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AttnSetter Terms of Service

AttnSetter.io — A Product of 3P Media

Effective Date: July 1, 2026 · Last updated: July 6, 2026

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“you,” “your,” or “User”) and 3P Media, operating as 3P Media, owner of AttnSetter and AttnSetter.io (“AttnSetter,” “we,” “our,” or “us”), governing your access to and use of the AttnSetter platform, services, and related products.

You accept and agree to these Terms by:

  • Accessing or using the Service;
  • Clicking to accept these Terms during account registration or checkout;
  • Executing an Order Form that references these Terms; or
  • Accepting these Terms in any other manner.

If you do not agree to these Terms, you are not permitted to access or use the Service.

Important Notices:

  • Section 6 contains critical information regarding how we handle Personal Information and User Data.
  • Section 7 contains binding arbitration provisions and a class action waiver that affect your legal rights.
  • Section 3 describes permitted and prohibited uses of the platform, including compliance requirements for email and SMS outreach.
  • AUTOMATIC RENEWAL: Your subscription will automatically renew as specified in your Order Form or selected plan unless you cancel as set forth in Section 5. Review Section 4(c) for complete renewal terms.

We may update these Terms (except Section 7) at our discretion by posting revised Terms to AttnSetter.io or providing notice to you. Updates become effective upon posting or notice, as applicable. Continued use of the Service following notice of updated Terms constitutes your acceptance of those changes.

SECTION 1 — Definitions

“AttnSetter DPA” means the Data Processing Addendum governing the processing of Personal Information in connection with these Terms, incorporated herein by reference and available at AttnSetter.io/dpa.

“AttnWizard” means the AI-powered onboarding and sales playbook agent embedded in the AttnSetter platform, powered by Anthropic Claude, which assists Users in building ICP profiles, voice calibration, objection handling frameworks, and campaign configurations.

“Authorized Users” means your employees, contractors, or agents who have been expressly authorized by you to access and use the Service under your account in accordance with these Terms.

“Campaign Data” means email sequences, SMS sequences, outreach copy, subject lines, personalization variables, send schedules, campaign settings, and related content created by you or generated with the assistance of AttnSetter’s AI tools in connection with your use of the Service.

“Company Profile” means the ICP description, value proposition, tone preferences, competitor intelligence, objection handling playbook, and related business information you provide to or generate through AttnWizard during onboarding or thereafter.

“Customer Data” means all data, files, content, contact lists, prospect records, uploaded documents, and other materials provided by you to AttnSetter for processing in connection with your use of the Service. Customer Data does not include Usage Data or Platform Generated Information.

“DaaS Add-On” or “Intent Data Add-On” means the optional premium data service that provides ICP-matched prospect lists, buying intent signals, intent retargeting data, and audience intelligence reports, available as an add-on subscription to any core AttnSetter plan.

“Documentation” means all user guides, onboarding materials, help center articles, API references, and related materials made available by AttnSetter at AttnSetter.io/docs or otherwise, as updated from time to time.

“Integrated Services” means third-party applications, platforms, and tools that you connect to the Service, including but not limited to Gmail, Microsoft Outlook, HubSpot, Salesforce, Calendly, and Twilio. Integrated Services are not owned or controlled by AttnSetter.

“Order Form” means any ordering document, checkout confirmation, or subscription agreement executed between you and AttnSetter specifying the plan, fees, term, and any applicable add-ons.

“Personal Information” has the meaning given under applicable privacy law, including but not limited to name, email address, phone number, and other data that identifies or could reasonably identify a natural person.

“Platform” means the AttnSetter web application, APIs, AI agents (including AttnWizard and SignalGuard), email and SMS sequence engine, deliverability tools, analytics dashboard, and all related software, infrastructure, and technology made available by AttnSetter, including all updates and derivative works thereof.

“Platform Generated Information” or “PGI” means outputs created through your use of the Service, including AI-generated email and SMS copy, campaign sequences, ICP-matched prospect lists, deliverability recommendations, performance reports, and other outputs generated by AttnSetter’s AI tools based on your inputs.

