Oneshot.ai Terms of Service
Welcome to Oneshot.ai. Please read these terms carefully before you submit to us your order for a free or paid subscription to use the Oneshot.ai service.
These Terms of Service set out the terms of a contract between us and our customers. They describe the Oneshot.ai service we will provide to you, how we will work together, and other aspects of our business relationship. We cannot provide the Oneshot.ai service to you unless you agree to them. We are Oneshot.ai Ltd, a limited company registered in England and Wales under company number 12681675, whose registered office is at 58 High Beeches, Gerrards Cross, Buckinghamshire, United Kingdom, SL9 7HY. We are referred to as “we”, “us” or “Oneshot.ai” in these Terms of Service. “You” means the person or entity requesting access to the Oneshot.ai service.
It is your responsibility to ensure that you use the Oneshot.ai service, including any Enrichment Data and New Contacts, in accordance with Data Protection Laws. If you are planning to use any personal data - including any personal data within Enrichment Data or New Contacts - to complement your marketing or promotional activities, you will need to transparently notify the individuals identified in that data of this in accordance with those Data Protection Laws. Oneshot.ai is designed to help you augment your CRM data. But it is your responsibility to ensure that you have a legal basis under Data Protection Laws to process that data for your own purposes.
Your attention is drawn in particular to the ability for us to suspend your access to the Services under section 1.6; section 3.1, which sets out important disclaimers in respect of the Services; and the limits of liability in section 14.
If you think that there is a mistake in these terms or they require any changes, or you would like to discuss any of them, please contact us a .
You agree to these Terms of Service on behalf of the entity or organisation whose details you enter on the Oneshot.ai website as subscribing to or evaluating the Oneshot.ai service. By doing so, you are representing to us that you have the authority to do so.
The binding contract created by your acceptance of these Terms of Service and our acceptance of your order for a subscription is referred to in these Terms of Service as “our agreement”. If you breach any of the terms, we may terminate your access to the Services.
If not given a meaning right away when they are mentioned, capitalised terms (like “the Services”, for example) are defined at the end of these Terms of Service in section 17.
1. Usage of the Services
1.1 You may use the Services during the period of your Subscription solely for your internal business operations and subject to these Terms of Service. The right to use the Services applies to you only, and not anyone else (for example, if you are a company, any other company which might be affiliated with you).
1.2 You must ensure that your usage of the Services does not exceed the limits of your Subscription.
1.3 You must ensure that each of your Authorised Users shall keep a secure password for their use of the Services, and that each Authorised User shall keep their password confidential. You are responsible for maintaining the security of your account and password. Oneshot.ai will not be liable for any loss or damage from your failure to comply with this security obligation. You will be responsible for any activity undertaken using your account credentials.
1.4 You must ensure that you comply at all times with our Acceptable Use Policy, which forms part of our agreement.
1.5 We will be entitled to suspend or disable your access to any User Data that breaches the provisions of our agreement.
1.6 Oneshot.ai may temporarily disable your account if your usage significantly exceeds the allocation specified in respect of your Subscription. Oneshot.ai will contact you before taking any such action, except in rare cases where the level of use may negatively impact the performance of the Services for other customers.
1.7 From time to time, Oneshot.ai may make Beta Services available to you at no charge. You may choose to try such Beta Services at your sole discretion. Oneshot.ai makes no warranty or representation regarding any Beta Services, and may discontinue Beta Services at any time in its sole discretion and may never make them generally available.
1.8 You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services without the express written permission by Oneshot.ai.
2. Subscriptions, Upgrades and Downgrades
2.1 The Services are subject to Authorised User, API Call, Enrichment Data, New Contact and other usage limits specified in respect of the different Subscriptions offered by Oneshot.ai. These are as initially specified on the Oneshot.ai Website as part of your ordering process, and as may be updated by notice by Oneshot.ai to you.
2.2 You may at any time upgrade your Subscription. If you wish to upgrade your Subscription, you shall pay to Oneshot.ai the relevant fees for such additions as set out on the Oneshot.ai Website and, if the upgrade is purchased by you part way through a Subscription Period, such fees shall be pro-rated from the date of activation by Oneshot.ai for the remainder of the current Subscription Period. If you are upgrading from a free Subscription to a paid Subscription, we will charge your payment card immediately and your new Subscription Period starts on the day of upgrade.
2.3 For downgrades in Subscription level, the new rate starts from the end of your current Subscription Period. There will be no prorating for downgrades made mid-Subscription Period.
2.4 You are only permitted to set up one trial or free Subscription per legal entity. Any user found setting up multiple trial or free Subscriptions for any entity will be terminated and blocked from accessing the Services immediately.
3.1 You acknowledge that:
(a) Oneshot.ai makes no representation or warranty regarding the Enrichment Data or New Contacts, including in relation to your ability to lawfully conduct any marketing activity in respect of any individual whose Personal Data is comprised in any Enrichment Data or New Contacts;
(b) you, not Oneshot.ai, are responsible for compliance with Data Protection Laws of your use of the Services in respect of any User Data, and your processing of Enrichment Data and New Contacts;
(c) you, not Oneshot.ai, are responsible for maintaining and updating Enrichment Data and New Contacts to reflect any changes to it; and
(d) Oneshot.ai has no responsibility for maintaining any CRM Integration, Data Integration or Email Integration and shall not be liable in the event of any failure to maintain any such Integration.
You assume sole responsibility for results obtained from the use of the Services by you, for conclusions drawn from such use, and for any use you make of the User Data, Enrichment Data and New Contacts. Oneshot.ai shall have no liability for any damage caused by errors or omissions in any Enrichment Data or New Contacts provided to Oneshot.ai by you in connection with the Services, or any actions taken by Oneshot.ai at your direction.
3.2 You acknowledge that the technical processing transmission of data by means of the Services, including User Data, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
3.3 Oneshot.ai is entitled to make changes to the Services and the Service Description provided that any changes will not materially diminish the functionality of the Services as a whole. Oneshot.ai shall give email notice of such changes to you prior to these changes coming into effect.
4. User Data and Data Protection
4.1 As between you and Oneshot.ai, you own all of your User Data. You are responsible for the legality, reliability, integrity, accuracy and quality of all such User Data, and will ensure that you are legally entitled to provide it to Oneshot.ai for the purposes of providing the Services. Except as set out in our agreement, Oneshot.ai will not have any rights to use your User Data.
4.2 Oneshot.ai shall comply with the information security safeguards specified in the Security section of its website and at “Guide to Handling of Customer Data by Oneshot.ai”.
4.3 Without prejudice to the Data Processing Terms, in the event of any loss or damage to User Data, your sole and exclusive remedy against Oneshot.ai shall be for Oneshot.ai to use reasonable commercial endeavours to restore the lost or damaged User Data from the latest back-up of such User Data maintained by Oneshot.ai. Oneshot.ai shall not be responsible for any loss, destruction, alteration or disclosure of User Data caused by any third party (except those third parties sub-contracted by Oneshot.ai to perform services related to User Data maintenance and back-up).
4.4 To the extent that any User Data, Enrichment Data or New Contact contains any Personal Data, Oneshot.ai processes the same as a ‘data processor’, on behalf of you as ‘data controller’ as defined in Data Protection Laws, and the Data Processing Terms] below (which form part of our agreement) shall additionally apply.
4.5 Oneshot.ai uses Usage Data to build features and improve the functionality and feature set of the Services, and may disclose to third parties aggregated and anonymised research data (which cannot reasonably be used to infer the identity of any user or customer of Oneshot.ai) based on the Usage Data. Nothing in our agreement shall restrict Oneshot.ai from such use of Usage Data.
