Terms of Service

Your Data Belongs to You

You retain all rights, title, and interest in your customer data, contact information, and content uploaded to Firavex. We claim no ownership over your data and will never use it for purposes outside of providing you with our services.

Data Export & Portability

You can export your data at any time in standard formats (CSV, JSON). Upon account cancellation, you have 30 days to export your data before permanent deletion.

Privacy Compliance

Our use of your data is governed by our Privacy Policy. We comply with GDPR, CCPA, and other applicable data protection regulations.

1. Purpose and Permitted Use

The Company provides an AI-enabled business development representative agent feature (the “BDR Agent”) to assist Customer with sales-development activities, including prospect research, lead qualification, and related business communications.

Customer may use the BDR Agent solely for lawful business-to-business (B2B) sales, marketing, partnership, account-management, and business-development outreach.

Customer shall not use, and shall not permit any user to use, the BDR Agent for:

• •Consumer or business-to-consumer outreach;
• •Political campaigning, lobbying, fundraising, or voter communications;
• •Employment screening or automated employment decisions, except where expressly authorized in writing by Company and permitted by applicable law;
• •Discriminatory, deceptive, fraudulent, harassing, unlawful, or otherwise harmful communications;
• •Outreach involving special-category or sensitive personal data, including health, biometric, religious, political, sexual-orientation, or financial information;
• •Communications that violate applicable anti-spam, telemarketing, electronic-communications, privacy, consumer-protection, or data-protection laws; or
• •Any purpose prohibited by the Agreement, Company’s acceptable-use policy, or applicable law.

2. Customer Control and Responsibility

Customer acknowledges and agrees that it determines the business purpose, audience, timing, content parameters, contact lists, and instructions for use of the BDR Agent. Accordingly, Customer is solely responsible for:

• •Determining whether a proposed outreach activity is lawful in each jurisdiction where recipients are located;
• •Establishing and documenting an appropriate lawful basis for processing personal data and sending B2B communications;
• •Providing all required privacy notices and transparency disclosures;
• •Obtaining consent where consent is required by applicable law;
• •Maintaining and honoring suppression lists, opt-out requests, unsubscribe requests, objections to processing, and “do not contact” requests;
• •Ensuring the accuracy, relevance, and lawful source of prospect and contact data supplied to, imported into, or made available through the Services;
• •Reviewing, approving, supervising, and monitoring BDR Agent outputs and outbound communications before or after transmission, as appropriate to Customer’s selected configuration;
• •Configuring outreach campaigns, sending domains, calling numbers, communication channels, geographic restrictions, and user permissions in a legally compliant manner; and
• •Ensuring that Customer personnel and authorized users are trained and authorized to use the BDR Agent.

Customer shall not represent that the Company has reviewed, approved, verified, or legally validated Customer’s outreach campaigns, contact data, recipient lists, or communications.

3. GDPR Roles

To the extent the Company processes personal data on Customer’s behalf in providing the BDR Agent, Customer acts as the controller and the Company acts as the processor, except where applicable law requires a different allocation of roles.

Customer represents and warrants that it has all necessary rights, permissions, notices, and lawful bases to provide personal data to the Company and to instruct the Company to process that data through the BDR Agent.

Customer is responsible for determining whether legitimate interests, consent, contractual necessity, or another lawful basis applies to its specific B2B outreach activities. Customer must also assess whether additional national rules apply, including rules governing electronic marketing, email, SMS, telephone calls, automated communications, cookies, or direct marketing.

The Company will process personal data only on Customer’s documented instructions, except where required otherwise by applicable law or as necessary to provide, secure, maintain, and support the Services in accordance with the Agreement and applicable data processing terms. This allocation reflects the GDPR’s controller-processor framework, though both parties retain any obligations imposed directly on them by law.

