Terms of service
These terms govern your use of Honeytrail's AI-powered client prospecting platform.
Last updated: January 2025
These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and DigitalSurge ("Company," "we," "us," or "our"), governing your access to and use of the Honeytrail platform, website, applications, and related services (collectively, the "Services").
By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and "you" and "your" will refer to that organization.
If you do not agree to these Terms, you must not access or use the Services. We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by updating the "Last updated" date and, where appropriate, providing additional notice. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms.
Honeytrail provides an AI-powered client prospecting platform that includes the following features and capabilities:
The specific features available to you may depend on your subscription plan and any additional services you have purchased.
To use certain features of the Services, you must register for an account. When registering, you agree to provide accurate, current, and complete information about yourself and your organization. You must promptly update this information to keep it accurate, current, and complete.
You are responsible for maintaining the confidentiality of your account credentials, including your password and any API keys. You agree to notify us immediately of any unauthorized access to or use of your account. You are responsible for all activities that occur under your account, whether or not you have authorized such activities.
You must be at least 18 years old to use the Services. By creating an account, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into these Terms.
You agree to use the Services only for lawful purposes and in accordance with these Terms. You agree not to:
When using the Services to send emails, you agree to comply with all applicable laws and regulations, including:
You are responsible for ensuring that your use of the Services complies with all applicable data protection laws, including GDPR, CCPA, and other relevant regulations. This includes obtaining necessary consents, providing required notices, and fulfilling data subject rights requests related to personal data you process using the Services.
"User Content" means any data, text, templates, messaging, lead lists, or other content that you upload, submit, or otherwise provide to the Services. You retain all ownership rights in your User Content. By uploading User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, store, process, and display your User Content solely as necessary to provide the Services to you.
You are solely responsible for your User Content and the consequences of uploading, sharing, or transmitting it through the Services. You represent and warrant that you have all necessary rights to your User Content and that your User Content does not violate any third party's intellectual property rights, privacy rights, or other legal rights.
The Services may generate content using artificial intelligence based on your inputs, User Content, and lead data. You acknowledge that AI-generated content may not always be accurate, appropriate, or suitable for your purposes. You are responsible for reviewing and approving all AI-generated content before it is sent, and you assume full responsibility for any content you choose to send.
To the extent that we process personal data on your behalf, we act as a data processor and you act as a data controller. We will process such data only in accordance with your documented instructions and applicable law. Additional terms regarding data processing may be set forth in a separate Data Processing Agreement.
Access to certain features of the Services requires a paid subscription. We offer various subscription plans with different features, credit allocations, and pricing. Details of current plans are available on our website. We reserve the right to modify our subscription plans, features, and pricing at any time, with reasonable notice to existing subscribers.
The Services operate on a credit-based system. Credits are consumed when you use certain features, such as unlocking lead data, enriching contact information, or accessing premium signals. Credit costs for various actions are displayed in the platform. Credits included in subscription plans typically do not roll over to subsequent billing periods unless otherwise specified.
You agree to pay all fees associated with your subscription and any additional credits or services you purchase. All fees are non-refundable unless otherwise specified or required by law. We use third-party payment processors to process payments. By providing payment information, you authorize us to charge your payment method for all fees incurred.
Subscriptions automatically renew for successive periods of the same duration unless you cancel before the renewal date. You may cancel your subscription at any time through your account settings or by contacting us. Cancellation will take effect at the end of the current billing period.
All fees are exclusive of taxes, levies, or duties imposed by taxing authorities, and you are responsible for paying all such taxes, levies, or duties, excluding only taxes based on our net income.
The Services and all content, features, and functionality thereof, including but not limited to all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement, are owned by us, our licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services for your internal business purposes during the term of your subscription.
You may not copy, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of our intellectual property, except as expressly permitted by these Terms or with our prior written consent.
If you provide us with any feedback, suggestions, or ideas regarding the Services ("Feedback"), you grant us a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate such Feedback into the Services without any obligation to you.
