Important: Please carefully read this Terms of Service Agreement before clicking the “Accept” button and/or using the software-as-a-service platform, application programming interface, or any other services provided by ConstructRelay. This Agreement governs your access to and use of the ConstructRelay services.
By clicking “Agree” or by using the ConstructRelay services in any way, you (Subscriber) and the organization you represent confirm your unconditional agreement to be legally bound by this Agreement. You also affirm that you have the authority to bind your organization to these terms. If you do not agree to all the terms and conditions set forth, you are strictly prohibited from using the ConstructRelay services.
Please be aware that ConstructRelay reserves the right to change or update this Agreement at any time. When updates are made, we will revise the “Last Updated” date accordingly and may notify you via the email address you have provided.
In some cases, ConstructRelay may require your explicit consent to the updated Agreement before you can continue using the services. If you do not accept the revised terms, you must immediately stop using ConstructRelay. Continuing to use the services after such changes will be considered as your acceptance of the new terms.
We encourage you to review this Agreement regularly to stay informed of any updates.
Terms and Conditions
1. Definitions. As used in this Agreement:
1.1 “Applicable Data Protection Laws” refers to all relevant data protection and privacy laws that apply to ConstructRelay's processing of any Subscriber Personal Data under this Agreement. This includes, where applicable, laws such as the California Consumer Privacy Act (CCPA) and other U.S. state or national data privacy regulations, including those that may be amended or replaced.
1.2 “Connected Account” means any third-party email platform or system that is linked to or integrated with the ConstructRelay service, either by the Subscriber or by ConstructRelay as part of its Done-For-You Email Setup. All Connected Accounts are subject to the same terms outlined in this Agreement.
1.3 “Connected Account Data” refers to any information collected from or provided by a Connected Account.
1.4 “ConstructRelay Platform” or “Platform” includes the cloud-based technology and APIs, as well as mobile applications, that ConstructRelay uses to deliver its services to Subscribers.
1.5 “ConstructRelay Service” refers to the online services offered via the https://constructrelay.com website and related mobile applications. The service includes features such as email campaign management, contact discovery, and communication tools like calls and SMS for potential B2B leads.
1.6 “Intellectual Property Rights” covers all types of intellectual property, including but not limited to copyrights, trademarks, trade secrets, patents, and other proprietary rights. This also includes all applications, renewals, and extensions related to such rights.
1.7 “Performance Data” refers to any log files, technical metadata, telemetry, and other system-generated performance information that arises from the use of the ConstructRelay service. This includes details on how the service performs, its reliability, and the accuracy of its operations. For clarity, any email status information (such as valid, invalid, bounced, risky) related to emails imported or added manually into the system is also considered Performance Data.
1.8 “Personal Data” carries the meaning assigned to it under the applicable data protection laws.
1.9 “Processing” (and all variations of the term) means any action performed on Personal Data—whether automated or not—including collecting, storing, organizing, adapting, retrieving, consulting, using, sharing, copying, deleting, or destroying such data.
1.10 “Subscriber Data” refers to any content provided by the Subscriber while using the ConstructRelay service. This includes email content, newsletters, inputs, outputs, Connected Account Data, and any other information submitted, uploaded, or transmitted by or on behalf of the Subscriber, excluding Aggregated Data.
1.11 “Users” means individuals such as employees, agents, contractors, or representatives who are authorized by the Subscriber to access and use the ConstructRelay service.
2. Onboarding and Connected Accounts.
2.1 Connected Accounts. To access many features of the ConstructRelay service, the Subscriber must connect one or more Connected Accounts. By granting access, the Subscriber confirms that they have the right to share any login details (if applicable) and to permit ConstructRelay to access those accounts. The Subscriber also confirms that all Connected Accounts are in good standing. The Subscriber agrees that ConstructRelay may access these accounts and their related data to deliver services, such as sending test emails or troubleshooting. The Subscriber acknowledges that the availability and uptime of each Connected Account depend solely on the third-party provider, and ConstructRelay holds no responsibility for any disruption, suspension, or termination of these services.
