Terms and Conditions

These Terms and Conditions (“Terms”) govern your access to and use of Open Circles, a platform operated by Cactus Marketing Inc. By using Open Circles, you agree to these Terms.

If you do not agree, do not use the platform.

1. Company Information

Open Circles is operated by:

Cactus Marketing Inc.

179 George Street

Ottawa, Ontario, Canada

Email: hello@cactusmarketing.io

2. About Open Circles

Open Circles is an outbound email platform designed to help founders identify relevant venture capital contacts and manage fundraising outreach.

3. Eligibility

You must be at least the age of majority in your jurisdiction to use Open Circles. By using the platform, you confirm that you can legally enter into these Terms.

4. Account Registration

To use certain features, you may need to create an account. You agree to provide accurate information and keep your login credentials secure.

You are responsible for all activity under your account.

5. Acceptable Use

You agree not to use Open Circles:

• for unlawful, fraudulent, deceptive, or misleading activity
• to violate anti-spam, privacy, data protection, or other applicable laws
• to infringe the rights of others
• to interfere with or disrupt the platform
• to attempt unauthorized access to systems, accounts, or data
• to upload malicious code or harmful material
• to misuse contact data or platform data in violation of applicable law

You are solely responsible for the emails you send, the contact data you use, and your compliance with all applicable laws and regulations.

6. Email and Outreach Responsibility

Open Circles provides tools for outreach and campaign management, but we do not guarantee fundraising outcomes, investor responses, meeting bookings, or business results.

You are responsible for ensuring that your use of the platform, including any email outreach, complies with applicable laws, email rules, privacy laws, and third-party platform requirements, including Google requirements where relevant.

7. Integrations and Third-Party Services

Open Circles may connect with third-party services such as Google, AWS, and Stripe. Your use of third-party services may also be subject to their own terms and policies.

We are not responsible for third-party services or for any downtime, errors, or losses caused by them.

8. Fees and Billing

Certain features may require payment or a subscription. By purchasing a paid plan, you agree to pay the applicable fees.

Payments are processed through third-party providers such as Stripe. Unless otherwise stated, fees are non-refundable.

We may change pricing or subscription features at any time, but changes will apply prospectively.

9. Data and Account Retention

We may retain account and platform data even if your subscription ends, in order to preserve your information in case you return to the platform.

You may request deletion by emailing hello@cactusmarketing.io or through in-app settings where available.

Our Privacy Policy governs our collection and use of personal information.

10. Intellectual Property

Open Circles and all related content, software, branding, design, features, and materials are owned by or licensed to Cactus Marketing Inc. and are protected by applicable intellectual property laws.

You may not copy, modify, distribute, reverse engineer, or exploit any part of the platform except as permitted by law or with our written permission.

11. User Content

You retain ownership of the content and data you upload or submit to the platform. By using Open Circles, you grant us a limited right to host, process, transmit, and use that content as necessary to operate and improve the service.

You represent that you have the rights necessary to use and upload your content and data.

12. Service Availability

We may modify, suspend, or discontinue any part of Open Circles at any time, with or without notice.

We do not guarantee uninterrupted or error-free service.

13. Disclaimer

Open Circles is provided on an “as is” and “as available” basis. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not guarantee that the platform will meet your requirements or that outreach conducted through the platform will produce any specific result.

14. Limitation of Liability

To the fullest extent permitted by law, Cactus Marketing Inc. and its affiliates, officers, employees, and contractors will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, business opportunities, or goodwill arising from or related to your use of Open Circles.

To the fullest extent permitted by law, our total liability for any claim relating to Open Circles will not exceed the amount you paid us in the 12 months before the claim arose.

15. Indemnity

You agree to indemnify and hold harmless Cactus Marketing Inc. and its affiliates, officers, employees, and contractors from claims, damages, losses, liabilities, and expenses arising out of your use of Open Circles, your content, your outreach activity, or your violation of these Terms or applicable law.

16. Termination

We may suspend or terminate your access to Open Circles at any time if we believe you violated these Terms or used the platform in a harmful, unlawful, or risky manner.

You may stop using the platform at any time.

17. Governing Law

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

18. Changes to These Terms

We may update these Terms from time to time. Continued use of Open Circles after updated Terms are posted means you accept the revised Terms.

19. Contact

If you have questions about these Terms, contact:

Open Circles / Cactus Marketing Inc.
179 George Street
Ottawa, Ontario, Canada
Email: hello@cactusmarketing.io