These Terms of Service ("Terms") are a legal agreement between you and Lynbrook Solutions LLC, doing business as Lakewave.ai ("Lakewave," "we," "us," or "our"). They govern your access to and use of the Lakewave website at lakewave.ai (the "Site"), the application at app.lakewave.ai, our APIs, and all related products, features, and services (together, the "Service").
By creating an account, clicking to accept, signing an order form that references these Terms, or using the Service, you agree to these Terms and to the documents they incorporate: the Acceptable Use Policy, the Privacy Policy, and, where applicable, the Data Processing Addendum. If you do not agree, do not use the Service.
If you use the Service on behalf of a company or other organization, "you" and "Customer" mean that organization, and you represent that you have authority to bind it. If you sign an order form with us, the order form and these Terms together form the agreement.
Please read Section 20. It requires individual arbitration of most disputes and waives jury trials and class actions. You may opt out within 30 days of first accepting these Terms.
The Service is for business use only. You must be at least 18 years old and act on behalf of a business or organization to use it. The Service is not intended for consumers and is not directed to children. If we learn that an account belongs to a person under 18, we will close it.
You must provide accurate registration information and keep it current. You are responsible for all activity under your account and for keeping your credentials confidential. You must use any authentication method the Service requires, including multi-factor authentication where offered, and notify us at [email protected] promptly if you suspect unauthorized access.
You may allow Authorized Users to use the Service only within the seat and usage limits of your plan. You are responsible for your Authorized Users' compliance with these Terms. You may not share one seat among several people or resell, sublicense, or provide the Service to any third party.
Lakewave is a B2B sales intelligence platform. Depending on your plan, the Service may include contact and company discovery, email address verification, AI-assisted drafting of outreach emails, scheduled and automated sending through your Connected Accounts, reply detection and routing, public-sector and procurement signal tracking, and related pipeline tools.
We continually improve the Service and may add, change, or remove features. We will give reasonable notice of changes that materially reduce core functionality of a paid plan, unless the change is required by law or by a third-party provider on which the feature depends.
Some features surface information about public-sector organizations, procurement opportunities, bids, and government programs, drawn from public records and agency portals. This information is provided for research and may be incomplete, delayed, or superseded by the agency's own notices. You are responsible for verifying any opportunity with the issuing agency, for confirming your own eligibility, and for complying with all procurement rules that apply to you, including registration requirements, lobbying and gift rules, and restrictions on contacting agency personnel during an active solicitation. Lakewave is not a party to any bid or contract you pursue.
We may label some features as beta, preview, early access, or similar. Beta features are provided as is, may be changed or withdrawn at any time, and are excluded from any service commitments and from the warranties and liability provisions that otherwise apply to the Service. Unless we say otherwise, information about beta features is our Confidential Information.
The Service uses artificial intelligence models, including models operated by third-party providers, to generate email drafts, summaries, rankings, recommendations, and other outputs ("AI Output"). AI Output can be inaccurate, incomplete, out of date, or inappropriate for your purposes, and similar inputs may produce different outputs over time.
You are responsible for reviewing AI Output before you rely on it or send it. This applies equally to workflows that generate and send email with limited or no per-message review, such as automated campaign modes. When you enable such a workflow, you accept responsibility for every message it sends as if you had written and sent it yourself.
AI Output is not professional, legal, financial, or compliance advice. We do not represent that AI Output will produce any particular business result, response rate, or outcome.
Your use of the Service must comply with the Acceptable Use Policy, which is part of these Terms. In summary, you may use the Service only for lawful, legitimate business-to-business outreach. You may not:
We may investigate suspected violations and may throttle, suspend, or terminate accounts as described in Section 16.
Every email sent through the Service is sent by you, from your Connected Account or a sending identity you control, to recipients you chose. Lakewave is a tool you use to prepare and send your messages. You are the sender for all legal purposes, including the CAN-SPAM Act and equivalent laws in other jurisdictions.
