Terms of Service

These Terms of Service (the “Terms”) form a binding agreement between you (“you”, “your”, or “Customer”) and BLOOMING GENERATION(“we”, “us”, “our”, or “distribute.you”) regarding your access to and use of the distribute.youplatform, websites, APIs, dashboards, and related services (collectively, the “Service”).

BLOOMING GENERATION is a SASU registered in France under SIREN 882102775, with its registered office at 285 rue de l’Église, 46140 Douelle, France. Support reaches a person at support@distribute.you.

By creating an account, accessing, or using the Service, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Service.

If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization, and “you” refers to that organization.

You must be at least 18 years old and capable of entering into a binding contract. You agree to provide accurate, current account information and to keep it up to date.

You are responsible for all activity that occurs under your account, including outreach we send on your behalf. Keep your credentials confidential and notify us immediately at support@distribute.you if you suspect unauthorized use.

distribute.you is an acquisition agency delivered as a service. You provide a website and choose a daily budget for each campaign; we find the buyers, write and send the outreach from domains we own, qualify and answer the replies, and report what each outcome cost you. Cold email is the channel we run. When a prospect asks to talk, our AI Instant Call can ring your sales rep and connect the call to the prospect. Any channel we add later is governed by these same Terms.

The Service depends on AI providers, data providers, email infrastructure, and other third parties. See Section 8 (Third-Party Services).

The platform is free. You pay for the work done on your campaigns. Each tool behind your emails (lead data, research, AI writing, email checks, sending, calls) is billed by the unit at our public catalogue price, our margin included. The catalogue is published at distribute.you/catalog. There is no seat and no setup fee. Depending on the offer you signed up under, you pay with prepaid credit, through a monthly plan, or after use (post-paid), all described below.

Prices are dynamic.Catalogue prices are in USD and move with our providers' rates and our own pricing. We may change any catalogue price at any time, without notice, and by using the Service you agree to this. A new price applies to units used after the change, never to units already used. The price that governs a unit is the catalogue price at the moment that unit is used, as shown in your dashboard.

Prepaid credit. You add credit before outreach starts, through our payment processors (Stripe or Revolut). The work on your campaigns draws on that credit. When it runs out, the automatic reload below adds credit; when it cannot (no payment method on file, or a declined charge), sending stops.

Post-paid billing. Where we offer it, you pay after use instead of adding credit first. You save a payment method when you sign up and nothing is charged that day. We charge it for what your campaigns spent when your unpaid usage reaches a threshold (currently $50, then $200, then $500), or at the end of the month, whichever comes first. If a charge is declined, sending stops until it is paid. Post-paid is not available on every payment method (for example some prepaid cards, or cards issued in some countries): we may then ask you to use another card or to switch to prepaid credit. By saving a payment method you authorize these charges without further confirmation.

Reserved follow-ups. When the first email of a sequence goes out, we reserve the cost of its follow-ups on your credit. Each follow-up is billed at its real cost when it is sent, and the reserve is released when it is not. Your dashboard shows billed spend and reserved amounts apart.

Automatic reload. Your campaigns spend money every day they run, so a prepaid account opened on or after October 11, 2026 keeps automatic reload on to use the Service: when your credit falls under the reload threshold (currently $10), we charge your saved payment method the amount of your first payment and add it to your credit, as many times as your campaigns need. Once it is on, there is no switch to turn it off. To stop these charges, turn your campaigns off or remove your payment method; sending then stops when your credit runs out. Accounts opened before that date keep the reload setting they chose. By adding credit you authorize these charges without further confirmation.

Monthly plan.Where we offer it, you can subscribe to a monthly plan instead of prepaid credit. Each monthly payment is added to your account as credit for that month. A plan can start with a free trial of the length shown when you sign up (currently 3 days): we add the plan's first month of credit at our expense, and we charge your saved payment method for the plan when the trial ends, unless you cancel before.