The Services may integrate with or provide access to third-party services, applications, or websites. These third-party services are not under our control, and we are not responsible for their content, privacy practices, or availability. Your use of third-party services is subject to the terms and conditions of those services. We do not endorse or assume any responsibility for any third-party services.
When you connect third-party services to your Honeytrail account, you authorize us to access and use data from those services as necessary to provide the Services. You are responsible for ensuring that your use of connected services complies with the terms of those services.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE DO NOT GUARANTEE ANY SPECIFIC RESULTS FROM YOUR USE OF THE SERVICES. THE SUCCESS OF YOUR OUTBOUND CAMPAIGNS DEPENDS ON MANY FACTORS OUTSIDE OUR CONTROL, INCLUDING THE QUALITY OF YOUR MESSAGING, THE RELEVANCE OF YOUR TARGETING, AND MARKET CONDITIONS. AI-GENERATED CONTENT IS PROVIDED AS A STARTING POINT AND MAY REQUIRE MODIFICATION.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OUR AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; (C) ANY CONTENT OBTAINED FROM THE SERVICES; OR (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO US DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above limitations may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any implied warranty or limit our liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
You agree to indemnify, defend, and hold harmless DigitalSurge and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to attorney's fees) arising from: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of any third party's rights, including intellectual property rights or privacy rights; (d) your User Content; (e) any messages sent through the Services using your account; or (f) your violation of any applicable law or regulation.
You may terminate your account at any time by using the account deletion feature in your account settings or by contacting us. Upon termination, your right to use the Services will immediately cease.
We may suspend or terminate your access to the Services at any time, with or without cause, and with or without notice. Reasons for termination may include, but are not limited to: (a) breach of these Terms; (b) a request by you; (c) a request or order from law enforcement or other government agencies; (d) discontinuance or material modification of the Services; (e) unexpected technical or security issues; (f) extended periods of inactivity; or (g) non-payment of fees.
Upon termination: (a) all rights granted to you under these Terms will immediately cease; (b) you must cease all use of the Services; (c) you will remain liable for any outstanding fees or charges; and (d) we may delete your account and User Content. Sections of these Terms that by their nature should survive termination will survive, including but not limited to ownership provisions, warranty disclaimers, indemnification, and limitations of liability.
These Terms and any dispute arising out of or related to these Terms or the Services shall be governed by and construed in accordance with the laws of the State of Texas, without giving effect to any choice or conflict of law provision or rule.
In the event of any dispute, claim, or controversy arising out of or relating to these Terms or the Services, you agree to first attempt to resolve the dispute informally by contacting us. If the dispute is not resolved within thirty (30) days after submission, either party may proceed to binding arbitration as set forth below.
Any dispute not resolved through informal negotiation shall be finally resolved by binding arbitration in accordance with the American Arbitration Association's Commercial Arbitration Rules. The arbitration shall be conducted in Austin, Texas. The arbitrator's decision shall be binding and may be entered as a judgment in any court of competent jurisdiction.
YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire agreement between you and us regarding the Services and supersede all prior agreements and understandings, whether written or oral.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions will remain in effect. The invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
You may not assign or transfer these Terms or your rights hereunder, in whole or in part, without our prior written consent. We may assign these Terms at any time without notice to you. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
We may provide notices to you via email to the address associated with your account, through the Services, or by posting on our website. You agree that such notices will be deemed effective upon sending or posting. Notices to us should be sent to the contact information provided below.
We shall not be liable for any failure or delay in performing our obligations under these Terms where such failure or delay results from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.
You agree to comply with all applicable export and import control laws and regulations, including the Export Administration Regulations, International Traffic in Arms Regulations, and economic sanctions programs administered by the Office of Foreign Assets Control.
If you have questions about these Terms or the Services, please contact us:
We will respond to your inquiries within a reasonable timeframe.