Terms of Service

1. About Assay

Assay is a relationship intelligence and outreach tool that helps you manage your professional contacts, track relationship quality, and draft personalised outreach messages. It is provided as a software-as-a-service (SaaS) on a subscription basis.

Assay is a product of Goldseam AI Consulting Ltd, registered in England & Wales, company number 16896682.

2. Your account

• You must be at least 18 years old and have the legal capacity to enter into a contract to use Assay.
• You are responsible for maintaining the security of your account credentials and for all activity that occurs under your account.
• You must provide accurate information when creating your account. Impersonation of others is prohibited.

3. Acceptable use

You may use Assay only for lawful purposes and in accordance with these terms. You must not use Assay to:

• Send unsolicited bulk messages, spam, or any communication prohibited by applicable anti-spam laws (including the UK Privacy and Electronic Communications Regulations 2003 and CAN-SPAM).
• Harvest, scrape, or compile contact information from third parties without their consent.
• Conduct any unlawful outreach, including unsolicited direct marketing to individuals who have not given consent under UK GDPR.
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity.
• Attempt to gain unauthorised access to any part of the service or its related systems.
• Use the service in any way that could damage, disable, or impair the service or interfere with other users.
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, or trade secrets of the service.

We reserve the right to suspend or terminate accounts that breach these acceptable use terms, without prior notice.

4. Data: your role as data controller

When you import or enter personal data about your contacts into Assay, you are acting as the data controller for that data under UK GDPR. Goldseam AI Consulting Ltd acts as the data processor on your behalf.

By using Assay to process contact data, you warrant that:

• You have a lawful basis under UK GDPR for processing the personal data you import (for example, legitimate interests in maintaining a professional network).
• You will handle any data subject requests (access, deletion, etc.) relating to your contacts' data promptly.
• You will not import special category data (health, religion, political views, etc.) unless you have explicit consent from the data subjects.

Our obligations as data processor are set out in the Data Processing Agreement, which forms part of these terms. Contact data you import is sent to Anthropic's API for message generation - see our Privacy Policy for details on all sub-processors.

5. Subscriptions and billing

• Assay is available on a free tier with usage limits, and on paid subscription tiers with higher limits and additional features. Current pricing is shown on the pricing page.
• Paid subscriptions are billed in advance on a monthly or annual basis, depending on the plan you select.
• You may cancel your subscription at any time from your account settings. Cancellation takes effect at the end of the current billing period. We do not provide refunds for unused portions of a billing period. Nothing in this clause affects any statutory rights you may have under applicable consumer protection law.
• We reserve the right to change pricing with 30 days' notice. Changes will not affect your current billing period.
• Payments are processed by Stripe. If payment fails, we will retry over a grace period of 7 days before downgrading your account to the free tier.

6. Intellectual property

You retain ownership of all data you import into Assay. We do not claim any intellectual property rights over your contact data or the outreach messages you generate.

The Assay application, brand, and all original software are owned by Goldseam AI Consulting Ltd. These terms do not grant you any rights to our intellectual property beyond the right to use the service as described.

7. Disclaimers and limitation of liability

The service is provided "as is" and "as available". We make no warranty that the service will be uninterrupted, error-free, or meet your specific requirements.

To the maximum extent permitted by law, Goldseam AI Consulting Ltd shall not be liable for:

• Any indirect, incidental, special, consequential, or punitive damages.
• Loss of profits, revenue, data, or goodwill.
• Damages resulting from your reliance on AI-generated message drafts - all drafts should be reviewed before sending.
• Any damages exceeding the total fees you paid to us in the 12 months preceding the claim.

Nothing in these terms limits liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded by English law.

We are not liable for any failure or delay in performing our obligations caused by circumstances beyond our reasonable control, including failures of cloud infrastructure providers, internet outages, cyber-attacks, natural disasters, acts of government, or other force majeure events. We will use reasonable endeavours to resume the service as soon as practicable and will notify you if a force majeure event materially affects your use of the service.

8. Your indemnification obligations

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

• Your use of the service in breach of these terms or any applicable law or regulation.
• Any outreach messages you send using the service, including any claim that such messages constitute spam, unlawful direct marketing, or harassment.
• Your processing of personal data in breach of UK GDPR or your obligations as a data controller, including any regulatory fine or third-party claim arising from such processing.
• Any third-party claim arising from your contact data or your use of AI-generated content produced by the service.

This indemnification obligation survives termination of your account and these terms.

9. Changes to the service and these terms

We may update these terms from time to time. Material changes will be communicated by email or in-app notice with at least 14 days' notice before the effective date. If you do not agree to the updated terms, you may close your account before the effective date - see Section 10 (Termination) for how to do so. If you continue to use the service after the effective date, you will be taken to have accepted the updated terms.

We may also modify, suspend, or discontinue the service (or any part of it) at any time, with reasonable notice where practicable.

10. Termination

Either party may terminate these terms at any time. You may close your account via account settings or by emailing privacy@runassay.app. We may terminate your access for breach of these terms.

On termination, your right to use the service ends immediately. We will delete your data in accordance with our Privacy Policy.

11. Export controls

You represent and warrant that you are not located in, or a national or resident of, any country subject to a UK or US government embargo or sanctions regime, and that you are not listed on any UK, US, or EU restricted-party list. You agree to comply with all applicable export control and sanctions laws in connection with your use of the service.

Assay uses US-based sub-processors (including Anthropic, Netlify, and Trigger.dev). By using the service you acknowledge that your data may be processed in the United States and agree not to use the service in any manner that would violate applicable export regulations.

12. Governing law and disputes

These terms are governed by the laws of England & Wales. Any disputes arising from or relating to these terms shall be subject to the exclusive jurisdiction of the courts of England & Wales.

Before commencing legal proceedings, we encourage you to contact us at help@runassay.app to resolve disputes informally.