When you connect an email account through OAuth or similar authorization, you authorize the Service to send messages you have approved, and to read only the data needed to detect and route replies to those messages, as described in the Privacy Policy. You keep full ownership and control of your account and can revoke access at any time from your provider's security settings or from the Connections page in the Service. Our use of Google user data complies with the Google API Services User Data Policy, including its Limited Use requirements.
To protect your sender reputation and ours, the Service applies daily sending caps, warm-up schedules, spacing between sends, and other deliverability controls. We may adjust these at any time. We do not guarantee that any message will be delivered, land in a primary inbox, or receive a reply. Your email provider may independently limit, delay, or block sending.
Where the Service routes replies through Lakewave-operated addresses or domains, we receive and process those replies solely to deliver them to you and to update your records. Replies are Customer Data once delivered to you, and the Privacy Policy describes how we handle them.
If your sending generates spam complaints, blocklistings, bounces, or provider warnings at a level we consider harmful, we may pause sending on your account, require changes to your lists or content, or suspend or terminate your account. You must cooperate with any resulting investigation.
Fees, plan features, seat counts, and Credit allotments are described on our pricing page or in your Order Form. Fees are stated in U.S. dollars and exclude taxes. You are responsible for all sales, use, VAT, GST, and similar taxes, other than taxes on our income. Payments are processed by our payment provider, and by providing a payment method you authorize us and our provider to charge it for all amounts due.
Metered actions consume Credits at the rates shown in the Service at the time you run them. Rates may vary by action and may change with notice. Credits included in a plan are granted at the start of each billing period, expire at the end of that period, and do not roll over. Credits purchased separately (for example, credit packs) expire as stated at purchase. If an action costs more than your remaining balance, the Service may decline it or run it and reduce your balance to zero, and we may bill any shortfall. Credits have no cash value, are not transferable, and are not refundable except as stated below.
Your subscription renews automatically. Monthly plans renew each month and annual plans renew each year at the then-current price for your plan, and your payment method will be charged at the start of each renewal period, until you cancel. You can cancel at any time in your account settings. Cancellation takes effect at the end of the current billing period, and you keep access until then. We do not provide prorated refunds for unused time or unused Credits.
We may change plan prices or Credit rates. We will give at least 30 days' notice by email before a price increase takes effect on your renewal. If you do not agree, cancel before the renewal date.
Fees are non-refundable except where required by law or expressly stated in an Order Form. If we terminate your account under Section 16 for reasons other than your breach, we will refund any prepaid fees for the remainder of the current term.
If a payment fails or an invoice is overdue, we may suspend your account and pause sending until the balance is paid. Overdue amounts on invoiced plans accrue interest at 1% per month or the highest rate permitted by law, whichever is lower, plus reasonable collection costs.
New accounts may receive a free trial with a limited Credit balance, limited sending, and time or usage limits that we display in the Service. Trials are subject to these Terms and the Acceptable Use Policy. We may change, limit, or end trials at any time, and may decline a trial for any account we reasonably believe is a duplicate, is not a business, or is likely to violate these Terms. When a trial ends, you must select a paid plan to continue, and we may delete trial data after a reasonable period.
You own Customer Data. You grant Lakewave a non-exclusive, worldwide license to host, process, transmit, and display Customer Data as needed to provide, secure, support, and improve the Service, and to comply with law. You are responsible for the accuracy and legality of Customer Data and for having the rights and consents needed for us to process it as described. You can export your contact lists, campaigns, and emails from the Service or by request while your account is active.
Lakewave owns Platform Data. Your plan gives you a limited, non-exclusive, non-transferable license to access and use the Platform Data made available to you, during your subscription, for your own internal B2B sales and marketing. You may keep records of Prospects you actually contacted after your subscription ends, subject to your own legal obligations to those Prospects.
The Service improves as it is used. Results such as which email pattern a company uses, whether an address is deliverable, and which sources are reliable are stored as Platform Data and may benefit other customers. This sharing is limited to derived results: we do not expose one customer's uploaded lists, seller profiles, campaigns, message content, or which Prospects that customer targeted to any other customer. You grant us the right to create and use such derived and aggregated data, and to use de-identified usage data to operate and improve the Service.