“Services” means the AttnSetter platform, AttnWizard AI onboarding agent, SignalGuard AI deliverability agent, email and SMS outreach automation, sequence building tools, CRM integrations, Intent Data Add-On (if subscribed), and all related features and functionality made available to you under these Terms and any applicable Order Form.

“SignalGuard” means AttnSetter’s AI-powered deliverability monitoring and optimization agent, which tracks sender health scores, authentication status, engagement rates, and surfaces alerts and recommended fixes.

“Subscription Fee” means all fees stated in an Order Form or selected during checkout applicable to your subscription to the Services.

“Usage Data” means data generated by your use of the Platform, including system performance data, usage statistics, feature interaction data, send volume metrics, and deliverability analytics. Usage Data does not include Customer Data or Personal Information.

“Website” means AttnSetter.io and any associated web pages operated by AttnSetter.

SECTION 2 — License Grant; Ownership; Support

2(a) License Grant to You

Term License. Subject to your compliance with these Terms, any applicable Order Form, and all applicable laws, AttnSetter grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Service during the applicable subscription term solely for your internal business purposes, including to:

  • (i) Build, launch, and manage outbound email and SMS outreach campaigns;
  • (ii) Access and use AI-generated campaign copy, ICP profiles, and sales playbooks generated through AttnWizard;
  • (iii) Monitor and improve email deliverability using SignalGuard;
  • (iv) Connect Integrated Services to the Platform for contact management, scheduling, and CRM synchronization;
  • (v) Access Intent Data and ICP-matched prospect lists if subscribed to the DaaS Add-On; and
  • (vi) Use the Service for other business-to-business sales and marketing activities consistent with these Terms.

Perpetual License to PGI. Subject to your compliance with these Terms, AttnSetter grants you a perpetual, worldwide, royalty-free license to use Platform Generated Information for your internal business purposes, including in combination with your own Customer Data. Your license to PGI does not grant you any rights to AttnSetter’s underlying technology, AI models, data methodologies, or intellectual property.

2(b) License Grant to AttnSetter

Term License. You grant AttnSetter a worldwide, non-exclusive, royalty-free license during the subscription term to host, process, and use your Customer Data solely to provide the Services and to support your use of the Platform.

Improvement License. You grant AttnSetter a perpetual, irrevocable, worldwide, royalty-free license to use aggregated and de-identified Usage Data to improve, train, test, and enhance the Platform and AttnSetter’s AI models, provided that AttnSetter will not associate such data with your identity or disclose your confidential information in connection with such use.

2(c) Ownership

Platform and PGI. As between you and AttnSetter, all rights, title, and interest in and to the Platform, AttnWizard, SignalGuard, all AI models, algorithms, underlying data methodologies, and the structure and presentation of all Platform features are owned exclusively by AttnSetter. These Terms do not transfer any ownership rights to you. Any feedback, suggestions, or enhancement requests you provide that are incorporated into the Platform are owned exclusively by AttnSetter, and you hereby assign all such rights to AttnSetter.

Customer Data. As between you and AttnSetter, all right, title, and interest in your Customer Data remains with you.

AttnSetter Marks. The AttnSetter name, AttnSetter.io domain, AttnWizard, SignalGuard, and all related logos and marks are proprietary to AttnSetter and may not be used without prior written permission.

Integrated Services. You connect Integrated Services at your own risk. AttnSetter has no liability for third-party services, their availability, data practices, or their terms of service. AttnSetter may discontinue support for any integration without prior notice or compensation.

2(d) Support

AttnSetter will provide reasonable technical support to Authorized Users accessing the Platform. Support availability and response times are as specified in your Order Form or on AttnSetter.io/support. AttnSetter does not guarantee uninterrupted, error-free service and will use commercially reasonable efforts to schedule maintenance during off-peak hours with advance notice where practicable.

SECTION 3 — Authorized Use and License Restrictions

3(a) Account Setup and Security

You must create an account to access the Platform. You agree to provide accurate, current, and complete account information and to maintain updated contact details. You and your Authorized Users are solely responsible for:

  • (i) Maintaining the confidentiality and security of account credentials;
  • (ii) Restricting access to the Platform to Authorized Users only;
  • (iii) Accessing the Service only through encrypted connections;
  • (iv) Maintaining current operating system patches and active anti-malware on devices used to access the Service;
  • (v) Revoking access for terminated employees or contractors within 24 hours of termination; and
  • (vi) Notifying AttnSetter within 72 hours of any known or suspected security incident affecting your account.

