Terms of Service

1. Agreement to these Terms

Encored is a brand and trading name of The Red Process Ltd, a company registered in England and Wales, with its registered office at Suite 4, Second Floor, Viscount House, River Lane, Saltney, Chester, CH4 8RH, United Kingdom. References to “Encored,” “we,” “us,” or “our” mean The Red Process Ltd.

These Terms of Service (the “Terms”) form a binding agreement between you and The Red Process Ltdand govern your access to and use of the Encored website, applications, APIs, and related services (together, the “Service”). By creating an account, requesting access, clicking to accept, or otherwise using the Service, you agree to these Terms and to our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Service.

If you use the Service on behalf of a company, agency, or other organization, you represent that you are authorized to bind that organization, and “you” refers to that organization. You must be able to form a legally binding contract to use the Service.

2. The Service and beta status

Encored is an AI podcast outreach platform. It lets you search and qualify podcasts and related speaking opportunities, build target lists and guest profiles, generate AI-assisted pitches, run multi-step outreach sequences with follow-ups, connect an email inbox, manage replies and leads, and share lists for client or team review.

The Service is currently provided in beta. It may contain bugs, change frequently, and offer features that are incomplete, experimental, or withdrawn without notice. We may add, modify, limit, or remove features, usage limits, and availability at any time. Beta features are provided for evaluation and may be less reliable than generally available features.

Separately from this self-serve Service, The Red Process Ltdalso offers done-for-you agency services — for example, podcast guest booking — in which we perform outreach and related work for you. Those Agency Services are described in Section 21.

3. Eligibility and accounts

You must be at least 18 years old, or the age of majority in your jurisdiction, to use the Service. To use most features you must register for an account and provide accurate, complete, and current information.

• You are responsible for safeguarding your credentials and for all activity under your account, including activity by your team members, clients, and anyone you invite.
• You must notify us promptly at kasper@njorconnect.com of any unauthorized use of your account or any other security breach.
• If your workspace supports multiple users, clients, or tenants, you are responsible for the conduct of every user you grant access and for ensuring each user complies with these Terms.

4. Plans, billing, and trials

Some parts of the Service are paid. Pricing, plan limits, and billing terms are described at the point of purchase or in an applicable order. While Encored is in beta, plans, pricing, and limits may change, and access may be offered on a waitlist or invitation basis.

• Unless stated otherwise, paid subscriptions renew automatically for successive periods until cancelled. You can cancel future renewals from your account or by contacting kasper@njorconnect.com.
• Fees are stated exclusive of taxes; you are responsible for applicable taxes. Except where required by law, fees are non-refundable and we do not provide refunds or credits for partial periods or unused features.
• If a payment fails or is overdue, we may suspend or downgrade your access. We may change fees on a prospective basis with reasonable notice.
• Any free trial or complimentary beta access may be modified or withdrawn at any time, and converts to a paid plan only if you expressly elect a paid plan.

5. Acceptable use

You agree not to, and not to permit anyone to:

• use the Service to send unsolicited bulk email, spam, deceptive, harassing, defamatory, or unlawful messages, or to violate any anti-spam, marketing, data protection, or telecommunications law;
• misrepresent your identity, impersonate any person or organization, or forge headers or sender information;
• upload or transmit malware, or attempt to gain unauthorized access to the Service, other accounts, or any connected systems;
• probe, scan, overload, disrupt, or circumvent the security, rate limits, or access controls of the Service;
• reverse engineer, decompile, scrape, resell, or create derivative or competing services from the Service or its data, except to the extent this restriction is prohibited by law;
• use the Service to process data you are not authorized to process, or in violation of any third party’s rights or any applicable law; or
• exceed documented usage limits or use automated means to access the Service except through interfaces we provide.

We may investigate suspected violations and may suspend or terminate access for conduct we reasonably believe violates these Terms or harms the Service, other users, or third parties.