Our Privacy Policy explains how we collect and use personal information, including information about Prospects. It is incorporated into these Terms.
For personal data in Customer Data that is subject to the GDPR, UK GDPR, or similar laws, you are the controller and Lakewave is your processor, and our Data Processing Addendum applies. For Platform Data about Prospects that Lakewave assembles from public and third-party sources, Lakewave acts as an independent controller. Each party is responsible for its own compliance with data protection law in its role.
You represent that you have provided any notices and obtained any consents required for us to process Customer Data as described in these Terms and the Privacy Policy, and that your use of Prospect data obtained through the Service complies with the laws of every jurisdiction in which you or your recipients are located.
The Service, including its software, models, prompts, designs, documentation, Platform Data, trademarks, and all related intellectual property, is owned by Lynbrook Solutions LLC or its licensors. Except for the limited rights expressly granted in these Terms, no rights are granted to you, and all rights are reserved. You may not copy, modify, distribute, sell, lease, or create derivative works from any part of the Service, or remove any proprietary notices.
You own the email content you write or approve and the lists you build, as Customer Data. As between you and Lakewave, you may use AI Output that the Service generates for you as part of your Customer Data, subject to these Terms and to the terms of the model providers we use.
If you give us suggestions, ideas, or other feedback about the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use it for any purpose without obligation to you.
"Confidential Information" means non-public information that one party discloses to the other in connection with the Service and that is marked confidential or would reasonably be understood to be confidential, including non-public pricing, roadmaps, beta features, and security information on our side, and Customer Data on your side. The receiving party will use Confidential Information only to perform under these Terms, protect it with at least reasonable care, and disclose it only to personnel and advisors who need it and are bound by similar obligations. These obligations do not apply to information that is public through no fault of the receiving party, was already known to it, was independently developed, or was rightfully received from a third party. A party may disclose Confidential Information when required by law, after giving the other party notice where legally permitted.
The Service depends on third-party providers, including email providers, AI model providers, search and data providers, payment processors, and hosting providers. Your use of a third-party service through Lakewave, such as connecting a Gmail account, is also governed by that provider's terms. We are not responsible for third-party services, for changes they make, or for their availability. The Site and Service may link to third-party websites that we do not control, and we are not responsible for their content or practices.
We maintain administrative, technical, and physical safeguards designed to protect Customer Data, including encryption in transit, access controls, monitoring, and regular backups. We will notify you without undue delay if we confirm a security incident that affects your Customer Data, and will provide information reasonably needed for you to meet your own notification obligations. You are responsible for securing your credentials, your Connected Accounts, your devices, and your own systems.
You may cancel your subscription at any time as described in Section 8, and may close your account from your settings or by contacting us.
We may suspend or terminate your access if you materially breach these Terms and do not cure the breach within 15 days after we notify you. We may suspend or terminate immediately, without prior notice, if we reasonably believe that your use violates the law or the Acceptable Use Policy, threatens the security, integrity, or reputation of the Service or our sending infrastructure, exposes us or other customers to liability, or if a payment is more than 15 days overdue. We may also terminate for convenience with at least 30 days' notice, in which case we will refund prepaid fees for the unused portion of your term.
On termination, your right to use the Service ends. For 30 days after termination (except termination for your breach), you may request an export of your Customer Data. After that period we may delete your Customer Data, subject to our backup and retention practices and legal obligations. Sections that by their nature should survive, including Sections 8 (amounts owed), 10, 12, 13, 17, 18, 19, 20, 21, and 23, survive termination.
THE SERVICE, THE SITE, PLATFORM DATA, AND AI OUTPUT ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, LAKEWAVE AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND UNINTERRUPTED OR ERROR-FREE OPERATION. WITHOUT LIMITING THIS, WE DO NOT WARRANT THAT ANY CONTACT INFORMATION, EMAIL ADDRESS, COMPANY RECORD, VERIFICATION RESULT, OR PROCUREMENT SIGNAL IS ACCURATE, CURRENT, OR DELIVERABLE, THAT ANY MESSAGE WILL BE DELIVERED OR ANSWERED, OR THAT AI OUTPUT WILL BE SUITABLE FOR ANY PURPOSE. YOU USE THE SERVICE AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY EXCLUSIONS, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT PERMITTED BY LAW, LAKEWAVE, LYNBROOK SOLUTIONS LLC, AND THEIR MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS, SUPPLIERS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, DATA, OR SENDER REPUTATION, OR FOR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED U.S. DOLLARS ($100), WHICHEVER IS GREATER.