You are liable for all activity that occurs under your account.

3(b) Authorized Users

You will ensure only Authorized Users access the Platform. All Authorized Users must be of legal age to form a binding contract and must comply with these Terms. You are responsible for all actions and omissions of your Authorized Users.

3(c) Outreach Compliance — Email and SMS

The AttnSetter platform enables email and SMS outreach automation. You are solely and exclusively responsible for ensuring all outreach conducted through the Platform complies with all applicable laws and regulations, including but not limited to:

  • (i) CAN-SPAM Act — all commercial emails must include a valid physical mailing address, a functioning unsubscribe mechanism, accurate sender identification, and a non-deceptive subject line;
  • (ii) TCPA (Telephone Consumer Protection Act) — you must have appropriate prior express written consent before sending any automated SMS messages to any recipient;
  • (iii) CASL (Canada’s Anti-Spam Legislation) — if sending to Canadian recipients, you must have express or implied consent as required under CASL;
  • (iv) GDPR and applicable EU/UK data protection laws — if processing Personal Information of individuals in the European Union or United Kingdom, you must have a lawful basis for processing and must provide required notices and opt-out mechanisms;
  • (v) State-level privacy and marketing laws, including but not limited to the California Consumer Privacy Act (CCPA) and any successor or related state statutes.

AttnSetter automatically injects legally required unsubscribe links and physical address footers into outbound emails. You must ensure your Company Profile contains a valid physical mailing address for this purpose. You may not disable or alter compliance footers.

You acknowledge that AttnSetter is a technology platform and is not responsible for the legality, accuracy, or appropriateness of your outreach. AttnSetter does not review your prospect lists, email content, or SMS messages for legal compliance. You assume full legal responsibility for all outreach conducted through the Platform.

3(d) General Prohibited Uses

You will not, and will not permit any Authorized User or third party to:

  • (i) Use the Service to build, develop, or train any product, platform, or service that competes with AttnSetter, whether commercially offered or not;
  • (ii) Resell, sublicense, distribute, or make available the Service or any portion thereof to any third party;
  • (iii) Access the Platform on behalf of any person or entity other than yourself and your Authorized Users;
  • (iv) Reverse engineer, decompile, disassemble, or otherwise attempt to derive source code, algorithms, or underlying methodologies of the Platform or any AttnSetter AI model;
  • (v) Reproduce, modify, or create derivative works of the Platform or Documentation;
  • (vi) Use automated means (bots, crawlers, scrapers) to extract data from the Platform except as expressly enabled by AttnSetter’s own API;
  • (vii) Circumvent any usage limitations, send caps, seat limits, rate limits, or other platform controls;
  • (viii) Share account credentials or seat licenses between multiple users;
  • (ix) Transmit malware, viruses, or any harmful code through or in connection with the Platform;
  • (x) Use the Service for any unlawful purpose or in violation of any applicable law;
  • (xi) Send outreach emails from group distribution addresses (e.g., hello@, info@, marketing@, team@) through the Platform’s outreach engine — all campaign sends must originate from individual, authenticated inbox connections;
  • (xii) Use the Platform to send unsolicited bulk messages, spam, or any communications that violate applicable anti-spam laws;
  • (xiii) Upload or process sensitive Personal Information through the Platform, including but not limited to Social Security numbers, financial account numbers, protected health information, or government-issued identification numbers.

3(e) Deliverability and Inbox Integrity

AttnSetter’s platform includes email warmup, alias inbox management, send-time randomization, and daily send cap controls designed to protect sender reputation. You agree to:

  • (i) Use inbox warmup features before launching campaigns from new or cold email addresses;
  • (ii) Respect daily send caps and not attempt to circumvent them;
  • (iii) Not launch campaigns from an inbox that SignalGuard has flagged as below the minimum deliverability health threshold without acknowledging AttnSetter’s recommended remediation steps;
  • (iv) Comply with SPF, DKIM, and DMARC authentication requirements for your sending domain; and
  • (v) Process unsubscribe requests and bounce notifications immediately and suppress those contacts from future sends.

