Terms of Service

These Terms of Service (“Terms”) govern your access to and use of InControl (“InControl,” “we,” “our,” or “us”), operated by The Coffey Company. By creating an account, subscribing, installing the InControl widget, or otherwise using the Services, you agree to be bound by these Terms. If you do not agree, do not use the Services.

You must be at least 18 years old and able to enter into a binding contract to use the Services. You represent that you are authorized to act on behalf of any business or organization for which you create an account.

InControl is a software-as-a-service platform that helps businesses capture website leads, organize follow-up, and measure conversion. We may change, add, or remove features at our discretion. We will provide reasonable notice of material adverse changes to paid features.

• You are responsible for the accuracy of the information you provide during signup.
• You are responsible for safeguarding your account credentials and for all activity that occurs under your account.
• You must notify us immediately of any unauthorized use of your account by sending us a message through the chat widget on our website.
• Authentication is provided through Clerk; Clerk’s terms also apply to the authentication portion of the Services.

• InControl offers recurring monthly and annual subscriptions. Monthly subscriptions renew monthly and annual subscriptions renew yearly until canceled. Current pricing is listed on our pricing page and may change with notice.
• Subscription fees are billed in advance through our payment processor (Stripe).
• You authorize us and Stripe to charge the payment method on file for the subscription fees and any applicable taxes.
• Fees are stated in U.S. dollars unless otherwise noted and are exclusive of taxes, which are your responsibility where applicable.

How to cancel

• You can cancel your subscription yourself at any time from the Support & Billing page inside InControl. The “Manage billing” button opens the Stripe customer billing portal, where you can cancel, update your payment method, and view receipts.
• Ordinary cancellation takes effect at the end of the current billing period and does not itself create or issue a refund. You will continue to have full access to InControl until that date, after which your subscription ends and you will not be billed again.
• Ordinary cancellation does not itself create or issue a refund. We do not pro-rate or refund the unused portion of the current billing period when you cancel, except under the 30-day guarantee below or where required by law.

Refunds

• 30-Day Full-Refund Guarantee: The guarantee covers the full initial monthly or annual subscription payment when the customer requests a refund within 30 calendar days. The 30 calendar days begin when Checkout results in the successful initial subscription charge. Clicking Checkout without a successful charge does not start the 30-day period.
• Annual renewals and all later renewal charges are not new initial purchases and do not restart the 30-day guarantee.
• To receive a guarantee refund, first cancel through Settings → Billing → Manage billing, then contact InControl through the chat widget on our website to request the refund.
• After the initial 30-day guarantee period, subscription charges are non-refundable except where required by law.

You agree NOT to use the Services to:

• Violate any law or regulation.
• Send spam, deceptive messages, or any communication that violates anti-spam laws (e.g., CAN-SPAM, CASL, GDPR ePrivacy).
• Send email to recipients without the consent, lawful basis, or other permission required by applicable law, or ignore an unsubscribe or suppression request.
• Upload content that is unlawful, infringing, defamatory, obscene, harassing, or harmful.
• Collect, store, or process personal information in a way that violates applicable privacy laws or these Terms.
• Attempt to reverse engineer, decompile, scrape, copy, or otherwise interfere with the Services or their underlying code.
• Use the Services to build a competing product or replicate any feature, content, or design element.
• Bypass or circumvent rate limits, security measures, or access controls.
• Resell, sublicense, or transfer the Services without our express written permission.
• Upload viruses, malware, or other harmful code, or interfere with the integrity or performance of the Services.

You may not upload, import, or use InControl to send email to any purchased, rented, scraped, harvested, brokered, or otherwise acquired third-party recipient list. You may send email only to recipients whose information you obtained lawfully and whom you are permitted to contact under applicable law and applicable email-provider policies. A list seller’s or data provider’s statement that a list is “opted in” does not make that list eligible for use through InControl.

We may suspend or terminate accounts that violate these rules, without refund.

• You retain ownership of all content you upload, import, or generate through the Services, including contact and lead data (“Customer Data”).
• You grant InControl a limited, non-exclusive, worldwide, royalty-free license to host, store, process, and display Customer Data solely as necessary to provide and improve the Services.
• You are responsible for ensuring you have the necessary rights and consents to upload and process Customer Data, including any required consents under applicable privacy laws (e.g., GDPR, CCPA/CPRA, TCPA, CAN-SPAM, CASL).
• You represent that any contact you store in InControl has provided the necessary consent to be contacted in accordance with applicable law.

You are responsible for maintaining records reasonably sufficient to demonstrate the source of your recipient data and your authority to contact each recipient. When you confirm a multi-recipient email send, you represent and warrant that the recipient list complies with these Terms, applicable law, and applicable email-provider policies. InControl’s acceptance or delivery of a message does not constitute approval of your recipient list, content, or compliance practices.

InControl, including its name, logo, software, designs, copy, dashboards, and all related intellectual property, is owned by The Coffey Company and is protected by copyright, trademark, and other intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Services for your internal business purposes during your active subscription. No other rights are granted.

If you provide feedback, suggestions, or ideas about the Services, you grant us a perpetual, irrevocable, royalty-free license to use them without restriction or compensation.

The Services may integrate with or rely on third-party services, including authentication (Clerk), payments (Stripe), hosting providers, email delivery, advertising platforms (Meta, Google), and analytics. Your use of those services is subject to their own terms and privacy policies. We are not responsible for the acts or omissions of third-party providers.

When you use InControl’s managed email features, we send messages through Resend, a third-party email delivery provider and service provider to InControl. You authorize us to share the recipient address, sender details, message content, and delivery metadata with Resend as needed to provide that feature.

You are responsible for your recipient lists, sender identity, message content, and compliance with applicable email, privacy, advertising, and consumer-protection laws. You must honor unsubscribe requests and maintain appropriate suppression records. InControl does not guarantee delivery, inbox placement, open or click tracking accuracy, or the availability of Resend or other third-party services.

Managed email is subject to usage and rate limits, campaign controls, and other safeguards that may change as we protect the service and shared sending reputation.

InControl and its email-delivery providers may monitor sending volume, delivery rates, bounces, spam complaints, suppressions, unsubscribes, engagement patterns, list quality, and other abuse or deliverability signals. We or our providers may establish, change, or apply risk thresholds from time to time. We are not required to publish those thresholds.

If activity exceeds an applicable threshold or otherwise creates legal, security, abuse, deliverability, or reputation risk, we may delay, throttle, block, or cancel messages or campaigns; apply recipient-level suppression; suspend or remove access to managed email; require corrective action or additional verification; or suspend or terminate the account. When reasonably necessary to protect recipients, InControl, our providers, or other customers, we may take these actions without advance notice.

InControl may maintain and enforce recipient-level email suppression records. A hard bounce or spam complaint blocks further email to that recipient through InControl. A general Do Not Email designation blocks marketing and optional transactional email, but may not block narrowly required legal, security, or service-critical notices. A marketing-email opt-out blocks marketing email. An all-optional-email opt-out blocks both marketing and optional transactional email. Customers may not bypass suppression controls or send through another InControl feature for the purpose of avoiding an unsubscribe, complaint, bounce, or Do Not Email restriction.

We may delay, restrict, or suspend managed email, campaigns, or an account in response to abuse, spam complaints, excessive bounces, suspected unlawful activity, or other activity that threatens deliverability or the shared sending reputation. These controls may be applied without advance notice when reasonably necessary to protect recipients, InControl, or other customers.

Our marketing pages and the Services may use cookies, pixels, and conversion tags from advertising networks (including Meta and Google) to measure ad performance and deliver retargeting ads. By using our marketing pages, you acknowledge this use as described in our Privacy Policy.

If you provide a mobile phone number and opt in to receive text messages from InControl, you agree to receive text messages from us about your inquiry, your account, and related updates. Message frequency varies. Message and data rates may apply. Consent to receive text messages is not a condition of any purchase.

You can opt out at any time by replying STOP to any message, and you can reply HELP for help. Your text messaging opt-in data and consent are never shared with or sold to third parties or affiliates for their marketing purposes. Our handling of your information is described in our Privacy Policy.

We may offer features that are labeled “beta,” “preview,” “experimental,” or similar. These features are provided as-is, may be modified or removed, and may not work as expected. Use of beta features is at your own risk.

We work hard to keep the Services available, but we do not guarantee uninterrupted or error-free operation. We may perform scheduled or emergency maintenance, and the Services may be temporarily unavailable. We are not liable for downtime caused by third-party providers, internet outages, or events outside our reasonable control.

• You may stop using the Services and cancel your subscription at any time.
• We may suspend or terminate your account if you violate these Terms, fail to pay fees, or use the Services in a way that creates risk or possible legal exposure.
• Upon termination, your right to use the Services ends immediately. We may retain Customer Data for a reasonable period for backup, audit, and legal compliance purposes, after which it will be deleted in accordance with our Privacy Policy.
• Sections that by their nature should survive termination (including ownership, disclaimers, limitation of liability, indemnification, and dispute resolution) will survive.

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR PRODUCE ANY PARTICULAR RESULT INCLUDING ANY SPECIFIC NUMBER OR QUALITY OF LEADS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COFFEY COMPANY, ITS AFFILIATES, OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST LEADS, LOST DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

You agree to defend, indemnify, and hold harmless The Coffey Company, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, damages, liabilities, losses, costs, or expenses (including reasonable attorneys’ fees) arising out of or related to (a) your use of the Services, (b) your violation of these Terms, (c) your violation of any law or rights of any third party, or (d) Customer Data you upload or process through the Services.

These Terms are governed by the laws of the State of New York, United States, without regard to conflict-of-laws principles. Any dispute arising out of or relating to these Terms or the Services will be resolved exclusively in the state or federal courts located in New York, and the parties consent to personal jurisdiction and venue there. To the extent permitted by law, you and InControl waive any right to a jury trial and to participate in a class action.

We may update these Terms from time to time. The updated version will be posted on this page with a revised “Effective Date.” If changes are material, we will provide reasonable notice (such as via email or in-product notice). Your continued use of the Services after the effective date constitutes your acceptance of the updated Terms.

• Entire agreement: these Terms and our Privacy Policy constitute the entire agreement between you and InControl regarding the Services.
• Severability: if any provision is found unenforceable, the remaining provisions remain in effect.
• No waiver: our failure to enforce any provision is not a waiver of that provision.
• Assignment: you may not assign these Terms without our consent. We may assign them in connection with a merger, acquisition, or sale of assets.
• Force majeure: we are not liable for delays or failures caused by events beyond our reasonable control.

Participation in the InControl affiliate program is also governed by the affiliate program terms shown on our Affiliate Program page before application. Those terms describe attribution, qualification, commissions, payouts, cancellations, refunds, and affiliate tax responsibility. Affiliate commissions are separate from customer subscription refunds and do not change the cancellation or refund rights in Section 5.

Questions about these Terms? Send us a message using the chat widget on this page and we’ll get back to you.