These limitations apply to the fullest extent the law allows. They do not limit liability that cannot be limited under applicable law, such as liability for fraud, willful misconduct, or gross negligence where such limits are not enforceable. They reflect the allocation of risk on which these Terms are based, and the fees would be higher without them.
You will defend, indemnify, and hold harmless Lynbrook Solutions LLC, Lakewave, and their members, managers, officers, employees, contractors, agents, suppliers, and licensors from and against all claims, demands, suits, proceedings, losses, damages, liabilities, penalties, fines, settlements, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:
We will give you prompt notice of any claim for which we seek indemnity, reasonable cooperation at your expense, and control of the defense and settlement, except that you may not settle any claim in a way that admits fault by, or imposes obligations on, Lakewave without our written consent. We may participate with our own counsel at our own expense.
Before starting arbitration or a court action, the party raising a dispute must send the other a written notice describing the claim, the facts, and the relief sought. Notices to us go to [email protected] with the subject "Notice of Dispute." Notices to you go to the email address on your account. The parties will then make a good-faith effort to resolve the dispute, including at least one conference by phone or video within 60 days of the notice. Any limitation period is tolled during this process.
If the dispute is not resolved informally, any claim arising out of or relating to these Terms or the Service, including claims about emails sent through the Service, data, privacy, billing, and the validity or scope of this Section, will be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules (or Consumer Arbitration Rules if they apply), rather than in court. The Federal Arbitration Act governs this Section. The arbitrator may award the same individual relief a court could, and the award may be entered in any court with jurisdiction. Hearings, if any, will take place in the county where you are located or in Santa Clara County, California, at your choice, or by video.
Either party may bring an individual claim in small claims court if it qualifies. Either party may seek injunctive or other equitable relief in court to protect its intellectual property, Confidential Information, or the security of the Service.
YOU AND LAKEWAVE EACH AGREE THAT CLAIMS MAY BE BROUGHT ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING, AND EACH WAIVES ANY RIGHT TO A JURY TRIAL. If this waiver is found unenforceable for a particular claim, that claim will proceed in court under Section 21, and the remainder of this Section still applies to all other claims.
You may opt out of this arbitration agreement by emailing [email protected] from your account email with the subject "Arbitration Opt-Out" within 30 days after you first accept these Terms. Opting out does not affect any other part of these Terms.
Any claim must be filed within one year after it accrues, or it is permanently barred, unless applicable law does not allow this limitation.
These Terms are governed by the laws of the State of California and applicable U.S. federal law, without regard to conflict-of-law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply. For any claim not subject to arbitration, the state and federal courts located in Santa Clara County, California have exclusive jurisdiction, and each party consents to personal jurisdiction there.
You may not use the Service in violation of U.S. export control or sanctions laws, including regulations administered by the Office of Foreign Assets Control and the Export Administration Regulations. You represent that you are not located in, and are not a national or resident of, a country or region subject to comprehensive U.S. sanctions, and that you are not on any U.S. government restricted-party list.
We may update these Terms. The current version is always at lakewave.ai/terms with its effective date, and previous versions are linked below. For material changes we will notify you by email or in the Service at least 14 days before they take effect, except that changes required by law or that reduce our obligations to you in no respect may take effect immediately. If you continue to use the Service after a change takes effect, you accept it. If you do not agree, cancel before the effective date. Changes do not apply retroactively to disputes that arose before the effective date.
Lynbrook Solutions LLC, doing business as Lakewave.ai
Attn: Legal
117 Bernal Road #70
San Jose, CA 95119
[email protected]
Security reports: [email protected]
Privacy requests, including requests to be removed from Prospect data: [email protected]
Email abuse reports: [email protected]