Instantly VIP Lead Guarantee Terms

Version 1.0. These VIP Lead Guarantee Terms (these "Guarantee Terms") apply to purchases of the Instantly VIP Service made while a lead guarantee is advertised for the plan purchased, and form part of the agreement between FooMonk LLC dba "Instantly.ai" ("Instantly," "we," "us") and the subscriber ("you") under the Instantly Terms and Conditions available at instantly.ai/terms (the "Terms"). Capitalized terms not defined here have the meanings in the Terms. The version of these Guarantee Terms in effect on your purchase date governs your guarantee for that purchase.

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1. What we guarantee

We guarantee delivery of a minimum of one hundred (100) Leads within the Guarantee Window. The guarantee applies once, to your initial VIP Service term only. It does not renew or restart for renewal terms, upgrades, or additional campaigns unless we expressly advertise it for that purchase. The guarantee is available only where your VIP Service plan includes, and you maintain throughout the Guarantee Window, at least one hundred twenty (120) done-for-you (DFY) mailboxes provided by Instantly.

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2. What counts as a Lead

A "Lead" is a unique prospect within your TAM who replies to a campaign email we send through the VIP Service with a reply classified as positive, including without limitation replies expressing interest, requesting more information, asking a question about the offer, requesting a meeting or a call, or referring the message to a colleague. Illustrative examples include "let's meet," "tell me more," "sure," and "interested." Replies are analyzed and classified by Instantly's AI sentiment engine, which categorizes reply sentiment at scale, and our team reviews Leads before they are counted; Instantly's classification is determinative. The following do not count: automated and out-of-office replies; unsubscribes; and explicit declines. Multiple replies from the same prospect count once. Separate individuals at the same company count separately.

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3. Your TAM

Your "TAM" is the total addressable market documented and confirmed in writing (email is sufficient) by you and Instantly at kickoff, defined using broad filters consisting of prospect location and job position only. The confirmed TAM must return at least 50,000 prospects in Instantly's SuperSearch database at the time of confirmation; if it returns fewer, the filters will be broadened until it does. A prospect matches the TAM if the enriched prospect record matches the confirmed filters. Because commercial lead databases contain a degree of stale or inaccurate data, prospects contacted that fall outside the TAM will not breach these Guarantee Terms provided they do not exceed one percent (1%) of total prospects contacted, and a reply from a prospect whose enriched record matched the TAM at the time of sending counts as a Lead. TAM changes require written agreement and apply prospectively only; Leads already delivered under the prior TAM remain counted. The Guarantee Window does not begin until the TAM is confirmed.

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4. The Guarantee Window

The 'Guarantee Window' is the period of ninety (90) working days (weekends and United States federal public holidays excluded) beginning on the first day on which campaign emails are sent through the VIP Service from the done-for-you mailboxes following completion of the initial warmup period for those mailboxes (as reflected in Instantly's system records), under campaign copy you have approved, as extended under Section 6. Warmup and pre-warm emails are not campaign emails and do not commence the Guarantee Window.

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5. Your remedy if we miss

If we do not deliver 100 Leads within the Guarantee Window, we will continue delivering the VIP Service at no charge until the earlier of (a) the date the total (including Leads delivered during the extension) reaches 100, and (b) ninety (90) days after the Guarantee Window ends. Software subscriptions and all other Instantly products and services are excluded and remain payable throughout. This extension is your sole and exclusive remedy, and our entire liability, for any failure to reach the guaranteed number. No refunds or credits will be provided, and no amounts otherwise due are waived.

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6. Conditions

The guarantee applies only while you: (a) provide and maintain the confirmed TAM; (b) approve campaign copy within three (3) business days of delivery; (c) keep all required mailboxes connected and authenticated; and (d) do not pause any campaign. Days on which any of these conditions is not met, as reflected in our system records, do not count toward the Guarantee Window or the extension, and the applicable period extends day for day. If these conditions remain unmet for thirty (30) or more days in the aggregate, we may end the guarantee on written notice, and the VIP Service continues without it.

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7. Counting

Our platform reply and delivery data is the system of record for all counts. Replies are analyzed and categorized by Instantly's AI sentiment engine, which classifies reply sentiment at scale across the billions of emails processed on the platform, and our team reviews Leads before they are counted. We will provide you a Lead count export weekly. Instantly's classification and counts are final.

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8. No other guarantee

The guarantee covers delivery of Leads as defined above and nothing else. We do not guarantee revenue, booked meetings, closed sales, conversion rates, or any other business outcome. The Terms, including their warranty disclaimers and limitations of liability, otherwise remain in full effect. In the event of a conflict between these Guarantee Terms and the Terms with respect to the lead guarantee, these Guarantee Terms control.