Terms of Service

Effective date: March 11, 2026 · Last updated: March 11, 2026

Welcome to ercel. These Terms of Service ("Terms") govern your access to and use of the ercel platform, website, and related services (collectively, the "Service") operated by ercel ("we," "us," or "our"). By creating an account or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

Please read these Terms carefully. They contain important information about your rights, obligations, and the limitations that apply to your use of the Service.

1. Service Description

ercel is an AI-powered outreach platform designed for B2B agencies. The Service enables users to research prospects, generate personalized outreach emails using artificial intelligence, manage multi-step email campaigns, and track engagement analytics. The Service includes features such as prospect discovery, website analysis, AI-generated email content, campaign automation, and performance reporting.

We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice. We will make reasonable efforts to notify users of material changes that affect their use of the Service.

2. Account Terms

To use the Service, you must create an account and provide accurate, complete, and current information. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.

  • You must be at least 18 years of age or the age of majority in your jurisdiction to use the Service.
  • You must provide a valid email address and accurate business information during registration.
  • You are responsible for all activity that occurs under your account, including actions taken by team members you invite to your organization.
  • You must notify us immediately at support@ercel.ai if you become aware of any unauthorized use of your account.
  • A single person or legal entity may not maintain more than one free trial account. We reserve the right to terminate duplicate accounts.

3. Acceptable Use

You agree to use the Service only for lawful purposes and in compliance with all applicable laws and regulations. In particular, you agree to the following:

3.1 Email Compliance

  • You must comply with the CAN-SPAM Act, the General Data Protection Regulation (GDPR), the Canadian Anti-Spam Legislation (CASL), and all other applicable anti-spam and data protection laws in the jurisdictions where your recipients are located.
  • You must not send unsolicited bulk email (spam) or emails to purchased, scraped, or otherwise improperly obtained email lists.
  • All emails sent through the Service must include a functioning unsubscribe mechanism, and you must honor unsubscribe requests promptly.
  • You must accurately identify yourself or your agency in all outreach communications and include a valid physical mailing address as required by law.

3.2 Prohibited Activities

You may not use the Service to:

  • Send deceptive, misleading, fraudulent, or harassing communications.
  • Distribute malware, phishing links, or other harmful content.
  • Impersonate any person or entity or misrepresent your affiliation with any person or entity.
  • Interfere with or disrupt the integrity or performance of the Service or its underlying infrastructure.
  • Attempt to gain unauthorized access to the Service, other user accounts, or any related systems or networks.
  • Resell, sublicense, or provide access to the Service to third parties without our prior written consent.
  • Use the Service in any manner that could damage, disable, or impair the Service or interfere with other users' experience.

We reserve the right to suspend or terminate your account if we determine, in our sole discretion, that you have violated these acceptable use provisions.

4. Subscription and Billing

4.1 Plans and Pricing

The Service is offered on a subscription basis with multiple plan tiers. Current pricing and plan details are available on our pricing page. Each plan includes specific monthly limits for prospects, emails, AI credits, and team members.

4.2 Free Trial

New accounts may be eligible for a free trial period. At the end of the trial, you must subscribe to a paid plan to continue using the Service. We will notify you before your trial expires. If you do not subscribe, your access to the Service will be restricted.

4.3 Payment Processing

All payments are processed securely through Stripe, our third-party payment processor. By subscribing to a paid plan, you authorize us to charge your designated payment method on a recurring basis. You are responsible for maintaining valid and current payment information.

4.4 Auto-Renewal

Subscriptions automatically renew at the end of each billing cycle unless you cancel before the renewal date. The renewal charge will be at the then-current rate for your plan. We will provide reasonable notice of any pricing changes before they take effect.

4.5 Cancellation and Refunds

You may cancel your subscription at any time through your account settings. Upon cancellation, your subscription will remain active until the end of the current billing period. We do not provide prorated refunds for partial billing periods. Unused plan limits (prospects, emails, AI credits) do not roll over between billing cycles.

4.6 Plan Limits

Each plan has defined usage limits. If you exceed your plan limits, certain features may be restricted until the next billing cycle or until you upgrade to a higher-tier plan. We will notify you when you are approaching or have reached your plan limits.

