Terms of Service
These Terms govern your access to and use of Tell (the "Service"). By creating an account, starting a subscription, or using the Service, you agree to these Terms on behalf of yourself and the business you represent ("you" or "Customer"). If you do not agree, do not use the Service.
1. Business use only
The Service is offered only to businesses and professionals, for business purposes. You represent that you are at least 18 years old, that you have authority to bind your business, and that you are not a consumer. Consumer protection laws that apply only to consumers do not apply to these Terms to the fullest extent permitted by law.
2. What the Service is, and what it is not
The Service collects publicly available information (such as job postings, public social media posts and public web pages) and data from sources you connect, and uses automated systems, including artificial intelligence, to produce signals, rankings, summaries, suggestions and other output ("Output"). Output is information only. It is generated automatically, may be incomplete, outdated, inaccurate or wrong, and is not professional, legal, financial, employment or any other advice. Output, evidence quotes and suggested messages may misidentify people, companies, roles or intentions.
You alone decide whether and how to use Output: whom to contact, what to say, what to buy, sell or build. You are solely responsible for those decisions and their consequences. We do not contact anyone on your behalf unless you configure the Service to send something, and even then you are the sender.
3. Nothing runs or costs money unless you turn it on
Features that run automatically, spend credits, send data to other tools, or allow charges beyond your plan are off by default or limited by settings you control. You choose which features to enable, which monitors, pages, competitors and rules to create, your budgets, and whether to allow extra credits and up to what dollar limit. Everything the Service does under those settings is done at your instruction and is your responsibility. Review your settings regularly; you can change or turn them off at any time in the app.
4. Your responsibilities
- Outreach and data protection. You are solely responsible for complying with all laws that apply to how you use Output and any personal data in it, including anti-spam, telemarketing, privacy and data protection laws (for example CAN-SPAM, TCPA, CCPA/CPRA and other U.S. state laws, GDPR/UK GDPR and Brazil's LGPD), and for having a lawful basis for any contact you make. You act as an independent controller of any personal data you take from the Service.
- Third-party platforms and tools. You are responsible for complying with the terms of any platform or tool you use with the Service or with Output (such as LinkedIn, X, Apollo, HubSpot, Slack or your own webhooks), and for any API keys, accounts, credits or fees on those tools. Keys you connect are used only to do what you configure.
- Your account. You are responsible for your login credentials, for everything that happens under your account, and for the accuracy of the information you give us.
- Acceptable use. You will not use the Service for anything unlawful, discriminatory, harassing or deceptive; to make decisions about individuals' employment, credit, insurance, housing or eligibility for anything; to build a competing product; to resell or redistribute the Service or bulk Output; or to scrape, overload, reverse engineer or attempt to break the security of the Service.
5. Plans, credits and payment
- Prices are in U.S. dollars and shown on our website or in the app. Subscriptions renew automatically each billing period and are charged in advance to your payment method through our payment processor, Stripe, until cancelled.
- Credits are a unit for measuring use of certain features. They have no cash value, are not property, cannot be transferred, sold or exchanged, and are not refundable. Plan credits are granted each billing period and expire at the end of it; unused credits do not roll over. We may refund credits inside the Service when its own rules say so (for example when you mark a result as not a fit), but never as money.
- Extra credits are available only if you turn them on. When on, use beyond your plan's credits is billed at the published per-credit price, up to the dollar limit you set, on your next invoice (or on a final invoice if your subscription ends). You are responsible for all extra credits used under your settings.
- All fees are non-refundable, including for partial periods, unused credits, or features you did not use, except where a refund is required by law. You are responsible for any taxes, duties, bank, card or foreign exchange charges that apply to your payments, other than taxes on our own income.
- If a payment fails we may retry it, pause automatic features, stop extra credits, or suspend the Service until it is paid.
- We may change prices or credit costs with at least 30 days' notice; changes apply from your next billing period.
6. Cancellation and termination
You can cancel at any time in the app or the billing portal. Cancellation takes effect at the end of the current billing period; you keep access until then and no refund is due. We may suspend or terminate your access at any time, with or without notice, if you breach these Terms, if required by law, or if we discontinue the Service. If we discontinue the Service for reasons other than your breach, our only obligation is to refund the unused portion of any prepaid subscription fee for the current period.
7. Third-party sources and services
The Service relies on public sources and third-party services (for example job boards, social networks, web readers, AI model providers, data providers and payment processors). We do not control them, do not guarantee their availability or accuracy, and are not responsible for them. Features may change or stop when those sources change.
8. Intellectual property
We own the Service and everything we provide except Output. Subject to these Terms and payment, you may use Output for your internal business purposes. You give us permission to use the information you provide (such as your website, market descriptions and feedback) to operate and improve the Service, and to use aggregated or de-identified data for any purpose.
9. No warranties
The Service and all Output are provided "as is" and "as available", with all faults and without warranties of any kind, express, implied or statutory, including warranties of accuracy, completeness, merchantability, fitness for a particular purpose, title, non-infringement, availability, or that the Service will be uninterrupted, secure or error-free, or that any result, lead, sale or outcome will be achieved.
10. Limitation of liability
To the maximum extent permitted by law, we and our owners, officers, employees and suppliers will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, business, opportunity, goodwill or data, or for any claim arising from your outreach or use of Output, however caused and even if we were advised of the possibility. Our total liability for all claims relating to the Service or these Terms is limited to the amount you paid us for the Service in the three (3) months before the event giving rise to the claim, or one hundred U.S. dollars (US$100), whichever is less.
11. Indemnity
You will defend, indemnify and hold harmless VICTOR SAAD TORRES DE OLIVEIRA LTDA and its owners, officers, employees and suppliers from and against any claims, damages, losses, fines, penalties, costs and expenses (including reasonable legal fees) arising from your use of the Service or Output, your outreach or communications, your settings, the data or tools you connect, your breach of these Terms, or your violation of any law or third-party right.
12. Changes
We may update these Terms. We will post the new version here and, for material changes, notify you by email or in the app. Continued use after the changes take effect means you accept them.
13. Governing law and disputes
These Terms are governed by the laws of the Federative Republic of Brazil, without regard to conflict of law rules. The courts of the City of São Paulo, State of São Paulo, Brazil have exclusive jurisdiction over any dispute, and you waive any objection to that venue. To the extent permitted by law, claims must be brought individually, not as part of a class or representative action, and within one (1) year after they arise.
14. General
These Terms are the entire agreement between you and us about the Service and replace any prior agreement. If any part is found unenforceable, it will be enforced to the maximum extent permitted and the rest stays in effect. Our failure to enforce a provision is not 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. We are not liable for delays or failures caused by events beyond our reasonable control. If these Terms are translated, the English version controls.
15. Contact
Questions about these Terms: [email protected].