Terms of Service

Service Provider & Contact Information

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and The AIWhisperer (Cao Hung Nguyen), operating Eisbrief ("Service," "we," "us," or "our"), concerning your access to and use of the Eisbrief platform located at eisbrief.com and any related services, features, content, or applications offered by us.

By accessing or using our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Service.

2. Description of Service

Eisbrief is a Software as a Service (SaaS) platform that provides email outreach automation, contact management, lead enrichment, campaign management, and AI-powered personalization tools. The Service includes, but is not limited to:

• Email Campaign Management: Multi-step email sequences with scheduling, A/B testing, and performance tracking
• Contact Management: Import, organize, segment, and manage contact lists with engagement scoring
• Lead Enrichment: Automated enrichment of contact data using publicly available information
• AI Personalization: AI-powered email personalization using OpenAI and Anthropic technologies
• Email Provider Integration: Support for Gmail, Outlook, and custom SMTP providers with OAuth authentication
• Analytics & Reporting: Campaign performance metrics, engagement tracking, and reporting tools
• AI Personas: Autonomous AI agents for email reply handling and composition assistance

3. Eligibility

By using the Service, you represent and warrant that:

• You are at least 18 years of age and have the legal capacity to enter into binding contracts
• You are not located in a country that is subject to a government embargo or designated as a "terrorist supporting" country
• You are not prohibited from receiving services under applicable laws
• You will comply with all applicable laws and regulations in your use of the Service
• If you are using the Service on behalf of an organization, you have the authority to bind that organization to these Terms

4. Account Registration and Security

4.1 Account Creation

To access certain features of the Service, you must register for an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security of your account credentials
• Immediately notify us of any unauthorized use of your account

4.2 Account Responsibility

You are responsible for all activities that occur under your account. We are not liable for any loss or damage arising from your failure to maintain account security.

5. Subscription Plans and Payment

5.1 Pricing

Eisbrief offers multiple subscription tiers (Starter, Professional, Agency) with different features and usage limits. Current pricing is available on our website and may be modified at our discretion with advance notice to existing subscribers.

5.2 Billing

• Subscription fees are billed in advance on a monthly or annual basis
• You authorize us to charge your payment method for all fees incurred
• All fees are non-refundable except as required by law or as expressly stated in these Terms
• Failed payments may result in service suspension or termination

5.3 Automatic Renewal

Your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date. You may cancel your subscription at any time through your account settings.

5.4 Usage Limits

Each subscription plan includes specific usage limits (email accounts, contacts, campaigns, monthly emails). Exceeding these limits may result in service restrictions or require an upgrade to a higher-tier plan.

6. Acceptable Use Policy

6.1 Permitted Use

You may use the Service only for lawful purposes and in accordance with these Terms. You agree to use the Service for business-to-business (B2B) outreach and legitimate marketing purposes.

6.2 Prohibited Activities

You agree NOT to:

• Send unsolicited bulk email (spam) or engage in practices that violate CAN-SPAM, GDPR, or other applicable anti-spam laws
• Use the Service for phishing, malware distribution, or any fraudulent activities
• Upload or transmit viruses, malware, or other malicious code
• Violate the intellectual property rights of others
• Harvest or collect email addresses or other contact information without proper consent
• Use purchased or rented email lists without proper verification and consent
• Impersonate any person or entity or falsely state or misrepresent your affiliation
• Attempt to gain unauthorized access to the Service, other accounts, or systems
• Interfere with or disrupt the Service or servers or networks connected to the Service
• Use automated means to access the Service except through our provided APIs
• Resell, sublicense, or redistribute the Service without our express written permission
• Send emails to individuals who have opted out or unsubscribed

7. Email Compliance and Anti-Spam

You are solely responsible for ensuring your email campaigns comply with all applicable laws, including but not limited to:

• CAN-SPAM Act (United States): Include accurate header information, clear subject lines, valid physical address, and functional unsubscribe mechanism
• GDPR (European Union): Obtain proper consent before sending marketing emails, provide clear privacy information, and honor data subject rights
• CASL (Canada): Obtain express or implied consent before sending commercial electronic messages
• Other applicable regulations in your jurisdiction and the jurisdictions of your recipients

Failure to comply with anti-spam laws may result in immediate termination of your account and potential legal liability.

