Terms of Service

1. About These Terms

These Terms of Service ("Terms") govern your use of the Abotly website and the services provided by Abotly Ltd ("Abotly", "we", "us", or "our").

Abotly Ltd is a company registered in England and Wales under company number 16650478.

By accessing our website, submitting an enquiry, booking a discovery call, or engaging our services, you agree to the Terms that apply to your use of our website or services.

If you enter into a separate written proposal, service agreement, or statement of work with us, that agreement will govern the specific services, fees, deliverables, and commercial arrangements covered by it. If there is a conflict, the separate written agreement will take priority for those matters.

If you do not agree to these Terms, please do not use our website or services.

2. Our Services

Abotly helps businesses acquire customers and improve their customer acquisition processes.

Depending on your business needs and the agreement between us, our services may include:

• Paid advertising and campaign management.
• Direct outreach and lead generation.
• Lead reactivation and follow-up systems.
• Local search optimisation and online visibility.
• AI search visibility and reputation management.
• AI agents, workflow automation, and related systems.
• Other customer acquisition, marketing, or automation services agreed in writing.

We do not offer every service to every business. The scope of work, deliverables, timelines, fees, and responsibilities will be determined on a case-by-case basis.

We may recommend different strategies depending on your business, market, objectives, budget, and available resources.

3. Eligibility and Business Enquiries

Our services are primarily intended for businesses and individuals acting in a professional or commercial capacity.

When you submit an enquiry or book a discovery call, you agree to provide information that is accurate and not misleading.

A discovery call does not create an obligation for either party to enter into a commercial agreement.

We reserve the right to decline an enquiry or determine that our services are not suitable for a particular business.

4. Proposals, Scope of Work, and Changes

Before paid work begins, we will communicate the applicable scope, pricing, and other relevant commercial terms through a proposal, service agreement, order, or other written confirmation.

Unless expressly included in the agreed scope, services do not automatically include additional work, third-party subscriptions, advertising expenditure, software licences, data purchases, or other external costs.

If you request changes or additional work after the scope has been agreed, we may need to revise the price, deliverables, or timeline. We will communicate material changes for agreement before proceeding.

We will make reasonable efforts to deliver the services in accordance with the agreed scope. Any material deliverables, deadlines, or performance commitments must be expressly agreed in writing.

5. Fees, Payments, and Expenses

The fees and payment arrangements for our services will be set out in the applicable proposal, invoice, or service agreement.

Unless otherwise agreed in writing:

• You are responsible for paying the fees specified in your agreement.
• You are responsible for approved advertising budgets and third-party costs associated with your campaigns or systems.
• You must provide accurate billing information and notify us of relevant changes.
• Any applicable taxes will be handled in accordance with the relevant law and the terms of your agreement.

If a payment is overdue, we may notify you and request payment. Where permitted by law and the applicable agreement, we may suspend the affected services if the overdue amount remains unpaid after reasonable notice.

Any applicable late-payment rights and charges will be determined by the law and agreement governing the transaction.

6. Free 7-Day Trial

Abotly may offer a free 7-day trial to selected businesses. The trial is not automatically available to every business and is subject to our assessment of suitability.

The specific trial scope, start date, responsibilities, and intended outcomes will be discussed and agreed before the trial begins.

Where applicable, we may use existing customer records, lead reactivation, advertising, outreach, or other suitable methods to test a customer acquisition strategy. You may need to provide access to relevant systems, business information, contact records, or advertising accounts.

Unless we expressly agree otherwise in writing:

• The trial is limited to the agreed seven-day period.
• Any advertising spend, third-party fees, or other external costs must be agreed separately and are not automatically included.
• The trial does not automatically convert into a paid engagement.
• Continuing with paid services after the trial requires a separate agreement.
• You are not guaranteed a specific number of leads, appointments, customers, sales, or amount of revenue unless a specific written agreement expressly provides otherwise.

We may decline, postpone, or stop a trial if the necessary access, information, approvals, or resources are unavailable, or if continuing would be unlawful or impractical.

