Terms of Service

1. Who may use Topline

Topline is provided for business use only. By creating an account or using Topline, you confirm that you are at least 18, that you are acting for a trade, business or profession rather than as a consumer, and that you have authority to bind the business or organisation you represent (the Customer) to these terms.

If an order form or other signed agreement between the Customer and Jacquard conflicts with these terms, the signed agreement takes priority to the extent of the conflict.

2. The service

Topline scores lines of marketing copy using Jacquard's Neural 2.1 model and returns a verdict and, where supported for the relevant channel, a score. The service may be used through the Topline website, its REST API, or a connected AI assistant using the Model Context Protocol.

A score or verdict is a statistical opinion, not a promise of clicks, revenue or any other outcome. Actual performance depends on the audience, offer, delivery, channel, timing and other matters outside Jacquard's control. The Customer remains responsible for deciding what to send or publish and for checking that its marketing complies with applicable law, regulation and industry rules.

3. Accounts and workspaces

• The Customer is responsible for its users, workspace roles, connected assistants and API keys.
• Account details must be accurate and kept up to date.
• Sign-in links, sessions, API keys and other credentials must be kept confidential and must not be shared outside the Customer's organisation.
• The Customer must tell infosec@jacquard.com promptly if it suspects unauthorised access.

4. Customer Content and campaign results

Customer Content means the marketing text submitted to Topline and any optional aggregate campaign information submitted with or after it. Aggregate campaign information may include total sends, clicks, opens, attributed revenue, channel and send date.

Campaign results are supplied by the Customer, its authorised AI assistant or its API client. Topline does not connect directly to the Customer's email, advertising or other marketing platform. Topline is designed not to receive message-recipient personal data and does not ask for subscriber lists, recipient names or addresses, device identifiers, or recipient-level engagement events.

The Customer must not submit that recipient-level information, special-category personal data, children's data, payment-card data, credentials, or other personal data that is not necessary to use the service. The Customer warrants that it has all rights, permissions and lawful bases needed to submit Customer Content. An agency makes that warranty for each client whose content or results it submits.

5. Ownership, licence and confidentiality

As between the parties, the Customer retains ownership of Customer Content. The Customer grants Jacquard a worldwide, non-exclusive, royalty-free licence, for the term of the Customer's use of Topline and the retention period below, to host, copy, transmit, score, store, display and otherwise process Customer Content only to provide, secure, support and maintain Topline and to comply with law.

Jacquard does not use Customer Content or aggregate campaign results to train or improve its models unless Jacquard and the Customer separately agree that use in writing. If Jacquard proposes a generally available training feature in future, it will update the relevant terms and privacy information before that feature is enabled.

Jacquard will treat non-public Customer Content, including unreleased campaign copy and campaign performance, as confidential information. Jacquard will use it only for the purposes above, limit access to people who need it for those purposes, and require those people to keep it confidential. These obligations do not apply to information that is public without breach of these terms, was already lawfully known, is received lawfully from another source, or must be disclosed by law.

6. Connected assistants and other third parties

If the Customer connects an AI assistant, it authorises that assistant to send marketing text, request scores, use workspace credits, and submit aggregate campaign results when the Customer asks it to do so. The Customer can revoke a connection from Topline.

The Customer chooses and controls its AI assistant, marketing platforms and other third-party services. Their use is governed by the Customer's agreements with their providers. Those providers are not Jacquard's subprocessors merely because the Customer uses them to communicate with Topline. Jacquard is not responsible for their acts, omissions or availability.

7. Acceptable use

The Customer must not, and must not allow anyone else to:

• use Topline unlawfully or submit content that is unlawful, infringing, defamatory or submitted without authority;
• submit prohibited personal data described in section 4;
• circumvent credit, plan, rate, security or access controls;
• probe, disrupt, damage or overload Topline or another customer's use of it;
• reverse engineer or attempt to extract Jacquard's models, except to the extent the law does not permit that restriction;
• scrape or collect scores in bulk to build, train, evaluate or benchmark a competing product or model; or
• use another customer's workspace, connection, invitation or credentials without permission.

8. Plans, credits and payment

• Current plan prices, allowances and limits are shown on the pricing page. Unless stated otherwise, prices are in US dollars and exclude applicable taxes.
• One line checked uses one credit. Plan credits reset on the first day of each calendar month in UTC and do not roll over.
• Purchased credit packs are used after plan credits, expire 12 months after purchase, have no cash value and are non-transferable.
• Paid subscriptions renew monthly until cancelled. An upgrade takes effect immediately and may be prorated. A downgrade or cancellation takes effect at the end of the current paid period.
• If the Customer enables auto top-up, it authorises Jacquard, through Stripe, to charge the saved payment method for 25 credits at the price displayed when the feature is enabled whenever the credit balance falls below 10% of the available total. Topline will not initiate more than one auto top-up in an hour. The Customer can turn auto top-up off at any time.
• Payments are processed by Stripe. Jacquard does not receive full payment-card details.
• Payments are non-refundable except where required by law or expressly stated otherwise. If payment fails, Jacquard may suspend paid features while the amount remains due.

Jacquard may change plan prices on at least 30 days' notice. A change applies from the first renewal after the notice period.

9. Data protection

Jacquard acts as controller for account, authentication, billing, security and service-administration data, as described in the Privacy Notice. To the extent Customer Content contains personal data, the Customer is controller and Jacquard is processor. The Data Processing Terms at the end of these terms apply automatically to that processing.