8. Content Ownership and Intellectual Property

8.1 Our Intellectual Property

The Service, including all content, features, functionality, software, code, designs, graphics, and user interface, is owned by The AIWhisperer and protected by copyright, trademark, patent, trade secret, and other intellectual property laws. You may not copy, modify, reproduce, or distribute any part of the Service without our express written permission.

8.2 Your Content

You retain all rights to the content you upload to the Service, including contact data, email content, and campaign materials ("User Content"). By uploading User Content, you grant us a limited, non-exclusive, royalty-free license to use, store, process, and display your User Content solely for the purpose of providing and improving the Service.

8.3 Feedback

If you provide us with feedback, suggestions, or ideas about the Service, you grant us the right to use such feedback without any obligation or compensation to you.

9. AI and Automated Processing

Eisbrief uses artificial intelligence (AI) technologies from OpenAI and Anthropic to provide personalization, content generation, and automated response features. You acknowledge and agree that:

• AI-generated content may contain errors or inaccuracies
• You are responsible for reviewing and approving all AI-generated content before sending
• We do not guarantee the accuracy, quality, or appropriateness of AI-generated content
• You should not rely solely on AI-generated content without human review
• AI processing is subject to the terms and policies of our AI providers

10. Data Protection and Privacy

Your privacy is important to us. Our collection and use of personal information in connection with the Service is described in our Privacy Policy, which is incorporated into these Terms by reference.

You are responsible for ensuring that any personal data you upload to the Service has been collected and processed in compliance with applicable data protection laws, including obtaining necessary consents.

11. Third-Party Services and Integrations

The Service may integrate with or contain links to third-party services, websites, or applications ("Third-Party Services"), including:

• Email providers (Gmail, Outlook, SMTP services)
• Payment processors (Stripe, etc.)
• AI services (OpenAI, Anthropic)
• Analytics and tracking services

We are not responsible for the availability, content, privacy practices, or terms of Third-Party Services. Your use of Third-Party Services is subject to their respective terms and policies.

12. Service Availability and Modifications

12.1 Service Availability

We strive to maintain high availability but do not guarantee that the Service will be uninterrupted, timely, secure, or error-free. We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice.

12.2 Maintenance

We may perform scheduled maintenance that may temporarily disrupt Service availability. We will attempt to provide advance notice of planned maintenance when possible.

13. Termination

13.1 Termination by You

You may terminate your account at any time by canceling your subscription through your account settings or by contacting us at hung@theaiwhisperer.de. Termination will be effective at the end of your current billing period.

13.2 Termination by Us

We may suspend or terminate your account immediately, without prior notice, if:

• You violate these Terms or any applicable laws
• Your use of the Service poses a security risk or adversely impacts other users
• You fail to pay fees when due
• You engage in fraudulent or illegal activities
• We are required to do so by law

13.3 Effect of Termination

Upon termination, your right to access and use the Service will immediately cease. We may delete your account and User Content after termination, subject to applicable legal retention requirements. You remain liable for all fees incurred prior to termination.

14. Warranties and Disclaimers

We make no representations or warranties about the accuracy, reliability, completeness, or timeliness of any content or results obtained through the Service, including AI-generated content and enriched data.

15. Limitation of Liability

16. Indemnification

You agree to indemnify, defend, and hold harmless The AIWhisperer, Cao Hung Nguyen, PitchDonkey, and our affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with:

• Your access to or use of the Service
• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property or privacy rights
• Your violation of applicable laws or regulations
• Your User Content

17. Dispute Resolution and Governing Law

17.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Federal Republic of Germany, without regard to its conflict of law provisions.

17.2 Jurisdiction

Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Düsseldorf, Germany, unless mandatory consumer protection laws require otherwise.

17.3 Informal Dispute Resolution

Before filing a claim, you agree to try to resolve the dispute informally by contacting us at hung@theaiwhisperer.de. We will attempt to resolve the dispute informally within 30 days.

18. Changes to Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by:

• Sending an email to the address associated with your account
• Posting a notice on our website
• Providing an in-app notification

Your continued use of the Service after the effective date of the modified Terms constitutes your acceptance of the changes. If you do not agree to the modified Terms, you must stop using the Service and terminate your account.

19. General Provisions

19.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Service and supersede all prior agreements and understandings.

19.2 Severability

If any provision of these Terms is held to be invalid or unenforceable, that provision shall be struck and the remaining provisions shall remain in full force and effect.

19.3 Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

19.4 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms without restriction.

19.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

20. Contact Information

If you have any questions about these Terms or need support, please contact us at: