Terms of Service

Last updated: August 18, 2026

Effective date: August 18, 2026

These Terms of Service (the "Terms") are a binding agreement between ReachMailer LLC ("ReachMailer," "we," "us," or "our"), a Wyoming limited liability company, and the business that purchases our services (the "Client," "you," or "your").

Please read section 4 carefully. It defines what counts as an interested lead, which is what you are billed for under section 7.

1. Agreement and acceptance

You accept these Terms when you complete sign-up, sign a proposal or order form that references them, or begin using the service, whichever happens first. If you are accepting on behalf of a business, you represent that you are at least 18 years old and have authority to bind that business.

Our services are intended for businesses operating in the United States.

2. The service

ReachMailer provides done-for-you B2B outbound email lead generation for contractors seeking commercial accounts. We build a verified list of commercial targets in your service area, you approve it, and we run outbound email campaigns in your name from sending domains and inboxes we configure. Interested replies are delivered to you.

The standard engagement includes:

A verified list of commercial targets in your service area
Campaign copy written for your trade
Sending domains and inboxes configured and warmed for deliverability
Multi-step follow-up on every contact
Monitoring of replies and delivery of interested leads to you
Weekly reporting

We target commercial decision-makers such as property managers, general contractors, and facilities operators. We do not send to consumers.

Monitoring and delivery means we watch the campaign inbox and pass interested replies to you. It does not include replying to prospects on your behalf. Responding to leads is your responsibility unless you purchase the add-on described in section 3.

3. Add-ons and lead exclusivity

Reply management. For an additional fee, quoted to you in writing before it begins, our team will respond to and follow up with leads by email on your behalf, through to handoff. This add-on is limited to email. We do not make phone calls, attend meetings, negotiate, quote work, or run sales conversations for you.

Add-on services are optional, are billed in addition to the fees in section 7, and may be started or stopped in writing at any time. Purchasing an add-on does not change your per-lead rate, your free first 10 leads, or the definition in section 4.

If you purchase reply management, the client obligation to respond to delivered leads within 3 business days under section 5.5 is satisfied by us for as long as the add-on is active.

3.1 Lead exclusivity, and its limits

Every lead we deliver to you is delivered only to you. We do not sell, share, or re-deliver a reply generated by your campaign to any other client. The prospect replied to an email sent in your name, about your company.

That is lead exclusivity, not territory exclusivity. Unless a separate written agreement says otherwise, we may serve other clients, including clients in your trade and in your service area, and a given prospect may be contacted on behalf of more than one client through separate campaigns.

4. What counts as an interested lead

4.1 The standard

An interested lead is a reply where the person asks you for something: information, pricing, a call, a meeting, or a follow-up at a specific time.

You read every reply yourself. We’re not sending you a report, we’re sending you the message the person actually typed. If you don’t think one counts, tell us within 72 hours and we’ll pull it, no questions asked.

A company counts once. If two people at the same company each reply asking for something, that is one interested lead, not two, and a lead counts once regardless of how many messages that company subsequently sends.

4.2 What does not count

The following are not interested leads, never count toward your free first 10, and are never billed:

Out-of-office messages and other automated replies
Bounces and delivery failures
Unsubscribe or removal requests
Explicit not-interested replies
Wrong-person replies, including referrals to someone at another company
Hostile or abusive replies

4.3 Quality is not the standard

A reply that meets the standard in 4.1 counts as a lead regardless of whether you consider the prospect a good fit, whether the prospect turns out to have the budget or timeline you wanted, whether the prospect stops responding later, whether you win the work, or whether any revenue results. We bill for interested replies delivered. We do not bill for, and do not measure, outcomes.

4.4 Examples

These replies would count:

"We’re putting the Maple Ridge portfolio out for bids in Q1. Send over your COI and a rate sheet and I’ll get you on the list."
"Timing is not terrible. Our current vendor has been slow to show up. What is your response time on emergency calls?"
"I don’t handle this for the whole portfolio, but I do for the two buildings on Harrison. Can you come walk them next week?"

These replies would not count:

"I am out of the office until the 14th with limited access to email. For urgent matters contact the main line."
"Please take me off this list."
"We handle all of our maintenance in-house. Not interested."

4.5 Disputing a lead

If you do not think a delivered reply meets the standard in 4.1, tell us in writing at info@reachmailer.com within 72 hours of that lead being delivered to you. We will pull it from the count, no questions asked, and it will not be billed.

A lead not disputed in writing within 72 hours of delivery is deemed accepted and counts toward your billable total under section 7.