7. Client Responsibilities

To deliver the agreed services effectively, you agree to:

• Provide accurate, complete, and timely information.
• Supply the access, approvals, materials, and resources reasonably required for the work.
• Ensure that you have the necessary rights and permissions to provide any data, contact lists, content, or other materials to us.
• Review and approve materials or decisions when your input is required.
• Pay agreed fees and external costs on time.
• Respond reasonably promptly to requests that affect delivery.
• Handle sales conversations, customer consultations, fulfilment, and closing activities unless these responsibilities are expressly included in our agreement.
• Comply with applicable laws when using the services, contacting prospects, processing personal information, and communicating with customers.

Delays caused by missing information, unavailable access, late approvals, or other matters outside our reasonable control may affect delivery dates and expected outcomes.

We may rely on the accuracy of information and materials you provide unless we have agreed to verify them.

8. Results and No Guarantee

Our objective is to help your business acquire customers, improve its marketing processes, and create more opportunities for revenue.

However, marketing and customer acquisition depend on factors that may be outside our control, including market conditions, competition, pricing, demand, advertising platform decisions, prospect behaviour, your sales process, and the quality of your products or services.

Unless we expressly make a specific written guarantee, we do not guarantee a particular number of leads, qualified opportunities, appointments, customers, sales, search rankings, return on advertising spend, or amount of revenue.

Any forecasts, estimates, examples, case studies, targets, or expected results are illustrative or based on the circumstances described. They are not guarantees of future performance.

If we agree to a specific guarantee in writing, the guarantee will be governed by its stated conditions, eligibility requirements, exclusions, and remedy.

Nothing in this section removes any rights or remedies that cannot lawfully be excluded.

9. Advertising, Outreach, and Third-Party Platforms

Our services may depend on third-party platforms and providers, including advertising networks, search engines, email providers, messaging services, social media platforms, hosting providers, and software tools.

Those platforms may change their features, policies, pricing, access requirements, or availability. They may also restrict accounts, reject campaigns, suspend services, or change their algorithms.

We do not control these third parties and cannot guarantee their continued availability, approval of campaigns, delivery of messages, search rankings, or platform performance.

Where a campaign or system relies on your account, you remain responsible for complying with the applicable platform terms and maintaining any required account access and permissions.

We will make reasonable efforts to identify relevant risks and carry out the agreed work responsibly, but we are not responsible for third-party actions or interruptions outside our reasonable control.

10. Marketing and Legal Compliance

Each party is responsible for complying with the laws applicable to its own activities.

Unless expressly agreed in writing, Abotly does not act as your legal adviser and does not provide legal, tax, or regulatory advice.

You are responsible for ensuring that your business, products, services, offers, claims, and sales practices comply with applicable law.

Where our work involves outreach, advertising, customer data, automated communications, or AI systems, you agree to provide the necessary instructions, permissions, and lawful materials required for the agreed work.

Neither party may knowingly instruct the other to engage in unlawful activity.

Any allocation of responsibilities for privacy, data protection, marketing permissions, or data processing may be set out in a separate agreement where appropriate.

11. Intellectual Property

Each party retains ownership of the intellectual property it owned or developed independently before the engagement.

You retain ownership of the content, branding, data, materials, and other assets that you provide to us, subject to any third-party rights.

Abotly retains ownership of its pre-existing methods, frameworks, templates, know-how, processes, software, reusable components, and internal tools.

Ownership of deliverables created specifically for you passes to you on full payment of the relevant fees.

This transfer applies to the custom deliverables created specifically for you. It does not transfer ownership of Abotly's pre-existing intellectual property, reusable tools, methods, frameworks, or components incorporated into those deliverables. Where necessary, Abotly grants you a licence to use those components as part of the deliverables for their intended purpose.

Third-party software, platforms, fonts, media, and other licensed materials remain subject to their respective licence terms. Ownership transfers do not override restrictions imposed by third-party licences.

You must not copy, distribute, resell, or commercially exploit Abotly's proprietary materials except as authorised in writing or permitted by law.

12. Confidentiality

Each party may receive confidential information from the other while discussing or delivering services.

The receiving party agrees to use confidential information only for the purposes of the relevant business relationship and to take reasonable steps to prevent unauthorised access, use, or disclosure.

This obligation does not apply to information that is publicly available through no breach of these Terms, already lawfully known to the receiving party, independently developed without using the confidential information, or lawfully received from another source.

A party may disclose confidential information where required by law, provided it gives notice where legally permitted.

Any additional confidentiality obligations may be set out in a separate agreement.

13. Data Protection and Privacy

We process personal information in accordance with our Privacy Policy, available at https://abotly.com/.

