Terms of Service

Welcome to Drift ("Service"), an AI-powered email marketing platform that helps e-commerce businesses create, edit, and deploy brand-consistent, personalized email campaigns in minutes provided by Drift, Inc. ("Drift," "we," "our," or "us").

By accessing or using our Service, you agree to be bound by these Terms of Service ("Terms") and our Privacy Policy. If you are using our Service on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms, in which case "you" refers to such entity.

If you do not agree with these Terms, you must not access or use our Service.

Drift is an AI-powered email marketing platform that enables businesses to:

• Analyze brand websites to extract voice, tone, and audience insights
• Generate on-brand email content in multiple languages
• Create and manage customizable email templates
• Integrate with Klaviyo and other email platforms
• Track campaign performance metrics

3.1 Account Creation

To use our Service, you must register for an account and provide accurate, complete, and updated information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

3.2 Account Security

You agree to:

• Maintain the confidentiality of your password
• Restrict access to your account
• Notify us immediately of any unauthorized access
• Take responsibility for all activities under your account

3.3 Age Restrictions

The Service is not intended for use by individuals under 18 years of age. By using the Service, you confirm that you are at least 18 years old.

4.1 Subscription Plans

Drift offers various subscription tiers as described on our pricing page. Features and limitations vary by plan.

4.2 Free Tier

We may offer a free tier with limited functionality. We reserve the right to modify or terminate free services at any time without notice.

4.3 Payment and Billing

For paid plans:

• Payment is due in advance of the billing cycle (monthly or annually)
• You authorize us to charge your payment method for all applicable fees
• Fees are non-refundable except as required by law or expressly stated in these Terms
• Prices are exclusive of taxes, which will be added where applicable

4.4 Subscription Changes and Cancellation

You may change or cancel your subscription at any time through your account settings. Changes will take effect at the end of the current billing cycle. No refunds will be provided for partial billing periods.

4.5 Price Changes

We reserve the right to change our prices. We will provide notice at least 30 days before any price change takes effect for existing subscribers.

5.1 General Restrictions

You agree not to:

• Use the Service in any way that violates applicable laws or regulations
• Infringe on the intellectual property rights of others
• Access the Service through automated means (except as permitted by our API)
• Attempt to bypass or break the Service's security measures
• Interfere with the proper operation of the Service
• Attempt to reverse engineer the Service
• Transfer your account to another party without our consent

5.2 Email Marketing Requirements

When using our Service for email marketing, you agree to:

• Comply with all applicable laws including CAN-SPAM, CASL, GDPR, and similar regulations
• Only send marketing communications to individuals who have provided appropriate consent
• Include a working unsubscribe mechanism in every email
• Honor unsubscribe requests promptly
• Not use false or misleading information in your emails
• Include your valid physical address in your emails

5.3 Content Restrictions

You agree not to use our Service to create, upload, or distribute content that:

• Is illegal, harmful, threatening, defamatory, or otherwise objectionable
• Infringes on intellectual property rights
• Contains malware or harmful code
• Promotes discrimination or violence
• Constitutes spam or unauthorized commercial communications

6.1 Our Intellectual Property

The Service, including all software, designs, text, graphics, and other content, is owned by Drift and is protected by intellectual property laws. Nothing in these Terms grants you any rights to our intellectual property except as explicitly stated.

6.2 License to Use the Service

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes.

6.3 Your Content

You retain ownership of content you submit to the Service. By submitting content, you grant us a worldwide, royalty-free license to use, reproduce, modify, and display such content solely for providing and improving the Service.

6.4 AI-Generated Content

You retain ownership of email content generated through our Service based on your inputs. However, we retain all rights to our AI models, algorithms, and systems used to generate content.

6.5 Brand Analysis Permissions

By submitting a website URL for brand analysis, you warrant that you have the right to authorize us to crawl and analyze the website content. You are responsible for obtaining any necessary permissions from the website owner.

6.6 Feedback

If you provide suggestions or feedback about our Service, you grant us an unlimited, irrevocable, perpetual, royalty-free license to use such feedback without compensation to you.

7.1 Privacy Policy

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference.

7.2 Data Processing

We process your data in accordance with our Privacy Policy and applicable data protection laws.

7.3 Security Measures

We implement reasonable security measures to protect your data. However, no method of transmission over the Internet or electronic storage is 100% secure, and we cannot guarantee absolute security.

7.4 Data Breach Notification

In the event of a data breach affecting your data, we will notify you in accordance with applicable laws.

8.1 Third-Party Services

The Service may integrate with third-party services like Klaviyo. Your use of such third-party services is subject to their terms and privacy policies.

8.2 Integration Limitations

We are not responsible for third-party services and make no warranties about their availability, reliability, or security.

8.3 API Usage

If you use our API:

• You must comply with our API documentation and restrictions
• We may impose rate limits on API usage
• We may change our API with reasonable notice
• We may revoke API access if you violate these Terms

9.1 Service Availability

We strive to maintain 99.9% uptime for our Service, excluding scheduled maintenance. However, we do not guarantee uninterrupted access to our Service.

9.2 Support

We provide customer support according to your subscription plan. Details are available on our website.

9.3 Modifications to the Service

We may modify the Service at any time, including adding or removing features. We will provide notice of material changes.

10.1 Term

These Terms will remain in effect until terminated by either you or us.

10.2 Termination by You

You may terminate these Terms by canceling your account and discontinuing use of the Service.

10.3 Termination by Us

We may suspend or terminate your access to the Service at any time for any reason, including if:

• You violate these Terms
• You use the Service in a way that could cause legal liability
• You are abusive to our staff or other users
• Your usage poses a security risk
• You haven't paid fees owed to us

10.4 Effect of Termination

Upon termination:

• Your right to use the Service will immediately cease
• We may delete your data in accordance with our data retention policy
• Sections of these Terms that by their nature should survive termination will survive

11.1 Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

11.2 AI-Generated Content Disclaimer

Our AI-generated content is created using machine learning algorithms. While we strive for high-quality output, we do not guarantee that such content will be error-free, original, accurate, or aligned with your brand's voice or marketing objectives.

11.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL DRIFT, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE
• ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE
• ANY CONTENT OBTAINED FROM THE SERVICE
• UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT OR TRANSMISSIONS
• THE QUALITY, ACCURACY, OR APPROPRIATENESS OF AI-GENERATED CONTENT

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICE DURING THE TWELVE (12) MONTHS PRIOR TO THE CLAIM.

You agree to defend, indemnify, and hold harmless Drift and its officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Your content
• Your use of AI-generated content

13.1 Governing Law

These Terms shall be governed by the laws of the State of California without regard to its conflict of law principles.

13.2 Dispute Resolution

Any disputes arising out of or relating to these Terms or the Service shall be resolved through binding arbitration conducted in San Francisco, California, except that you may assert claims in small claims court if your claims qualify.

13.3 Class Action Waiver

YOU AND DRIFT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

We may update these Terms from time to time. If we make material changes, we will notify you via email or through the Service. Your continued use of the Service after such notice constitutes your acceptance of the updated Terms.

15.1 Entire Agreement

These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and us concerning the Service.

15.2 Severability

If any provision of these Terms is found to be unenforceable, that provision will be limited to the minimum extent necessary so that these Terms will otherwise remain in effect.

15.3 No Waiver

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

15.4 Assignment

You may not assign these Terms without our prior written consent. We may assign these Terms to an affiliate or in connection with a merger, acquisition, or sale of assets.

15.5 Contact Information

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

Drift, Inc. Email: legal@trydrift.ai Website: https://trydrift.ai