Overflow Terms of Service

1. Agreement to Terms

By accessing or using Overflow ("the Service"), you agree to be bound by these Terms of Service ("Terms"). If you don't agree to these Terms, don't use Overflow.

You must be at least 18 years old to use Overflow. By using the Service, you represent that you meet this age requirement.

These Terms constitute a legally binding agreement between you and Overflow ("we," "us," or "our"). If you're using Overflow on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

What Overflow does:

Overflow is an AI-assisted outreach platform that helps relationship-based service providers find aligned clients on Instagram and LinkedIn. We help you research prospects, draft personalized messages, and track your outreach campaigns.

2. What Overflow Is (And Isn't)

What Overflow doesn't do:

• We don't send anything you haven't approved. Overflow drafts; you review and approve every message. If you turn on Auto-Send, our browser extension carries out the outreach you've approved (likes, comments, follows and messages) from your own Instagram account, in your own browser.
• We don't guarantee results. We can't guarantee you'll book clients, get responses, or achieve specific outcomes.
• We're not a marketing agency. We provide software tools—you're responsible for your own marketing strategy and execution.
• We're not responsible for platform changes. If Instagram or LinkedIn changes their policies or algorithms, we'll adapt when possible, but we can't control third-party platforms.

You are solely responsible for:

• Everything sent from your account, including through Auto-Send
• Complying with Instagram and LinkedIn Terms of Service
• Your relationships with prospects and clients
• Any consequences of your outreach activities

3. Acceptable Use Policy

What You Can Use Overflow For:

Overflow is designed for service providers who grow through relationships—coaches, healers, consultants, course creators, and practitioners—to find and connect with aligned clients through authentic, values-based outreach.

What You Cannot Use Overflow For:

Prohibited Activities:

• Harassment, stalking, or threats of any kind
• Spam or mass unsolicited messaging that violates platform rules
• Political campaigns or political fundraising
• MLM, pyramid schemes, or multi-level marketing recruitment
• Illegal activities including fraud, identity theft, or deceptive practices
• Adult content, gambling, or controlled substances promotion
• Hate speech, discrimination, or content that promotes violence
• Impersonation of others or misrepresentation of your identity
• Scraping, copying, or reverse engineering Overflow's platform
• Using bots or automated tools on Overflow itself
• Circumventing platform limits through multiple accounts

You Must:

• Comply with Instagram and LinkedIn Terms of Service
• Only contact people you have a legitimate reason to reach out to
• Honor unsubscribe requests and respect people's boundaries
• Provide accurate information in your account
• Use Overflow in a way that aligns with our mission of authentic connection

If your outreach behavior gets you banned from Instagram or LinkedIn repeatedly, we may terminate your Overflow account as it indicates you're not using the platform as intended.

4. Account Terms

Account Requirements:

• You must provide accurate, current information when creating your account
• One account per person (no sharing or transferring accounts)
• You're responsible for maintaining the security of your account credentials
• You must notify us immediately of any unauthorized access

Account Security:

• Don't share your password with anyone
• Use a strong, unique password
• Enable two-factor authentication when available
• You're responsible for all activity under your account

We May Suspend or Terminate Your Account if:

• You violate these Terms or our Acceptable Use Policy
• You use Overflow for illegal purposes or harassment
• You abuse the platform or attempt to breach security
• You engage in fraud or payment abuse
• You get multiple social media accounts banned due to your outreach behavior
• You harm Overflow's reputation or other users

For minor violations, we'll usually warn you first and give you 7 days to fix the issue. For serious violations (illegal activity, harassment, fraud, security breaches), we may terminate immediately without warning or refund.

5. Subscription & Payment Terms

Pricing & Plans

Overflow offers several subscription plans, billed monthly or yearly. Current plans and prices are listed at overflowthrive.com/app.

Free Trial

New users receive a 14-day free trial to evaluate Overflow. No credit card required to start your trial.

Trial Terms:

• The trial includes 50 leads and one campaign
• Cancel anytime during trial—no charges
• When the trial ends, nothing is charged; your campaigns, leads and conversations stay saved, and choosing a paid plan brings them back

The purpose of the trial period is to determine if Overflow is right for you. We strongly encourage you to use this time to test the platform thoroughly.

Beta Pricing

Members of the beta program get 25% off their plan's price for as long as their subscription stays active, including when they change plans. If you cancel and subscribe again later, the regular price applies.

Billing & Auto-Renewal

Subscriptions auto-renew monthly unless you cancel before your renewal date. You authorize us to charge your payment method each billing cycle.

Billing occurs on the same day each month based on when your paid subscription began.

You can cancel anytime from your account settings. Cancellation takes effect at the end of your current billing period—you'll retain access until then.

Yearly subscriptions are billed annually and are committed for the full term. You may switch to a different plan or to monthly billing at the end of your yearly term, but yearly fees are non-refundable upon cancellation or downgrade.

Plan downgrades take effect at the end of your current billing period; you retain access to your current plan until then.