AttnSetter is not liable for deliverability outcomes, inbox placement, spam filter decisions, or sender reputation consequences resulting from your outreach practices.

3(f) Customer Data Responsibilities

You are solely responsible for your Customer Data and represent and warrant that:

  • (i) You have all rights, licenses, consents, and authority necessary to provide Customer Data to AttnSetter and for AttnSetter to process it as described in these Terms;
  • (ii) Your Customer Data and your use of it in connection with the Service does not and will not violate any applicable law or infringe any third-party rights, including privacy rights, publicity rights, or intellectual property rights;
  • (iii) You have obtained all required consents from the individuals whose Personal Information is contained in your Customer Data, including consent for outreach communications; and
  • (iv) You will not upload or transmit sensitive Personal Information (as defined in applicable privacy law) to the Platform.

3(g) DaaS / Intent Data Add-On Restrictions

If you subscribe to the DaaS Add-On, you additionally agree that:

  • (i) ICP-matched prospect lists and intent data provided through the Add-On are licensed for your internal business use only and may not be resold, sublicensed, or distributed to third parties;
  • (ii) You will not use intent data or prospect lists to build or supplement competing data products or services;
  • (iii) You will comply with all applicable data protection laws in your use of prospect data, including providing required notices and honoring opt-out requests;
  • (iv) AttnSetter makes no guarantee as to the accuracy, completeness, or fitness for purpose of intent data signals, which are aggregated from third-party sources; and
  • (v) Credit tokens are non-transferable, non-refundable, and expire as described in Section 4.

3(h) API Usage

Access to AttnSetter’s API is subject to the following:

  • (i) You may not access the API using credentials other than those issued to your account;
  • (ii) You may not sell, sublicense, or provide API access to any third party;
  • (iii) You may not use the API to replicate, compete with, or circumvent any AttnSetter product or feature;
  • (iv) You may not transmit malicious code through the API; and
  • (v) AttnSetter reserves the right to implement rate limits, block abusive IPs, and monitor API usage to ensure compliance.

3(i) Suspension and Termination for Violations

AttnSetter reserves the right to immediately suspend or terminate your access to the Service if we reasonably believe you have violated these Terms, engaged in abusive conduct, or used the Service in a manner that creates legal or reputational risk for AttnSetter or any third party. Upon written demand, you shall immediately cease all use of the Service and destroy any PGI derived from unauthorized use.

SECTION 4 — Fees and Payment Terms

4(a) Subscription Plans

AttnSetter offers the following plan categories:

Core Plans (AttnSetter): SoloSetter, HeroSetter, ScaleSetter, EnterpriseSetter

Local Plans (Local SalesHero): Neighborhood, Main Street, Corporate

DaaS / Intent Data Add-On: Available as an add-on to any core plan at the rates specified in the applicable Order Form or checkout page.

Plan details, features, seat limits, daily send caps, and sequence limits for each tier are as described on AttnSetter.io/pricing or in an applicable Order Form, as updated from time to time.

4(b) Payment Terms

Unless otherwise specified in an Order Form:

  • (i) All Subscription Fees are due in advance, in full, in United States dollars;
  • (ii) Payment is due within thirty (30) days of invoice date for invoiced accounts, or at the time of checkout for self-serve accounts;
  • (iii) You must provide accurate and complete billing information and promptly update such information as needed;
  • (iv) Late payments (excluding amounts disputed in good faith) bear interest at 1.5% per month or the maximum rate permitted by law, whichever is lower;
  • (v) You are responsible for all applicable taxes, including sales and use taxes, in connection with your subscription, except for taxes based on AttnSetter’s net income.

4(c) Automatic Renewal

Your subscription will automatically renew at the end of each billing period (monthly or annual, as applicable) for an additional period of the same length at the then-current rate, unless you provide written notice of cancellation at least thirty (30) days prior to the renewal date. AttnSetter will send renewal reminders to the email address on file. You may cancel renewal through your account settings or by contacting AttnSetter at support@attnsetter.io.

