Terms of Service

These Terms of Service ("Terms") govern your use of the Dinabite websites, web and desktop apps, browser extension, APIs, MCP server and related services (together, the "Service"). The Service is provided by Dinabite Limited, a company registered in England and Wales (company number 09788163) whose registered office is at 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ, United Kingdom ("Dinabite", "we", "us").

By creating an account, accepting an invitation to a workspace, or using the Service, you agree to these Terms. If you use the Service for an organisation, you agree on its behalf and confirm you are authorised to do so; in that case "you" means the organisation. The Service is for business use and you must be at least 18 to use it.

Dinabite is a marketing, sales and CRM platform with AI built in. Depending on your plan and the features you turn on, it includes:

• a CRM for contacts, companies, deals, tasks, documents and meetings;
• email campaigns, a shared inbox, cold email outreach and LinkedIn outreach;
• social media scheduling, publishing, comments, messages, reviews and ads;
• websites, blogs, forms, lead magnets, booking pages, live chat and website analytics;
• connections to your own accounts, such as Outlook, Google Calendar, Fathom, DocuSign, HubSpot, Stripe and Xero;
• an AI assistant, agents and Autopilot features that can draft, recommend and, where you allow it, act for you.

We change and improve the Service over time. If we remove a feature that is a material part of a paid plan, we will give you reasonable notice where we can.

Your data lives in a workspace. Workspace administrators control who is invited, what each member can do, and which integrations are connected. Keep your sign-in details secure, use multi-factor authentication where we offer it, and tell us promptly if you suspect unauthorised access. You are responsible for activity in your account and workspace.

If you are an agency or reseller managing workspaces for clients, including under your own brand, you are responsible for your clients' use of the Service and for having their authority to manage their workspaces and data. Your clients must also follow these Terms.

"Customer Data" means everything you or your workspace members put into the Service or connect to it: contacts, prospects, messages, files, posts, website visitor data, and data imported from connected accounts. You keep all rights in Customer Data. You give us permission to host, copy, process, transmit and display it only as needed to provide, secure and support the Service, and as you direct (for example, publishing a post or sending an email).

We do not sell Customer Data, and we do not use it to train AI models. Our staff access it only to provide support you ask for, to keep the Service secure, or where the law requires. Support access is logged.

When Customer Data includes personal data, you are the controller and we act as your processor. The Data Processing Terms in section 15 apply and form part of these Terms.

You are responsible for making sure that your use of the Service is lawful. In particular, you must:

• have a lawful basis for collecting and using the personal data you add, import, enrich or find through the Service, including prospects found through LinkedIn search, email finding or list building;
• follow the marketing laws that apply to your messages, such as the UK GDPR, the Privacy and Electronic Communications Regulations (PECR), the EU GDPR and ePrivacy rules, CAN-SPAM and the TCPA. This includes getting consent where the law needs it, identifying yourself, and honouring opt-outs promptly;
• give the people you collect data from the notices they are entitled to. If you install Dinabite tracking, session replay, heatmaps, company identification or live chat on a website, your website's privacy and cookie notices must cover them, and you must get consent where the law requires it;
• only connect accounts (mailboxes, calendars, social profiles, LinkedIn, ad accounts) that you own or are authorised to use, and follow those platforms' terms;
• not upload special category data (such as health data), criminal records data, payment card numbers or government ID numbers unless a feature is designed for it.

• Sending rules: We apply daily sending limits, warm-up, suppression lists and unsubscribe handling. We may pause a mailbox, sequence, domain or workspace without notice if bounce rates, spam complaints or blocklist reports put deliverability or the Service at risk, or if we believe sending breaks the law or these Terms.
• Mailboxes and domains we set up for you: If you buy sending domains or mailboxes through the Service, we arrange them with our providers (such as domain registrars, Microsoft and specialist mailbox providers) for your use. They remain subject to those providers' terms and may be suspended by them. We will help you transfer a domain you have paid for if you leave, where the registrar allows it.
• LinkedIn: LinkedIn outreach runs through your own LinkedIn account. LinkedIn restricts automated activity and may limit or suspend accounts. You use LinkedIn features at your own risk, and we are not responsible for action LinkedIn takes on your account.
• SMS and WhatsApp: You must have the consent or other lawful basis needed to message each recipient, and follow carrier and Meta policies.

• Review what AI produces: AI output (drafts, replies, images, videos, research, prospect lists, deal suggestions, summaries) can be wrong, incomplete or similar to content made for others. Check it before relying on it, and make sure anything you publish or send is accurate and lawful.
• Actions taken for you: Autopilot, agents, automations and connected AI assistants can post, reply, send email, enrol contacts and book meetings, but only when you or your administrators have switched those features on or approved the action. Those actions are treated as yours.
• Usage limits: AI features use credits or usage limits set by your plan. We may limit use that is excessive or that harms the Service.
• AI providers: We send the data an AI feature needs to the model providers listed in our Privacy Policy.

When you connect a third-party account, you authorise us to access it on your behalf to provide the features you use: for example, reading mail, contacts and calendar events from Outlook; managing calendar availability in Google or Microsoft calendars; importing call notes and transcripts from Fathom; sending envelopes through DocuSign; importing from HubSpot; or publishing to social networks. You can disconnect at any time.

Third-party services are provided by their operators under their own terms and privacy policies. We are not responsible for them, for changes to their APIs, or for their outages, and we may have to change or end an integration if a provider changes or withdraws access.

