These Terms of Service (“Terms”) govern your access to and use of Outscope (“Service”), operated by Diverse Media Systems LLC, a California limited liability company (“Outscope,” “we,” “us,” or “our”).
By accessing or using the Service — including by sending email to any Outscope testing domain — you agree to these Terms. If you do not agree, do not use the Service.
PLEASE READ THESE TERMS CAREFULLY. THEY INCLUDE A BINDING ARBITRATION PROVISION AND A CLASS-ACTION WAIVER (SECTION 24), WHICH AFFECT HOW DISPUTES ARE RESOLVED.
1. Description of Service
Outscope provides an email testing, analysis, and quality assurance platform designed for development, staging, and testing environments. The Service may:
- Receive test emails
- Analyze email content and metadata
- Generate automated quality assessments
- Provide deliverability and authentication insights
- Generate automated reports and testing feedback (report depth varies by subscription tier; deeper AI-powered analysis generally requires a paid plan or available bonus or promotional credits)
- Provide an AI chat assistant and synthetic QA-agent features (availability varies by plan)
The Service is intended solely for testing and quality assurance purposes.
2. Eligibility and Geographic Availability
You must be at least 18 years old and capable of forming a binding contract to use the Service. If you use the Service on behalf of a company or other entity, you represent that you have authority to bind that entity to these Terms, and “you” includes that entity.
The Service is currently offered to users in the United States. Visitors from other (non-sanctioned) locations may register interest but may not be able to create an account at this time.
The Service is not available in, and may not be accessed from, jurisdictions subject to comprehensive U.S. sanctions, and may not be used by persons on U.S. restricted-party lists. We enforce geographic restrictions at the network, sign-up, and processing layers. You represent that you are not located in such a jurisdiction, are not on any such list, and will not use the Service in violation of U.S. export-control or sanctions laws.
3. Intended Use
Outscope is designed for non-production testing environments. You agree that the Service is not intended for:
- Production customer communications
- Routine processing of personal information
- Protected Health Information (PHI)
- Payment card information
- Government-issued identifiers
- Regulated or highly sensitive information
If you choose to submit such information, you do so at your own risk and subject to these Terms.
4. Not a HIPAA Business Associate
Outscope is not a HIPAA Business Associate and does not enter into Business Associate Agreements. The Service is not designed for, and shall not be used to transmit, receive, store, or process Protected Health Information. Any transmission of PHI through the Service is a material breach of these Terms and may result in immediate account suspension and deletion of all associated data without notice.
5. Account Registration
To access certain features, you may be required to create an account. You agree to:
- Provide accurate information
- Maintain the confidentiality of account credentials
- Promptly notify us of unauthorized access
- Accept responsibility for activities occurring under your account
6. Customer Content
“Customer Content” includes emails, data, text, attachments, metadata, and other information submitted to the Service. You retain ownership of Customer Content.
You grant Outscope a limited, non-exclusive license to receive, store, process, analyze, transmit, display, and delete Customer Content solely for the purposes of operating, maintaining, securing, and providing the Service, and improving the Service’s features and reliability. This license does not include the use of Customer Content to train artificial-intelligence or machine-learning models.
7. Your Responsibilities
You represent and warrant that:
- You have the right to submit Customer Content to the Service
- Submission of Customer Content does not violate applicable law
- Submission of Customer Content does not violate contractual obligations owed to third parties
- You have obtained any permissions, consents, or authorizations required for your use of the Service
- Your use of the Service, and any communications you test or send through it, comply with applicable email, marketing, and privacy laws (including, as applicable, CAN-SPAM, the TCPA, the GDPR, and the CCPA)
You are solely responsible for Customer Content submitted through your account or systems.
8. Prohibited Content and Activities
You may not use the Service to:
- Submit unlawful content
- Distribute malware or malicious code
- Conduct spam campaigns
- Circumvent security controls
- Access another user’s information
- Reverse engineer the Service
- Interfere with Service operations
- Violate applicable laws or regulations
You also agree not to intentionally submit:
- Protected Health Information (PHI)
- Payment card data
- Social Security numbers
- Government-issued identification numbers
- Production customer datasets
- Sensitive regulated information
unless separately authorized in writing by Outscope.
9. Sensitive Data Handling
The Service includes certain automated detection capabilities designed to identify categories of sensitive information. These controls are provided for convenience only. Outscope does not guarantee detection, redaction, quarantine, or deletion of sensitive information submitted by users. Users remain solely responsible for ensuring that submitted content is appropriate for the Service.
10. Unsolicited Submissions to Testing Domains
Outscope operates email testing domains that receive email without prior configuration. If you send email to an Outscope testing domain — with or without an account — that email is a voluntary submission governed by these Terms and the Privacy Policy. Outscope assumes no obligation of confidentiality, no duty to analyze, respond to, preserve, or return unsolicited submissions, and no responsibility for content transmitted to its testing domains in error. Any automated reply we send to such a submission includes the ability to opt out of further replies.