4(d) Non-Refundable; Non-Cancelable

Except as expressly stated in these Terms or required by applicable law:

  • (i) All Subscription Fees are non-refundable and non-cancelable during the applicable subscription term;
  • (ii) There are no refunds for partially used billing periods or unused service features;
  • (iii) AttnSetter may, in its sole discretion, offer credits, discounts, or refunds in specific circumstances, which shall not create any obligation to do so in the future.

4(e) Seats and Usage Credits

Seats. Seats are licensed on a per-user basis. You may not share seat licenses between multiple individual users or use seat-sharing arrangements. The number of seats may not be decreased during a subscription term.

DaaS Credit Tokens. If you purchase Intent Data credit tokens:

  • (i) Tokens are non-transferable and may not be resold;
  • (ii) For paid accounts, tokens expire at the end of the applicable billing cycle and do not roll over;
  • (iii) One (1) credit token equals one dollar ($1.00) of intent list or data value as described at AttnSetter.io/pricing/credits;
  • (iv) Token balances and policies are as specified in the applicable Order Form or pricing page, which AttnSetter may update with notice.

4(f) Price Changes

AttnSetter reserves the right to change Subscription Fees upon thirty (30) days’ written notice prior to the start of any renewal term. Continued use of the Service after the effective date of a price change constitutes acceptance of the new pricing.

SECTION 5 — Term and Termination

5(a) Term

These Terms commence on the date you first accept them and continue through the end of your current subscription term, unless earlier terminated as provided herein.

5(b) Termination for Cause

Either party may terminate these Terms if:

  • (i) The other party materially breaches these Terms and fails to cure such breach within thirty (30) days of written notice (or ten (10) days in the case of non-payment); or
  • (ii) The other party becomes insolvent, makes a general assignment for the benefit of creditors, or becomes subject to bankruptcy or similar proceedings not dismissed within sixty (60) days.

If AttnSetter terminates these Terms due to your material breach, all remaining fees through the end of your subscription term become immediately due and payable, and all prepaid fees are non-refundable.

5(c) Termination for Convenience

AttnSetter may terminate these Terms for convenience upon thirty (30) days’ written notice to you. In such case, AttnSetter will provide a pro-rated refund of any prepaid fees covering the period after termination.

For free or trial accounts, either party may terminate at any time by providing written notice.

5(d) Effect of Termination

Upon termination or expiration of these Terms for any reason:

  • (i) All licenses and access rights granted under these Terms immediately terminate;
  • (ii) You must cease all use of the Platform and delete all locally stored Platform content;
  • (iii) AttnSetter may deactivate your account, revoke credentials, and permanently delete your Customer Data in accordance with its data retention policies and the AttnSetter DPA;
  • (iv) You may retain PGI generated during the subscription term, subject to the terms of these Terms.

5(e) Account Inactivity

For non-paying or free accounts, AttnSetter reserves the right to deactivate your account and delete associated data after six (6) months of account inactivity.

5(f) Survival

The following Sections survive termination or expiration: Sections 2(c) (Ownership), 3 (Authorized Use and Restrictions), 4 (Fees and Payment Terms), 5 (Term and Termination), 6 (Representations and Warranties), 7 (Arbitration and Dispute Resolution), 8 (Indemnification), 9 (Limitation of Liability), 10 (Confidentiality), 12 (Data Privacy), and all other provisions that by their nature are intended to survive.

SECTION 6 — Representations and Warranties

6(a) Mutual Representations

Each party represents and warrants that:

  • (i) It is duly organized, validly existing, and authorized to conduct business in the jurisdictions where it operates;
  • (ii) It has full power and authority to enter into these Terms and perform its obligations hereunder; and
  • (iii) It will comply with all applicable laws in connection with its performance under these Terms.