Automatic plan upgrade.When your plan's credit runs out, including during a free trial, we move your plan up to the next plan amount (currently $100 more a month), charge your saved payment method that $100 right away, and add it to your credit. Each monthly payment after that is at the new amount. This repeats each time your credit runs out. For example, on a $99 plan whose trial credit runs out on day 2, we charge $100 that day, and $199 when the trial ends on day 3. By subscribing you authorize these charges without further confirmation. There is no switch to turn upgrades off: to stop them, cancel your plan, which stops all sending at once. Plans started before October 11, 2026 are not upgraded automatically.

What you agree to spend. Before your card is first charged you confirm how it will be charged. You pay what your campaigns spend, at the catalogue prices above, within the budgets you set for them. Campaigns you add later spend within their own budgets.

Campaign budgets. You set a daily budget for each campaign. Each channel has a minimum daily budget, and there is no maximum. Turning a campaign off stops its spend; amounts already used or reserved stay due.

Credit validity. Prepaid credit is valid for twelve (12) months after the purchase that added it. Credit bought through a subscription expires at the end of each monthly period. Free credit (welcome, referral, promotional, goodwill) is valid for twelve (12) months after it is granted. Credit left unused after that date expires and is lost.

No refunds. Payments are final and are not refunded, whatever the payment method or plan: prepaid credit, automatic reload, post-paid charges, monthly plan payments (including the first payment after a free trial), automatic plan upgrades, or service fees. Unused or expired credit is not refunded. The only exception is the managed plan guarantee below.

Managed plan. On the managed plan we run your outreach for you. It is priced from $1,000 a month plus 10% of the campaign budget (the service fees), with no time commitment. If you are not satisfied with the outcome after 60 days, tell us at support@distribute.you and we refund 100% of the campaign budget you paid. Service fees are not refunded.

Welcome credits and promotions. Welcome credits, referral credits, and promotional credits are granted at our sole discretion, offset charges rather than paying out in cash, have no cash value, expire as set out above, and may be revoked for abuse.

The welcome offer is a total, not a top-up.The advertised welcome amount (currently $100, credited once the account has paid its first $100 of credit) is the most free credit an account can ever receive under that offer, counting every free credit that account has already been given under it. Promotional or discount codes, support and goodwill grants, and any other credit granted under the welcome offer count against that same total and reduce what is left of it. No combination of them entitles an account to more than the advertised welcome amount. The onboarding credit added when an account is created is not a welcome credit: it is an advance on the account's first payment, and that payment is credited net of it.

Referral credits are separate and additional.The referral offer (currently $500, credited to the account that refers) is its own offer with its own total, and it does not count against the welcome amount. Referral credits are earned: the referring account receives its amount once the referred account's cumulative successful payments reach the referral amount. The referred account receives no referral credit. An account may earn the referral amount any number of times, once for each separate account it refers that reaches that threshold.

Which offer applies to you. Payments means money actually received and not refunded or charged back, not usage accrued on credit. The welcome amount, the referral amount and any threshold that apply to an account are the ones in effect when that account was created; if we change an offer afterwards, existing accounts keep the terms they signed up under and are not re-priced in either direction.

Taxes. Prices exclude applicable taxes, duties, and levies, which you are responsible for paying.

Disputes about charges. If you believe a charge is incorrect, contact us at support@distribute.you within thirty (30) days of the charge. After thirty days, charges are deemed accepted.

Authorization. By using the Service you authorize distribute.you and its affiliates to send cold email, replies, follow-ups, and other outreach on your behalf, referencing your brand, product, founders, and content. You also authorize us to call the phone number you give us for your sales rep when a prospect asks to talk, and to connect that call to the prospect.

Our infrastructure. Outreach is sent from sending infrastructure owned, operated, or contracted by us, including inboxes on domains we own, hosted by mailbox providers such as Google Workspace, Gandi, and Mailforge, and sending platforms such as Instantly. Messages are sent from email addresses and domains that we own, not from your own brand domain. Replies land in our inboxes first: we read them, answer them on your behalf (including with AI), and forward the interested ones to you.

Shared deliverability risk. Because some infrastructure is shared across customers, the conduct of other customers and the conduct of recipients can affect deliverability, inbox placement, blacklisting, and account suspension on third-party platforms. We do not guarantee delivery, reply rates, inbox placement, or any specific outcome. We may pause, throttle, re-route, or suspend any outreach (including yours) at any time if we determine, in our sole discretion, that doing so is necessary to protect the integrity of our infrastructure or the interests of other customers.