10. Jacquard's intellectual property

Jacquard and its licensors retain all rights in Topline, Neural 2.1, the software, documentation, designs, trademarks and improvements to them. Subject to these terms, Jacquard grants the Customer a limited, non-exclusive, non-transferable right to use Topline and its scores for the Customer's internal business purposes during the subscription. No other rights are transferred.

11. Suspension, closure and retention

Jacquard may suspend access where reasonably necessary to protect Topline or its users, respond to a security incident, comply with law, address non-payment, or stop a material breach. Where practicable, Jacquard will give notice and a reasonable opportunity to remedy the issue.

The Customer may ask Jacquard to close its workspace at any time. Either party may end a paid subscription at the end of the current paid period. Jacquard may end these terms on 30 days' notice, or immediately for an irremediable material breach, unlawful use or a material breach not remedied within a reasonable period after notice.

Jacquard keeps Customer Content while the workspace is active. Following workspace closure or a verified deletion request, Jacquard will delete or irreversibly anonymise Customer Content and ordinary account/workspace records within 30 days, unless retention is required by law or a documented legal hold. Residual backup copies will expire through the normal backup cycle no later than 90 days after operational deletion. Billing and tax records may be kept for up to six years where required. Until automated deletion is available, Jacquard will carry out this process manually following a request to privacy@jacquard.com.

12. Availability and disclaimers

Topline is provided on an "as is" and "as available" basis. To the fullest extent permitted by law, Jacquard excludes implied warranties and does not warrant that Topline will be uninterrupted, error-free, secure against every threat, or that any score will be accurate or produce a particular commercial result.

Jacquard may change Topline from time to time. It will not materially reduce the core paid service during a current paid period without reasonable notice, except where a change is required for security, law or the continued operation of the service.

13. Liability

Nothing in these terms excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be excluded or limited.

Subject to that paragraph, neither party is liable for any indirect or consequential loss, or for loss of profit, revenue, anticipated savings, goodwill, business opportunity or data. Jacquard's total aggregate liability arising out of or in connection with Topline in any 12-month period is limited to the greater of GBP 100 and the fees the Customer paid for Topline in that period.

14. Customer indemnity

The Customer will indemnify Jacquard against third-party claims, losses and reasonable costs arising from Customer Content or the Customer's unlawful or unauthorised use of Topline, except to the extent caused by Jacquard's breach of these terms.

15. Changes to these terms

Jacquard may update these terms. It will give at least 30 days' notice by email or through Topline of a material change, unless an earlier change is reasonably required by law or to address an urgent security risk. Continued use after the effective date constitutes acceptance. If the Customer does not agree, it may stop using Topline and cancel before the change takes effect.

16. General

Neither party is liable for delay or failure caused by events outside its reasonable control. The Customer may not transfer these terms without Jacquard's written consent. Jacquard may transfer them to an affiliate or successor in connection with a reorganisation, merger or sale. If any provision is unenforceable, the rest remains effective. A delay in enforcing a right is not a waiver. These terms and any signed order form are the entire agreement about Topline.

These terms are governed by the laws of England and Wales. The courts of England and Wales have exclusive jurisdiction. Legal notices may be sent to legal@jacquard.com or to Jacquard Group Limited, 82 St John Street, London, United Kingdom, EC1M 4JN.

Data Processing Terms

1. Scope and instructions

These Data Processing Terms apply when Jacquard processes personal data contained in Customer Content on the Customer's behalf. The subject matter is the provision of Topline; the duration is the term plus the retention period in section 11; and the nature and purpose are receiving, transmitting to Jacquard's self-hosted scoring model, scoring, storing, displaying, securing, supporting and deleting Customer Content.

The personal data may include identifiers or other personal data incidentally included in marketing text, business-user attribution attached to a submission, and any personal data within campaign context. Data subjects may include Customer users and people incidentally referred to in submitted copy. Topline is not intended to receive recipient lists or recipient-level engagement data.

Jacquard will process this personal data only on the Customer's documented instructions, including these terms and the Customer's use of Topline, unless law requires otherwise. If so, Jacquard will tell the Customer before processing unless law prohibits that notice.

2. Processor obligations

Jacquard will:

• ensure that people authorised to process the data are bound by confidentiality;
• apply appropriate technical and organisational security measures;
• assist the Customer, taking account of the nature of the processing, with data-subject requests, security obligations, breach notifications, impact assessments and regulator consultations;
• notify the Customer without undue delay after becoming aware of a personal-data breach affecting Customer Content;
• delete or return personal data at the end of the service in accordance with section 11, unless law requires retention;
• provide information reasonably necessary to demonstrate compliance and permit a reasonable audit, subject to confidentiality, security and reasonable advance notice; and
• tell the Customer if, in Jacquard's opinion, an instruction infringes applicable data-protection law.

3. Subprocessors and transfers

The Customer gives general authorisation for Jacquard to use subprocessors needed to provide Topline, including Amazon Web Services and Amazon SES. Jacquard will remain responsible for their processing and impose materially equivalent data-protection obligations. Jacquard will provide reasonable notice of a material new subprocessor, allowing the Customer to raise a reasonable data-protection objection.

Where personal data is transferred from the UK or EEA to a country without an applicable adequacy decision, Jacquard will use a lawful transfer mechanism, such as the UK International Data Transfer Agreement or Addendum and the European Commission's Standard Contractual Clauses, together with supplementary measures where required.

4. Customer obligations

The Customer is responsible for the lawfulness, fairness and accuracy of Customer Content and its instructions; providing required privacy information; responding to data subjects; and avoiding personal data that Topline does not need. The Customer must use available security controls and notify Jacquard promptly of any relevant risk or request.