5. Enrichment Data and New Contacts
5.1 To the extent that it comprises any Personal Data, Oneshot.ai makes no warranty that any individual whose contact details are comprised in any Enrichment Data or New Contact has provided any necessary consents under Data Protection Laws or otherwise, for any marketing or promotional activity.
5.2 You must disclose to any individual whose Personal Data is comprised in any Enrichment Data or New Contacts, details of your processing of that Personal Data, in accordance with Data Protection Laws (including Article 14 of GDPR). You shall list Oneshot.ai as a processor of personal data in that disclosure.
7. Oneshot.ai's obligations
7.1 Oneshot.ai will perform the Services substantially in accordance with the Service Description. This does not apply to the extent of any non-conformance which is caused by use of the Services contrary to Oneshot.ai's instructions, or modification or alteration of the Services by any party other than Oneshot.ai or Oneshot.ai's duly authorised contractors or agents. If the Services do not conform with the foregoing undertaking, Oneshot.ai will, at its expense, use all reasonable commercial endeavours to correct any such non-conformance promptly, or provide you with an alternative means of accomplishing the desired performance. Such correction or substitution constitutes your sole and exclusive remedy for any breach of the undertaking set out in section this 7.1. This section does not apply to any Beta Services – these are provided ‘as is’ without any such commitment.
7.2 Oneshot.ai does not warrant that:
(i) your use of the Services will be uninterrupted or error-free; or
(ii) that the Services, Enrichment Data, New Contacts and/or the information obtained by you through the Services will meet your particular requirements.
8. Your obligations
(a) without affecting your other obligations under our agreement, comply with all applicable laws and regulations with respect to your activities under our agreement;
(b) ensure that the Authorised Users use the Services and the User Data in accordance with the terms and conditions of our agreement and shall be responsible for any Authorised User's breach of our agreement;
(c) obtain and shall maintain all necessary licences, consents, and permissions necessary for Oneshot.ai, its sub-contractors, suppliers and agents to perform their obligations under our agreement, including without limitation the Services.
(d) obtain and maintain at all times and at your own cost all required third party licences and consents where required for your use of the Enrichment Data and New Contacts, including any necessary marketing consents from any individuals under Data Protection Laws.
9. Charges and payment
9.1 Unless you are on a free Subscription, you shall pay the Subscription Fees to Oneshot.ai for the Subscription. Oneshot.ai reserves the right to change the Subscription Fees at any time. We will post changes on the Oneshot.ai Website or by e-mail to the address you have provided to us in connection with your account. The changes will be applicable from the end of the then-current Subscription Period, or (if you are on a free Subscription) at any time.
9.2 You shall provide to Oneshot.ai valid, up-to-date and complete credit card details and any other relevant valid, up-to-date and complete contact and billing details and you hereby authorise Oneshot.ai to bill such credit card for the Subscription Fees payable in respect of the Initial Subscription Term and monthly thereafter for each Renewal Period.
9.3 All amounts and fees stated or referred to in our agreement:
(a) are, subject to section 14.3(b), non-cancellable and non-refundable; and
(b) are exclusive of any value added tax, which to the extent applicable shall be added to Oneshot.ai's invoice(s) at the appropriate rate.
9.4 You agree to immediately notify Oneshot.ai of any change in your billing address or the credit card used for payment of your Subscription Fees.
9.5 All amounts due under our agreement from you to Oneshot.ai shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law). If any such deduction or withholding of any tax is required by law, you will notify Oneshot.ai and you will pay any additional amounts necessary to ensure that the net amount that Oneshot.ai receives, after deduction and withholding, equal the amount Oneshot.ai would have received if no deduction or withholding had been required.
10. Proprietary rights
10.1 You acknowledge and agree that Oneshot.ai and/or its licensors own all intellectual property rights in the Services. Except as expressly stated herein, our agreement does not grant you any rights to, under or in, any patents, copyright, database right, trade secrets, trade names, trade marks (whether registered or unregistered), or any other rights or licences in respect of the Services (including any New Contact or Enrichment Data).