5. AI-Generated Content

The Service uses artificial intelligence to research prospects and generate email content. By using these features, you acknowledge and agree to the following:

  • No guarantee of accuracy. AI-generated research summaries, prospect analysis, and email content are produced by machine learning models and may contain inaccuracies, errors, or outdated information. We do not warrant the accuracy, completeness, or reliability of any AI-generated output.
  • User responsibility to review. You are solely responsible for reviewing, editing, and approving all AI-generated content before it is sent to any recipient. You must verify that all outreach emails are accurate, truthful, appropriate, and compliant with applicable laws before sending.
  • No liability for AI output. We are not liable for any damages, losses, or legal consequences arising from your use of or reliance on AI-generated content, including but not limited to claims of defamation, copyright infringement, or regulatory violations.
  • Content ownership. Subject to the intellectual property provisions in Section 7, you retain ownership of the final email content you create and send using the Service, including AI-assisted drafts that you have reviewed and approved.

6. Data and Privacy

Your privacy is important to us. Our collection, use, and protection of personal data is governed by our Privacy Policy, which is incorporated into these Terms by reference.

  • Your data. You retain all rights to the data you upload or input into the Service, including prospect information, campaign content, and organization data.
  • Data processing. By using the Service, you grant us a limited license to process your data solely for the purpose of providing and improving the Service. This includes sending your prospect data to our AI providers for research and email generation.
  • Data security. We implement industry-standard security measures to protect your data, including encryption in transit and at rest. However, no method of electronic transmission or storage is completely secure, and we cannot guarantee absolute security.
  • Data portability. You may export your data from the Service at any time. Upon account termination, we will retain your data for a reasonable period to allow for export, after which it will be securely deleted.
  • Third-party processors. We use third-party services (including Stripe for payments, AI model providers for content generation, and email delivery services) that may process your data in accordance with their respective privacy policies.

7. Intellectual Property

The Service, including its design, features, functionality, source code, documentation, trademarks, logos, and all related intellectual property, is and remains the exclusive property of ercel and its licensors. Nothing in these Terms grants you any right, title, or interest in the Service beyond the limited right to use it in accordance with these Terms.

  • You may not copy, modify, distribute, sell, or lease any part of the Service or its underlying technology.
  • You may not reverse-engineer, decompile, or disassemble the Service, except to the extent permitted by applicable law.
  • Any feedback, suggestions, or ideas you provide about the Service may be used by us without obligation or compensation to you.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

IN NO EVENT SHALL ERCEL, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities, so some of the above limitations may not apply to you. In such cases, our liability will be limited to the fullest extent permitted by applicable law.

9. Indemnification

You agree to indemnify, defend, and hold harmless ercel and its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with:

  • Your use of the Service or any content you send through the Service.
  • Your violation of these Terms or any applicable law.
  • Your violation of any third-party rights, including intellectual property, privacy, or anti-spam rights.
  • Any claim by a third party arising from emails or other communications you send using the Service.

10. Termination

Either party may terminate this agreement at any time. You may terminate by canceling your subscription and closing your account through the account settings page.

We may suspend or terminate your account immediately, without prior notice, if:

  • You breach any provision of these Terms.
  • Your use of the Service poses a security risk or may cause harm to other users or third parties.
  • Your account has been inactive for an extended period, subject to reasonable notice.
  • We are required to do so by law or regulatory order.

Upon termination, your right to use the Service will cease immediately. Sections that by their nature should survive termination shall remain in effect, including but not limited to provisions regarding intellectual property, limitation of liability, indemnification, and governing law.

11. Changes to Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will notify you by email, through the Service, or by posting a prominent notice on our website at least thirty (30) days before the changes take effect.

Your continued use of the Service after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must stop using the Service and cancel your account before the changes take effect.

12. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with applicable laws, without regard to conflict of law principles. Any disputes arising out of or relating to these Terms or the Service shall be resolved through good-faith negotiation between the parties. If a dispute cannot be resolved through negotiation within thirty (30) days, either party may pursue resolution through binding arbitration or in a court of competent jurisdiction.

13. General Provisions

  • Entire agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between you and ercel regarding the Service and supersede all prior agreements.
  • Severability. If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.
  • Waiver. Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.
  • Assignment. You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights and obligations without restriction.
  • Force majeure. We shall not be liable for any failure or delay in performing our obligations due to circumstances beyond our reasonable control, including natural disasters, acts of government, internet disruptions, or third-party service outages.

14. Contact Information

If you have any questions about these Terms of Service, please contact us at:

support@ercel.ai