2.2 Integrating Connected Accounts. The Subscriber agrees that proper onboarding and full use of ConstructRelay features require integrating or connecting to external accounts. For custom IMAP-SMTP accounts not provided by Google, Outlook, Office365, or Zoho, the Subscriber agrees to keep usage within reasonable limits. Each workspace can include up to 100 Connected Accounts, and this limit must not be exceeded. ConstructRelay reserves the right to take any necessary action to maintain service quality and performance.
3. Support.
3.1 Support. ConstructRelay will make commercially reasonable efforts to route Subscriber emails correctly to recipients. The Technical Parameters Addendum provides further details on the limitations of email delivery. To assist with campaign management, ConstructRelay offers online monitoring tools for real-time updates. Additional recommended services may also be available to enhance performance. For any support issues, assistance will be provided according to this section.
3.2 Eligible Support Recipient. The Subscriber must designate an administrator responsible for gathering support requests from Users.
4. Subscriber's Use of the ConstructRelay Service.
4.1 Access Rights. From the time the Subscriber purchases the ConstructRelay service, they receive a limited, non-transferable license to use the service solely for internal business purposes, subject to this Agreement and the law. ConstructRelay may refuse or limit access at its discretion. Excessive API usage may result in action by ConstructRelay to maintain service quality. Service features may change over time without significant negative impact on core functionality.
4.2 Access and Security Guidelines. Users must access the Platform using unique credentials. The Subscriber is responsible for managing these credentials and ensuring their confidentiality. Any unauthorized access or misuse must be promptly reported to ConstructRelay. Shared or reused credentials across multiple individuals are strictly prohibited.
4.3 AI Tools. ConstructRelay provides AI tools that use third-party services to generate suggestions or outputs based on user inputs. The Subscriber remains fully responsible for reviewing and using the results. These tools should not be used to generate or process illegal, deceptive, harmful, or sensitive content. ConstructRelay accepts no liability for misuse of these tools.
4.4 Restrictions. The Subscriber and its Users must not misuse the ConstructRelay Platform, including unauthorized access, reverse engineering, or using it to build competing services. Any violation may result in suspension or termination of access.
4.5 Website Visitor ID Tool. This tool allows the Subscriber to collect visitor information. The Subscriber is solely responsible for complying with all laws regarding data collection, consent, and use. ConstructRelay is not responsible for legal compliance related to this tool.
4.6 VIP Services. Optional services like "Done-For-You" and "VIP" services assist with campaign setup and management. ConstructRelay does not guarantee outcomes and is not responsible for compliance with legal requirements. Subscribers remain responsible for campaign content, legal compliance, and any related liabilities.
4.7 Email Warmup & Verification. ConstructRelay's Email Warmup and Verification services help improve email deliverability. Subscribers must not misuse the information from these services and must comply with content guidelines. Access may be suspended for violations.
4.8 Supersearch. The Supersearch feature enables Subscribers to enrich lead profiles using Credits. This includes pulling contact information and enhancing profiles using third-party tools and AI.
4.9 Account Termination & Circumvention. ConstructRelay may suspend or terminate access to its services for violations of this Agreement or misuse. Attempts to bypass bans or restrictions may result in legal action.
5. Fees, Payment and Suspension.
5.1 Subscriptions. ConstructRelay offers various subscription plans, including free trials and paid options. Pricing is displayed on the official website and payments are made in U.S. dollars.
(a) Paid Plans: Paid plans come with fewer restrictions and additional features.
5.2 Fees. Subscribers must pay in advance based on their chosen plan. Charges are made via provided payment methods and accurate billing information must be maintained. Overage charges may apply for excess usage.
5.3 No Refunds. All payments are non-refundable and non-cancellable. No partial or prorated refunds are provided.
5.4 Taxes and Invoicing. Subscribers are responsible for any applicable taxes. Billing disputes must be raised within sixty days of the first invoice showing the issue.