10.2 Oneshot.ai confirms that it has, to the best of its knowledge, all the rights in relation to the Platform that are necessary to grant all the rights it purports to grant under, and in accordance with, the terms of our agreement.
10.3 You may choose to submit comments, feedback, questions, or other information (“Feedback”) to Oneshot.ai. Oneshot.ai may freely use, copy and exploit any Feedback in any manner without any obligation, royalty or restriction based on intellectual property rights or otherwise.
11. Identifying you as a user of Oneshot.ai
11.1 You grant to Oneshot.ai a royalty-free, worldwide, irrevocable licence for the Subscription Term any logo or other trade mark used by you to identify your goods and services (“User Marks”) for the purposes of (i) providing the Services; and (ii) identifying you, on the Oneshot.ai Website and its sales and marketing materials, as Oneshot.ai’s customer. Any further use of the User Marks by Oneshot.ai shall be subject to your prior consent. Oneshot.ai acknowledges that all goodwill generated through Oneshot.ai’s use of any of the User Marks will accrue to you and Oneshot.ai hereby assigns and will assign to you any and all goodwill generated through Oneshot.ai’s use of any of the User Marks, without payment or other consideration of any kind to Oneshot.ai.
12.1 You shall defend, indemnify and hold harmless Oneshot.ai against claims, actions, proceedings, losses, damages, expenses and costs (including without limitation court costs and reasonable legal fees) arising out of or in connection with your User Data or any use by you or Authorised Users of the Services in breach of our agreement.
13.1 Oneshot.ai may at any time update and change any part or all of our agreement (but not, for avoidance of doubt the Subscription Fees, except as set out in section 9.1). In the event of such a change, Oneshot.ai shall notify you of the change by email or by means of a message by means of the Services (“Change Notice”). The updated terms will become effective and binding on the next business day in the UK after such notification (“Immediate Change”), unless the Change Notice specifies that the change applies upon the commencement of the next Renewal Period (“Renewal Change”). If an Immediate Change operates to your material detriment, and you do not agree to such a change in the terms, you may terminate this agreement on notice in writing to be sent by you within 28 days after the date of the Change Notice. In the event of a Renewal Change, the change will apply from the commencement of the next Renewal Period.
14. Limitation of Liability
14.1 Except as expressly and specifically provided in our agreement:
(a) you assume sole responsibility for results obtained from your use of the Services, Enrichment Data, New Contacts and Integrations, and for conclusions drawn from such use. Oneshot.ai shall have no liability for any damage caused by errors or omissions in any information, instructions or scripts provided to Oneshot.ai by you in connection with the Services, or any actions taken by Oneshot.ai at your direction;
(b) all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from our agreement; and
(c) the Services are provided to you on an "as is" basis.
14.2 Nothing in our agreement excludes the liability of Oneshot.ai:
(a) for death or personal injury caused by Oneshot.ai's negligence; or
(b) for fraud or fraudulent misrepresentation.
14.3 Subject to section 14.1 and section 14.2:
(a) Oneshot.ai shall not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any of the following:
(i) loss of profits,
(ii) loss of business, depletion of goodwill and/or similar losses;
(iii) loss of reputation;
(iv) pure economic loss; or
(v) any special, indirect or consequential loss, costs, damages, charges or expenses,
however arising under our agreement; and
(b) Except in relation to free Subscriptions and Beta Services, Oneshot.ai's total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of our agreement shall be limited to the greater of £100.00 (one hundred pounds sterling) and the total Subscription Fees paid for the Services during the 12 months immediately preceding the date on which the claim arose; and
(c) In relation to free Subscriptions and any Beta Services, Oneshot.ai's total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of our agreement shall be limited to £100 (one hundred pounds sterling).
