Terms of Service

These Terms of Service ("Terms") are a binding agreement between NORTH 28 STUDIO LLC ("NORTH 28," "Mencey," "we," "us," or "our") and the person or entity that accesses or uses the Services ("Customer" or "you"). The "Services" include mencey.co, the Mencey platform, related applications, documentation, support, and features we provide.

By accessing or using the Services, creating an account, accepting an order, or clicking to accept these Terms, you agree to them. If you use the Services for an organization, you represent that you have authority to bind it. You must be at least 18 and legally capable of entering this agreement. If you do not agree, do not use the Services.

An order form, online checkout, statement of work, data processing addendum, or other signed agreement may add to these Terms. If there is a conflict, the signed or accepted order-specific document controls for its subject matter.

Mencey provides multi-tenant business intelligence and execution tools that may include company discovery, relationship data, CRM, outreach, inbox and calendar tools, workflows, projects, documents, e-signatures, invoicing, AI-assisted features, white-label options, and integrations. Features may vary by plan, workspace, region, configuration, or release stage. Documentation describes current intended operation but is not a warranty.

Each workspace is logically scoped to its organization. Customer is responsible for its workspace settings, members, roles, custom branding, connected services, public links, and all activity conducted through its accounts.

You must provide accurate registration information, keep it current, protect credentials, use reasonable security practices, and promptly notify us of suspected unauthorized access. Workspace owners and administrators may add or remove users, change permissions, access or export Customer Content, and control the workspace. Customer is responsible for determining who may act as an administrator and for all authorized-user activity.

As between the parties, Customer retains its rights in Customer Content. Customer grants NORTH 28 a worldwide, non-exclusive, limited license to host, copy, process, transmit, display, and modify Customer Content only as needed to provide, secure, support, and improve the Services, comply with law, and follow Customer's documented instructions.

Customer represents that it has all rights, notices, permissions, consents, and lawful bases needed for Customer Content and its use through the Services. Customer is responsible for the accuracy, quality, legality, and backup of Customer Content; communications sent through the Services; and instructions given to Mencey or connected providers.

You will not, and will not permit others to:

• use the Services unlawfully, fraudulently, deceptively, or to infringe another's rights;
• upload malware, disrupt the Services, evade limits, or probe systems without permission;
• attempt to access another customer, workspace, account, credential, or non-public system;
• reverse engineer or copy the Services except where applicable law expressly permits it;
• use the Services to send spam, unlawful marketing, abusive content, or prohibited calls or texts;
• process sensitive data unless your plan, agreement, and law expressly permit it;
• create, receive, maintain, or transmit protected health information (PHI) unless we have expressly approved the use in writing and entered into any required business associate agreement;
• use outputs to discriminate unlawfully or make prohibited high-impact decisions; or
• resell, sublicense, or provide the Services to third parties unless we authorize it in writing.

We may investigate suspected violations and remove content or restrict access when reasonably necessary to protect users, third parties, or the Services.

Company intelligence may be compiled from public filings, public websites, third-party sources, and Customer inputs. It may be incomplete, delayed, duplicated, or inaccurate. Customer must independently verify information before relying on it.

Mencey is not a consumer reporting agency, and the Services are not consumer reports under the U.S. Fair Credit Reporting Act. You may not use the Services to determine eligibility for employment, credit, insurance, housing, government benefits, or another purpose governed by consumer-reporting law.

Customer is solely responsible for complying with laws governing email, telemarketing, privacy, data protection, advertising, and recording, including obtaining consent where required and honoring opt-outs, suppression lists, and do-not-contact requests.

AI features may generate summaries, suggestions, analyses, content, or actions from your inputs. Outputs can be inaccurate, incomplete, biased, or unsuitable. They are not legal, financial, employment, medical, or other professional advice. You are responsible for human review, testing, and decisions made from outputs, and you must not represent machine-generated content as verified fact without appropriate review.

Inputs and outputs may be processed by the AI provider selected for the feature or configured through your own key. Provider-specific terms may apply. You must not submit content you lack the right to process or use AI features in a way prohibited by law or provider policy.

The Services may interoperate with third-party products, public registries, payment providers, email services, AI providers, or customer-configured integrations. Your use of a third-party service is governed by its own terms and privacy practices. We do not control and are not responsible for third-party services, data, availability, changes, or acts. Enabling an integration authorizes us to exchange information with that provider as needed to operate it.

Paid plans, usage limits, billing periods, and fees are shown at checkout or in an order. Unless an order says otherwise, subscriptions renew automatically for successive periods until canceled before renewal, fees are charged in advance and are non-refundable except as required by law, and usage-based fees may be charged in arrears. You authorize our payment provider to charge the payment method on file.

We may change fees for a future renewal period with reasonable advance notice. Fees exclude taxes, and Customer is responsible for applicable sales, use, value-added, withholding, or similar taxes other than taxes on our net income. Overdue amounts may result in suspension and may accrue the lesser of 1.5% per month or the maximum lawful rate.