6. Connected email accounts and third-party APIs

The Service lets you connect one or more email accounts — including Google (Gmail) and Microsoft (Outlook / Microsoft 365) accounts — through their official APIs (such as the Gmail API and Microsoft Graph). When you connect an account, you authorize Encored to access that account on your behalf solely to provide the Service’s features.

Depending on the permissions you grant, this access may allow Encored to:

• read message metadata and content to display and organize your inbox, threads, replies, and drafts;
• send pitches and follow-up messages that you compose, review, or schedule;
• create and manage drafts, and track replies to your outreach; and
• maintain a synced, local-first view of relevant messages so the inbox stays responsive.

You may disconnect a connected account or revoke Encored’s access at any time through your Encored settings or through your Google or Microsoft account security settings. Revoking access stops further synchronization and sending for that account. We access, use, and retain data from connected accounts only as described in these Terms and our Privacy Policy, and only to provide and improve the features you use. We do not sell data obtained from connected email accounts, and we do not use it for advertising.

7. Google API Services and Limited Use

Encored’s use and transfer to any other app of information received from Google APIs will adhere to the Google API Services User Data Policy, including the Limited Use requirements. When you connect a Google account, this means in particular:

• we use Google user data only to provide and improve the user-facing features of Encored that you actively request and that are prominent in the Service;
• we do not transfer or sell Google user data to third parties except as necessary to provide or improve those features, to comply with applicable law, or as part of a merger, acquisition, or sale of assets with notice to users;
• we do not use Google user data for serving advertisements, including personalized, retargeted, or interest-based advertising; and
• we do not allow humans to read your Google user data unless (a) you give specific consent for us to access specific messages, (b) it is necessary for security purposes such as investigating abuse, (c) it is required to comply with applicable law, or (d) the data is aggregated and anonymized and used to improve or maintain operations.

Encored does not use Google Workspace or Gmail data to develop, improve, or train generalized or non-personalized artificial intelligence or machine learning models. Where AI features operate on your connected-account data, they do so only to produce outputs for you within the Service (for example, drafting or organizing your own outreach), consistent with the Limited Use requirements.

8. Microsoft and Outlook API use

When you connect a Microsoft or Outlook account, Encored accesses your data through Microsoft Graph in accordance with the permissions you grant and with the applicable Microsoft APIs Terms of Use and Microsoft’s platform policies. As with Google data, we use Microsoft account data only to provide the features you request, we do not sell it, we do not use it for advertising, and we do not use it to train generalized AI or machine learning models. You can revoke Encored’s access at any time through your Encored settings or your Microsoft account permissions.

9. Outreach, anti-spam, and sending compliance

Encored is a tool you control. You are solely responsiblefor the recipients you contact, the content you send, and your compliance with all laws that apply to your outreach, including anti-spam and data protection laws such as the U.S. CAN-SPAM Act, Canada’s CASL, the EU and UK GDPR, and the ePrivacy rules, as applicable to you.

• send only outreach that you have a lawful basis or legitimate reason to send, and honor opt-out, unsubscribe, and suppression requests promptly;
• include accurate sender identification and any disclosures required by law in your messages;
• respect the sending limits, anti-abuse rules, and program policies of your email provider (including Google and Microsoft), and not use the Service to evade them; and
• not use the Service to contact individuals who have asked not to be contacted or whose data you obtained unlawfully.

We may impose technical sending limits and may suspend sending that we reasonably believe is abusive, harmful to deliverability, or in breach of these Terms or a provider’s policies.

10. Your data and content

“Customer Data” means the data, profiles, lists, pitches, messages, contacts, and other content you or your users submit to, or that the Service processes on your behalf through, your account, including data from connected email accounts. As between you and us, you own and are responsible for your Customer Data.

You grant us a worldwide, non-exclusive license to host, copy, process, transmit, and display Customer Data solely to operate, secure, support, and improve the Service for you and, where applicable, to provide it to other users in your workspace (for example, client review and team collaboration). You represent that you have the rights and permissions necessary to provide the Customer Data and to grant this license.

We may generate and use aggregated and de-identified data derived from use of the Service for analytics, security, and product improvement, provided such data does not identify you, any individual, or any connected-account content, and is used consistent with Section 7.

