtain a required permission or provide a required notice, your failure to honour an objection, or your breach of these Terms or applicable law. This includes reasonable, documented external legal costs and amounts finally awarded or agreed in a settlement approved in writing by Studio Synapse, such approval not to be unreasonably withheld. This obligation does not apply to the extent a claim or loss is caused by Studio Synapse's own breach of law or contract, negligence, wilful misconduct, or processing outside your documented instructions. Regulatory fines or sanctions are recoverable only to the extent applicable law permits their contractual recovery and they are finally attributable to your acts or omissions. You must give prompt written notice of a claim (a delay reduces this obligation only to the extent it prejudices the defence) and, at your cost, assume and control the defence using counsel reasonably acceptable to Studio Synapse. Studio Synapse may participate with its own counsel. You may not settle a claim in a way that admits our liability or imposes any obligation on us without our prior written consent. To the extent permitted by law, this indemnity is not subject to the liability cap in section 13.

11. Data, content and intellectual property

• Your data. You retain all rights in your Customer Data. You grant us the limited licence needed to host, process and transmit it to provide and support the Service. Where and to the extent we process personal data in Customer Data on your behalf, our processing is governed by the Data Processing Addendum and your documented instructions. An authorised business representative must separately accept the DPA before submitting Customer Personal Data; the Account records the accepted version and date/time. You remain responsible for the lawfulness of your data and instructions, and each party remains responsible for duties the law imposes directly on it.
• Our rights. The Service, the software, the TOM name and logo, the design, the documentation and all related know-how are owned by us or our licensors. We grant you a limited, non-exclusive, non-transferable, revocable licence to use the Service during your Subscription, for your internal business or personal purposes.
• AI-generated content. Emails and drafts generated by the Service are yours to use in your campaigns under this licence. AI output may contain inaccuracies: you are responsible for reviewing content before sending it.
• Feedback. If you send us feedback or suggestions, we may use them to improve the Service without any obligation to you.

12. Availability, support and complaints

• We aim to keep the Service available and functional and may perform maintenance. Given the beta stage, we do not guarantee uninterrupted or error-free operation, and no specific uptime level is promised unless separately agreed in writing.
• Support is available at team@theoutreachmachine.com; we aim to respond within 2 business days. Payment, billing and refund requests are handled by us; you can also update your payment method, download invoices and manage your subscription from the billing portal in your account. Abuse reports: abuse@theoutreachmachine.com.
• If you have a complaint, contact us and we will aim to resolve it within 5 business days. If you are a consumer, you can also contact your local European Consumer Centre or a qualified consumer association; nothing in this section limits your legal rights.

13. Our responsibility

• Nothing in these Terms excludes or limits our liability where it would be unlawful to do so, including for fraud or fraudulent misrepresentation, wilful misconduct, gross negligence, death or personal injury, or any mandatory rights you have as a consumer.
• To the maximum extent permitted by law, we are not liable for indirect or consequential losses, loss of profits, revenue, goodwill, business opportunity or business interruption, or for losses arising from your content, your data or your use of third-party services.
• To the maximum extent permitted by law, our total aggregate liability arising out of or in connection with the Service is limited to the amount you paid for the Service in the 12 months preceding the event giving rise to the claim.
• If you are a consumer, you benefit from the legal guarantee of conformity for digital services under applicable law (in Italy, Legislative Decree No. 173/2021), which is not limited by these Terms.

14. Term and termination

• These Terms apply for as long as you use the Service. You can stop using the Service and cancel your Subscription at any time as described in section 6.
• When your access ends, your right to use the Service stops. You can export your Customer Data while the Account is active and, on request, for up to 30 days after termination; after that period we may delete it in accordance with our Privacy Policy. Third-party items (domains, mailboxes) activated on your behalf follow the terms of their providers.
• Provisions that by their nature should survive termination (including sections on intellectual property, liability, data and applicable law) will remain in force.

15. Changes to the Service and to these Terms

• We may update these Terms to reflect changes in the Service, in the law or in our business. The current version is always published on this page with its effective date, and material changes will be notified in advance by email or in the app where required by law. Where mandatory law requires your express consent (for example for certain pre-contractual information for consumers), we will ask for it.
• If you do not accept a change, you can cancel your Subscription before the change takes effect. Continuing to use the Service after the effective date means you accept the updated Terms, except where mandatory law provides otherwise.

16. Applicable law and jurisdiction

• These Terms are governed by Italian law. The payment services provided by Stripe are also subject to Stripe's own terms.
• If you are a consumer, you benefit from the mandatory protections of the law of your country of residence and you may bring proceedings before the courts of your place of residence (in Italy, this is confirmed by Article 66-bis of the Italian Consumer Code).
• If you are a Business, any dispute arising out of or in connection with these Terms is subject to the exclusive jurisdiction of the Court of Trento, Italy, to the extent that choice is enforceable and without prejudice to any mandatory jurisdiction rules or interim-relief rights under applicable law.

17. Other provisions

• Notices. We may send notices by email to the address associated with your Account or publish them in the app; you may contact us at team@theoutreachmachine.com.
• Assignment. You may not assign these Terms without our written consent. We may assign them to an affiliate or successor, with notice where required.
• Severability and no waiver. If any provision is found invalid, the remaining provisions stay in force. If we do not enforce a right immediately, we can still enforce it later.
• Entire agreement. These Terms, the Refund Policy, the Privacy Policy and, where Customer Personal Data is processed, the operative Data Processing Addendum, together with the terms of our payment provider for payment services, form the agreement regarding the Service.

18. Separate approval of certain business terms

Where you contract with us in the course of a trade, business or profession and Articles 1341–1342 of the Italian Civil Code apply, the provisions that may require specific written approval include sections 6.1 (automatic renewal), 6.4 (suspension or termination), 10.6 (checks, suspension and enforcement), 10.7 (business-customer indemnity), 13 (limitations of liability) and 16.3 (exclusive jurisdiction). Any separate approval required by law must be collected through a distinct affirmative acceptance in the applicable account or checkout flow; publication of these Terms or general acceptance alone is not a substitute for that separate approval.

Annex A — Model withdrawal form (consumers)

Contact

Studio Synapse di Fabrizio Mainardi di Pescia — ditta individuale · Via Coste di Lagolo 12, 38076 Madruzzo (TN), Italy · VAT No. IT13965140968 · team@theoutreachmachine.com · Abuse: abuse@theoutreachmachine.com

Terms version 1.7, effective 27 September 2026.