4. GDPR Compliance Obligations

Customer shall:

• •Maintain a privacy notice that accurately describes its use of the BDR Agent and its B2B outreach processing activities.
• •Respond to data-subject requests, including access, deletion, objection, restriction, and correction requests, unless the parties’ data-processing agreement states otherwise.
• •Promptly update or remove personal data when necessary to comply with an opt-out, objection, deletion request, or other legal obligation.
• •Conduct any required data-protection impact assessment, legitimate-interest assessment, transfer assessment, or consultation with a supervisory authority.
• •Maintain records necessary to demonstrate compliance with applicable privacy and marketing laws.
• •Ensure that all BDR Agent communications clearly identify Customer or its authorized sender and include an effective opt-out mechanism when required by law.
• •Refrain from instructing the Company to process personal data in a manner that violates GDPR or any other applicable law.

If the Company reasonably believes that a Customer instruction violates applicable law, the Company may suspend the relevant processing or feature use and notify Customer, unless prohibited by law.

5. Company Responsibilities

The Company will maintain reasonable technical and organizational measures designed to protect personal data processed through the BDR Agent, consistent with the Agreement and any applicable data processing agreement.

The Company may provide product controls, such as opt-out handling tools, suppression-list functions, audit logs, permission controls, geographic restrictions, content controls, and rate limits. However, the availability of such controls does not transfer Customer’s responsibility to determine, configure, and use the controls required for Customer’s particular outreach activities.

Nothing in this Addendum limits or excludes either party’s obligations that cannot lawfully be limited or excluded under GDPR or other applicable law. GDPR Article 28 requires a binding controller-processor arrangement that addresses the processing and the parties’ respective obligations.

6. Prohibited Data and High-Risk Use

Customer shall not submit to or process through the BDR Agent:

• •Special-category personal data or sensitive personal information;
• •Personal data of children;
• •Credentials, payment-card data, government-issued identification numbers, or medical information;
• •Data obtained unlawfully, scraped in violation of applicable law or binding contractual restrictions, or acquired without necessary rights; or
• •Personal data used for high-risk profiling, eligibility determinations, or decisions producing legal or similarly significant effects on individuals.

Customer must obtain the Company’s prior written approval before using the BDR Agent in any regulated, high-risk, or highly sensitive context.

7. Audit, Enforcement, and Suspension

Customer shall maintain reasonable records of its BDR Agent usage, campaign settings, data sources, lawful-basis determinations, and opt-out practices, and shall provide information reasonably requested by the Company to investigate suspected misuse.

The Company may suspend, restrict, or terminate Customer’s access to the BDR Agent if the Company reasonably believes Customer’s use may violate this Addendum, the Agreement, applicable law, third-party platform rules, or the rights of any individual.

8. Indemnification

To the maximum extent permitted by applicable law, Customer shall defend, indemnify, and hold harmless the Company and its affiliates, officers, directors, employees, and agents from and against third-party claims, regulatory investigations, penalties, damages, liabilities, and reasonable legal fees arising from or related to:

• •Customer’s unlawful use of the BDR Agent;
• •Customer’s failure to obtain or document an appropriate lawful basis for its outreach or personal-data processing;
• •Customer-provided prospect data, contact lists, outreach instructions, campaign configurations, or communications;
• •Customer’s failure to honor opt-out, unsubscribe, deletion, objection, or suppression requests; or
• •Customer’s breach of this Addendum, the Agreement, or applicable privacy, direct-marketing, electronic-communications, or anti-spam laws.

This indemnity does not apply to the extent a claim results directly from the Company’s breach of its own non-excludable legal obligations, gross negligence, or willful misconduct.

9. Order of Precedence

If there is a conflict between this Addendum and the Agreement, this Addendum controls solely with respect to the BDR Agent’s permitted use, B2B outreach restrictions, and allocation of compliance responsibilities. If there is a conflict between this Addendum and a separately executed data processing agreement, the data processing agreement controls with respect to personal-data processing obligations, unless expressly stated otherwise.

10. Acceptance

By enabling, accessing, or using the BDR Agent, Customer agrees to be bound by this Addendum.