6. Ownership; Content; and Data.
6.1 ConstructRelay Platform and Technology. Subscriber acknowledges that ConstructRelay retains all rights, title, and interest in the ConstructRelay Platform, including all algorithms, AI models, integration tools, software, and proprietary technology provided with the service. The ConstructRelay name and related trademarks remain the property of ConstructRelay. Subscriber shall not use any ConstructRelay trademarks without prior written consent. All content on ConstructRelay's website or service, including logos and graphics, remains owned by ConstructRelay or its affiliates. Subscriber grants ConstructRelay a perpetual, royalty-free license to use feedback provided by Subscriber to improve services, without identifying Subscriber as the source.
6.2 Responsibility for Subscriber Data. Subscriber is solely responsible for the accuracy, quality, and legality of all Subscriber Data provided, including third-party lead lists. Subscriber will obtain all required licenses, consents, and permissions for ConstructRelay to process this data. Subscriber must also provide proper privacy notices and obtain consent from Users and third parties in compliance with applicable data protection laws. Subscriber represents that its data will not violate third-party rights, contain harmful or unlawful material, or include sensitive personal information such as social security or financial data. ConstructRelay reserves the right to suspend or terminate access immediately if Subscriber breaches these requirements.
6.3 License to Subscriber Data. Subscriber retains ownership of its data but grants ConstructRelay a non-exclusive, royalty-free license to use the data to provide services and generate aggregated, anonymized insights for service improvement. ConstructRelay may verify emails to ensure deliverability and block invalid addresses. Subscriber data submitted by Users will be handled according to ConstructRelay's Privacy Policy.
6.4 Aggregated Data. All rights to Aggregated Data and related intellectual property belong solely to ConstructRelay. Such data may be made public or used by ConstructRelay in compliance with applicable laws, provided it does not identify the Subscriber.
6.5 Performance Data. ConstructRelay retains all rights to Performance Data and may use it for any lawful purpose.
7. CONFIDENTIALITY.
7.1 Definition. Each Party (“Receiving Party”) acknowledges that it may receive from the other Party (“Disclosing Party”) confidential information relating to the Disclosing Party and such confidential information includes, but is not limited to, technical, business, marketing and financial information, and any other information that could reasonably be considered confidential or proprietary (“Confidential Information”). The terms of this Agreement, the ConstructRelay Technology, and all technical information relating thereto shall be considered Confidential Information of ConstructRelay.
7.2 Exceptions. Confidential Information does not include information that:
7.3 Obligations. During and after the Term of this Agreement, the Receiving Party shall: (i) not use (except for performance of this Agreement) or disclose Confidential Information of the Disclosing Party without the prior written consent of the Disclosing Party (except for disclosure to ConstructRelay's employees, subcontractors, and Representatives solely as necessary for performance of the ConstructRelay Service and Platform); and (ii) take no less than the same measures that it takes with its own Confidential Information, and in any case no less than reasonable measures, to maintain the Confidential Information of the Disclosing Party in confidence. “Representatives” means a Party's attorneys, consultants, and subcontractors who have a need to know and who have signed confidentiality agreements containing, or are otherwise bound by, confidentiality obligations at least as restrictive as those contained herein.
7.4 Lawful Disclosure. Either party may disclose Confidential Information to the extent required by law, provided that the Receiving Party gives the Disclosing Party reasonable advance notice of such required disclosure and cooperates with the Disclosing Party so that the Disclosing Party has the opportunity to obtain appropriate confidential treatment for such Confidential Information.
7.5 Ownership. All Confidential Information disclosed by Disclosing Party shall remain the property of the Disclosing Party. The Disclosing Party reserves all rights in its Confidential Information. Nothing in this Agreement or the disclosures envisaged by this Agreement shall (except for the limited use right above) operate to transfer, or operate as a grant of any Intellectual Property Rights in the Confidential Information.