Your compliance obligations.You are solely responsible for ensuring that any outreach you direct us to send complies with all applicable laws and platform terms, including without limitation the CAN-SPAM Act (U.S.), CASL (Canada), GDPR (EU/UK), PECR (UK), CCPA / CPRA (California), TCPA (U.S.), and the terms of service of Google, Microsoft, and every other email platform involved. You represent and warrant that (a) you have a lawful basis to contact each recipient; (b) you have not targeted recipients on suppression lists or who have unsubscribed; (c) your content is truthful, not misleading, and does not infringe third-party rights; and (d) your product or service is real and legally operable in the recipient’s jurisdiction.

Recipient data. You instruct us to process recipient personal data on your behalf as part of the Service. You are the controller of recipient personal data; we are a processor. You will respond to recipient data-subject requests; we will reasonably assist.

Reply attribution. Replies, opt-outs, and complaints received against shared infrastructure may be attributed to you, to other customers, or to us collectively, and may affect shared reputation metrics. We may reroute, suppress, or block recipients across the whole customer base when we receive abuse or spam complaints.

Public leaderboards. distribute.you publishes campaign performance data on public-facing surfaces, including our marketing pages, public leaderboards, blog posts, social media, investor decks, partner materials, and machine-readable feeds (sitemap, JSON-LD, public API endpoints). Published data may include, without limitation: your brand name, brand domain, brand logo; campaign counts; emails sent, clicked, and replied; positive-reply counts and rates; cost-per-action metrics in aggregate or per campaign; ranked and unranked comparisons against other customers; and the categories, features, workflows, and AI models you use.

You consent. By creating an account and running campaigns, you grant us a perpetual, irrevocable, worldwide, royalty-free license to publish, display, distribute, and incorporate your performance data and brand identifiers (name, domain, logo) for the purposes above, including in promotional and marketing materials and for benchmarking against other customers.

No expectation of privacy on performance data.You acknowledge that aggregated and per-brand performance data is a core element of the Service’s public benchmarking proposition and that you cannot reasonably expect this data to remain confidential.

Opt-out. You may request that we redact your brand name and logo from public leaderboards by emailing support@distribute.you with the subject “Leaderboard Opt-Out”. We will redact identifiers within thirty (30) days of receipt. Aggregate, anonymized, and historical statistics may continue to include your data. Cached, third-party, and archived copies (search engines, AI scrapers, internet archives) are outside our control.

The Service uses large language models (LLMs) and other AI systems to generate emails, replies, pitches, summaries, qualifications, and other content. AI output can be inaccurate, hallucinated, biased, offensive, defamatory, or otherwise unfit for purpose. You are responsible for reviewing AI-generated content before it is sent if you have configured the Service to require approval, and for accepting the consequences of AI-generated content sent under fully automated configurations.

You will not use the Service to generate content that is illegal, defamatory, harassing, deceptive, fraudulent, infringing, or designed to evade spam filters or platform safeguards.

The Service relies on third-party providers, including without limitation Anthropic, Google, OpenAI, DeepSeek, Z.ai, TypeSafe, Apollo, Instantly, Twilio, Postmark, Stripe, Revolut, Clerk, Cloudflare, Hetzner, and others. Our Privacy Policy lists them with what each one does. We are not responsible for the availability, accuracy, or behavior of third-party services. Outages, rate limits, API changes, deprecations, and policy changes at any provider may degrade or interrupt the Service, change pricing, or require changes to your configuration without notice.

Your use of third-party services through the Service is also governed by those providers’ terms.

You will not, and will not attempt to:

• Use the Service to send unsolicited bulk email in violation of any anti-spam law.
• Contact recipients on suppression lists, who have unsubscribed, or who have not provided a lawful basis to be contacted.
• Send content that is defamatory, deceptive, harassing, infringing, obscene, fraudulent, or that promotes illegal goods or services.
• Use the Service to impersonate a third party or to misrepresent your affiliation, identity, or qualifications.
• Reverse-engineer, decompile, scrape, or extract data from the Service, except for your own data and except as permitted by the open-source license that covers our source code.
• Probe, attack, or interfere with the Service or any infrastructure we operate.
• Resell, sublicense, or white-label the Service without our prior written consent.
• Use the Service to compete by training a competing LLM, agent, or distribution automation product on output we generate.