6(b) Your Representations Regarding Outreach

You represent and warrant that:

  • (i) All outreach campaigns conducted through AttnSetter comply with applicable email marketing, SMS, and data protection laws, including CAN-SPAM, TCPA, CASL, GDPR, and applicable state laws;
  • (ii) You have obtained all required consents from individuals you contact through the Platform;
  • (iii) You have provided all legally required notices to individuals whose Personal Information you process in connection with the Service; and
  • (iv) Your prospect lists and Customer Data were lawfully obtained and may be lawfully processed in connection with the Service.

6(c) AI-Generated Content

You acknowledge that AttnSetter’s AI tools, including AttnWizard, generate email and SMS copy, ICP profiles, objection handling playbooks, and other content based on your inputs. You are solely responsible for reviewing, approving, and taking responsibility for all AI-generated content before sending it to prospects or customers. AttnSetter does not guarantee that AI-generated content is accurate, compliant, or appropriate for your specific use case.

6(d) Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ATTNSETTER PLATFORM, SERVICES, AI-GENERATED CONTENT, INTENT DATA, AND ALL RELATED FEATURES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. ATTNSETTER EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

ATTNSETTER DOES NOT WARRANT THAT: (i) THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE; (ii) AI-GENERATED CONTENT WILL BE ACCURATE, COMPLETE, OR LEGALLY COMPLIANT FOR YOUR PURPOSES; (iii) INTENT DATA OR PROSPECT LISTS WILL BE ACCURATE OR UP TO DATE; (iv) EMAIL OR SMS CAMPAIGNS RUN THROUGH THE PLATFORM WILL ACHIEVE ANY PARTICULAR DELIVERABILITY RATE, OPEN RATE, REPLY RATE, OR BUSINESS OUTCOME; OR (v) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS.

YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SERVICE AND ALL OUTREACH CONDUCTED THROUGH IT.

Some jurisdictions limit or do not allow disclaimer of implied warranties; in those jurisdictions, disclaimers apply to the fullest extent permitted by law.

SECTION 7 — Arbitration Agreement and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT SIGNIFICANTLY AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

7(a) Agreement to Arbitrate

You and AttnSetter agree that any dispute, claim, or controversy arising out of or relating to these Terms, your use of the Service, or your relationship with AttnSetter will be resolved through binding individual arbitration rather than in court, except as provided below. The parties waive the right to a trial by jury and the right to participate in any class action, collective action, or representative proceeding.

7(b) Governing Law for Arbitration

These Terms affect interstate commerce, and the Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision.

7(c) Pre-Arbitration Dispute Resolution

Before initiating arbitration, you agree to email AttnSetter at legal@attnsetter.io with the subject line “Pre-Arbitration Demand” containing: (i) your name, email address, and account information; (ii) a description of the dispute; and (iii) your proposed resolution. AttnSetter will respond within thirty (30) days. If the dispute is not resolved within sixty (60) days of your demand, either party may initiate arbitration.

7(d) Arbitration Procedures

Arbitration will be administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration will be conducted in the State of Kansas or, by mutual agreement, via videoconference. The arbitrator will have exclusive authority to resolve disputes about the interpretation, applicability, and enforceability of these Terms, except that only a court of competent jurisdiction may determine the validity of the class action waiver in Section 7(f).

AttnSetter will pay arbitration filing fees for claims that are not found to be frivolous, provided your claim does not exceed $75,000. Each party is otherwise responsible for its own attorneys’ fees unless the arbitrator awards fees to the prevailing party as permitted by applicable law.

All arbitration proceedings and materials shall be kept confidential.

7(e) 45-Day Opt-Out Right

You may opt out of this arbitration agreement within forty-five (45) days of first agreeing to these Terms by sending written notice to legal@attnsetter.io with the subject line “ARBITRATION OPT-OUT” including your name, email address, and account information. Opting out does not affect any other provision of these Terms.

7(f) Class Action Waiver

YOU AND ATTNSETTER AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING. IF THIS WAIVER IS FOUND UNENFORCEABLE, THE ENTIRE ARBITRATION AGREEMENT SHALL BE NULL AND VOID.

7(g) Exceptions to Arbitration

Either party may seek relief in court for: (i) intellectual property claims (patents, copyrights, trademarks, trade secrets); (ii) claims eligible for small claims court; or (iii) injunctive or equitable relief to prevent irreparable harm pending arbitration.

