Terms of Service

Last updated: August 24, 2026

These Terms of Service (“Terms”) govern your access to linkedberry.com and any managed prospecting, outreach, lead-enrichment, lead-nurture, campaign-management, or related services provided by LinkedBerry (collectively, the “Services”). By using the website or ordering Services, you agree to these Terms.

If you use the Services for an organization, you represent that you are authorized to bind that organization. In these Terms, “you” and “Client” refer to that organization and its authorized users.

1. Service agreements and order of precedence

The website describes our general service offering. A paid engagement begins only when LinkedBerry and the Client accept a proposal, statement of work, order form, or other written services agreement (an “Order”). Each Order should define scope, deliverables, campaign channels, fees, term, responsibilities, and any special conditions.

If an Order conflicts with these Terms, the Order controls for that engagement. A signed data processing agreement controls over both documents for issues concerning the processing of personal data.

2. Eligibility and business use

You must be legally capable of entering into a binding agreement and use the Services only for lawful business purposes. The Services are designed for B2B outreach and are not intended for consumer campaigns, children’s audiences, or campaigns involving sensitive personal information unless expressly agreed after appropriate legal and risk review.

3. Client responsibilities

The Client must:

  • provide accurate, complete, and timely information, approvals, targeting criteria, offers, claims, suppression lists, and campaign instructions;
  • ensure it has all rights, permissions, notices, and lawful bases necessary for information, accounts, content, and instructions supplied to LinkedBerry;
  • comply with applicable privacy, data-protection, direct-marketing, anti-spam, consumer-protection, employment, and communications laws;
  • comply with the rules, acceptable-use policies, and account restrictions of LinkedIn, email, WhatsApp, CRM, and other relevant platforms;
  • maintain the security of its accounts and credentials, promptly revoke unnecessary access, and tell us about suspected compromise;
  • promptly review campaign materials and prospect replies, and avoid making false, misleading, discriminatory, infringing, or unlawful claims; and
  • honor opt-outs, objections, suppression requirements, and other data-subject or consumer rights communicated to it.

The Client is responsible for its products, services, claims, sales conduct, contracts with prospects, and decisions made from campaign results.

4. Acceptable use

You must not use the website or Services to:

  • violate law, regulation, court order, sanctions, or another person’s rights;
  • send unlawful, deceptive, harassing, discriminatory, or abusive communications;
  • target children, exploit vulnerable people, or process sensitive categories without prior written approval and a documented lawful basis;
  • impersonate another person or misrepresent identity, affiliation, product, pricing, or intent;
  • upload malware, interfere with service operation, bypass controls, probe vulnerabilities without authorization, or gain unauthorized access;
  • scrape, enrich, or use information contrary to applicable law, a platform’s rules, or contractual restrictions;
  • resell, sublicense, reverse engineer, or commercially exploit the Services or website materials except as expressly agreed; or
  • use generated leads or contact data for purposes incompatible with the agreed campaign.

LinkedBerry may reject content, suspend activity, or terminate an engagement if we reasonably believe it creates legal, security, reputational, platform, or recipient-harm risk. We may take urgent action without advance notice where reasonably necessary to prevent harm.

5. Campaign operation and approvals

The Client authorizes LinkedBerry to perform the agreed campaign activities and to use approved accounts, integrations, content, targeting criteria, and contact data for that purpose. The Client remains responsible for final approval of material campaign claims and regulated communications.

LinkedBerry may adjust timing, sequence, copy, qualification logic, or operational details within the agreed scope to improve relevance, safety, and performance. Material scope changes require mutual agreement and may affect fees or timing.

6. No guaranteed outcomes

Prospecting and sales outcomes depend on factors outside LinkedBerry’s control, including offer quality, audience demand, market conditions, platform availability, account history, deliverability, campaign approvals, prospect behavior, and the Client’s sales follow-up.

Accordingly, unless an Order expressly states otherwise, LinkedBerry does not guarantee any specific number of connections, replies, leads, meetings, conversions, revenue, or other commercial result. Estimates, examples, case studies, and forecasts are illustrative and not warranties.

7. Platform and third-party services

The Services may depend on third-party platforms, data providers, messaging services, CRMs, hosting providers, and integrations. Those providers operate under their own terms and may change access, functionality, pricing, policies, rate limits, or availability.

LinkedBerry does not control and is not responsible for third-party outages, suspensions, account restrictions, data inaccuracies, policy changes, or independent acts. We will use reasonable efforts to adapt an affected campaign, but third-party disruption does not by itself create liability for results or losses outside our reasonable control.

LinkedBerry is not affiliated with, endorsed by, or sponsored by LinkedIn Corporation or Microsoft Corporation. “LinkedIn” and other third-party marks belong to their respective owners.

8. Fees, taxes, and payment

Fees, billing dates, payment methods, and any minimum term are stated in the applicable Order. Unless the Order says otherwise:

  • fees are exclusive of applicable taxes, which the Client must pay other than taxes on LinkedBerry’s income;
  • invoices are due by the date shown on the invoice;
  • the Client must raise a good-faith billing dispute promptly and pay undisputed amounts on time; and
  • LinkedBerry may pause Services for overdue undisputed amounts after reasonable notice.

Fees already earned and committed third-party costs are non-refundable except where the Order or applicable law states otherwise.

9. Confidentiality

Each party may receive non-public business, technical, campaign, pricing, customer, or security information from the other (“Confidential Information”). The receiving party will use it only to perform or receive the Services, protect it with reasonable care, and disclose it only to personnel and providers who need it and are bound by confidentiality duties.

