Terms of Service

Effective Date: February 13, 2026

These Terms of Service ("Terms") govern your access to and use of the services provided by ExecClone LLC ("ExecClone," "we," "us," or "our"). By accessing or using our services, you agree to be bound by these Terms.

Entity: ExecClone LLC
Governing Law: State of Missouri
Contact: jnewberry@execclone.com

1. Acceptance of Terms

By creating an account, accessing, or using ExecClone's services, you acknowledge that you have read, understood, and agree to these Terms, our Privacy Policy, EULA, and Acceptable Use Policy.

If you do not agree, you may not use our services.

2. Description of Service

ExecClone provides strategic command intelligence services, including but not limited to:

Email automation and workflow execution
Gmail integration via OAuth
Reply detection and sequence management
Executive decision replication systems

3. Account Registration and Eligibility

Eligibility

You must be at least 18 years old and have the legal capacity to enter into binding contracts. By using our services, you represent and warrant that you meet these requirements.

Account Security

You are responsible for:

Maintaining the confidentiality of your account credentials
All activities that occur under your account
Notifying us immediately of any unauthorized access

4. User Responsibilities

You are solely responsible for:

Compliance with applicable laws, including but not limited to CAN-SPAM Act, GDPR, CCPA, and other anti-spam regulations
Obtaining lawful basis for outreach, including consent or legitimate interest where required
Content legality, ensuring all communications are truthful, non-deceptive, and lawful
Maintaining opt-out mechanisms and honoring unsubscribe requests
Email sending limits and throttling to avoid deliverability issues

5. Prohibited Uses

You may not use ExecClone services to:

Send spam, unsolicited bulk email, or deceptive messages
Violate any applicable laws or regulations
Infringe on intellectual property rights
Transmit malware, viruses, or harmful code
Harass, defame, or impersonate others
Scrape or harvest data without authorization
Interfere with the operation or security of our services

For complete prohibited activities, see our Acceptable Use Policy.

6. Fees and Payment

Subscription Fees

Access to ExecClone services requires payment of subscription fees as set forth in your selected tier. Fees are billed in advance on a recurring basis (monthly or annually).

Non-Refundable

All fees are non-refundable except as required by law or as expressly stated in your service agreement.

Price Changes

We reserve the right to modify pricing with 30 days' notice. Continued use after notice constitutes acceptance of new pricing.

7. Service Availability and Modifications

We strive to provide reliable services but do not guarantee uninterrupted or error-free operation. We reserve the right to:

Modify, suspend, or discontinue services (in whole or in part) at any time
Impose usage limits or throttling
Perform maintenance or upgrades

8. Disclaimer of Warranties

EXECCLONE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.

We explicitly disclaim all warranties, including but not limited to:

Deliverability: We do not guarantee email deliverability, inbox placement, or avoidance of spam filters
Business Outcomes: We make no guarantees regarding revenue, sales, conversions, or any business results
Accuracy: We do not warrant that services will be error-free or that results will be accurate
Third-Party Services: We are not responsible for issues arising from third-party integrations (e.g., Gmail API)

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EXECCLONE LLC'S TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO EXECCLONE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

IN NO EVENT SHALL EXECCLONE BE LIABLE FOR:

Indirect, incidental, special, consequential, or punitive damages
Loss of profits, revenue, data, or business opportunities
Damages arising from third-party services or integrations
Damages resulting from your violation of laws or these Terms

10. Indemnification

You agree to indemnify, defend, and hold harmless ExecClone LLC, its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

Your use or misuse of ExecClone services
Your violation of these Terms or applicable laws
Your infringement of any third-party rights
Content you transmit through our services
Claims arising from your email communications or outreach activities

11. Suspension and Termination Rights

ExecClone's Rights

ExecClone LLC reserves the right to suspend or terminate your account immediately, with or without notice, for:

Violation of these Terms, EULA, or Acceptable Use Policy
Suspected fraudulent, abusive, or unlawful activity
Non-payment of fees
Complaints or legal threats arising from your use
Risk to our systems, reputation, or other users

Your Rights

You may terminate your account at any time by contacting jnewberry@execclone.com. Termination does not entitle you to a refund of prepaid fees.

Effect of Termination

Upon termination:

Your access to services will be immediately revoked
OAuth tokens will be revoked and deleted
Data will be retained or deleted per our Privacy Policy

12. Intellectual Property

All intellectual property rights in ExecClone services, including software, design, trademarks, and content, are owned exclusively by ExecClone LLC. You are granted a limited, non-exclusive, non-transferable license to use our services solely as permitted by these Terms.

You may not:

Copy, modify, reverse engineer, or create derivative works
Sublicense, sell, or redistribute our services
Remove or alter proprietary notices

13. Data Ownership

You retain ownership of your data, including email content and contact information. By using our services, you grant ExecClone a limited license to access, store, and process your data solely to provide services as described in our Privacy Policy.

14. Dispute Resolution

Governing Law

These Terms are governed by the laws of the State of Missouri, without regard to conflict of law principles.

Jurisdiction

Any disputes arising out of or related to these Terms shall be resolved exclusively in the state or federal courts located in Missouri. You consent to the personal jurisdiction of such courts.

Arbitration (Optional)

At ExecClone's sole discretion, disputes may be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

15. Modifications to Terms

We reserve the right to modify these Terms at any time. Changes will be posted on this page with an updated effective date. Continued use of our services after changes constitutes acceptance.

If you do not agree to modified Terms, you must discontinue use of our services.

16. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

17. Entire Agreement

These Terms, together with our Privacy Policy, EULA, and Acceptable Use Policy, constitute the entire agreement between you and ExecClone regarding our services and supersede all prior agreements.

18. Contact Us

For questions or concerns regarding these Terms, contact us:

ExecClone LLC
Email: jnewberry@execclone.com

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