Terms of
Service.

These Terms of Service ("Terms") form an agreement between you or the entity you represent ("Agency," "you") and AIRLIVING LLC, doing business as Outbound Engine ("we," "us"). By accessing this website, requesting a proposal, booking a discovery call, or engaging us to build or operate a cold-email system, you accept these Terms.

If you are agreeing on behalf of an organization, you represent that you have authority to bind that organization.

Outbound Engine designs, builds, and (optionally) operates custom cold-email outbound systems for marketing agencies and their end clients. Each engagement is scoped in a written SOW that specifies deliverables, timelines, infrastructure, and pricing.

We are not a SaaS product. We build discrete systems, one per agency client. The Agency owns the final system and may white-label it to its client.

• Agency OperatesWe build and configure the system. The Agency runs day-to-day operations with our ongoing technical support as defined in the SOW.
• We OperateWe build and fully operate the system on the Agency's behalf, including campaign management, deliverability, reporting, and reply routing.
• Free PilotA no-cost, single-campaign engagement offered on limited terms. Scope, duration, and follow-on options are described in the offer at the time of acceptance.

Fees, setup charges, monthly retainers, add-ons (including verified email data packs), and any usage overages are set out in the applicable SOW or order form. Unless otherwise stated: setup fees are due at kickoff, monthly fees are due in advance, and invoices are payable within 15 days.

Late payments accrue interest at 1.5% per month or the maximum allowed by law, whichever is lower. We may pause services on any account more than 15 days past due.

You agree not to use, and not to permit any end client to use, systems we build to:

• Send messages that violate the CAN-SPAM Act, CASL, GDPR, or other applicable law.
• Contact recipients from purchased or scraped lists that lack a lawful basis for outreach.
• Send content that is deceptive, fraudulent, defamatory, harassing, or promotes illegal activity.
• Attempt to bypass unsubscribe requests, sender-identification requirements, or provider terms.
• Distribute malware, phishing content, or unsolicited attachments.

You are responsible for the accuracy of your target lists, the content of your messages, and compliance with the laws of the jurisdictions in which you and your recipients reside.

We take reasonable steps to protect sender reputation, including domain and mailbox isolation, warm-up, authentication (SPF, DKIM, DMARC), and volume pacing. Deliverability depends on many factors outside our control, and we make no guarantee of inbox placement, open rates, reply rates, or revenue outcomes.

On full payment of applicable fees, the Agency owns the custom-built system produced under an SOW, including branding, configuration, and workflows created specifically for that engagement. We retain ownership of our pre-existing tools, templates, know-how, and any general improvements we make to our internal methodology.

Verified email data packs delivered as an add-on are owned by the Agency upon delivery, subject to the acceptable-use terms above.

Each party will protect the other's non-public business information with the same care it uses for its own confidential information, and will use it only to perform under these Terms and the SOW.

Our handling of personal data is described in our Privacy Policy. Where we process personal data on the Agency's behalf, a Data Processing Addendum will apply and will control in the event of any conflict with these Terms.

Systems we build rely on third-party providers (email infrastructure, DNS, analytics, CRM, and similar). Your use of those services is subject to their terms. We are not responsible for outages, policy changes, or actions taken by third-party providers.

We will perform our services with reasonable skill and care. Except as expressly stated in an SOW, the website and services are provided "as is" and "as available," without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, data, or goodwill. Each party's total liability arising out of or relating to these Terms will not exceed the fees paid by the Agency to us in the three (3) months preceding the event giving rise to the claim.

You will defend and indemnify us against third-party claims arising out of your messages, target lists, use of the system, or breach of the acceptable-use terms. We will defend and indemnify you against third-party claims that our custom-built deliverables, as delivered, infringe the intellectual property rights of a third party.

These Terms apply for as long as you use our website or services. Either party may terminate an active engagement for material breach not cured within 15 days of written notice. On termination, you will pay for services rendered through the termination date, and we will provide reasonable assistance to transition the delivered system to your control.

These Terms are governed by the laws of the State of Louisiana, without regard to conflict-of-laws principles. The parties consent to the exclusive jurisdiction of the state and federal courts located in Orleans or Jefferson Parish, Louisiana, and waive any objection to venue there.

We may update these Terms from time to time. Material changes take effect on the "Effective" date shown at the top of this page. Continued use of the website or services after the effective date constitutes acceptance of the updated Terms.

Questions about these Terms? Contact us via the contact page or write to us at: