Terms of Service

1. Agreement to These Terms

These Terms of Service ("Terms") are a binding agreement between you ("you", "your", or "Customer") and Adelante Software, LLC ("Adelante", "we", "us", or "our") governing your access to and use of the Adelante websites, applications, APIs, and related services (collectively, the "Services"). By creating an account, clicking to accept, or otherwise accessing or using the Services, you agree to these Terms. If you do not agree, do not use the Services.

If you use the Services on behalf of a business or other organization, you represent that you are authorized to bind that organization to these Terms, and "you" refers to that organization.

2. Eligibility and Accounts

You must be at least 18 years old and able to form a binding contract to use the Services. To use most features you must create an account. You agree to provide accurate information, keep it current, and keep your login credentials confidential. You are responsible for all activity that occurs under your account, including activity by your team members and anyone you invite.

You must notify us promptly of any unauthorized use of your account. We are not liable for any loss arising from unauthorized use of your account that results from your failure to safeguard your credentials.

3. The Services and License to Use

Subject to these Terms and your payment of any applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Services for your internal business purposes during your subscription term. We may update, improve, or modify the Services over time. We may also add, change, or remove features, provided we do not materially reduce the core functionality of a paid plan you are then paying for without reasonable notice.

4. Plans, Free Plan, and Subscriptions

The Services are offered under a free plan and under paid subscription plans (currently Starter, Pro, and Agency), plus optional add-on modules such as Lead Finder, the AI Website Builder, and Audiences. The features, usage limits, and prices for each plan and add-on are described on our pricing page and in the product.

The free plan is available for as long as we offer it and is not a time-limited trial. We may change the features and limits of the free plan, and we reserve the right to discontinue it on reasonable notice. Paid plans and add-ons are subscriptions that continue until cancelled.

5. Fees, Billing, and Renewal

Paid plans and add-ons are billed in advance on a recurring basis (monthly unless otherwise stated at checkout) through our third-party payment processor, Stripe. By subscribing, you authorize us and Stripe to charge your payment method for the then-current fees, plus applicable taxes, on each renewal date.

• Auto-renewal: Your subscription automatically renews at the end of each billing period at the then-current price until you cancel.
• Cancellation: You may cancel at any time from your account settings. Cancellation takes effect at the end of the current billing period; you retain paid access until then.
• No partial refunds: Except where required by law or expressly stated by us, fees are non-refundable and we do not provide refunds or credits for partial billing periods, unused time, or unused capacity.
• Price changes: We may change our prices. We will give you advance notice, and changes take effect on your next renewal. Continuing to use a paid plan after a price change takes effect constitutes acceptance of the new price.
• Taxes: Fees are exclusive of taxes. You are responsible for all applicable sales, use, VAT, and similar taxes, other than taxes based on our net income.
• Failed payments: If a charge fails, we may retry, and we may suspend or downgrade your paid features until payment is received.

6. Add-On Modules

Optional modules (including Lead Finder, the AI Website Builder, and Audiences) are billed separately from your base plan and are subject to their own usage limits described in the product and on the pricing page. Add-ons renew and can be cancelled on the same terms as your subscription. Some add-on capabilities may depend on your base plan tier.

7. Acceptable Use

You are solely responsible for how you use the Services and for your compliance with all laws that apply to your business, your content, and your communications. You agree not to, and not to allow any user to:

• Send spam or unlawful, deceptive, harassing, or misleading messages;
• Violate any applicable communications, marketing, or privacy law, including the CAN-SPAM Act, the Telephone Consumer Protection Act (TCPA), state telemarketing and messaging laws, the GDPR, and the CCPA/CPRA, where applicable;
• Contact recipients without a lawful basis or required consent, or fail to honor opt-out and unsubscribe requests;
• Upload or distribute content that is illegal, infringing, defamatory, or that violates the rights of others;
• Attempt to gain unauthorized access to the Services, interfere with their operation, circumvent usage limits, or probe or scan for vulnerabilities;
• Reverse engineer, resell, or provide the Services to third parties except as expressly permitted (for example, agency use of an applicable plan);
• Use the Services to build a competing product or to train a competing machine-learning model.

You are responsible for obtaining all consents and permissions required for the contacts, recipients, and data you load into or send through the Services, and for honoring all opt-out, do-not-contact, and deletion requests.

8. Your Content and Data

"Customer Content" means the data, text, files, contacts, website content, and other materials you or your users submit to or create with the Services. As between you and us, you own your Customer Content. You grant us a worldwide, non-exclusive license to host, copy, process, transmit, and display Customer Content solely as needed to provide, secure, and improve the Services and to comply with law.

You represent that you have the necessary rights to your Customer Content and that it, and our use of it as permitted here, does not violate any law or third-party right. You are responsible for the accuracy and legality of your Customer Content and for maintaining your own backups of anything important to you.

9. Websites You Build; Ownership and Export

If you use the AI Website Builder, the website content and design you create are your Customer Content. You may export your site or hand it off to a developer as described in the product. Hosting of a published site depends on an active applicable subscription or add-on; if it lapses, hosting may stop, but your right to your exported content is unaffected.

