Terms of Service

1.Agreement and eligibility

Behavly is a product of FoundryX (“Behavly”, “we”, “us”). By creating an account, clicking “accept” at sign-up, or using the Service, you (“Customer”, “you”) agree to these Terms, the Privacy Policy, the Cookie Notice and the AI Terms, which are part of this agreement.

The Service is built for businesses and is offered to you in the course of your trade or profession. You must be at least 18 years old. If you accept on behalf of a company or another legal entity, you confirm that you are authorised to bind it, and “you” then refers to that entity.

2.Definitions

• Service — the Behavly web application, its APIs, the tracking snippet, and every feature we make available through them.
• Workspace — the account space in which you and the team members you invite work together. One person may belong to several Workspaces.
• Connected Mailbox — an email account you own or are authorised to use, whose SMTP and IMAP credentials you store in Behavly so the Service can send and read email on your behalf.
• Snippet — the JavaScript tracking script Behavly provides for installation on websites and web applications you control.
• End Users — the people whose activity is recorded by the Snippet on your properties, and the recipients of emails you send through the Service.
• Customer Content — everything you and your End Users bring into the Service: End User behavioural data, contact details, brand settings, templates, campaign briefs, connected mailbox contents, files you upload, and the emails written for you.
• AI Features — the parts of the Service that use machine-learning models, described in the AI Terms.

3.Accounts and Workspaces

You can register with an email address and password, or sign in with Google or Microsoft. You are responsible for keeping your credentials confidential and for all activity under your account. Tell us at hello@behavly.io without delay if you believe an account has been compromised.

A Workspace owner may invite team members and assign roles. The owner is responsible for the people they invite and for the settings they choose, including the AI and privacy settings described in the AI Terms. Information you give us must be accurate and kept up to date.

4.What the Service does

The Service consists of the following, and nothing beyond it:

• User activity tracking.The Snippet records how the logged-in users of your own product or website behave: pages viewed, clicks, scrolling, cursor movement for heatmaps, and form interaction signals. When your application identifies a user, Behavly links that activity to the user’s email address so it can be acted on.
• Segments. Rules that group End Users by their behaviour, including segments you describe in plain language and Behavly translates into rules for your confirmation.
• AI-written follow-ups. Emails written individually for each recipient from their behaviour, your brand settings and your instructions, sent through a Connected Mailbox. Adaptive campaigns additionally decide when to send the next email, when to wait, and when to stop, within the limits you set.
• Email designs. Templates and images generated or edited for you, and a brand profile derived from your website.
• Inbox. Replies and bounces read from your Connected Mailbox, classified, and where you choose, answered with a draft you review.
• Insights. Statistics about campaigns, engagement and End User behaviour, and a support assistant that answers questions about Behavly.

We may add, change or retire features. Where a change materially reduces what you can do, we will tell you in the application or by email in advance.

5.Connected Mailboxes

Behavly does not operate its own sending infrastructure. Every email is sent through a mailbox you connect, using your email provider’s servers, and appears to recipients as sent by you. You confirm that you own or are authorised to use each Connected Mailbox and that connecting it does not breach your provider’s terms.

• Credentials are encrypted before they are stored and are used only to send the emails you ask for, to send Workspace invitations, and to read the mailbox for replies and bounces.
• Your provider’s sending limits, deliverability and spam filtering are outside our control. We do not guarantee that any email reaches an inbox.
• You can set a daily sending limit and a minimum gap between sends for each mailbox, and you can disconnect a mailbox at any time. Disconnecting deletes the stored credentials.

6.Your responsibilities

You are the sender of every email and the operator of every site where the Snippet runs. You agree that you will:

• install the Snippet only on websites and applications you control, and only after you have a lawful basis for recording your End Users’ activity, including any notice or consent your law requires;
• email only people you are entitled to email, honour every unsubscribe request, keep the unsubscribe link Behavly adds, and comply with the anti-spam and privacy laws that apply to you and to your recipients;
• review what the AI Features produce before it goes out where review is available, and remain responsible for it in every case;
• give us accurate brand and sender information, and not impersonate any person or organisation.

You agree that you will not:

• use the Service to send unsolicited bulk email, deceptive content, or anything unlawful, harmful or infringing;
• record the activity of people on sites you do not control, or attempt to identify people who have not been identified by your own application;
• upload or process special categories of personal data, payment card data, or the data of children, through the Service;
• resell, sublicense, or provide the Service to third parties, or use it to build a competing product;
• probe, overload, reverse-engineer, or interfere with the Service, or access it by any means other than the interfaces we provide;
• use data obtained through the Service for any purpose other than your own communication with your own End Users.

