Terms of Service

These Terms govern your use of Clement, a cold-email outreach platform operated by Julian Schoen (Einzelunternehmer), Rudolf-Carsten-Str. 29, 23611 Bad Schwartau, Germany ("Clement", "we", "us"). By creating an account or using the service, you agree to these Terms.

1. The service

Clement helps you connect your own email inboxes (Gmail, Outlook, SMTP/IMAP), run cold-email campaigns through them, detect replies and bounces, and monitor deliverability. You connect your own sending accounts; Clement does not provide its own SMTP relay or sender reputation.

2. Eligibility and accounts

• Clement is intended for business use. You confirm you are at least 18 years old and authorised to bind any organisation you sign up on behalf of.
• You are responsible for keeping your account credentials secure and for all activity under your account.
• You must provide accurate signup information.

3. Subscriptions, billing, and trials

• Clement is offered on monthly or annual subscription plans. Current pricing is shown at clement.so/pricing.
• New workspaces start with a 14-day free trial when you select a plan and add a payment method. We do not charge during the trial. If you do not cancel before the trial ends, the plan you selected will begin and your payment method will be charged for the first billing period.
• You can cancel at any time during the trial from the Customer Portal — cancellation during the trial means no charge will be made and access ends at the trial's scheduled end date.
• After the trial converts, subscriptions renew automatically at the end of each billing period unless cancelled beforehand. Cancellation takes effect at the end of the current period.
• Fees are charged in USD plus applicable taxes (VAT, sales tax). Payments are processed by Stripe.
• We do not provide refunds for partial billing periods. Annual prepayments are non-refundable except where required by law.
• We may change prices with at least 30 days' notice; changes apply at the start of your next billing period.

4. Acceptable use

When you send email through Clement, you are responsible for compliance with all laws applicable to your sending — including CAN-SPAM (US), CASL (Canada), GDPR and ePrivacy (EU/UK), and any other anti-spam or marketing-consent regimes. You must:

• Only send to recipients with whom you have a legitimate business interest or prior consent;
• Use accurate "from" names, subject lines, and reply-to addresses;
• Include a working unsubscribe link in every commercial message and honour unsubscribes within 10 days;
• Include a valid physical postal address in marketing emails;
• Not send unsolicited bulk email ("spam") or use lists obtained from disreputable sources.

You may not use Clement to:

• Send unsolicited commercial electronic messages, as defined by the anti-spam laws that apply to you or your recipients;
• Send phishing, malware, or fraudulent messages;
• Harass, threaten, or harm any person;
• Promote illegal goods or services;
• Circumvent the rate limits, suppression list, or any other technical control we apply for deliverability and abuse prevention.

We may suspend or terminate accounts that violate this section without refund. We may also report serious abuse to upstream providers (Google, Microsoft, etc.) and law enforcement where required.

5. Your data and our role

Lead lists, campaign content, and inbox data you upload or generate remain yours. You are the data controller for your customer/lead data; Clement is the data processor. A Data Processing Agreement is available on request.

You grant Clement a limited licence to process this data solely as necessary to provide the service. We do not sell, share, or use your data for advertising. See our Privacy Policy for details.

You are responsible for the contacts and content you bring to Clement. You confirm that your lead data was obtained lawfully, that you have a legal basis (such as legitimate interest or consent) to contact the people in it, and that your messages comply with the laws that apply to you and your recipients.

6. Connected inboxes and third-party services

Clement connects to your email accounts via OAuth or SMTP/IMAP. By connecting an inbox, you authorise Clement to send and read mail on your behalf for the features you enable. You may revoke this access at any time by disconnecting the inbox or revoking the OAuth grant in your Google or Microsoft account.

You are responsible for complying with the terms of your email provider (Google Workspace, Outlook, etc.) and any sending limits they impose.

7. AI features

Clement includes AI features, such as the Slack assistant, which can draft messages and propose actions in your workspace. AI output can be inaccurate or incomplete. Review it before you rely on it or send it to anyone: you are responsible for the messages you send and the actions you confirm, including ones drafted or proposed by AI.

Actions that send email, delete data, or are hard to undo ask for your confirmation first. Your data is never used to train AI models; see our Privacy Policy.

8. Service availability

We aim for high availability but do not commit to a formal SLA on standard plans. We may perform maintenance, deploys, and upgrades that briefly interrupt the service. Enterprise plans may include negotiated availability commitments.

9. Disclaimers

Clement is provided "as is" without warranties of any kind, except those that cannot be disclaimed under applicable law. We do not warrant any specific deliverability outcome, open rate, reply rate, or revenue result. Email deliverability depends on factors outside our control, including the reputation of your sending domain, the content of your messages, the recipient mail provider's filters, and your warmup history.

10. Limitation of liability

To the maximum extent permitted by law, our aggregate liability for any claim arising out of or relating to these Terms is limited to the fees you paid to Clement in the 12 months preceding the event giving rise to the claim. We are not liable for indirect, incidental, special, consequential, or punitive damages, including lost profits, lost business, or lost data, even if advised of the possibility.

Nothing in these Terms limits liability for fraud, intent, gross negligence, or any other liability that cannot be limited under applicable law.

11. Indemnity

You will indemnify Clement against third-party claims, fines, and reasonable legal costs arising from your use of the service in breach of these Terms or of applicable law, in particular the messages you send, your lead data, and breaches of the Acceptable Use section, to the extent you are responsible for the breach. We will tell you promptly about any such claim and let you take part in the defence.

12. Termination

You may cancel at any time from the Customer Portal. We may terminate or suspend your access for material breach of these Terms (including the Acceptable Use section), non-payment, or risk to other users or our infrastructure. On termination, sending stops.

After you cancel, your workspace and its data stay available so you can export them (for example through the API) or resubscribe. You can delete your workspace at any time in Settings; its data is then deleted within 30 days, except records we must keep by law, such as invoices.

13. Confidentiality

Each party keeps the other's non-public information confidential and uses it only to perform these Terms. This doesn't apply to information that is public, already known, independently developed, or that must be disclosed by law.

14. Changes to these terms

We may update these Terms over time. For material changes we'll notify active customers by email at least 30 days before they take effect. Continued use of the service after changes take effect constitutes acceptance.

15. General

Neither party is liable for delays or failures caused by events beyond its reasonable control, such as outages of internet, hosting, or email providers.

We may transfer these Terms to a successor, for example if Clement becomes a company or is acquired; we'll tell you if that happens. You may transfer them only with our written consent. If any provision is invalid, the rest remains in effect.

16. Governing law

These Terms are governed by the laws of the Federal Republic of Germany, excluding its conflict-of-laws rules and the UN Convention on Contracts for the International Sale of Goods. Exclusive venue is the courts competent for the seat of Clement.

17. Contact

Questions about these Terms? Email hello@clement.so.