Terms of Service

These Terms are an agreement between you and persist.chat governing your use of the persist service. By creating an account, accessing, or using persist, you agree to these Terms. If you don’t agree, don’t use the service.

1. The service

persist is a chat-based AI sales agent. You tell it who to reach; it suggests matching prospects from our directory, drafts personalized messages, sends them from a mailbox you connect, and follows up across a sequence until a recipient replies. Features may change over time, and we may add, modify, or remove functionality.

2. Accounts & eligibility

You must provide accurate account information and keep it current. You’re responsible for activity under your account and for keeping your credentials confidential. You must be at least 16 and able to form a binding contract. You may authorize members of your team to use the service under your account; you remain responsible for their use.

3. License & ownership

Subject to these Terms, we grant you a non-exclusive, non-transferable right to access and use persist for your internal business purposes during your subscription. We and our licensors own the service, the software, the directory, and all related intellectual property. You own the content you create in your workspace (your “Customer Data”) — your campaigns, messages, notes, and imported lists. Feedback you give us about the product may be used freely without obligation to you.

4. Acceptable use & outreach compliance

persist is built for compliant, consent-based business-to-business selling. You are responsible for the messages you send and for complying with the laws that apply to your outreach, including CAN-SPAM, CASL, the GDPR and UK GDPR, and the TCPA. You agree that you will not:

• Send unsolicited messages in violation of applicable marketing law, or ignore unsubscribe and do-not-contact requests.
• Send messages that are deceptive, fraudulent, harassing, or that promote illegal products, adult content, or hate speech.
• Use the service to send to consumers in a personal capacity, or to send content unrelated to a recipient’s professional role.
• Resell, sublicense, or redistribute the service or the directory, or use them to build or train a competing data product or service.
• Scrape, reverse-engineer, or attempt to extract source code or the underlying data, or circumvent rate limits, credit limits, or security controls.
• Upload malware, or data you don’t have the right to provide, or sensitive personal data (such as health or financial data).

We may monitor for compliance and may suspend or terminate accounts that we reasonably believe violate these Terms or applicable law. If you see abuse, report it to [email protected].

5. The contacts directory

The directory contains business contact information sourced from data providers and public sources. We grant you the right to view it and to contact people in a manner relating to their profession or business, for your own B2B sales, marketing, recruiting, and business-development activities. You may not resell or redistribute the directory, incorporate it into a competing product, or use it for any purpose prohibited by law.

6. Your data & AI

You retain ownership of your Customer Data. You grant us the rights needed to host and process it to operate the service for you — including sending it to our AI model provider to draft, personalize, and classify outreach, and to our email and verification providers to deliver and validate messages. We do not use your Customer Data to train generalized AI models, and we route AI inference through providers under terms that do not permit them to train their foundation models on your content. You are responsible for reviewing AI-generated drafts before they are sent. We may use aggregated or de-identified data to operate and improve the service.

7. Third-party services

persist integrates with third-party services you choose to connect, such as your email provider. Your use of those services is governed by their own terms, and we are not responsible for them. We may change or discontinue an integration. You authorize persist to act through your connected accounts as needed to provide the features you enable.

8. Privacy

Our Privacy Policy explains how we handle personal information and is incorporated into these Terms. For outreach you run through persist, you act as the controller of that processing and persist acts on your behalf; you are responsible for providing any notices and obtaining any consents your outreach requires.

9. Beta features

We may offer features labeled alpha, beta, preview, or early access. These are provided “as is,” may change or be withdrawn at any time, and may have additional terms. Don’t rely on beta features for anything you can’t afford to lose.

10. Disclaimers

We work hard to provide a reliable, accurate service, but the service and all data are provided “as is” and “as available.” To the fullest extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that contact data is complete, current, or accurate — it’s compiled from third-party and public sources and may contain errors or omissions — or that the service will be uninterrupted, secure, or error-free. You are responsible for verifying contact information and the legality of your outreach before you act on it.

11. Fees & renewal

Paid plans are billed in advance through our billing provider at the price and interval shown when you subscribe. Plans include allowances (such as verified-lead reveals, sending volume, and AI usage); usage beyond your plan may be limited or require an upgrade. Unless stated otherwise:

• Automatic renewal. Subscriptions renew automatically for the same interval until you cancel. You can cancel before the next renewal to stop future charges.
• No refunds. Fees are non-refundable except where required by law. Allowances do not roll over between billing periods.
• Changes. We may change prices for a future term with notice. Taxes are your responsibility unless we’re required to collect them.

12. Limitation of liability

To the fullest extent permitted by law, neither party will be liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, or data, arising out of or relating to the service. Our total liability for any claim relating to the service will not exceed the amount you paid us in the twelve months before the event giving rise to the claim. Some jurisdictions don’t allow these limits, so they may not fully apply to you.

13. Indemnification

You agree to defend, indemnify, and hold persist and its affiliates harmless from claims, damages, and costs (including reasonable legal fees) arising out of your use of the service, your Customer Data, the content of your outreach, or your breach of these Terms or applicable law.

14. Term & termination

These Terms apply while you use the service. You may stop and cancel at any time. We may suspend or terminate your access if you breach these Terms, fail to pay, or use the service in a way that creates legal or security risk; we may also terminate for convenience with reasonable notice. On termination, your right to use the service ends and we may delete your workspace data after a reasonable period. Sections that by their nature should survive (ownership, acceptable use, disclaimers, liability, indemnification, and governing law) will survive.

15. Governing law & disputes

These Terms are governed by the laws of the State of California, without regard to conflict-of-laws rules. Except where prohibited, any dispute will be resolved in the state or federal courts located in San Francisco County, California, and you and persist consent to their jurisdiction. Before filing, you agree to first contact us at [email protected] so we can try to resolve the issue informally.

16. Changes & miscellaneous

We may update these Terms by posting a revised version with a new “Last updated” date; material changes will be communicated where appropriate, and continued use after they take effect means you accept them. These Terms are the entire agreement between you and persist regarding the service. If any provision is unenforceable, the rest remains in effect. Our failure to enforce a provision isn’t a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. Nothing here creates a partnership, agency, or employment relationship.

17. Contact