OXYGENOXYGEN

Terms of Service

Last Updated: June 1, 2026

1. Scope & Acceptance

These Terms govern access to and use of the OXYGEN website, platform, hosted MCP server, CLI/API surfaces, workflows, integrations, done-for-you services, and related services (collectively, the “Service”). The Service is provided by OXYGEN GTM Inc., a Delaware corporation. Legal notice and business correspondence address: 2810 N Church St STE 88810, Wilmington, DE 19802, United States.

By clicking “I agree”, creating an account, signing an order form or statement of work, or using the Service, you accept these Terms on behalf of your organization. The Privacy Policy, Data Processing Agreement, Acceptable Use Policy, Outbound Compliance Policy, Done-for-You Services Terms, Subprocessor page, and any applicable order form or statement of work are incorporated by reference.

Business use only: The Service is only for business customers. You represent that you are at least 18 years old and authorized to bind your organization.

Nature of the Service: OXYGEN is a customer-directed GTM engineering workspace. It helps you build tables, enrich data, generate content, run workflows, connect third-party accounts, and approve or execute GTM actions through software, CLI/MCP tools, and optional operational assistance. OXYGEN does not own, operate, or control third-party platforms, sender domains, mailboxes, CRMs, social networks, or enrichment providers.

2. Customer Role

You are the principal, sender, advertiser, campaign owner, and controller of your outbound activity. This remains true whether activity is initiated manually, through an AI assistant, through the OXYGEN CLI/MCP/API, through a scheduled workflow, or through a done-for-you service performed by OXYGEN personnel or contractors under your instructions.

You are solely responsible for deciding whether each recipient, jurisdiction, data source, message, offer, sender identity, connected account, and campaign can lawfully be used. OXYGEN may provide tooling, checks, logs, warnings, and operational assistance, but OXYGEN does not provide legal advice and does not determine your lawful basis, consent status, advertising compliance, or platform-policy compliance.

3. Subscriptions & Payment

The Service is offered on a subscription, usage, credit, or order-form basis. Fees, tiers, credits, limits, and included services are as described at checkout, in the pricing page, or in the applicable order form or statement of work.

Payments are handled by Stripe or another payment service provider. Fees are exclusive of taxes unless stated otherwise. You are responsible for taxes, payment-method accuracy, and any third-party platform, provider, mailbox, domain, or campaign costs not expressly included in your order.

Fees are non-refundable except where required by law or expressly stated in an order form. No refund is owed for account bans, deliverability problems, platform changes, provider outages, compliance holds, or campaigns blocked under the Acceptable Use Policy or Outbound Compliance Policy.

4. Accounts & Credentials

You must provide accurate account information and safeguard all OXYGEN credentials, API tokens, connected-account credentials, OAuth grants, mailbox credentials, and provider keys. You are responsible for all activity under your account and organization.

By connecting a third-party account or authorizing us to operate one for you, you represent that you have the right to do so, that the connection complies with the third-party platform's terms, and that the account may be used for the configured workflow or campaign.

Credentials are encrypted at rest and transmitted over TLS. You are responsible for revoking credentials, rotating keys, and limiting scopes if you suspect misuse.

5. AI, Workflows & External Actions

The Service may generate copy, summaries, classifications, scores, research, workflows, and other outputs using AI models. You are responsible for reviewing outputs before relying on them or sending them externally. OXYGEN does not warrant that AI-generated content is accurate, appropriate, non-infringing, non-deceptive, or legally compliant.

External actions include email sends, sequence enrollment, CRM writes, LinkedIn or other social actions, webhook-triggered mutations, provider purchases, and any other action that affects third-party systems or recipients. External actions require a customer instruction or approval unless your order or workspace settings grant a specific scoped standing permission.

You accept all risk arising from autonomous workflows, external AI assistants, team members, contractors, or agents operating through your OXYGEN organization.

6. Outbound Communications & Compliance

The Service can facilitate cold email, warm email, LinkedIn messages, direct messages, phone research, enrichment, CRM sync, and related outbound operations. You are solely responsible for compliance with anti-spam, privacy, advertising, unfair-competition, telemarketing, platform, and sender-reputation rules that apply to your campaigns.