11. Outscope’s Rights Regarding Submitted Content
To protect the Service, its users, and third parties, Outscope reserves the right to refuse or reject content, remove content, quarantine content, suspend processing, restrict access, delete content, and suspend or terminate accounts, where we reasonably believe such action is necessary to address security, privacy, legal, operational, or abuse-related concerns. We are not obligated to monitor all content submitted to the Service.
12. Subscription and Billing
Certain features require a paid subscription. Subscription fees are billed monthly, in advance. Unless otherwise required by law:
- Fees are non-refundable
- Subscription changes take effect according to applicable billing terms
- Failure to pay may result in suspension or termination
Payment processing is provided by Stripe. Outscope does not receive or store payment card numbers.
Subscription auto-renewal. Paid subscriptions automatically renew at the end of each monthly billing cycle, and your payment method on file will be charged for the next cycle until you cancel. The recurring price and billing interval are disclosed at checkout before payment. You may cancel at any time from your account’s self-service billing portal at /settings; cancellation takes effect at the end of the current billing cycle, and no early-termination fees apply. We will provide at least 30 days’ notice of any change to recurring pricing.
Free trial. Paid plans may be offered with a free trial (currently 7 days). During the trial you have full access to the paid features at no charge. Unless you cancel before the trial ends, your payment method on file will be automatically charged the then-current plan price ($15/month for Starter or $59/month for Pro, as selected at checkout) when the trial ends, and the subscription then continues under the auto-renewal terms above. The trial length and the price charged after the trial are disclosed at checkout before you provide payment details. You may cancel at any time before the trial ends — from your self-service billing portal at /settings — to avoid being charged. Free trials are limited to one per customer, and we may modify or discontinue trial offers at any time.
13. Referral Program and Promotional Credits
We may offer referral rewards and other promotional credits (“bonus credits”) — currently 50 bonus credits for a successful referral. Bonus credits do not expire while your account remains open and in good standing, but they have no cash or monetary value, are not refundable or transferable, and may be used only for AI-powered features within the Service (such as AI email analysis and QA-agent runs). Credits obtained through fraud, self-referral, automation, or other abuse may be revoked, and the associated accounts may be suspended. We may modify, suspend, or discontinue any referral or promotional program at any time; changes will not remove bonus credits already earned in good faith while your account remains open.
14. Beta and Experimental Features
The Service may include beta, preview, or experimental features (including features enabled for limited groups of users). Such features are provided “AS IS,” may change or be withdrawn at any time without notice, may be subject to additional limits, and are excluded from any commitments made elsewhere in these Terms regarding availability or functionality.
15. Rate Limits and Fair Use
The Service enforces rate limits, size limits, and per-sender ingestion limits to ensure platform stability, prevent abuse, and bound per-analysis cost. Limits vary by subscription tier and may be adjusted at our discretion based on operational needs, with material changes communicated through your account dashboard or email. Exceeding any limit may result in temporary throttling, deferred analysis, deterministic-only (rules-based) results, or — for sustained or abusive patterns — account suspension. For your current account’s limits, see your account dashboard or contact billing@outscope.ai.
16. Intellectual Property; Feedback
The Service, including software, designs, trademarks, documentation, and related materials, is owned by Diverse Media Systems LLC or its licensors and is protected by copyright, trademark, and other intellectual-property laws. Except as expressly permitted, no rights are granted to you beyond those necessary to use the Service.
If you provide suggestions, ideas, or other feedback about the Service, you grant Diverse Media Systems LLC a perpetual, irrevocable, worldwide, royalty-free license to use that feedback for any purpose, without obligation or compensation to you. Feedback does not include Customer Content.
17. Disclaimer of Warranties
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUTSCOPE DISCLAIMS ALL WARRANTIES, INCLUDING:
- MERCHANTABILITY
- FITNESS FOR A PARTICULAR PURPOSE
- NON-INFRINGEMENT
- ACCURACY OF RESULTS
- AVAILABILITY OR UPTIME
- DETECTION OF EVERY DEFECT, ERROR, SENSITIVE-DATA INSTANCE, OR COMPLIANCE ISSUE IN CONTENT SUBMITTED FOR ANALYSIS
Analysis results, scores, recommendations, and AI-generated outputs are informational only and should not be relied upon as legal, compliance, security, or business advice. Use of the Service does not create any fiduciary, professional-services, or advisory relationship, and does not ensure that your communications comply with any law or standard.
18. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUTSCOPE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. THIS INCLUDES DAMAGES ARISING FROM:
- LOSS OF DATA
- LOSS OF BUSINESS
- LOSS OF PROFITS
- SERVICE INTERRUPTION
- SECURITY INCIDENTS
- CONTENT SUBMITTED BY USERS
- THIRD-PARTY ACTIONS
OUTSCOPE’S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS, IN THE AGGREGATE ACROSS ALL CAUSES OF ACTION, SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT PAID BY YOU TO OUTSCOPE DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED U.S. DOLLARS ($100). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. THESE LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), EVEN IF OUTSCOPE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER THE CLAIM ACCRUES, OR IT IS PERMANENTLY BARRED.
19. Indemnification
You agree to defend, indemnify, and hold harmless Diverse Media Systems LLC (including the Outscope service), its members, managers, officers, employees, contractors, and affiliates from claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from:
- Your use of the Service
- Customer Content submitted by you
- Violation of these Terms
- Violation of applicable law, including email, marketing, and privacy laws
- Violation of third-party rights
These Terms do not require Outscope to indemnify you or any third party.
20. Privacy
Use of the Service is also governed by the Outscope Privacy Policy, which is incorporated into these Terms by reference.
21. Suspension and Termination
Outscope may suspend or terminate access to the Service at any time if these Terms are violated, security risks are identified, abuse is detected, it is required by law, or it is necessary to protect the Service or its users. Upon termination, your right to use the Service will immediately cease. Provisions that by their nature should survive termination — including Intellectual Property and Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnification, and Dispute Resolution — will survive.
22. Changes to the Service
We may modify, suspend, discontinue, or update the Service at any time. We are not liable for modifications or discontinuation of Service features.
23. Changes to These Terms
We may modify these Terms from time to time. We will provide notice of material changes by posting the updated Terms and updating the “Last updated” date. Continued use of the Service after changes become effective constitutes acceptance of the revised Terms. When you create an account or complete a subscription checkout, we record the version of the Terms you accepted and the time of acceptance.
24. Dispute Resolution — Arbitration and Class-Action Waiver
PLEASE READ THIS SECTION CAREFULLY — IT REQUIRES ARBITRATION OF DISPUTES ON AN INDIVIDUAL BASIS AND WAIVES JURY TRIALS AND CLASS ACTIONS.
Informal resolution first. Before filing any claim, you agree to contact us at legal@outscope.ai with a written description of the dispute and give us 60 days to resolve it informally. Most concerns can be resolved this way.
Binding arbitration. Except as provided below, any dispute arising out of or relating to these Terms or the Service that is not resolved informally shall be resolved by binding arbitration on an individual basis, administered by the American Arbitration Association under its Consumer Arbitration Rules. The Federal Arbitration Act governs this provision. The arbitration will be conducted in California or, where available, remotely by videoconference or on written submissions.
Exceptions. Either party may (a) bring an individual claim in small-claims court, or (b) seek injunctive or other equitable relief in court for actual or threatened infringement or misuse of intellectual property or for unauthorized access to the Service.
Class-action and jury waiver. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OR PRESIDE OVER ANY FORM OF REPRESENTATIVE PROCEEDING. EACH PARTY WAIVES THE RIGHT TO A TRIAL BY JURY. If the class-action waiver is found unenforceable as to a particular claim, that claim (and only that claim) shall proceed in court, and the waiver shall remain enforceable as to all other claims. Nothing in this section waives claims for public injunctive relief where such waiver is prohibited by law.
30-day opt-out. You may opt out of this arbitration provision by emailing legal@outscope.ai within 30 days of first accepting these Terms, stating the email address associated with your account (or, if you do not have an account, the sender address you used with the Service) and your intent to opt out of arbitration. Opting out does not affect any other provision of these Terms.
25. Governing Law
These Terms shall be governed by the laws of the State of California, without regard to conflict of law principles. Subject to the Dispute Resolution section above (including its small-claims and equitable-relief exceptions), any dispute that is not subject to arbitration shall be brought exclusively in the state or federal courts located in California, and the parties consent to personal jurisdiction and venue there.
26. Miscellaneous
Severability. If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect.
Entire agreement. These Terms, together with the Privacy Policy and any terms presented at checkout, constitute the entire agreement between you and Diverse Media Systems LLC regarding the Service and supersede all prior or contemporaneous agreements on that subject.
Assignment. We may assign these Terms (including in connection with a merger, acquisition, or sale of assets). You may not assign these Terms or your account without our prior written consent; any attempted assignment in violation of this provision is void.
No waiver. Our failure to enforce any provision of these Terms is not a waiver of the right to enforce it later.
Force majeure. Outscope is not liable for any delay or failure to perform caused by events beyond its reasonable control, including acts of God, natural disasters, labor disputes, utility or internet failures, cloud-provider outages, governmental actions, or security incidents caused by third parties.
No third-party beneficiaries. These Terms do not confer any rights on any third party.
Notices. We may provide notices to you via the email address on your account or through the Service; notices are deemed received when sent. Legal notices to Outscope must be sent to legal@outscope.ai.
27. Contact Information
For questions regarding these Terms:
Diverse Media Systems LLC
California, United States