8. Term and Termination.
8.1 Term. The term of this Agreement will commence on the Effective Date and continue until terminated in accordance with the terms of this Agreement (the “Term”). Each subscription will have an initial term of one (1) year or one (1) month, as dictated by the plan that Subscriber purchases (the “Initial Order Term”), and will automatically renew for successive terms of the same period as the Initial Order Term (each, a “Renewal Order Term” and collectively with the Initial Order Term, the “Order Term”), unless either party provides no less than thirty (30) days written notice of its intent to terminate the Order prior to the end of the then-current term. The term of each subscription will be as set forth in the applicable subscription plan and will automatically renew for successive terms of the same duration, in accordance with the terms and conditions of the subscription plan.
8.2 Termination. Either party may terminate this Agreement or specific subscription plan upon written notice if the other party materially breaches the Agreement or the terms of the subscription plan and does not cure such breach within thirty (30) days after written notice of such breach. Further, either party may terminate this Agreement if the other party is declared insolvent, admits its inability to pay its debts when due, or files for, or otherwise undergoes, bankruptcy. ConstructRelay may also immediately terminate this Agreement or suspend Subscriber's access to the ConstructRelay Service without notice pursuant to Section 4.8 (Account Termination and Circumvention), which shall be deemed a non-curable material breach of this Agreement. Upon the expiration or termination of this Agreement or specific subscription plan for any reason any amounts owed to ConstructRelay under this Agreement will become immediately due and payable. Sections 1, 4.4 and 6-13 will survive the termination of this Agreement.
8.3 Effect of Termination. Upon termination or cancellation of the Agreement or any applicable subscription plan:
9. ConstructRelay warranties and disclaimer
9.1 Limited warranty. ConstructRelay represents and warrants that the ConstructRelay Service will be performed in a professional and workmanlike manner. Subscriber must report any deficiencies in writing within thirty (30) days of the non-conformance. Furthermore, Subscriber and users acknowledge and agree that ConstructRelay does not control the transfer of any data (including Subscriber Data) via the internet, and cannot be held responsible for delays or delivery problems arising from the internet or other connection issues. If Subscriber makes such reports, and ConstructRelay determines in its reasonable discretion that there was a deficiency, Subscriber's exclusive remedy will be the re-performance of the ConstructRelay Service.
9.2 Disclaimer.
(a) General. To the maximum extent permitted by applicable law: (i) the ConstructRelay Service, Platform, and documentation are provided “as is” and “as available”; and (ii) ConstructRelay and its suppliers make no warranties, express or implied, including any implied warranties of merchantability or fitness for a particular purpose. ConstructRelay does not guarantee service uptime during disruptions or that all emails will be processed and delivered as intended. ConstructRelay disclaims any guarantee that emails sent through the platform will be delivered to recipients' inboxes rather than spam or other folders. Subscriber is solely responsible for determining the lawfulness of using any data, including obtaining necessary consents and ensuring compliance with applicable regulations.
(b) ConstructRelay AI tools. The ConstructRelay AI tools are intended for output generation only, and ConstructRelay makes no warranty that the output will be accurate, suitable, or legally protected. Subscriber remains solely responsible for evaluating the fitness of any output for its use case.
(c) Third-party data. Subscriber understands that access to the platform and services may rely on data from third-party sources, which may be outdated or inaccurate. ConstructRelay makes no warranties regarding third-party data accuracy or compliance with privacy laws. Subscriber is solely responsible for lawful use of such data, including obtaining consents and complying with regulations. ConstructRelay cannot guarantee ongoing availability of third-party data.
9.3 Connected accounts. Subscriber acknowledges that ConstructRelay has no control over connected accounts and is not liable for any issues arising from their maintenance, accuracy, or availability.
9.4 Third-party service providers. The ConstructRelay Service, Platform, and documentation may include links or references to third-party websites and services. ConstructRelay does not endorse or guarantee any third-party providers and is not responsible for their actions or information. Subscribers should independently evaluate third-party providers before engagement.
10. Indemnity
10.1 By ConstructRelay. ConstructRelay will defend and indemnify Subscriber against any third-party claims alleging that the Platform or Service infringes intellectual property rights under applicable laws within the Pakistan. If any part of the Platform becomes subject to a claim, ConstructRelay may procure rights, replace, modify, or terminate the Service and refund unused fees. ConstructRelay will not be liable for claims arising from misuse, unauthorized combinations, or modifications not made by ConstructRelay.
