Terms of Service

These terms govern your use of aircraf.com and the Aircraf email sending console (the "service"), operated by FIH LLC ("we", "us"). By creating an account or using the service you agree to them. If you use the service for a company, you confirm you have authority to bind it, and "you" includes that company. If you do not agree, do not use the service. Section 15 requires most disputes to be resolved by individual binding arbitration and waives class actions.

1. What the service is

Aircraf is a business tool for sending and tracking email outreach. Account holders can connect sending domains and inboxes, import and verify contact lists, build campaigns, multi-step sequences and follow-up automations, draft copy with an AI assistant, read replies in a unified inbox, and see delivery, open, click, bounce, reply and unsubscribe events. Email is sent through the mailboxes and delivery-provider accounts you connect (for example Google Workspace, Microsoft 365, another SMTP provider or your own SendGrid account), using credentials you supply for each inbox. We do not lend you our own sending infrastructure, domains or reputation. We may change, add or remove features at any time.

2. Eligibility and accounts

• You must be at least 18 and using the service for business purposes, not as a consumer.
• You can create an account yourself. You must confirm your email address before you can send, and each workspace may only send from domains it has proved it controls. We may refuse, limit or deactivate any account at our discretion, including during a trial.
• Give accurate registration details, keep your password secret, and tell us promptly about any unauthorised use. You are responsible for everything done under your account and by the users you invite or approve.
• You are responsible for the domains, inboxes and delivery-provider accounts you connect, including their DNS authentication, reputation and the provider's own terms.

3. You are the sender

You decide who you email, what you send and when. For every message sent through your account you are the sender and, for personal data in your lists, the data controller. We act on your instructions as a service provider. We do not review your messages before they are sent and we do not take on any of your legal obligations as a sender.

4. Anti-spam and compliance obligations

Compliance with email and privacy law is your responsibility. Depending on where you and your recipients are, that may include the US CAN-SPAM Act, the EU and UK GDPR, the UK Privacy and Electronic Communications Regulations (PECR), the EU ePrivacy rules, Canada's Anti-Spam Legislation (CASL), Australia's Spam Act and state laws. In particular you agree that every message you send through the service will:

• be sent only to people you have a lawful basis to contact, and never to purchased, rented, scraped or harvested lists where the law requires consent you do not have;
• identify you accurately, with truthful From, Reply-To, header and routing information and a subject line that is not misleading;
• include your valid physical postal address where the law requires it;
• include a clear, working way to opt out, and you will honour opt-outs promptly (within 10 business days at most) and keep honouring them;
• respect the suppression, bounce and complaint records the service keeps, and not re-import addresses to get around them;
• comply with the policies of the email delivery provider and of mailbox providers, including bulk-sender authentication and complaint-rate requirements.

If you send to people in the EU or UK you are responsible for having a lawful basis, giving the notices GDPR requires (including where you did not collect the data from the person directly), and handling their rights requests.

5. Acceptable use

You agree not to use the service to:

• send unsolicited bulk email that breaks the law, or any phishing, malware, fraud, deceptive or impersonating messages;
• send content that is unlawful, defamatory, harassing, hateful, sexually explicit, or that infringes anyone's rights;
• promote illegal goods or services, or regulated products without the required licences and disclosures;
• use domains, inboxes or credentials you are not authorised to use, or spoof another sender;
• deliberately evade spam filters, rotate domains to escape reputation or blocklisting, or hide your identity;
• process special-category or sensitive personal data (health, financial account numbers, government identifiers and the like) through your lists or messages;
• copy, export in bulk, resell or republish the business contact database, or use it for anything other than your own outreach;
• scrape or crawl the service, use bots against it, probe its security, bypass its access controls, or interfere with its operation or other users;
• reverse engineer the service or use it to build a competing product.

6. Suspension and termination

We may suspend or close your account, pause campaigns, disable inboxes or remove content, with or without notice, if we reasonably believe you have broken these terms or the law, if your sending causes high bounce, complaint or unsubscribe rates, if a delivery provider, mailbox provider or blocklist operator raises a concern, or if continuing would expose us or others to harm or liability. You can stop using the service at any time. Sections 3, 4 and 8 to 16 survive termination.

7. Your content and data

You keep ownership of the lists, messages and other material you upload or create ("your content"). You give us a non-exclusive licence to host, copy, process and transmit your content only as needed to run the service for you, to keep it secure and to comply with law. You confirm you have the rights and lawful basis to upload your content and to have us process it. We handle personal data as described in our Privacy Policy. Keep your own copies of anything important: the service is not a backup, and data may be deleted after an account closes.