NORTH 28 and its licensors own the Services, software, designs, documentation, models, workflows, and all related intellectual property, excluding Customer Content. Subject to these Terms and payment of applicable fees, we grant Customer a limited, non-exclusive, non-transferable, revocable right to use the Services during the subscription term for its internal business purposes.

If you provide feedback, you grant us a perpetual, irrevocable, worldwide, royalty-free right to use it without restriction or obligation. We may use aggregated or de-identified service data to operate, analyze, and improve the Services where it cannot reasonably identify Customer or an individual.

Each party may receive non-public information that should reasonably be understood as confidential. The receiving party will use it only to perform or exercise rights under the agreement and protect it with reasonable care. This obligation does not apply to information independently developed, rightfully received without restriction, publicly available through no breach, or approved for release. A party may disclose information when legally required if, where permitted, it provides notice and reasonable assistance.

Our Privacy Policy explains how we handle personal information as a controller. When we process Customer Content on Customer's behalf, each party will comply with applicable data-protection law and any executed data processing addendum. Customer must use appropriate permissions, configurations, and safeguards for its use of the Services.

Either party may terminate for an uncured material breach after 30 days' written notice, or immediately if the breach cannot be cured, the other party becomes insolvent, or law requires termination. Customer may cancel a subscription through available account controls or the method stated in its order; cancellation normally takes effect at the end of the paid term.

We may suspend access immediately when reasonably necessary to prevent a security threat, unlawful conduct, material harm, or nonpayment. Where practicable, we will give notice and limit the suspension. After termination, Customer's right to use the Services ends. We may delete Customer Content after a reasonable export period, subject to contract and law. Provisions that by nature should survive will survive, including payment, ownership, confidentiality, disclaimers, liability limits, indemnity, and dispute terms.

We may modify, discontinue, or add features and may update these Terms. We will post updated Terms with a revised date and provide additional notice of material changes when required. Changes apply prospectively. If you do not agree to a material change, you must stop using the Services and may cancel before it takes effect. Continued use after the effective date means acceptance of the updated Terms.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES, DATA, OUTPUTS, BETA FEATURES, AND THIRD-PARTY CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE." NORTH 28 DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND QUIET ENJOYMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT DATA OR OUTPUTS WILL BE COMPLETE OR ACCURATE. CUSTOMER IS RESPONSIBLE FOR ITS USE, DECISIONS, COMMUNICATIONS, AND BACKUPS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, OR DATA, EVEN IF ADVISED OF THE POSSIBILITY. EXCEPT FOR CUSTOMER'S PAYMENT OBLIGATIONS, BREACH OF ACCEPTABLE USE, INFRINGEMENT OR MISAPPROPRIATION OF THE OTHER PARTY'S INTELLECTUAL PROPERTY, OR INDEMNITY OBLIGATIONS, EACH PARTY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE SERVICES WILL NOT EXCEED THE AMOUNTS CUSTOMER PAID OR PAYABLE TO NORTH 28 FOR THE SERVICES DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY.

Some jurisdictions do not allow certain exclusions or limits, so portions of this section may not apply. The limitations allocate risk between the parties and are an essential basis of the bargain.

Customer will defend, indemnify, and hold harmless NORTH 28 and its personnel from third-party claims, damages, losses, and reasonable legal fees arising from Customer Content; Customer's or its users' violation of law, these Terms, or third-party rights; or Customer's communications, campaigns, products, or services. We will provide prompt notice and reasonable cooperation, and Customer may control the defense and settlement, provided no settlement admits fault by or imposes non-monetary obligations on NORTH 28 without our consent.

These Terms are governed by the laws of the State of Connecticut, without regard to conflicts rules. Before filing a formal claim, each party will give written notice and try in good faith for 30 days to resolve the dispute.

Except for eligible small-claims matters or requests for injunctive relief involving security, confidentiality, or intellectual property, any dispute will be resolved by binding, individual arbitration administered by the American Arbitration Association under its applicable Commercial Arbitration Rules. The arbitration will take place in New Haven County, Connecticut, or remotely by agreement, in English, before one arbitrator. EACH PARTY WAIVES A JURY TRIAL AND PARTICIPATION IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. Either party may opt out of this arbitration agreement by sending written notice to the address in Section 20 within 30 days of first accepting these Terms.

Neither party may assign this agreement without the other's consent, except to an affiliate or in connection with a merger, reorganization, or sale of substantially all relevant assets, provided the assignee assumes the obligations. Customer may not assign to a competitor of NORTH 28 without our consent. Neither party is liable for delay caused by events beyond reasonable control. The parties are independent contractors; these Terms create no partnership, agency, fiduciary, or employment relationship.

Notices may be delivered electronically, through the Services, or to the contact information on file. These Terms and incorporated agreements are the entire agreement on their subject matter. Failure to enforce a provision is not a waiver. If a provision is unenforceable, it will be modified to the minimum extent necessary and the remainder will continue. Headings are for convenience only. "Including" means "including without limitation."

Legal notices and questions about these Terms may be sent to: