Terms of Service

Last updated: October 10, 2026

Effective date: October 10, 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 tick the box and click "I agree" on our sign-up page, when you save a payment method on our Stripe page, or when you sign a proposal or order form that references them, whichever happens first. If you are accepting for a business, you confirm you are at least 18 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.

3.2 Contacting prospects in your name

You authorize us, during your engagement, to contact possible customers for your business by email, by phone, and by text message where the law and phone carrier rules allow, to introduce your business, answer basic questions using facts you approve, and book calls or visits between you and them. We write and speak in our own name (Derek Preheim, ReachMailer) and say that we are working with you. We do not quote prices, promise dates, or sign or agree to anything for you, beyond booking times you have offered. You authorize us to register your business name, address, tax ID and contact details with phone carriers, The Campaign Registry and our messaging providers when texting in your name requires it. You confirm that the facts you give us are true and that you hold the licenses for the work you offer. You also confirm this authorization separately when you sign up. It ends when this agreement ends.

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 take it out of your count while we look at it.

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 lead meets the standard in 4.1, tell us in writing within 72 hours of delivery, by email to info@reachmailer.com or by text to the number we text you from. When you dispute a lead:

We take it out of your billable count right away while we review it
We pause sending on your campaign until the dispute is resolved
We review it personally and tell you the outcome and the reason

If we agree the lead does not meet 4.1, it is never billed, and it does not count toward your 10 free leads. If we decide it does meet 4.1, it counts as delivered on its original date and is billed on your next weekly statement under section 7 (or counts toward your free leads, if you are still in your trial). A lead not disputed within 72 hours of delivery is 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 starts when you accept these Terms and continues month to month until either of us ends it. There is no fixed term and no minimum.

Ending it. You can end it at any time, for any reason, by email to info@reachmailer.com, by text to the number we text you from, or by replying "cancel my account" to any statement email. We confirm by email. Sending stops when we process your notice, normally the same business day. Leads already delivered keep their 72-hour dispute window. Delivered leads that are not disputed and not yet billed go on one final statement and charge under section 7 after their windows close. Nothing else is owed and nothing renews. After the final charge clears we remove your saved payment method.

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.

7. Fees, payment, and chargebacks

Everything is tied to delivery. Payments are processed by Stripe.

7.1 What you pay

Setup is free. Your first 10 interested leads are free (your "trial"). No payment method is needed to start, and nothing is charged during the trial. After the trial, each interested lead we deliver, as determined under section 4, is billed at your per-lead rate. We agree that rate with you on a call after your free leads are delivered and confirm it in writing (email or text) before any paid lead is delivered. That written rate is part of this agreement, is the only per-lead rate you will be charged, and changes only if we both agree in writing. There is no setup fee, no retainer, no minimum spend, and no other charge unless you buy an add-on we quote in writing. If we deliver 10 or fewer interested leads, you are charged nothing at all.

7.2 Payment method

To receive leads after the trial, you save a card or a US business bank account with our payment processor, Stripe. We never see or store your full card or account number. Saving a payment method does not charge it. We deliver paid leads only while a valid payment method is on file.

7.3 When you are charged

We bill weekly. A lead goes on that week’s statement when it was delivered to you, its 72-hour dispute window closed before we send that week’s statement, it is not under dispute, and it has not been billed before. We email you that itemized statement, listing each lead, its delivery date, and your rate, on Sunday (US Eastern Time) before the charge. We review and approve every weekly charge ourselves before it is made, and we charge on or after 9:00 PM Eastern that Sunday for exactly the leads on that statement. A lead whose window closes after the statement is sent goes on the next week’s statement. If we do not approve a charge in a given week, those leads move to the next week’s statement. If no leads qualify, nothing is charged. Stripe emails you an itemized receipt after every charge.

7.4 Your authorization for weekly charges

By saving a payment method you authorize ReachMailer LLC to charge it automatically each week for the amount on that week’s statement (the number of billable leads times your per-lead rate) until this agreement ends and the final charge under section 6 is made. If you pay by bank account, you also authorize ACH debits from that account on the same basis, and you confirm it is a business account you are allowed to authorize. Bank debits can take up to 4 business days to settle. Every charge is itemized on your statement and on your receipt. We will email you at least 7 days before we change the day of the week we charge. You can replace your payment method at any time by asking us for a new link.

7.5 Free and disputed leads

Trial leads are never billed. A disputed lead is handled under section 4.5: we take it out of your billable count while we review it, it is never billed if it does not meet section 4.1, and if it does it is billed in the next weekly run.

7.6 Failed payments

If a charge fails, we may retry it through Stripe. If it still fails, we pause sending and delivery until the balance is paid. You remain responsible for leads already delivered and not disputed.

7.7 Cancellation

No contract and no minimum. You can cancel at any time under section 6. Delivery stops, and delivered leads that are not disputed and not yet billed are charged in one final weekly run after their windows close. Nothing else is owed.

7.8 Billing questions and refunds

Please review each statement when it arrives and send any question to info@reachmailer.com or by text to the number we text you from. Leads delivered and not disputed within the 72-hour window are not refundable. If we made a billing mistake, we correct it on your next statement or refund it.

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. Every campaign email we send for you identifies itself as a sales email and includes an unsubscribe header and link, a way to opt out by reply, and two postal addresses: yours, as the business whose services are offered, and ours. You give us a valid mailing address for your business at sign-up. It can be a street address, a PO box registered with the US Postal Service, or a private mailbox registered with a commercial mail receiving agency. We honor every opt-out we receive for your campaigns and send them to you so you can honor them too.

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. We post the new version here with a new "Last updated" date. If a change affects you while you are a client, we email you at least 7 days before it applies to you. Changes apply only going forward: they never apply to leads already delivered, and they never change your per-lead rate, which changes only with your written agreement. If you do not want a change, you can end the agreement under section 6 before it applies, and the earlier terms cover everything delivered up to then. Changes required by law, or that only benefit you, can apply sooner.

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