10. Third-Party Integrations

The Services can connect to third-party platforms you authorize (for example, Google Business Profile, Google Search, Gmail, Microsoft 365, Facebook and Instagram, TikTok, Twilio, HubSpot, and ServiceTitan). Your use of any third-party platform is governed by that platform's own terms and policies, and we are not responsible for third-party services. You can connect and disconnect integrations at any time, and we may suspend an integration to protect the Services or to comply with a provider's requirements. Third-party platforms may change or discontinue their APIs, which can affect related features.

11. Google Account Connection and Email Sending

If you connect a Google account, you authorize Adelante to use the granted OAuth permissions to send email messages on your behalf through Google services. Adelante requests send-only access for this integration and does not request inbox read access. You are responsible for ensuring that all recipients, templates, message content, and campaigns comply with applicable law and Google's policies. You may revoke access at any time from your Google account permissions or by disconnecting the integration in Adelante; revocation may disable related sending features. Email delivery depends on factors outside our control, including provider outages and recipient filtering, and is not guaranteed.

12. AI Features

Certain features use artificial intelligence to generate drafts, suggestions, and other output ("AI Output"). AI Output can be inaccurate, incomplete, or unsuitable for your purpose. You are responsible for reviewing AI Output before you rely on, publish, or send it, and you are responsible for the content you ultimately use. We make no warranty that AI Output is accurate, original, or non-infringing, and AI Output does not constitute legal, financial, or other professional advice.

13. Privacy

Our collection and use of personal information, including information obtained through connected integrations, is described in our Privacy Policy, which is incorporated into these Terms by reference. By using the Services, you acknowledge those data practices. If you are subject to data-protection laws that require a data processing agreement, contact us.

14. Intellectual Property

The Services, including all software, features, designs, and content we provide (excluding Customer Content), and all related intellectual property, are and remain owned by Adelante and our licensors. Except for the limited rights expressly granted to you, we reserve all rights. The Adelante name, logo, and brand are our trademarks and may not be used without our prior written permission.

If you provide feedback or suggestions about the Services, you grant us a perpetual, irrevocable, royalty-free license to use that feedback for any purpose without obligation to you.

15. Suspension and Termination

You may stop using the Services and cancel your subscription at any time. We may suspend or terminate your access, in whole or in part, if you materially breach these Terms (including the Acceptable Use section), if required by law, if your payment fails, or if your use poses a security, legal, or operational risk to us or others. Where practical and appropriate, we will give notice and an opportunity to cure.

On termination, your right to use the Services ends. For a reasonable period after termination (unless prohibited by law or unless termination is for cause involving unlawful activity), you may request an export of your Customer Content, after which we may delete it in the ordinary course. Sections that by their nature should survive termination (including fees accrued, intellectual property, disclaimers, limitation of liability, and indemnification) will survive.

16. Disclaimers

The Services are provided "AS IS" and "AS AVAILABLE" without warranties of any kind, whether express, implied, or statutory, including any 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, or secure, that defects will be corrected, or that the Services will meet your requirements or produce any particular business result. Some jurisdictions do not allow certain warranty exclusions, so some of the above may not apply to you.

17. Limitation of Liability

To the fullest extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business, arising out of or related to these Terms or the Services, even if advised of the possibility of such damages.

To the fullest extent permitted by law, our total aggregate liability arising out of or related to these Terms or the Services will not exceed the greater of (a) the amount you paid us for the Services in the twelve (12) months before the event giving rise to the claim, or (b) one hundred U.S. dollars ($100). These limitations apply regardless of the theory of liability and form the basis of the bargain between us.

18. Indemnification

You agree to defend, indemnify, and hold harmless Adelante and its officers, employees, and agents from and against any claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to: (a) your Customer Content; (b) your use of the Services; (c) your violation of these Terms or of any law; and (d) your communications, campaigns, or outreach, including any claim that they violate anti-spam, telemarketing, messaging, consumer-protection, or privacy laws.

19. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Nevada, without regard to its conflict of laws rules. The parties will first attempt to resolve any dispute informally. If a dispute is not resolved within thirty (30) days, it will be finally resolved by binding arbitration seated in Washoe County, Nevada, under the applicable Nevada arbitration statutes, except that either party may seek injunctive relief in a court of competent jurisdiction for infringement or misuse of intellectual property or confidential information. To the extent any dispute proceeds in court, the state and federal courts located in Washoe County, Nevada have exclusive jurisdiction and venue, and each party consents to that jurisdiction.

20. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will provide reasonable notice, such as by posting the updated Terms with a new "Last updated" date or by notifying you in the product or by email. Changes take effect when posted unless stated otherwise. Your continued use of the Services after changes take effect constitutes acceptance of the updated Terms.

21. Miscellaneous

These Terms, together with the Privacy Policy and any order or plan you accept, are the entire agreement between you and us regarding the Services and supersede any prior agreements. If any provision is held unenforceable, the remaining provisions remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent, except that either party may assign to an affiliate or in connection with a merger, acquisition, or sale of substantially all assets; we may assign these Terms freely. Neither party is liable for delays or failures caused by events beyond its reasonable control. Notices to you may be given in the product or by email to the address on your account.

22. Contact

Questions about these Terms? Reach us through our Contact page.