7(h) Applicable Law and Venue

These Terms are governed by the laws of the State of Kansas, without regard to its conflict of law provisions. For any claims not subject to arbitration, the parties consent to exclusive jurisdiction and venue in the state and federal courts located in the State of Kansas.

SECTION 8 — Indemnification

You agree to indemnify, defend, and hold harmless AttnSetter, 3P Media, and their respective officers, employees, contractors, agents, successors, and assigns from and against any claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

  • (i) Your use of the Service;
  • (ii) Your breach of these Terms;
  • (iii) Your violation of any applicable law, including outreach compliance laws;
  • (iv) Your Customer Data or prospect lists, including claims by individuals whose data you have processed;
  • (v) Any outreach campaign you conduct through the Platform; or
  • (vi) Your use of any Integrated Services in connection with AttnSetter.

AttnSetter reserves the right to assume control of the defense of any matter subject to indemnification by you, at your expense. You may not settle any indemnifiable claim in a manner that imposes obligations on AttnSetter without AttnSetter’s prior written consent.

SECTION 9 — Limitation of Liability

9(a) Exclusion of Indirect Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER ATTNSETTER NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

9(b) Cap on Direct Damages

ATTNSETTER’S AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING UNDER OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE TOTAL SUBSCRIPTION FEES PAID BY YOU TO ATTNSETTER IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE CLAIM AROSE.

9(c) Essential Basis

The limitations of liability in this Section reflect a reasonable allocation of risk between the parties and are an essential element of the basis of the bargain between the parties. AttnSetter would not provide the Service without these limitations.

Some jurisdictions do not permit certain liability limitations. In those jurisdictions, AttnSetter’s liability is limited to the fullest extent permitted by law.

SECTION 10 — Confidentiality

10(a) Definition

“Confidential Information” means any non-public, proprietary, or confidential information disclosed by one party to the other that is designated as confidential or that a reasonable person would understand to be confidential given the nature and circumstances of disclosure.

10(b) Obligations

Each party as Receiving Party agrees to:

  • (i) Hold the Disclosing Party’s Confidential Information in strict confidence;
  • (ii) Use it only for the purposes contemplated under these Terms;
  • (iii) Protect it with at least the same degree of care used for its own confidential information, but no less than reasonable care; and
  • (iv) Disclose it only to employees, contractors, or advisors with a legitimate need to know who are bound by equivalent confidentiality obligations.

10(c) Exclusions

Confidentiality obligations do not apply to information that: (i) is or becomes publicly available through no breach by the Receiving Party; (ii) was rightfully known prior to disclosure; (iii) is independently developed without use of Confidential Information; or (iv) is lawfully received from a third party without restriction.

10(d) Required Disclosure

If required by law or court order to disclose Confidential Information, the Receiving Party will provide prompt written notice to the Disclosing Party to allow it to seek a protective order, and will disclose only the minimum required by law.

10(e) Return or Destruction

Upon termination of these Terms or written request, each party will promptly return or destroy the other party’s Confidential Information and certify such return or destruction in writing.

SECTION 11 — Changes to the Service

AttnSetter may modify, update, add, or remove features and functionality of the Platform at any time. This includes changes to AI model behavior, outreach capabilities, integration support, credit conversion policies, and pricing structures. AttnSetter will provide reasonable notice of material changes through in-app notifications, email, or updates to AttnSetter.io. Your continued use of the Service following notice of changes constitutes acceptance of those changes.

SECTION 12 — Data Privacy and Security

12(a) Data Processing Addendum

The AttnSetter DPA is incorporated by reference into these Terms and governs the processing of Personal Information in connection with the Service.

12(b) Privacy Policy

By using the Service, you agree to AttnSetter’s Privacy Policy, available at AttnSetter.io/privacy, which governs the collection, use, and disclosure of information in connection with the Platform.

12(c) Email and Inbox Access

When you connect a Gmail or Outlook inbox to AttnSetter, you authorize AttnSetter to access your inbox for the purpose of sending campaign emails, detecting replies, managing warmup threads, and monitoring deliverability signals. AttnSetter will not access your inbox for any purpose beyond providing the Service. You may revoke inbox access at any time through your account settings. Upon revocation, AttnSetter will cease accessing your inbox but may retain records of previously processed data as permitted by applicable law and the AttnSetter DPA.