You retain ownership of the content and data you submit to the Service (your “Customer Data”). You grant us a worldwide, non-exclusive, royalty-free license to host, copy, transmit, display, modify, and otherwise process your Customer Data solely as required to operate and improve the Service, including as described in Section 6 (Public Performance Data).

The Service, including all software, designs, models, datasets, documentation, trademarks, and content (excluding Customer Data and content licensed under open-source licenses we publish), is owned by us or our licensors and is protected by intellectual property laws. Except for the rights expressly granted in these Terms, no rights are transferred to you.

Portions of the Service are published under the MIT License at github.com/shamanic-technologies/distribute.you; use of the open-source code is governed by that license.

Our processing of personal data is described in our Privacy Policy. Where you direct us to process recipient personal data, you are the controller and we are the processor, and the data processing provisions of Section 5 apply.

Each party will protect the other’s non-public information using at least the degree of care it uses for its own confidential information of similar importance, and at least reasonable care. Confidential information does not include information that is or becomes public through no fault of the receiving party, that the receiving party already knew, or that the receiving party independently develops.

The Service is provided “as is” and “as available”, without warranties of any kind, whether express, implied, statutory, or otherwise, including without limitation warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy of AI-generated content, deliverability of email, achievement of any performance metric, uninterrupted or error-free operation, or that defects will be corrected.

To the maximum extent permitted by law, in no event will we, our affiliates, or our agency partners be liable to you for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, goodwill, data, opportunity, or business, arising out of or related to the Service, even if we have been advised of the possibility of such damages.

Our aggregate liability for all claims arising out of or related to the Service in any twelve-month period will not exceed the greater of (a) the amounts you actually paid to us for the Service in the three (3) months immediately preceding the event giving rise to liability, or (b) one hundred U.S. dollars ($100).

You will defend, indemnify, and hold harmless BLOOMING GENERATION, its affiliates, agency partners, officers, employees, and contractors from and against any third-party claim, demand, loss, damage, liability, fine, settlement, cost, or expense (including reasonable attorneys’ fees) arising out of or related to: (a) your Customer Data; (b) outreach we sent on your behalf at your direction; (c) your violation of these Terms, applicable law, or third-party platform terms; (d) your product, service, website, or business; (e) your infringement of any third-party right; or (f) any spam, abuse, or unsubscribe complaint attributable to your campaigns.

We may suspend or terminate your account, at our sole discretion, with or without notice, for any reason, including without limitation: violation of these Terms; abusive behavior; spam or deliverability complaints; risk to our shared infrastructure or other customers; unpaid amounts; legal or regulatory requirement; or discontinuation of the Service. Upon termination, your right to use the Service ends immediately; we may delete your Customer Data after a reasonable retention period.

You may stop using the Service at any time by turning off your campaigns; you remain responsible for amounts already used or reserved. Unused credit is not refunded and expires as set out in Section 4. Sections that by their nature should survive termination (Sections 4–6, 10–16, 19–20) will survive.

We may modify these Terms at any time by posting an updated version at this URL and updating the “Last updated” date. If we make material changes we will use commercially reasonable efforts to notify you (e.g. in-app banner, email). Your continued use of the Service after changes take effect constitutes acceptance.

These Terms are governed by French law. Any dispute that cannot be settled amicably is subject to the exclusive jurisdiction of the competent courts of the place of our registered office in France. Where required by law, your local consumer-protection rights are unaffected.

These Terms (together with the Privacy Policy and any order forms) are the entire agreement between you and us regarding the Service and supersede all prior agreements on the subject. If any provision is unenforceable, the remaining provisions remain in effect. Our failure to enforce any right is not a waiver. You may not assign these Terms without our prior written consent; we may assign them freely. Neither party is liable for delays caused by events beyond its reasonable control (force majeure).

Questions about these Terms? Email support@distribute.you.