5. What we promise and what we do not

5.1 No lead-count guarantee

We do not guarantee any number of interested leads, and we do not promise them within any particular period. We work your campaign and deliver the interested replies it produces.

You are never charged for leads we do not deliver. Because the first 10 interested leads are free under section 7, a client who never reaches 10 pays nothing at all.

5.2 What we do not guarantee

We deliver interested replies as defined in section 4, and nothing else. We do not guarantee sales, revenue, closed deals, signed contracts, site visits, quoted jobs, or any other business outcome. A reply asking you for pricing counts as an interested lead under section 4. It is not a promise that you will be asked to quote, that your quote will be accepted, or that any work will follow. We do not control your pricing, your sales process, your capacity, or how quickly you respond, and those factors determine whether a lead becomes work.

5.3 Sole remedy

Your sole and exclusive remedy for any dissatisfaction with lead volume is to end the engagement under section 6 and to dispute individual leads under section 4.5. Fees for billable leads already delivered and not disputed remain payable. No refund, credit, damages, or other remedy is available.

5.4 When work starts

Sending begins after you approve your target list. Nothing is delivered and nothing becomes billable before that.

5.5 Your participation

Campaign performance depends on your participation. We may pause or terminate the engagement, at our election, if you:

Fail to approve your target list within 10 business days of us delivering it.
Fail, on an ongoing basis, to respond to delivered leads within 3 business days, or fail to designate a person responsible for responding to leads.
Materially change your target profile, service area, or offer mid-campaign. We may treat this as a new campaign. Leads already delivered keep counting toward your free first 10.
Provide inaccurate information about your business, licensing, service area, or capacity.
Fail to make payment when due.
Breach any other term of this agreement.

These are conditions on your participation, not hidden exclusions. If you approve your list promptly and answer your leads, they will not affect you.

5.6 Our right to exit

If, after starting work, we determine in good faith that your market cannot support useful volume, we may terminate this agreement. You will owe nothing beyond billable leads already delivered. This is our right and our decision. It is not a right you can invoke, and it does not create any obligation on us to exercise it.

6. Term, cancellation, and termination

Term. Your engagement begins on the date sending commences and continues month to month until either party ends it. There is no fixed term and no minimum commitment.

Ending it. Either party may end the engagement at any time on written notice, for any reason or none. Sending stops when we process the notice. Billable leads already delivered and not disputed under section 4.5 are due and payable in the next monthly charge described in section 7. Nothing further is owed by either party, and nothing renews automatically.

Termination by us. We may terminate immediately on written notice if you breach these Terms, fail to pay, initiate a chargeback, or violate section 9.

On termination for any reason, we stop delivering leads and the sending infrastructure is retired or repurposed as described in section 12. We will remove your saved payment method after the final charge has cleared.

7. Fees, payment, and chargebacks

Everything is tied to delivery. There is no charge to begin and no subscription. Your per-lead rate is confirmed to you in writing before you sign up, and that written quote forms part of this agreement. Payments are processed by Stripe. Completing sign-up constitutes acceptance of these Terms.

Setup. Free. Building your target list, verifying it, and configuring and warming the sending infrastructure are provided at no charge. Nothing is due before work begins.
Your first 10 interested leads. Free. No charge is made for the first 10 interested leads we deliver, as determined under section 4.
Interested leads after the first 10. Billed at your per-lead rate. That rate depends on your trade and your market, is quoted to you in writing before you sign up, and does not change during the engagement unless we agree a new rate with you in writing.

Card on file. You authorize us to keep a valid payment method on file with Stripe and to charge it for billable interested leads as described below. Saving your card does not charge it. No charge is made at sign-up.

When you are charged. We bill monthly in arrears. On the third day after the end of each calendar month, we charge your card on file for the interested leads delivered during that month beyond your free first 10, at your per-lead rate. Billing that way means every lead in the month has had at least the 72-hour dispute window in section 4.5 before it can be charged.

Every charge is made by hand. Charges are initiated manually by us. Nothing is charged automatically, and there is no recurring or scheduled payment on your card. We will send an itemized statement of the leads being billed to the email address on your account before we charge, and a receipt after.

A lead you dispute under section 4.5, and which we agree does not meet section 4.1, is removed from your billable count and is not charged. If a dispute is raised after that lead has already been billed, we credit it against your next monthly charge, or refund it if the engagement has ended.

Nothing is owed for leads we do not deliver. If we deliver 10 or fewer interested leads, you are charged nothing at all. Billable leads already delivered and not disputed are due in full and are not refundable, including where the engagement ends under section 6.

No other fees. There is no setup fee, no monthly retainer, no percentage of your revenue, and no minimum spend. The per-lead rate on leads past your first 10 is the only charge.

Chargebacks. If you have a billing concern, you agree to raise it with us directly at info@reachmailer.com before disputing a charge with your bank or card issuer. If you initiate a chargeback or payment dispute for services we have rendered, we may immediately suspend all work, terminate this agreement, and pursue recovery of the disputed amount together with any fees and costs we incur in doing so.

Non-payment. We may suspend all services immediately if payment is not made when due. No leads are delivered and none become billable during a suspension.

8. Client responsibilities and compliance

You are responsible for the following, and campaign performance depends on them:

Approving your target list within the time stated in section 5.5
Designating a person responsible for responding to delivered leads
Complying with all laws that apply to commercial email sent in your name, including the CAN-SPAM Act, and telling us before sending begins if your situation requires anything our standard setup does not already cover
Honoring any opt-out or removal request a prospect sends you directly
Holding all licenses, registrations, bonds, and insurance required for the work you solicit
Ensuring that every claim about your business that you ask us to make in campaign copy is accurate and substantiated
Responding to delivered leads promptly and handling their information lawfully

Email compliance configuration. Our standard setup does not add a physical postal address to message footers, and unsubscribe links are enabled per campaign rather than by default. Laws applicable to commercial email, including the CAN-SPAM Act, may require both. You are the advertised sender. Tell us before sending begins which of these to enable and we will configure them at no charge. If you direct us to send without them, you do so on your own assessment of your legal position and accept responsibility for that decision, and the indemnity in section 15 applies.

9. Prohibited use

You may not use the service to send:

Email to consumers or to any non-business recipient
Offers in regulated categories where the offer or the sender is not properly licensed and compliant
Deceptive, misleading, fraudulent, or illegal offers
Content that infringes a third party’s rights

We may terminate immediately if you violate this section. You remain liable for fees already incurred.

10. Deliverability and data accuracy

Deliverability. We take reasonable measures to protect inbox placement, including dedicated sending domains, warm-up, and controlled sending volume. Inbox placement is ultimately decided by third-party mail providers and their filtering, and we do not guarantee that any particular message reaches an inbox.

Data accuracy. Prospect data is compiled from publicly available and licensed sources. It may be incomplete, outdated, or inaccurate. We do not warrant its accuracy or completeness.

11. Third-party dependencies

The service depends on third-party platforms and providers, including Instantly.ai for campaign delivery, email service providers, domain registrars, data providers, and payment processing by Stripe.

We are not liable for their outages, errors, policy changes, price changes, account suspensions, or discontinuation of service. If a third party materially changes or ceases its service, we may substitute a comparable provider or, if no comparable provider is reasonably available, terminate this agreement. In that case you owe nothing beyond billable leads already delivered.

12. Ownership

All infrastructure and materials used to deliver the service are and remain our property. This includes sending domains, email accounts and inboxes, prospect lists, campaign copy, sequences, templates, tooling, software, and any process, methodology, or know-how we develop or use. Nothing in this agreement transfers ownership of any of it to you, and no license is granted except the right to receive the service during your engagement and the rights in delivered lead records described below.

You retain ownership of your own business information and of any content you supply to us. You grant us a license to use that content for the purpose of delivering the service.

On termination, we will provide you with a copy of the reply correspondence generated during your engagement, together with the name, business email address, and company of every interested lead we delivered to you. You keep a perpetual, royalty-free right to use those records in your own business, including after this agreement ends. We retain everything else, including the sending domains and the prospect lists, which we may retire or repurpose at our discretion.

We do not sell, resell, or redistribute the replies generated by your campaign to any other client.

13. Confidentiality

Each party may receive non-public information from the other. Each party agrees to use the other’s confidential information only to perform under this agreement and to protect it with reasonable care. This obligation does not apply to information that is or becomes public through no fault of the receiving party, was already known to the receiving party, is independently developed without reference to the confidential information, or is lawfully obtained from a third party. Either party may disclose confidential information where required by law, after giving the other party notice where legally permitted.

14. Publicity

We may identify you as a customer, use your business name and logo, and reference anonymized campaign results in our marketing. You may opt out at any time by writing to info@reachmailer.com, and we will stop using your name in new materials within a reasonable period.