8. Business contact database

Where a contact database is made available to your workspace, the contact records you can search in the service are compiled from business sources and publicly available information. They may be out of date, incomplete or wrong, and an email address being present does not mean its owner has agreed to hear from you. You must decide for yourself whether you have a lawful basis to contact anyone you find there, and you must verify before you rely on a record.

9. AI drafting and verification tools

AI-drafted copy is generated automatically and can be inaccurate, inappropriate or similar to text produced for others. Review and edit it before you send it; you are responsible for what you send. Email verification results come from a third-party service and are estimates of deliverability, not guarantees. Open and click figures are approximate, because many mail clients block or pre-fetch tracking.

10. Fees

New workspaces start with a free trial of the length shown on the pricing page, with the trial's sending limits. No card is needed for the trial, and sending stops when it ends unless you choose a paid plan. Paid plans are monthly subscriptions billed in advance in US dollars by card or another method offered at checkout, through our payment processor Stripe. They renew automatically each month until cancelled. You can upgrade, downgrade or cancel at any time from the billing page; a cancellation takes effect at the end of the current paid period, and fees already paid are not refunded except where the law requires. Each plan has daily sending, inbox and contact limits; when a daily limit is reached, sending pauses until the next day. If a payment fails, sending may be paused until it is resolved. Prices exclude any taxes, which you are responsible for. We may change prices for future billing periods with at least 30 days' notice.

11. Intellectual property

The service, its software, design, text and the arrangement of the contact database belong to us or our licensors and are protected by copyright and other laws. Apart from the right to use the service under these terms, you get no rights in it. If you send us feedback we may use it freely. If you believe material on the service infringes your copyright, email advisor@fih.com identifying the work, the material and where it appears, with your contact details and a statement that you believe in good faith the use is not authorised.

12. Third-party services

The service depends on third parties, including hosting, email delivery, email verification and AI providers, and on your own domain and DNS hosts. We are not responsible for their availability, decisions or policies, including a provider suspending your sending, and your use of them may be subject to their own terms.

13. Disclaimer of warranties

The service is provided "as is" and "as available". To the fullest extent the law allows, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, non-infringement, accuracy, and uninterrupted or error-free operation. We do not promise any level of inbox placement, delivery, open rate, reply rate or business result, and nothing in the service is legal advice about your obligations as a sender.

14. Limitation of liability and indemnity

To the fullest extent the law allows, we will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, revenue, data, goodwill or sender reputation, arising out of or relating to the service, even if told they were possible. Our total liability for all claims relating to the service is limited to the greater of the amounts you paid us for the service in the 12 months before the claim arose and one hundred US dollars (US$100). Some jurisdictions do not allow these limits, so they may not all apply to you.

You agree to defend, indemnify and hold harmless FIH LLC and its affiliates, officers, employees and agents from all claims, fines, penalties, losses and costs, including reasonable attorneys' fees, arising from messages sent through your account, your content, your breach of these terms, or your breach of any law, including anti-spam and data protection law.

15. Disputes, arbitration and class action waiver

Please contact us first at advisor@fih.com; most concerns can be resolved informally within 60 days. If not, any dispute arising out of or relating to the service or these terms will be resolved by final and binding individual arbitration administered by the American Arbitration Association under its applicable rules, except that either party may bring an individual claim in small claims court, and either party may seek an injunction in court for misuse of intellectual property or of the service. The arbitrator decides all questions of arbitrability except the scope and enforceability of the class action waiver, which a court decides. You and we each waive the right to a jury trial and to bring or join any class, collective or representative action. You may opt out of this section within 30 days of first using the service by emailing your name, account email and a statement that you opt out to advisor@fih.com.

16. Governing law and general terms

These terms are governed by the laws of the State of New York and the Federal Arbitration Act, without regard to conflict-of-law rules. Subject to section 15, the state and federal courts in New York County, New York have exclusive jurisdiction. We may change these terms by posting a new version with a new date; continued use after that means you accept it. If any part is found unenforceable, the rest stays in effect. Our failure to enforce a term is not a waiver. You may not transfer your rights under these terms without our consent. These terms and the Privacy Policy are the whole agreement between you and us about the service.

Contact

Questions about these terms: advisor@fih.com.