11. AI-assisted features

The Service includes AI-assisted features, such as match scoring and pitch generation. These features produce suggestions and drafts based on inputs like your guest profile, the show context, your selected angle, and brand voice.

• AI output may be inaccurate, incomplete, or unsuitable. You are responsible for reviewing, editing, and approving any AI-generated content before you send or rely on it. Encored does not make bookings for you and does not send on your behalf without your setup and instruction.
• You must not use AI features to generate unlawful, deceptive, infringing, or abusive content.
• As stated in Section 7, we do not use connected-account data from Google or Microsoft to train generalized AI models.

12. Podcast data and third-party content

The Service surfaces information about podcasts, episodes, hosts, events, and related opportunities gathered from public and third-party sources. This information is provided for your research and outreach and may be incomplete, outdated, or inaccurate. We do not warrant the accuracy of third-party content and are not responsible for the conduct of any podcast, host, or third party you choose to contact.

13. Intellectual property

The Service, including its software, design, text, and the Encored name and marks, is owned by The Red Process Ltd and its licensors and is protected by intellectual property laws. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Service for your internal business or personal use during your subscription. We reserve all rights not expressly granted. You may not use our marks without our prior written permission.

If you send us feedback or suggestions, you grant us a perpetual, irrevocable, royalty-free license to use them without restriction or obligation to you.

14. Third-party services

The Service integrates with third-party services, including Google, Microsoft, payment processors, and other providers. Your use of those services is governed by their own terms and privacy policies. We are not responsible for third-party services, and their availability or changes may affect Service features. Connecting a third-party account authorizes the data flows described in Sections 6 through 8.

15. Privacy

Our Privacy Policy explains how we collect, use, retain, and protect personal data, including data from connected Google and Microsoft accounts, and the choices and rights available to you. By using the Service, you acknowledge the Privacy Policy. For privacy questions or requests, contact kasper@njorconnect.com.

16. Disclaimers

The Service is provided “as is” and “as available,” and, because it is in beta, may be unstable or change. To the maximum extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, secure, or that it will produce any particular outreach result, booking, reply, or deliverability outcome.

17. Limitation of liability

To the maximum extent permitted by law, The Red Process Ltd and its suppliers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, data, goodwill, or business opportunities, arising out of or related to the Service or these Terms, even if advised of the possibility of such damages.

Our total aggregate liability arising out of or related to the Service or these Terms will not exceed the greater of (a) the amount you paid us for the Service in the three months before the event giving rise to the liability, or (b) USD $100. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

18. Indemnification

You will defend, indemnify, and hold harmless The Red Process Ltd and its officers, employees, and agents from and against any claims, damages, liabilities, and expenses (including reasonable legal fees) arising out of or related to your Customer Data, your outreach and messages, your use of the Service, or your breach of these Terms or applicable law.

19. Term, suspension, and termination

These Terms apply while you use the Service. You may stop using the Service and close your account at any time. We may suspend or terminate your access, with or without notice, if you breach these Terms, if required for security or legal reasons, if a third-party provider requires it, or if we discontinue the Service.

On termination, your right to use the Service ends. We may delete Customer Data after a reasonable period in accordance with our Privacy Policy, and you should export any data you wish to keep beforehand. Sections that by their nature should survive termination (including data ownership, intellectual property, disclaimers, limitation of liability, indemnification, and governing law) survive.

20. Changes to the Service and these Terms

We may update these Terms from time to time. If we make material changes, we will update the “Last updated” date and, where appropriate, provide additional notice. Changes take effect when posted unless stated otherwise. Your continued use of the Service after changes take effect means you accept the revised Terms. If you do not agree, stop using the Service.