No Refunds

Payments are non-refundable, except as listed below. This is why we offer a 14-day free trial—to ensure Overflow is the right fit before you commit.

Exceptions:

• Our four-conversations guarantee: if you work your list in your first paid month and don't have at least four real conversations with right-fit prospects, that month is free, and we'll refund it
• If we terminate your account for our convenience (not due to your violation), we'll provide a pro-rated refund
• If technical issues prevent you from using Overflow for an extended period, contact us and we'll work with you

Payment Processing

Payments are processed securely through Stripe. We don't store your full credit card information. See Stripe's terms at stripe.com/legal.

Price Changes

We may change our pricing with 30 days' notice. If you're on an active subscription when prices change, your current rate is locked in until you cancel or change plans.

If you cancel and re-subscribe later, you'll pay the current pricing at that time.

Taxes

You're responsible for any applicable sales tax, VAT, or other taxes based on your location.

6. Intellectual Property

What We Own

Overflow owns all rights to:

• The Overflow platform, software, and code
• Our website, design, and branding
• Our logos, trademarks, and service marks
• Documentation, tutorials, and educational content we create

What You Own

You retain all rights to:

• Your campaign data (prospects, messages, notes)
• Content you create using Overflow

License You Grant Us

By using Overflow, you grant us a limited license to:

• Store and process your data to provide the Service
• Use AI to analyze public profiles and generate message drafts
• Display your content within the platform for functionality
• Back up your data for service reliability

We will not:

• Use your data to train AI models (see our Privacy Policy)
• Share your campaigns or messages with other users
• Sell or license your data to third parties

This license ends when you delete your data or close your account.

7. Third-Party Services

Overflow integrates with and relies on third-party services:

Social Media Platforms:

• Instagram (Meta)
• LinkedIn (Microsoft)

AI Providers:

• Anthropic (Claude)
• Qwen

Payment Processing:

• Stripe

You must comply with these platforms' terms of service. We're not responsible for:

• Changes to their APIs, policies, or availability
• Their decisions to restrict or ban your accounts
• Their data practices or security
• Service interruptions on their end

Links to third-party terms:

• Instagram: help.instagram.com/581066165581870
• LinkedIn: linkedin.com/legal/user-agreement
• Anthropic: anthropic.com/legal/terms
• Stripe: stripe.com/legal

If any third-party service terminates or restricts our access, we'll work to find alternatives but cannot guarantee uninterrupted service.

8. Disclaimers & Limitations of Liability

Service Provided "As Is"

OVERFLOW IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

We do not guarantee:

• Uninterrupted or error-free service
• Specific outcomes or results from your outreach
• Accuracy of AI-generated content
• Compatibility with future platform changes
• That Overflow will meet your specific needs

What We're Not Liable For

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OVERFLOW AND ITS FOUNDERS, EMPLOYEES, AND SERVICE PROVIDERS ARE NOT LIABLE FOR:

Indirect Damages:

• Lost profits, revenue, or business opportunities
• Lost clients or failed campaigns
• Damage to reputation
• Loss of data (though we back up regularly)
• Emotional distress

Issues Outside Our Control:

• Instagram or LinkedIn banning your accounts
• Changes to social media platform policies or algorithms
• AI errors or inaccuracies in generated content
• Your prospects' responses (or lack thereof)
• Third-party service failures
• Internet outages or connectivity issues

Your Actions:

• Messages you choose to send
• How prospects respond to your outreach
• Violations of platform terms that get you banned
• Legal issues arising from your use of Overflow

Maximum Liability

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM THESE TERMS OR YOUR USE OF OVERFLOW SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM AROSE.

If you haven't paid us anything (free trial), our maximum liability is $100.

Essential Purpose

Some jurisdictions don't allow limitation of implied warranties or liability for incidental damages. If these laws apply to you, some of the above limitations may not apply, but they'll be enforced to the maximum extent permitted by law.

9. Indemnification

You agree to defend, indemnify, and hold harmless Overflow and its founders, employees, contractors, and service providers from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from:

• Your use of Overflow
• Your violation of these Terms
• Your violation of any third-party rights (including Instagram or LinkedIn terms)
• Your outreach activities and messages sent through Overflow
• Content you submit to the platform
• Your violation of any laws or regulations

Example: If you use Overflow to harass someone and they sue us, you agree to cover our legal costs and any damages. We'll notify you of any such claims and may participate in defense at our own expense.

10. Termination

Your Right to Terminate

You can cancel your Overflow subscription anytime from your account settings. Cancellation takes effect at the end of your current billing period—you'll retain access until then.

To permanently delete your account and all data: Settings → Delete Account.