7.Customer Content and data processing

Customer Content belongs to you. You grant us the right to host, process, transmit and display it only as needed to provide the Service, to keep it secure, and to comply with the law. We claim no other rights in it.

For personal data of End Users, you are the controller and Behavly is your processor. We process that data only on your documented instructions, which are these Terms and the settings you choose in the application; we keep it confidential; we apply the security measures described in the Privacy Policy; we engage only the sub-processors listed there and tell you before adding one; we assist you with End User requests and with your own compliance obligations to the extent the Service allows; and we delete or return End User data at the end of the agreement, subject to the retention rules in the Privacy Policy. A signed copy of these processing commitments is available on request from hello@behavly.io.

You are responsible for the lawfulness of the Customer Content you bring to the Service and for the instructions you give us. We may remove content that breaches these Terms.

8.AI Features

The AI Features are governed by the AI Terms. In short: the output is written for you and belongs to you, it can be wrong, you are responsible for what you send, and you can switch the AI Features off for a Workspace at any time.

9.Fees

The Service is currently provided without charge while pricing is rolled out. If we introduce paid plans, we will show the price, the billing period and what is included before you subscribe, and nothing will be charged without your express order. Features that remain free will be identified as such.

10.Intellectual property and feedback

The Service, including its software, design, prompts and documentation, is owned by FoundryX and its licensors and is protected by intellectual property law. You receive a limited, non-exclusive, non-transferable right to use it in accordance with these Terms for the duration of the agreement.

If you send us suggestions or post them on the in-app feedback board, we may use them freely and without obligation to you.

11.Availability and support

We work to keep the Service available and to fix faults promptly, but we do not promise uninterrupted operation. Maintenance, provider outages and events outside our control can cause downtime. Support is provided by email at hello@behavly.io and through the in-app assistant.

12.Term and termination

The agreement starts when you accept these Terms and continues until it is ended. You can end it at any time by emailing hello@behavly.io from the address on your account; we will delete your Workspace data as described in the Privacy Policy. Where you belong to a Workspace owned by someone else, that owner controls the Workspace and its data.

We may suspend or end your access immediately if you materially breach these Terms, if your use puts the Service, other customers or recipients at risk, if a Connected Mailbox is used to send unlawful email, or if we are required to by law. Where reasonable, we will warn you first and give you the chance to fix the problem.

On termination your right to use the Service ends, and sections 7, 10, 13, 14 and 15 continue to apply.

13.Warranties and disclaimer

We will provide the Service with reasonable skill and care. Beyond that, the Service is provided “as is”. To the extent the law allows, we disclaim all other warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement. We do not warrant that emails will be delivered, that End User behaviour will be captured completely, or that AI-generated content will be accurate, appropriate or effective.

14.Limitation of liability

To the extent the law allows, neither party is liable to the other for indirect, incidental, consequential or punitive damages, or for lost profits, revenue, goodwill or data, arising out of this agreement, however caused.

To the extent the law allows, our total liability for all claims arising out of this agreement in any twelve-month period is limited to the amounts you paid us for the Service in that period, or one hundred euros if you paid nothing.

Nothing in these Terms limits liability for intent or gross negligence, for death or personal injury, or for anything that cannot be limited under the law that applies to you.

15.Indemnity

You will defend and indemnify us against third-party claims, and the resulting damages and reasonable costs, to the extent they arise from Customer Content, from emails you send through the Service, from your use of the Snippet on your properties, or from your breach of section 6.

16.Changes to these Terms

We may update these Terms. For material changes we will give at least 14 days’ notice in the application or by email before they take effect. If you continue to use the Service after that date, you accept the updated Terms; if you do not agree, end the agreement before that date. The version you accepted is recorded on your account.

17.General

These Terms, together with the documents they reference, are the entire agreement between us about the Service. If any provision is found unenforceable, the rest remains in force. You may not assign this agreement without our consent; we may assign it to a successor of the Behavly business. Neither party is liable for delay or failure caused by events beyond its reasonable control. Notices to us go to hello@behavly.io; notices to you go to the email address on your account.

18.Contact

Questions about these Terms: hello@behavly.io.