10.2 By Subscriber. Subscriber will defend and indemnify ConstructRelay against any claims arising from misuse of the Service, breaches of the agreement, use of third-party data, or agreements with connected accounts. This indemnity covers all related losses and costs.
10.3 Procedure. The indemnifying party's obligations require the indemnified party to: (i) promptly notify of any claims, (ii) allow the indemnifying party sole control of the defense, and (iii) cooperate in defense or settlement efforts.
11. General Provisions.
11.1 Publicity and Non-Disparagement. ConstructRelay shall have the right to use Subscriber's name and pre-approved logo on ConstructRelay's website and in marketing materials solely to identify Subscriber as a client of ConstructRelay. Neither party will disparage the other party in any oral, written, or other forms of communication.
11.2 Relationship Between the Parties. ConstructRelay is an independent contractor; nothing in this Agreement will be construed to create a partnership, joint venture, or agency relationship between the parties. Subscriber will not have, and will not represent to any third party that it has, any authority to act on behalf of ConstructRelay. Each party will be solely responsible for payment of all compensation owed to its employees, as well as employment-related taxes. Each party will maintain appropriate worker's compensation insurance for its employees as well as general liability insurance.
11.3 Injunctive Relief. Subscriber acknowledges that the Platform and the ConstructRelay Service contain valuable Intellectual Property Rights and proprietary information of ConstructRelay, that any actual or threatened breach of this Agreement will constitute immediate, irreparable harm to ConstructRelay for which monetary damages would be an inadequate remedy, and that injunctive relief is an appropriate remedy for such breach. If Subscriber continues to use the Platform or the ConstructRelay Service after its right to do so has terminated or expired, ConstructRelay will be entitled to immediate injunctive relief without the requirement of posting bond.
11.4 Export and Import Laws. Subscriber agrees not to use, export, re-export, or transfer, directly or indirectly, any U.S. technical data acquired from ConstructRelay, or any products utilizing such data, in violation of the Pakistan export laws or regulations. Each party agrees to comply with all relevant export laws and regulations of the Pakistan and the country or territory in which the ConstructRelay Service is provided. Subscriber further represents that Subscriber is not located in a country subject to a U.S. Government embargo or listed on any U.S. Government list of prohibited or restricted parties. Subscriber agrees that products, services, or technology provided by ConstructRelay are subject to U.S. export control laws and regulations and will comply accordingly.
11.5 Assignment. Neither party may assign or transfer its rights or obligations under this Agreement without the prior written consent of the other party, except in the case of merger, corporate reorganization, or sale of all or substantially all assets. This Agreement will be binding upon the parties and their successors and permitted assigns.
11.6 Notices. All notices required or permitted must be delivered in writing: to ConstructRelay by emailing info@ConstructRelay.com and to Subscriber by emailing the address used for account registration. For breaches or termination notices, a copy must also be sent in writing by courier, certified mail, or express service to the party's designated address. Each party may update its notice address by giving written notice to the other party.
11.7 Waivers; Severability. Waivers must be in writing. Failure to enforce any provision is not a waiver of future enforcement. If any provision is unenforceable, it will be interpreted to achieve its objectives to the extent possible, and remaining provisions will remain in effect.
11.8 Construction. Section headings are for convenience only. The term “including” means “including but not limited to.”
11.9 Force Majeure. Delays in performance caused by factors beyond a party's control (such as natural disasters, war, pandemics, or cloud service outages) are excused provided the affected party uses reasonable efforts to notify the other party and resume performance as soon as possible.
11.10 Entire Agreement; Amendment. This Agreement, including the Sending Policy and Technical Parameters Addendum, constitutes the complete agreement between the parties and supersedes all prior agreements. In the event of conflict: this Agreement prevails, followed by the Technical Parameters Addendum, and then the Sending Policy. Subscriber's purchase order terms do not apply.