You are responsible for, and warrant that you have lawful support for:

  • each contact source, recipient list, lead record, mailbox, and sender domain;
  • recipient jurisdiction, recipient type, lawful basis, consent, or soft opt-in;
  • message content, offer claims, personalization, subject lines, and sender identity;
  • unsubscribe, refusal, opt-out, suppression, bounce, and complaint handling;
  • DNS, SPF, DKIM, DMARC, mailbox warmup, deliverability, and sender reputation;
  • row scope, spend caps, credit caps, approvals, and live-run authorization.

OXYGEN may require compliance preflight fields, proof of consent or legal basis, approval gates, dry-run previews, suppression uploads, jurisdiction blocks, or manual review before allowing live outbound. For China, live cold outbound is blocked unless you provide documented recipient consent or request evidence accepted by OXYGEN for that campaign. For EU/EEA/UK recipients, live outbound requires documented consent, applicable existing-customer soft opt-in, or another counsel-approved basis for the specific jurisdiction and recipient type.

More detail is in the Outbound Compliance Policy. If there is a conflict, the stricter obligation applies.

7. Done-for-You Services

Done-for-you services are customer-directed operational assistance. OXYGEN may help with list building, enrichment, campaign setup, copy drafts, sequencing, mailbox or provider coordination, monitoring, and reporting. You remain the sender, advertiser, controller, campaign owner, and approver of all campaign decisions and external actions.

Before any live done-for-you outbound campaign, you must approve the campaign scope, recipient criteria, jurisdictions, contact sources, legal basis, message content, sender identity, unsubscribe process, suppression process, spend/credit cap, and go-live instruction. OXYGEN is not responsible for unlawful lists, inaccurate customer instructions, unapproved customer claims, or customer-approved sends, except to the extent caused by OXYGEN's own breach of these Terms or mandatory law.

Additional terms for operational services are in the Done-for-You Services Terms.

8. Third-Party Platforms & Data Providers

OXYGEN integrates with third-party platforms and providers, including CRMs, email providers, social networks, enrichment providers, AI model providers, hosting providers, identity providers, and payment processors. Each third party is independent and may have its own terms, policies, pricing, limits, outages, and enforcement actions.

You must independently comply with third-party terms. OXYGEN is not liable for account restrictions, bans, API changes, data loss, provider inaccuracies, enrichment-data legality, provider outages, sender-reputation harm, or platform enforcement decisions except to the extent caused by OXYGEN's own breach of these Terms or mandatory law.

9. Prohibited Uses

You must not use the Service to:

  • send unlawful unsolicited messages or evade anti-spam, privacy, or platform rules;
  • hide or falsify sender identity, headers, routing, domains, or commercial purpose;
  • ignore unsubscribe, refusal, suppression, bounce, or complaint signals;
  • use purchased, scraped, or enriched contact data without required rights or basis;
  • harass, threaten, deceive, discriminate, impersonate, or transmit illegal content;
  • circumvent rate limits, security controls, provider restrictions, or account blocks;
  • target sensitive, regulated, or high-risk categories without written approval.

OXYGEN may throttle, pause, require review, suspend, or terminate access for actual or suspected violations. No refund is owed for enforcement actions.

10. Data Processing

For website, account, billing, security, support, and service-administration data, OXYGEN is an independent controller. For customer-submitted lead, contact, campaign, workspace, and integration data processed to provide the Service, Customer is the controller and OXYGEN acts as processor or service provider under the Data Processing Agreement.

You instruct OXYGEN to process customer data only as needed to provide the Service, follow your documented instructions, secure the Service, maintain logs, support observability, comply with law, and enforce these Terms.

11. Your Data & OXYGEN IP

You retain ownership of your customer data, campaign content, contacts, tables, workflows, and configurations. You grant OXYGEN a limited license to process that data to provide, secure, support, and improve the Service.

OXYGEN and its licensors retain all rights in the Service, software, workflows, templates, MCP server, CLI/API surfaces, UI, documentation, and underlying technology. Feedback may be used without restriction or compensation.