You must not use the Service to:

• send spam, or messages to purchased or scraped lists where you have no lawful basis to contact the recipients;
• send deceptive, harassing, defamatory, discriminatory or unlawful content, or impersonate anyone;
• publish AI-generated images, video or audio of a real person without their permission;
• distribute malware, run phishing, or attempt to gain unauthorised access to any system or account;
• get around sending limits, suppression lists, unsubscribe links or security controls;
• overload, disrupt, reverse engineer or scrape the Service, except where the law allows it;
• infringe anyone's intellectual property, privacy or other rights;
• resell the Service without our agreement, other than through an agency plan.

• Subscriptions: Paid plans, seats and add-ons (such as mailboxes, domains, outreach seats, extra AI usage and research lookups) are billed in advance through Stripe and renew automatically until cancelled. Prices are shown in the app or on our pricing page and exclude VAT and other taxes unless stated.
• Changes: We will give you at least 30 days' notice of a price increase for an existing subscription. It applies from your next renewal.
• Cancellation: You can cancel at any time. Cancellation takes effect at the end of the current billing period. Fees already paid are not refundable, except where these Terms or the law say otherwise. Domains are usually non-refundable once registered.
• Late payment: If a payment fails, we may limit or suspend paid features after giving you notice and a chance to pay.

If you sell products, bookings or tickets through the Service, payments go through your own Stripe account. You are the seller and are responsible for your products, pricing, refunds, taxes, chargebacks and customer service. Stripe's terms apply to your Stripe account.

We and our licensors own the Service, including its software, design and templates. These Terms give you a right to use the Service while your subscription is active; they do not transfer ownership. If you send us feedback or suggestions, we may use them without any obligation to you.

Each of us will keep the other's confidential information confidential and use it only for the purposes of these Terms, except where disclosure is required by law. Customer Data is your confidential information.

You can stop using the Service, cancel your subscription, or ask us to close your workspace or account at any time. We may suspend or end your access if you materially breach these Terms and do not fix the breach after notice, if you fail to pay, or straight away where needed to protect the Service, other customers, recipients or the law.

You can export your data while your account is active. When a workspace is closed, we archive it: it can no longer be used, but its data is kept so it can be restored if you return. If you want the data erased permanently, email us and we will erase it within one month, except where we must keep it by law (such as billing records). Sections that by their nature should continue after termination will continue.

This section applies where we process personal data for you as your processor under the UK GDPR, the EU GDPR or similar laws.

• Scope: We process personal data in Customer Data to provide the Service, for as long as you use it. The data may relate to your contacts, prospects, customers, website visitors, message recipients, meeting participants and team members, and may include names, contact details, job and company details, message content, call notes, and online identifiers.
• Instructions: We process it only on your documented instructions, which are these Terms and your use and configuration of the Service, unless the law requires otherwise. We will tell you if we think an instruction breaks data protection law.
• Confidentiality and security: Our staff and contractors are bound by confidentiality. We maintain appropriate technical and organisational measures, including encryption in transit, encryption of connection credentials at rest, access controls and logging.
• Sub-processors: You authorise us to use the sub-processors listed in our Privacy Policy. We will update that list before we add or replace a sub-processor, and you may object on reasonable data protection grounds. We impose data protection obligations on sub-processors equivalent to these, and we remain responsible for them.
• Assistance: We will help you, taking into account the nature of the processing, to respond to requests from individuals, and with security, breach notification, data protection impact assessments and consultation with regulators.
• Breaches: We will notify you without undue delay after becoming aware of a personal data breach affecting Customer Data.
• International transfers: Where we transfer personal data outside the UK or EEA, we use a lawful transfer mechanism, such as an adequacy decision, the UK Extension to the EU-US Data Privacy Framework, the UK International Data Transfer Agreement or Addendum, or the EU Standard Contractual Clauses.
• Deletion and audits: At the end of the Service, we return Customer Data through export and erase it on request, as described in section 14. We will make available the information reasonably needed to show we comply with this section, and allow for reasonable audits on reasonable notice, no more than once a year unless a regulator requires it.

We will provide the Service with reasonable skill and care. Apart from that, and to the extent the law allows, the Service is provided "as is". We do not promise that it will be uninterrupted or error-free, that emails will reach inboxes, that posts or ads will perform, or that AI output or third-party data (such as prospect or company data) will be accurate.

Nothing in these Terms limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot be limited by law.

Subject to that, neither of us is liable for loss of profits, revenue, business, goodwill or anticipated savings, or for any indirect or consequential loss. Our total liability arising out of or in connection with these Terms in any 12-month period is limited to the greater of the fees you paid us in the 12 months before the claim and £100.

You will indemnify us against claims, losses and reasonable costs (including legal fees) arising from Customer Data, from messages you send or content you publish through the Service, or from your breach of these Terms or of the law.

We may update these Terms. For material changes we will give you at least 30 days' notice by email or in the app, unless the change is required by law or for security, in which case it may apply sooner. If you do not agree to a change, you can cancel before it takes effect. Otherwise the updated Terms apply from that date.

These Terms, together with any order or plan terms you accept, are the whole agreement between us about the Service. Neither of us is liable for delays caused by events beyond our reasonable control. You may not transfer these Terms without our consent; we may transfer them to a company that takes over the Service. If any part of these Terms is found to be unenforceable, the rest stays in force. No one other than you and us has any right to enforce these Terms under the Contracts (Rights of Third Parties) Act 1999.

These Terms are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction over any dispute arising from them.

Questions about these Terms can be sent to:

will@dinabite.ai