15. Indemnification

You agree to defend, indemnify, and hold harmless ReachMailer LLC and its members, officers, employees, and contractors from and against all claims, demands, investigations, damages, liabilities, penalties, and costs, including reasonable attorneys’ fees, arising out of or relating to:

Your business, your services, your workmanship, or your licensing
The accuracy of any claim about your business used in campaign copy
Your handling of delivered leads and of prospect data
Your breach of these Terms or of any applicable law

16. Limitation of liability

To the fullest extent permitted by law, our total aggregate liability for all claims arising out of or relating to this agreement or the service is limited to the greater of the total fees you have paid us under this agreement and one thousand dollars.

That limit does not apply to our breach of section 13, our gross negligence, or our willful misconduct.

We are not liable for indirect, incidental, consequential, special, exemplary, or punitive damages, or for lost profits, lost revenue, lost business, lost data, or lost opportunity, under any theory of liability, whether in contract, tort, or otherwise, even if we have been advised of the possibility of such damages.

17. Disclaimer of warranties

The service is provided "as is" and "as available." We disclaim all other warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. No advice or information obtained from us creates any warranty not expressly stated here.

18. Independent contractor

We are an independent contractor. Nothing in this agreement creates an employment, partnership, joint venture, franchise, or agency relationship. Although we send email in your name, we do not have authority to bind you to any contract, and we do not quote, price, or accept work on your behalf.

19. Assignment

You may not assign or transfer this agreement, or any rights under it including your per-lead rate, whether by operation of law, change of control, or sale of your business, without our prior written consent. We may assign this agreement freely. Any attempted assignment in violation of this section is void.

20. Force majeure

We are not liable for any delay or failure to perform caused by events beyond our reasonable control, including acts of God, natural disaster, war, terrorism, civil unrest, labor disputes, epidemic, government action, internet or utility failure, cyberattack, or the failure or suspension of a third-party platform on which the service depends. No leads are delivered and none become billable during any such event. If it continues for more than 30 days, either party may end this agreement on written notice, and you will owe nothing beyond billable leads already delivered.

21. Governing law and disputes

These Terms are governed by the laws of the State of Wyoming, without regard to its conflict of law principles.

Before filing any action, the parties agree to attempt in good faith to resolve the dispute by direct negotiation for 30 days after written notice of the dispute. Any dispute not resolved that way shall be brought exclusively in the state or federal courts located in Wyoming, and both parties consent to personal jurisdiction and venue there and waive any objection based on inconvenient forum.

Except as provided in section 7 (chargebacks) and section 15 (indemnification), each party bears its own attorneys’ fees and costs in any dispute arising out of this agreement.

22. Entire agreement

These Terms, together with any order form, proposal, or written fee quote that we issue to you, constitute the entire agreement between you and ReachMailer regarding the service. They supersede and replace all prior and contemporaneous discussions, proposals, quotes, sales conversations, emails, demonstrations, and representations, whether oral or written.

No statement made during a sales call, in marketing materials, on our website, or in any other communication forms part of this agreement or creates any obligation, warranty, or guarantee beyond what is written here.

You acknowledge that you are not relying on any statement, promise, or representation that is not set out in these Terms. No modification, amendment, or waiver of these Terms is effective unless it is in writing and signed by an authorized representative of ReachMailer. Our failure to enforce any provision is not a waiver of our right to enforce it later.

23. Changes to these terms

We may update these Terms. For material changes affecting an active engagement, we will give you at least 30 days written notice by email to the address on your account, and the change takes effect 30 days after that notice. Continuing to use the service after the change takes effect constitutes acceptance. If you do not accept a material change, your remedy is to end the engagement in accordance with section 6.

24. Notices

Notices to us must be in writing and sent to info@reachmailer.com and, where these Terms require written notice of termination or a legal claim, also by mail to:

ReachMailer LLC
3202 Rivercrest Dr
Austin, TX 78746

Notices to you will be sent to the email address on your account and are deemed received on the next business day after sending.

25. Severability and survival

If any provision of these Terms is held unenforceable, that provision will be limited or severed to the minimum extent necessary and the remaining provisions stay in full force.

The following survive termination or expiration of this agreement: sections 5.2 and 5.3 (what we do not guarantee, and sole remedy), section 7 as to amounts owed, section 12 (Ownership), section 13 (Confidentiality), section 15 (Indemnification), section 16 (Limitation of liability), section 17 (Disclaimer of warranties), section 19 (Assignment), section 21 (Governing law and disputes), section 22 (Entire agreement), and this section 25.

26. Contact

Questions about these Terms? See also our Privacy Policy and Cookie Policy.

ReachMailer LLC
Email: info@reachmailer.com