Where a service involves personal data, each party must comply with the data protection laws applicable to its role and activities.

If our work requires us to process personal data on your behalf, we may need to enter into a separate data processing agreement that sets out the relevant responsibilities and safeguards.

You must ensure that you have the necessary rights and lawful basis to provide personal data to us and authorise its use for the agreed services.

Our Privacy Policy explains how we handle personal information when you use our website or interact with our business.

14. Service Availability and Changes

We may update our website, service descriptions, or business offerings from time to time.

We will not materially change the scope of an active engagement without following the change process agreed with you.

We may temporarily suspend affected services where reasonably necessary to address a security risk, comply with law, prevent misuse, or respond to a serious technical issue. Where reasonably practicable, we will provide notice and work to restore the service.

We do not guarantee that our website will always be available, uninterrupted, or free from errors.

15. Termination and Suspension

The duration, renewal, cancellation notice, and termination rights for a paid engagement will be set out in the applicable service agreement or proposal.

If no separate agreement applies, either party may end an informal discussion or prospective engagement at any time.

Either party may terminate an active engagement where the other party commits a material breach and fails to remedy it within a reasonable period after receiving written notice, where the breach is capable of remedy.

We may suspend or terminate services where required by law, where continued delivery would create a material security or compliance risk, or where you use our services for unlawful purposes.

On termination, you remain responsible for fees and approved costs properly incurred up to the termination date, subject to the applicable agreement and law. Any prepaid amounts, outstanding deliverables, access rights, and handover arrangements will be handled in accordance with that agreement.

16. Limitation of Liability

Nothing in these Terms excludes or limits liability where doing so would be unlawful. This includes liability for fraud or fraudulent misrepresentation, and any other liability that cannot legally be excluded or limited.

Subject to the preceding paragraph and applicable law, neither party will be liable to the other for indirect or consequential losses that were not reasonably foreseeable when the relevant agreement was entered into.

Where permitted by law, neither party will be liable for loss of profits, revenue, anticipated savings, business opportunity, or goodwill arising from an engagement, except to the extent such liability cannot lawfully be excluded or is expressly accepted in a written agreement.

Any financial cap on liability, exclusions, indemnities, or additional remedies for a paid engagement should be stated in the applicable service agreement and interpreted in accordance with applicable law.

Nothing in this section removes any rights that cannot lawfully be excluded or restricted.

17. Indemnity

You are responsible for the materials, data, instructions, products, offers, and claims that you provide or authorise us to use.

To the extent permitted by law, you may be responsible for losses, claims, or reasonable costs arising directly from your unlawful materials, your breach of applicable law, or your material breach of the agreement.

Any specific indemnity obligations, including their scope, exclusions, and procedures, must be set out in the applicable written agreement. Nothing in this section creates liability where it would be unlawful to do so.

18. Website Use

You agree not to:

• Use our website for unlawful, fraudulent, or misleading purposes.
• Attempt to gain unauthorised access to our website, systems, or data.
• Introduce malicious code or interfere with the website's operation or security.
• Copy or exploit website content for commercial purposes without permission, except where permitted by law.
• Misrepresent your identity or your authority to act for a business.

We may restrict access where reasonably necessary to protect our website, users, or business.

19. Links to Third-Party Websites

Our website may contain links to third-party websites, booking services, or other resources.

These links are provided for convenience. We do not control and are not responsible for third-party websites, their content, their availability, or their terms and policies.

Your use of third-party services may be governed by separate terms between you and the relevant provider.

20. Changes to These Terms

We may update these Terms from time to time to reflect changes to our website, services, business practices, or legal obligations.

The latest version will be published on this page with a revised "Last updated" date.

Changes to these website Terms will apply from publication, where legally permitted. Changes to an existing paid engagement will be handled in accordance with the applicable agreement and law.

21. Governing Law and Jurisdiction

These Terms and any non-contractual obligations arising in connection with them are governed by the laws of England and Wales, unless applicable law requires otherwise.

The courts of England and Wales will have jurisdiction over disputes arising from these Terms, subject to any mandatory legal rights or jurisdictional protections that apply.

22. Contact Us

If you have questions about these Terms, please contact:

Abotly Ltd
Company number: 16650478
Registered in England and Wales

Email: hey@abotly.com
Website: https://abotly.com/