21. Encored Agency Services (done-for-you)

Separately from the self-serve Service described above, The Red Process Ltd, trading as Encored, also offers done-for-you agency services (the “Agency Services”) in which we perform outreach and related work on your behalf. The Agency Services are a distinct, human-delivered offering: statements that the self-serve Service does not make bookings for you, or send without your instruction (for example, in Section 11), describe the platform and do not limit the Agency Services. When you engage us for Agency Services, these Terms apply together with any order, proposal, statement of work, or intake we agree with you (an “Engagement”). If an Engagement and these Terms conflict on a point specific to the Agency Services, the Engagement controls for that point.

What the Agency Services include

Depending on what you order, the Agency Services may include:

• Podcast guest booking— we research and qualify shows, write pitches in your voice, contact podcast hosts and producers on your behalf, manage the booking and scheduling, and help you prepare for recordings.
• TEDx coaching and application— we coach you on your talk and help you identify, prepare, and submit TEDx applications.
• Brand-growth coaching— we advise on turning featurings and appearances into audience, authority, and inbound demand.

The deliverables, fees, and any minimums for your Engagement are those described on our Services page or agreed with you when you book.

What we do and do not promise

We provide the Agency Services on a best-efforts basis. Whether a podcast, event, or host accepts you is the third party’s decision and outside our control. Accordingly, we do not guarantee any particular placement, booking, show, audience size, download numbers, publicity, business result, or other outcome, and timing depends on third parties. Nothing we say about likely results is a promise or warranty.

Bookings, fees, and payment

• For podcast guest booking, our fee is USD $250 per booking, with a minimum order of four (4) bookings. A “booking” means a confirmed guest appearance we arrange for you on a podcast.
• Fees for the Agency Services are invoiced and payable as set out in your Engagement. Fees are stated exclusive of taxes, and you are responsible for applicable taxes.
• Except where required by law or expressly agreed in your Engagement, fees for confirmed bookings and for work already performed are non-refundable. If a confirmed booking is later cancelled or rescheduled by the host or by you, that does not by itself entitle you to a refund, although we will use reasonable efforts to arrange a replacement where practical.
• Either party may end an ongoing Engagement on reasonable notice; you remain responsible for bookings already confirmed and work already performed.

Your responsibilities

For the Agency Services, you agree to:

• give us accurate, complete, and lawful information about yourself — such as your bio, story, topics, goals, and supporting materials — and confirm you have the rights to use it for outreach;
• review and approve pitches and positioning where we ask, and respond promptly so we can do the work;
• attend, and conduct yourself professionally at, recordings and appointments you accept; and
• not ask us to make false, misleading, infringing, or unlawful claims on your behalf.

You control what information you share with us and authorize us to use, and we use it only to deliver the Agency Services you ordered. To pitch and book you, we share the materials you provide with podcast hosts, producers, event organizers, and similar third parties. How we handle your personal data for the Agency Services is described in our Privacy Policy.

Third-party shows and events

We do not control podcasts, hosts, or events, or their content, scheduling, or conduct, and we are not responsible for them or for whether an appearance is recorded, published, or promoted. The disclaimers, limitation of liability, and indemnification in Sections 16 to 18 apply to the Agency Services as well as to the Service.

22. Governing law and disputes

These Terms are governed by the laws of England and Wales, without regard to conflict-of-laws rules. You and The Red Process Ltd agree to the exclusive jurisdiction of the courts of England and Wales for any dispute not subject to mandatory local law, and each party waives any objection to that venue. Nothing in this section limits any non-waivable consumer rights you may have under the law of your country of residence.

23. General terms

• Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and us regarding the Service and supersede prior agreements on this subject.
• Severability. If any provision is unenforceable, the rest remain in effect.
• No waiver. Failure to enforce a provision is not a waiver of it.
• Assignment. You may not assign these Terms without our consent. We may assign them in connection with a merger, acquisition, or sale of assets.
• Force majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control.
• Notices. We may provide notices through the Service or by email to your account address.

24. Contact

For questions about these Terms, support, or privacy matters, contact The Red Process Ltd at kasper@njorconnect.com, or by post at Suite 4, Second Floor, Viscount House, River Lane, Saltney, Chester, CH4 8RH, United Kingdom. You can also reach us through encored.io.