Confidential Information does not include information that the receiving party can demonstrate was lawfully known without restriction, independently developed, publicly available through no breach, or lawfully obtained from a third party. A party may disclose information when legally required after giving notice where permitted.

10. Data protection

Each party will comply with applicable privacy and data-protection law for personal data it handles. LinkedBerry’s Privacy Policy explains how we process information for our own purposes.

Where LinkedBerry processes personal data on the Client’s behalf, the parties will enter into an appropriate data processing agreement where required. The Client is responsible for determining and documenting the purpose and lawful basis for a campaign, providing required notices, evaluating direct-marketing rules, and ensuring its instructions are lawful. LinkedBerry will process such data only for the agreed Services and documented instructions, subject to legal obligations.

Each party will provide reasonable assistance needed to respond to relevant privacy requests and incidents. Neither party may instruct the other to conceal the source of data or disregard a valid objection, opt-out, deletion request, or suppression requirement.

11. Intellectual property

LinkedBerry and its licensors retain all rights in the website, software, methods, templates, know-how, branding, designs, and pre-existing materials. Subject to payment of applicable fees, the Client receives a non-exclusive right to use campaign deliverables created specifically for it for its internal business purposes.

The Client retains rights in materials, trademarks, data, and instructions it provides. The Client grants LinkedBerry a limited license to use them only to provide, secure, and improve the agreed Services. Feedback may be used without restriction provided it does not identify the Client or disclose Confidential Information.

12. Suspension and termination

Either party may terminate as stated in the applicable Order. If the Order is silent, either party may terminate an ongoing monthly engagement by written notice effective at the end of the current paid billing period.

Either party may terminate for a material breach that remains uncured for 14 days after written notice, unless the breach cannot reasonably be cured. LinkedBerry may suspend or terminate immediately for unlawful use, serious security risk, platform abuse, non-payment after notice, or conduct likely to harm recipients or third parties.

On termination, the Client must pay fees accrued through the effective date. Each party will return or delete the other’s Confidential Information and personal data as required by the Order, data processing agreement, retention obligations, and applicable law. Provisions intended by their nature to survive—including payment, confidentiality, intellectual property, disclaimers, liability limitations, and dispute terms—will survive.

13. Disclaimers

The website is provided for general information. Except for express commitments in an Order, the Services are provided “as is” and “as available.” To the maximum extent permitted by law, LinkedBerry disclaims implied warranties of merchantability, fitness for a particular purpose, non-infringement, uninterrupted availability, and error-free operation.

LinkedBerry does not provide legal advice. Guidance about outreach practices, privacy, platform policies, or compliance is operational information only. The Client should obtain qualified legal advice for its specific campaigns, jurisdictions, and regulated activities.

Nothing in these Terms excludes warranties or rights that cannot legally be excluded.

14. Indemnity

To the extent permitted by law, the Client will defend and indemnify LinkedBerry against third-party claims, damages, penalties, and reasonable costs arising from the Client’s unlawful instructions, materials, offers, claims, account use, or breach of Sections 3 or 4. This obligation does not apply to the extent a claim was caused by LinkedBerry’s breach, negligence, or willful misconduct.

LinkedBerry will promptly notify the Client of a covered claim and provide reasonable cooperation. The Client may not settle a claim in a way that admits fault by or imposes non-monetary obligations on LinkedBerry without written consent.

15. Limitation of liability

To the maximum extent permitted by law:

  • neither party is liable for indirect, incidental, special, exemplary, punitive, or consequential damages, or for lost profits, revenue, goodwill, business opportunity, or anticipated savings;
  • LinkedBerry is not liable for losses caused by third-party platforms, inaccurate Client-supplied information, unauthorized account use, or the Client’s failure to follow up with prospects; and
  • LinkedBerry’s aggregate liability arising from an engagement will not exceed the fees paid or payable to LinkedBerry under the affected Order during the three months before the event giving rise to the claim.

These limits do not apply to fraud, willful misconduct, death or personal injury caused by negligence, infringement or misuse of the other party’s intellectual property, breach of confidentiality, payment obligations, or liability that cannot lawfully be limited. Some jurisdictions do not permit certain exclusions, so they apply only to the extent lawful.

16. Changes

We may update these Terms to reflect changes in the Services, law, or risk controls. The revised Terms will be posted here with a new effective date. Material changes will apply prospectively, and we will provide additional notice where legally required. Changes to an active Order require agreement if they materially reduce committed Services or alter agreed fees during its fixed term.

17. General terms

Neither party is liable for delay caused by events beyond its reasonable control, except for payment obligations. The Client may not assign an Order without LinkedBerry’s written consent; LinkedBerry may assign it in connection with a merger, reorganization, or sale of substantially all relevant assets. The parties are independent contractors, and these Terms create no partnership, agency, employment, franchise, or fiduciary relationship.

If any provision is unenforceable, it will be modified only as necessary and the remaining provisions will continue. A failure to enforce a provision is not a waiver. These Terms and the applicable Order are the entire agreement concerning the Services and supersede prior discussions about their subject matter. Electronic notices and signatures may be used where lawful.

18. Governing law and disputes

The governing law, courts, and any dispute-resolution process for paid Services will be specified in the applicable Order. For website use where no Order applies, mandatory consumer or data-protection rights in your place of residence are not affected. Before starting formal proceedings, the parties should make a good-faith attempt to resolve the dispute through written notice and discussion.

19. Contact

Questions or legal notices concerning these Terms may be sent to:

LinkedBerry

Contact: use our contact form

These Terms are a general operational draft and do not replace jurisdiction-specific legal advice. LinkedBerry should have qualified counsel confirm its legal entity name, address, governing law, liability cap, and any mandatory local disclosures before relying on them for paid engagements.