Terms of Service

1. Agreement to Terms

By accessing or using the AirCEO platform ("Service"), operated by Tarquin Barnsby trading as AirCEO ("Company", "we", "us", or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Service. These Terms constitute a legally binding agreement between you ("Operator", "you", or "your") and the Company.

2. B2B Commercial Use Only

AirCEO operates exclusively as a Business-to-Business (B2B) revenue automation utility. You represent and warrant that:

• → You are accessing the Service for commercial, business, or professional purposes only.
• → You are a legal entity or a sole trader acting in a business capacity.
• → All outreach conducted via AirCEO targets business professionals in their professional capacity.
• → You will not use the Service to contact consumers (B2C) under any circumstances without explicit written consent from the Company.

3. Autonomous AI Operation & Liability

AirCEO provides algorithmic orchestration for outbound communication, including email composition, AI-driven sequencing, reply classification, and autonomous follow-up execution. You acknowledge and agree that:

• → You retain ultimate legal liability for all communications dispatched from your assigned domain(s) and inbox(es), regardless of whether those communications were generated by the AirCEO AI system.
• → The Company acts as a data processor; you are the data controller for all prospect data you introduce to the platform.
• → You are solely responsible for ensuring your use of AirCEO is compliant with applicable legislation including, without limitation, the UK Privacy and Electronic Communications Regulations 2003 (PECR), the UK General Data Protection Regulation (UK GDPR), the Data Protection Act 2018, and the Regulation (EU) 2016/679 (GDPR) to the extent applicable.
• → You must maintain a legitimate basis under UK GDPR for processing the personal data of any individual you target via the Service.
• → The Company implements suppression lists and bounced-domain detection as a good-faith technical measure, but this does not transfer legal responsibility from the Operator to the Company.

4. Permitted Use & Prohibited Activities

You agree not to use the Service to:

• ✕ Send unsolicited commercial email (spam) to consumers or in breach of PECR.
• ✕ Conduct deceptive, misleading or fraudulent outreach.
• ✕ Impersonate any person, company, or entity.
• ✕ Harass, threaten, or demean any individual.
• ✕ Transmit any material that is defamatory, obscene, or unlawful.
• ✕ Reverse engineer, decompile, or attempt to extract the source code or AI models of the Service.
• ✕ Resell or sublicense access to the Service without the Company's prior written consent (White-label partners must execute a separate Agency Agreement).
• ✕ Use the Service in any manner that could impair the reputational health of shared email infrastructure.

5. Subscription, Billing & Credits

Access to AirCEO is provided on a subscription basis. The following terms apply to all billing:

• → Subscription fees are charged monthly or annually in advance via the payment method on file.
• → "Air Credits" (Cr) are a consumable resource used for AI model inference, lead enrichment, and autonomous agent operations. Credits are non-refundable and do not roll over between subscription periods.
• → The Company reserves the right to modify pricing with 30 days' written notice to current subscribers.
• → Refunds are provided solely at the Company's discretion and only in cases of demonstrable platform failure. "AI generated results were not as expected" does not constitute grounds for a refund.
• → Subscription management (upgrade, downgrade, cancellation) is available via the Billing Portal accessible at /billing.

6. Data Processing & Privacy

The Company processes personal data in accordance with its Privacy Policy (available at /privacy). By using the Service you acknowledge that:

• → A Data Processing Agreement (DPA) governs the processing of prospect data introduced by the Operator. The DPA is incorporated by reference into these Terms.
• → The Company implements appropriate technical and organisational measures to protect data but cannot guarantee absolute security.
• → Prospect data is stored in Supabase-managed infrastructure within the European Economic Area. Where data is transferred outside the EEA or UK, appropriate safeguards are in place.
• → The Experience Engine's platform-level pattern learning uses anonymised, aggregated signals only. No individual prospect's personal data is shared between Operator accounts.

7. Intellectual Property

All intellectual property rights in and to the Service (including but not limited to the AirCEO AI models, Experience Engine, autonomous agent architecture, user interface, and brand assets) are and shall remain the exclusive property of AirCEO or its licensors. These Terms do not grant you any rights in or to the Company's intellectual property except as expressly set out herein.

The Operator retains all intellectual property rights in the content, data, and outputs generated using their own brand voice, business identity, and BYOK (Bring Your Own Key) API credentials.

8. Limitation of Liability

To the maximum extent permitted by applicable law:

• → The Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of revenue, loss of profits, loss of goodwill, loss of data, or business interruption.
• → The Company's total aggregate liability to you shall not exceed the greater of (i) the total fees paid by you to the Company in the twelve (12) months preceding the claim, or (ii) £100.
• → The Company makes no warranties, express or implied, regarding the Service's fitness for a particular purpose, availability, or that AI-generated outputs will meet your specific commercial requirements.

9. Termination

Either party may terminate these Terms at any time. The Company may suspend or terminate your access immediately and without notice if you breach these Terms, engage in behaviour detrimental to the platform's email infrastructure, or if we are required to do so by law. Upon termination, your right to use the Service ceases immediately. Clauses 3, 5, 7, 8, and 10 survive termination.

10. Governing Law & Dispute Resolution

These Terms and any dispute arising under them shall be governed by and construed in accordance with the laws of England and Wales. You agree to submit to the exclusive jurisdiction of the courts of England and Wales.

Before initiating any formal legal proceedings, the parties agree to attempt to resolve any dispute through good-faith negotiation for a period of 30 days following written notice of the dispute.

11. Modifications

The Company reserves the right to modify these Terms at any time. Material changes will be communicated via email to your registered address with at least 14 days' notice. Continued use of the Service after that period constitutes acceptance of the updated Terms.