Terms and conditions

1. Introduction
   These Terms and Conditions (“Terms”) govern your use of services provided by OutMax (by Utopian, Inc.) (“OutMax”, “we”, “us”, or “our”), a company based in California, with its registered office located at 3790 El Camino Real # 1196, Palo Alto, California, 94306. By accessing and using our services, you accept these Terms. If you do not agree to any part of the Terms, you are not permitted to use our services.

2. Services
   OutMax offers lead generation solutions, including email-based sales prospecting campaigns. Our services comprise:

• Creation of dedicated internet domains and email accounts
• Contact sourcing for promotional purposes
• Sales outreach message copywriting
• Automated outreach execution to newly sourced leads

3. Eligibility
   You must be 18 years or older to use OutMax’s services. By accepting these Terms, you confirm that you meet the age requirement.

4. Subscription and Payment

4.1 Minimum Commitment: By utilizing our services, you agree to a minimum service term of three (3) months (“Minimum Term”).

4.2 Fees: You agree to pay the monthly fees as outlined in your service agreement. Payments are facilitated through Stripe.

4.3 Refund Policy: Should you cancel your service within three (3) business days of registration and no work has been performed, a full refund will be issued. After this window, all payments are final and non-refundable.

5. Client Responsibilities
   You are responsible for providing all necessary information, feedback, input, and approvals required for the effective delivery of our services, including but not limited to:

• Information regarding your business
• Sample marketing materials
• Campaign objectives for lead generation
• Accurate completion of the OutMax onboarding form

6. Confidentiality
   Both parties agree to protect and maintain the confidentiality of any proprietary information exchanged during the service engagement. This includes, but is not limited to, lead generation strategies, client details, and the content of the service agreement.

7. Data and Records Management
   You are solely responsible for the management and storage of data and records associated with the leads generated through our services. OutMax does not retain or back up any data records.

8. Intellectual Property
   All content, including trademarks, copyrights, business processes, methods, documents, and designs provided by OutMax, remain the property of OutMax.

9. No Warranty
   Our services are provided on an “as is” basis, without any express or implied warranties.

10. Limitation of Liability
    OutMax shall not be held liable for any indirect, special, consequential, incidental, or punitive damages that may arise from the use of our services.

11. Indemnification
    You agree to indemnify and hold OutMax harmless from any claims, actions, or legal proceedings resulting from your violation of these Terms or your use of our services.

12. Termination
    After the Minimum Term has been fulfilled, either party may terminate the agreement by providing written notice at least ten (10) days before the conclusion of the current billing cycle.

13. Governing Law and Dispute Resolution
    These Terms are governed by the laws of California. Any disputes arising will be resolved through arbitration under the Commercial Arbitration Rules for Expedited Procedure of the American Arbitration Association.

14. Changes to Terms
    We reserve the right to amend these Terms at any time. Notice will be provided for any significant changes.

15. Contact Us
    If you have any questions regarding these Terms, please reach out to us at [email protected].