12. Warranties & Disclaimers

The Service is provided “as is” and “as available”. To the maximum extent permitted by law, OXYGEN disclaims all warranties, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, legality of outputs, deliverability, inbox placement, provider availability, uninterrupted operation, and campaign performance.

OXYGEN does not warrant that any outbound campaign, contact source, enrichment record, AI-generated content, or customer-approved send complies with law. You must obtain your own legal advice for your outbound activity.

13. Indemnity

You will indemnify and hold harmless OXYGEN, its affiliates, officers, directors, employees, contractors, and agents from and against all claims, damages, fines, penalties, losses, liabilities, costs, and expenses, including reasonable legal fees, arising from or related to:

  • your campaigns, outbound communications, recipient lists, or sender accounts;
  • your violation of anti-spam, privacy, advertising, platform, or data laws;
  • your content, claims, instructions, approvals, legal-basis determinations, or data sources;
  • actions by your users, AI assistants, agents, contractors, or connected accounts;
  • your breach of these Terms, the DPA, AUP, Outbound Compliance Policy, Done-for-You Services Terms, or an order form.

OXYGEN will provide prompt notice of a claim and reasonable cooperation. Your indemnity does not apply to the extent a claim is caused by OXYGEN's willful misconduct, gross negligence, unauthorized action outside your instructions, or non-excludable legal liability.

14. Liability Limits

To the maximum extent permitted by law, OXYGEN's total aggregate liability for all claims arising out of or related to the Service is limited to the fees actually paid by you to OXYGEN in the six months before the event giving rise to the claim.

To the maximum extent permitted by law, OXYGEN is not liable for indirect, consequential, incidental, special, punitive, or exemplary damages, including lost profits, lost revenue, lost data, lost business opportunities, reputational harm, substitute services, platform restrictions, regulatory fines, sender-domain harm, deliverability loss, or damages arising from AI or customer-approved outbound actions.

These limits do not apply to willful misconduct, gross negligence, personal injury, OXYGEN's unauthorized live sends outside customer instructions, or liability that cannot be excluded under mandatory law.

15. Suspension & Termination

You may cancel as stated in your subscription or order form. OXYGEN may suspend or terminate access for breach, suspected abuse, non-payment, security risk, provider requirement, compliance risk, legal requirement, or conduct that may harm OXYGEN, recipients, customers, platforms, or third parties.

Upon termination, access ends, connected credentials may be deleted or disabled, and data is retained or deleted according to the Privacy Policy and DPA. Sections concerning payment, data rights, confidentiality, compliance, disclaimers, indemnity, liability, governing law, and any accrued rights survive termination.

16. Changes

OXYGEN may update these Terms or the Service. For material changes, OXYGEN will provide reasonable notice by email, in-product notice, or posting an updated effective date. Continued use after the effective date means acceptance. If you do not agree, stop using the Service before the change takes effect.

17. Governing Law & Venue

These Terms are governed by the laws of the State of Delaware, excluding conflict-of-laws rules. To the extent permitted by law, the state and federal courts located in Delaware have exclusive jurisdiction for disputes arising from or related to these Terms or the Service. Mandatory data protection or consumer law that cannot be waived remains reserved, although the Service is not intended for consumers.

18. Notices & General Terms

Legal notices to OXYGEN must be sent to philipp@oxygen-agent.com and to 2810 N Church St STE 88810, Wilmington, DE 19802, United States. OXYGEN may send notices to the email associated with your account, your organization owner, or your order form.

You may not assign these Terms without OXYGEN's prior written consent. OXYGEN may assign these Terms to an affiliate, successor, or acquirer. If any provision is invalid, the rest remains enforceable. These Terms, incorporated policies, and applicable order forms are the entire agreement for the Service.

19. Company Information

  • OXYGEN GTM Inc.
  • Delaware corporation, incorporated in Delaware
  • Legal notice and business correspondence address: 2810 N Church St STE 88810, Wilmington, DE 19802, United States
  • Contact: philipp@oxygen-agent.com
  • No public telephone line is provided for legal notices.