Our Right to Terminate

We may suspend or terminate your account:

With Warning (7 days to fix):

• Minor violations of Acceptable Use Policy
• Exceeding usage limits repeatedly
• Behavior that could harm Overflow's reputation

Immediately, Without Warning:

• Serious violations (harassment, fraud, illegal activity)
• Security breaches or hacking attempts
• Repeated violations after warnings
• Non-payment or payment fraud

What Happens When Your Account is Terminated

By You:

• Access ends at end of billing period (if paid) or immediately (if trial)
• You can export your data before canceling
• No refunds for unused time (see Payment Terms)

By Us (for your violation):

• Immediate access termination
• No refund of any fees paid
• Your data is immediately deleted

By Us (for our reasons, like shutting down Overflow):

• 30 days' notice when possible
• Pro-rated refund of unused subscription time
• 30 days to export your data

Data Deletion

After termination or account deletion:

• Campaign data, prospects, and messages are immediately deleted from active systems
• Backups are purged within 30 days
• Account information retained as required by law (payment records for taxes, etc.)

Survival

These provisions survive termination: Intellectual Property, Disclaimers, Limitation of Liability, Indemnification, Dispute Resolution, and Governing Law.

11. Dispute Resolution & Arbitration

Please read this section carefully. It affects your legal rights.

Try to Resolve Informally First

If you have a dispute with Overflow, please contact us at joseph@overflowthrive.com first. We'll work in good faith to resolve it informally within 30 days. Most issues can be resolved through conversation. We're a small business and genuinely want to make things right.

Binding Arbitration

If we can't resolve a dispute informally, you agree that any claims or disputes will be resolved through binding arbitration instead of courts, except as noted below.

Arbitration means:

• A neutral arbitrator (not a judge) decides the outcome
• The process is faster and less formal than court
• The decision is binding and final (limited appeals)
• Each party pays their own legal fees unless the arbitrator decides otherwise

Arbitration will be conducted by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration will take place in Pennsylvania or remotely by video conference.

You can learn more about AAA at adr.org.

Exceptions to Arbitration

• Either party may bring a claim in small claims court if it qualifies and remains in small claims court
• Either party may seek injunctive relief in court for intellectual property infringement or unauthorized use of the Service.

No Class Actions

YOU AND OVERFLOW AGREE THAT DISPUTES WILL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY. You may not bring claims as part of a class action, consolidated proceeding, or representative action.

There will be no class arbitrations or class actions. The arbitrator may only award relief (including monetary, injunctive, and declaratory relief) in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim(s).

Opt-Out Right

You have 30 days from first accepting these Terms to opt out of arbitration. To opt out, email joseph@overflowthrive.com with:

• Your name
• Account email address
• Statement: "I opt out of the arbitration provision"

If you opt out, all other Terms still apply, but disputes will be resolved in court (see Governing Law).

12. Governing Law & Jurisdiction

These Terms are governed by the laws of the Commonwealth of Pennsylvania, without regard to conflict of law principles.

If arbitration doesn't apply (due to opt-out or exceptions), you agree that any legal action must be brought in state or federal courts located in Pennsylvania, and you consent to personal jurisdiction there.

13. Changes to These Terms

We may update these Terms from time to time. When we do:

For significant changes:

• We'll email you at least 30 days before the new Terms take effect
• We'll post a notice in your Overflow dashboard
• The "Last updated" date at the top will change

Your options:

• If you disagree with the changes, cancel your account before they take effect
• Continued use of Overflow after changes take effect means you accept the new Terms

For minor changes (typos, clarifications, non-material updates):

• We'll update the Terms and date
• We may not send individual notice

We'll keep past versions of these Terms and send any of them on request.

14. General Provisions

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Overflow regarding the Service and supersede any prior agreements.

Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full effect.

No Waiver

Our failure to enforce any right or provision of these Terms doesn't constitute a waiver of that right or provision.

Assignment

You may not transfer or assign your rights under these Terms without our written consent. We may assign our rights and obligations without restriction.

Force Majeure

We're not liable for delays or failures in performance due to causes beyond our reasonable control (natural disasters, war, pandemics, internet outages, etc.).

Headings

Section headings are for convenience only and don't affect interpretation of these Terms.

Contact for Legal Notices

Legal notices to Overflow must be sent to:

Overflow
Email: joseph@overflowthrive.com

15. Questions About These Terms?

We know legal documents can be confusing. If you have questions about these Terms:

Email us: joseph@overflowthrive.com

We're here to help. If something doesn't make sense or feels wrong, please reach out. We built Overflow for relationship-based service providers, and we want our terms to reflect that.

The Human Version

Here's what these Terms really mean:

• Use Overflow to find aligned clients through authentic outreach
• Be respectful, honest, and follow platform rules
• Try the free 14-day trial to make sure it's right for you
• You're in control—we draft messages, and nothing sends until you approve it
• Don't spam, harass, or use Overflow for shady stuff
• No refunds after trial ends, except under our four-conversations guarantee
• We're not liable if Instagram bans you or prospects don't respond
• We'll resolve disputes through arbitration (faster, cheaper than court)

Questions? Concerns? Just want to talk? We're humans building a tool for humans. Email us: joseph@overflowthrive.com

By using Overflow, you agree to these Terms of Service.

Overflow

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