15. Term and termination
15.1 Our agreement shall, unless otherwise terminated as provided in this section 15, commence on the date of activation of your account and shall continue for the Initial Subscription Term and, thereafter, our agreement shall be automatically renewed for successive periods of one month (each a “Renewal Period”), unless either you or Oneshot.ai notifies the other party of termination, in writing, before the end of the Initial Subscription Term or any Renewal Period (in which case our agreement shall terminate upon the expiry of the applicable Initial Subscription Term or Renewal Period) or it is otherwise terminated in accordance with the provisions of our agreement. The Initial Subscription Term together with any subsequent Renewal Periods shall constitute the “Subscription Term”.
15.2 We may terminate our agreement at any time immediately on notice, in the event that you breach its terms.
15.3 If you cancel the Services before the end of your current paid up month, your cancellation will take effect immediately, and you will not be charged again. But there will not be any prorating of unused time in the last billing cycle.
15.4 On termination of our agreement for any reason your right to use the Services will immediately terminate and you shall immediately cease all use of the Services.
15.5 We will on termination or expiry of our agreement deactivate or delete your account or your access to your account. You will be unable to access your User Data or any Enrichment Data or New Contacts by means of the Platform following termination of our agreement.
16. Other Important Terms
16.1 Oneshot.ai shall have no liability to you under our agreement if it is prevented from or delayed in performing its obligations under our agreement, or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the workforce of Oneshot.ai or any other party), failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors, provided that you are notified of such an event and its expected duration.
16.2 No failure or delay by Oneshot.ai to exercise any right or remedy provided under our agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
16.3 Our agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter. Each party acknowledges that in entering into our agreement it does not rely on, and shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in our agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in our agreement.
16.4 No terms or conditions endorsed on, delivered with, or contained in your purchase conditions, order, confirmation of order, specification or other document shall form part of our agreement except to the extent that Oneshot.ai otherwise agrees in writing. Except as stated in these Terms of Service, no variation of our agreement shall be binding unless expressly agreed in writing.
16.5 Oneshot.ai may at any time assign, novate, delegate, sub-license or sub-contract any of its rights or obligations under our agreement. You shall not sub-license, assign or transfer any or all of your rights and obligations under our agreement without the prior written consent of Oneshot.ai.
16.6 Our agreement does not confer any rights on any person or party (other than the parties to our agreement and, where applicable, their successors and permitted assigns) pursuant to the Contracts (Rights of Third Parties) Act 1999.
16.7 Our agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with our agreement or its subject matter or formation (including non-contractual disputes or claims).
17.1 In this clause 17, “Confidential Information” means all confidential information disclosed by a party ("Discloser") to the other party ("Receiver"), whether orally or in writing, that is designated as confidential. Confidential Information includes all information concerning: the Discloser's customers and potential customers, past, present or proposed products, marketing plans, engineering and other designs, technical data, business plans, business opportunities, finances, research, development, and the terms and conditions of this Agreement. Confidential Information does not include any information that (a) is or becomes generally known to the public without breach of any obligation owed to the Discloser, (ii) was known to the Receiver prior to its disclosure by the Discloser without breach of any obligation owed to the Discloser, (iii) is received from a third party without breach of any obligation owed to the Discloser, or (iv) was independently developed by employees of the Receiver without reference to Confidential Information of the Discloser.
17.2 The Receiver will: (i) protect the confidentiality of the Confidential Information of the Discloser using the same degree of care that it uses to protect the confidentiality of its own confidential information of like kind, but in no event less than reasonable care, (ii) not use any Confidential Information of the Discloser for any purpose outside the scope of this Agreement, (iii) not disclose Confidential Information of the Discloser to any third party other than for the purposes of its obligations under this Agreement, and (iv) limit access to Confidential Information of the Discloser to those of its agents, employees, and sub-contractors who need such access for purposes of this Agreement and who are subject to substantial obligations of confidentiality in favour of the Receiver.