12(d) SMS and Twilio Integration

When you connect a Twilio account to AttnSetter, you authorize AttnSetter to send and receive SMS messages through your connected Twilio number on your behalf. You are solely responsible for maintaining a valid Twilio account, complying with Twilio’s terms of service, and ensuring all SMS outreach complies with applicable laws, including TCPA. AttnSetter automatically appends STOP opt-out instructions to SMS messages as required by law. You must honor opt-out requests immediately.

12(e) User Data and Prospect Data

You remain the data controller for all prospect and customer Personal Information processed through the Service. AttnSetter acts as a data processor on your behalf. You are responsible for ensuring your use of prospect data complies with all applicable privacy laws and for responding to data subject requests relating to your prospects.

12(f) Security

AttnSetter uses commercially reasonable technical and organizational security measures to protect the Platform and Customer Data. However, no internet-based system is completely secure. You acknowledge that transmitting information over the internet carries inherent risks and that AttnSetter is not liable for unauthorized access to Customer Data resulting from factors outside AttnSetter’s reasonable control.

SECTION 13 — Miscellaneous

13(a) Entire Agreement

These Terms, together with the AttnSetter DPA, any applicable Order Form, and the Privacy Policy, constitute the entire agreement between you and AttnSetter regarding the Service and supersede all prior agreements, understandings, and representations relating to the subject matter hereof.

13(b) Relationship of Parties

The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, employment relationship, or agency between you and AttnSetter.

13(c) Assignment

AttnSetter may assign these Terms or any rights hereunder at its discretion. You may not assign, transfer, or sublicense these Terms or any rights hereunder without AttnSetter’s prior written consent. Any unauthorized assignment is void.

13(d) Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.

13(e) Waiver

No failure or delay by either party in exercising any right under these Terms will constitute a waiver of that right. Waivers must be in writing to be effective.

13(f) Notices

Legal notices to AttnSetter must be sent to:

AttnSetter / 3P Media Attention: Support Email: Support@attnsetter.io

Notices to you will be sent to the email address associated with your account or through in-app notifications.

13(g) Equitable Relief

Both parties acknowledge that a breach of Sections 3, 10, or 12 may cause irreparable harm for which monetary damages are inadequate. Either party may seek injunctive or other equitable relief without the requirement to post a bond or prove actual damages.

13(h) Beta Features

AttnSetter may offer beta features, early access tools, or experimental functionality from time to time. Beta features are provided “as is” without warranty and AttnSetter has no liability for beta features, which may be modified or discontinued at any time without notice.

13(i) Export Compliance

You may not access or use the Service in violation of U.S. export control laws or economic sanctions, including OFAC regulations. You represent that you are not located in, organized under the laws of, or a resident of any country subject to U.S. comprehensive sanctions.

13(j) Monitoring

AttnSetter reserves the right to monitor platform usage to ensure compliance with these Terms, maintain service quality, and prevent abuse. AttnSetter is the sole arbiter of whether these Terms are being violated and may terminate access immediately upon confirmed or suspected violation.

13(k) Amendments

AttnSetter may amend these Terms by posting updated Terms to AttnSetter.io and providing notice to you. Material changes will be communicated with at least thirty (30) days’ advance notice. Continued use of the Service after the effective date of amended Terms constitutes your acceptance.

13(l) Force Majeure

AttnSetter will not be liable for any delay or failure to perform resulting from causes beyond its reasonable control, including acts of God, natural disasters, war, terrorism, government actions, internet or power outages, or third-party service failures.

13(m) Feedback

Any feedback, ideas, or suggestions you provide regarding the Service may be used by AttnSetter freely and without obligation, compensation, or attribution to you.

Contact Information

AttnSetter / 3P Media Owner: Support Email: support@attnsetter.io | legal@attnsetter.io Website: AttnSetter.io

By accessing or using AttnSetter, you confirm that you have read, understood, and agree to be bound by these Terms of Service.