Terms and Conditions

1. Definitions

In these Terms:

• “Company” means Rage Marketing Ltd, trading as Fortitude Labs
• “Client” means the individual or entity purchasing services
• “Services” means any outreach, marketing, automation, infrastructure, data handling, or related services provided
• “Materials” means all data, contacts, content, domains, and assets supplied or used by the Client

2. Acceptance of Terms

By engaging the Company, the Client agrees to be bound by these Terms in full. If the Client does not agree, they must not use the Services.

3. Nature of Services

3.1 The Company provides marketing infrastructure, outreach execution, and related services.

3.2 The Client acknowledges that:

• Email outreach carries inherent risk
• Deliverability, response rates, and outcomes are influenced by multiple external factors outside the Company’s control

3.3 The Company does not guarantee:

• Inbox placement
• Response rates
• Lead generation outcomes
• System availability or uptime

4. Client Responsibilities

4.1 The Client is solely responsible for all Materials provided.

4.2 The Client warrants that:

• They have full legal rights to use all data and Materials supplied
• All contacts have been obtained lawfully
• No contact has previously opted out or withdrawn consent where applicable
• Use of the data complies with all relevant laws and regulations, including but not limited to GDPR and PECR

4.3 The Company does not verify the legality or accuracy of Client data and accepts no responsibility for it.

5. Compliance and Use

5.1 The Client is solely responsible for ensuring compliance with:

• GDPR
• PECR
• CAN-SPAM (where applicable)
• Any other relevant legislation

5.2 The Company acts purely as a processor or facilitator of activity initiated by the Client.

5.3 The Client indemnifies the Company against any claims, fines, damages, or liabilities arising from:

• Unlawful data use
• Breach of marketing regulations
• Complaints, including spam or privacy complaints

6. Domains and Infrastructure

6.1 Any domains, mailboxes, or infrastructure procured as part of the Service remain the sole property of the Company.

6.2 The Client is granted a limited, non-transferable right to use such domains and infrastructure only for the duration of the active service.

6.3 Upon termination:

• All rights to use the domains and infrastructure cease immediately
• The Company retains full ownership without obligation to transfer

7. Reporting and Data Accuracy

7.1 The Client acknowledges that email reporting is inherently unreliable due to:

• Mailbox provider behaviour
• Privacy protections
• Tracking limitations

7.2 The Company makes no warranties regarding the accuracy of:

• Open rates
• Click rates
• Delivery rates
• Any performance metrics

7.3 All reporting is provided for indicative purposes only and must not be relied upon for business-critical decisions.

8. No Guarantees

8.1 The Company provides Services on a best-efforts basis only.

8.2 The Company makes no guarantees whatsoever, including but not limited to:

• Performance
• Deliverability
• Revenue generation
• Lead quality

9. Limitation of Liability

9.1 To the fullest extent permitted by law, the Company shall have no liability whatsoever for:

• Any direct loss
• Indirect loss
• Consequential loss
• Loss of revenue
• Loss of business
• Loss of data
• Reputational damage

9.2 The Company’s total liability, in all circumstances, shall be zero.

9.3 The Client agrees that use of the Services is entirely at their own risk.

10. Indemnity

The Client agrees to fully indemnify and hold harmless the Company against any and all claims, damages, liabilities, costs, and expenses arising from:

• Use of the Services
• Client data or Materials
• Breach of laws or regulations
• Third-party claims

11. Service Availability

11.1 The Company does not guarantee:

• Uptime
• Continuous availability
• Error-free operation

11.2 Services may be modified, paused, or withdrawn at any time without liability.

12. Fees and Payment

12.1 All fees are payable as agreed in writing.

12.2 Fees are non-refundable.

13. Term and Termination

13.1 The Service operates on a rolling monthly basis unless otherwise agreed.

13.2 The Client must provide a minimum of one full billing cycle notice to terminate.

13.3 This means:

• The remainder of the current billing month is payable, and
• The following full billing month is also payable

13.4 No partial refunds will be issued.

14. Suspension of Service

The Company reserves the right to suspend or terminate Services immediately if:

• The Client breaches these Terms
• The Company believes there is legal, reputational, or deliverability risk

15. Intellectual Property

15.1 All systems, processes, infrastructure, and methodologies remain the property of the Company.

15.2 The Client is granted no ownership rights to any part of the system.

16. Confidentiality

Both parties agree to keep confidential any proprietary or sensitive information exchanged during the course of the engagement.

17. Governing Law

These Terms shall be governed by and construed in accordance with the laws of England and Wales.

Any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.

18. Entire Agreement

These Terms constitute the entire agreement between the parties and override any prior agreements or understandings.

19. Amendments

The Company reserves the right to update these Terms at any time. Continued use of the Services constitutes acceptance of any updated Terms.