17.3 The Receiver may disclose Confidential Information of the Discloser if required or required to do so by court or regulator having jurisdiction over the Receiver under any applicable law. In such circumstances, the Receiver will (if possible) provide the Discloser with prompt notice of any request that it disclose Confidential Information.
18.1 A reference to a company shall include any company, corporation or other body corporate, wherever and however incorporated or established. A reference to writing or written includes e-mail or other durable electronic medium. Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
18.2 The definitions and rules of interpretation in this section apply in our agreement.
18.3 API Call: an individual instance of an Authorised User (i) importing a new CRM Data Contact into the Services; or (ii) requesting Enrichment Data or a New Contact in respect of an individual CRM Data Contact.
Authorised Users: those of your employees, agents and independent contractors who are authorised by you to use the Services.
Beta Services: any pre-release and beta features within the Services, that Oneshot.ai makes available to users in a manner clearly identified with a ‘Beta’ designation.
CRM Data Contact: an individual contact point comprised in the User Data.
CRM Integration: a CRM or similar service provided to you by a third party, in respect of which the Services facilitate a connection or exchange of data by you. By way of illustration, Salesforce is an example of a potential CRM Integration.
Data Integration: a data enhancement, validation or enrichment service, or similar service, in respect of which the Services facilitate a connection or exchange of data by you. By way of illustration, ZoomInfo and LinkedIn are examples of a potential Data Integration.
Data Protection Laws: means as applicable:
(i) the Data Protection Act 2018; and
(ii) the GDPR, and/or any corresponding or equivalent national laws or regulations;
(iii) any laws replacing, amending, extending, re-enacting or consolidating any of the above Data Protection Laws from time to time (whether or not before or after the date of our agreement).
Email Integration: an email service or client provided to you by a third party, in respect of which the Services facilitate a connection with the Platform in order for you to send emails to CRM Data Contacts or New Contacts. By way of illustration, Gmail and Outlook are examples of potential Email Integrations.
Enrichment Data: additional data sourced by Oneshot.ai in respect of CRM Data Contacts, and provided to you by means of the Platform.
Initial Subscription Term: one month from the activation of your access to the Services.
Integration: a CRM Integration or a Data Integration or an Email Integration.
New Contact: means the provision to you, as part of the Services, of contact details of a third party business contact which is not a CRM Data Contact, nor data received from a Data Integration.
Personal Data: has the meaning ascribed to in Data Protection Laws.
Platform: Oneshot.ai’s online platform application by means of which the Services are provided.
Services: the subscription services provided by Oneshot.ai to you under our agreement via or any other website notified to you by Oneshot.ai from time to time, including access to Enrichment Data and New Contacts.
Subscription: the subscription purchased by you pursuant to section 9.1 which entitle Authorised Users to access and use the Services and the Enrichment Data in accordance with our agreement, including the User Subscriptions.
Subscription Fees: the subscription fees payable by you to Oneshot.ai for the Subscription, as set out from time to time on the Oneshot.ai Website.
Subscription Period: means the Initial Subscription Term or a Renewal Period (as the case may be).
Subscription Term: has the meaning given in section 15.1 (being the Initial Subscription Term together with any subsequent Renewal Periods).
Usage Data: Oneshot.ai’s analytics, collected automatically by means of the Services, on User Data types and usage, how Authorised Users use the Services, as well as the performance of the Services and the Platform.
User Data: all data (i) inputted by you or Authorised Users in respect of CRM Data Contacts or Authorised Users (including any CRM Data Contact data, or data about Authorised User performance against sales targets); or (ii) imported by you into Oneshot.ai by means of a CRM Integration, for the purpose of using the Services or facilitating your use of the Services; or (iii) obtained by you by means of a Data Integration.
User Subscriptions: the number of Authorised Users permitted to use the Services, as set out in respect of your Subscription from time to time on the Oneshot.ai Website.