Legal
Terms Of Service
PLEASE READ THIS AGREEMENT CAREFULLY. BY ACCESSING OR USING THE COLD EMAILERS PLATFORM OR SERVICES, YOU (“THE USER” OR “CUSTOMER”) AGREE TO BE LEGALLY BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE OUR PLATFORM OR SERVICES.These Terms of Service (the “Agreement”) are entered into between you and Cold Emailers LLC (“Cold Emailers,” “we,” or “us”). Cold Emailers provides software and managed services that assist businesses in executing and scaling cold outreach campaigns (the “Platform” or “Services”). Your use of the Services is governed by this Agreement.
1. Scope of Services
Cold Emailers offers a software platform and fully-managed cold outreach services, which may include domain and mailbox provisioning, inbox monitoring, reply handling, and campaign execution. You agree to use these Services only for lawful and business-related purposes.
2. Use of Services
By using Cold Emailers, you agree to:Provide accurate business and contact information;Authorize us to send emails on your behalf using content and scheduling provided by you or generated via our tools;Grant us access to necessary email inboxes (via OAuth or other secure integrations) to track campaign performance and replies.You are solely responsible for the content of any emails sent through our platform. You must ensure compliance with applicable laws, including the CAN-SPAM Act, GDPR, and other regulations relevant to your market.
3. License Grant
We grant you a limited, non-transferable, non-sublicensable, revocable license to use our Platform during the active subscription term. This license is subject to your compliance with all terms herein.
4. Acceptable Use
You agree not to:Use the Services to send unlawful, misleading, defamatory, or otherwise harmful content;Attempt to reverse-engineer, modify, or disrupt our systems or software;Share access credentials with unauthorized third parties;Misuse integrations or automate behavior beyond the intended scope.Cold Emailers reserves the right to suspend or terminate accounts that violate our Acceptable Use standards.
5. Data Handling & Privacy
When you authorize Cold Emailers to connect with third-party services (e.g., Gmail, Outlook), we only access data required to fulfill our Services: sending campaigns, monitoring replies, and optimizing inbox health. We do not store your credentials or scan unrelated content.See our Privacy Policy for full details.
6. Campaign Content Responsibility
You are responsible for the content used in campaigns, whether uploaded by you or generated with AI tools on our platform. You represent that:You have legal rights to use the content;Your outreach complies with relevant marketing and data protection laws;You will honor unsubscribe requests in a timely manner.
7. Payment Terms
Subscription fees are billed monthly or annually based on your selected plan. All payments are non-refundable unless otherwise stated in a separate signed agreement. Delinquent accounts may be suspended until payment is received.
8. Term & Termination
This Agreement remains in effect as long as you have an active subscription. You may cancel at the end of a billing period. Cold Emailers may suspend or terminate access for violations of this Agreement or non-payment.Upon termination, your access to the Platform will cease. Data retention and deletion will follow the timeline outlined in our Privacy Policy.
9. Intellectual Property
All rights, title, and interest in the Cold Emailers platform, branding, and technology remain with us. You may not copy, license, distribute, or create derivative works from our platform without explicit written permission.
10. Feedback
By submitting feedback or suggestions to Cold Emailers, you grant us a non-exclusive, royalty-free license to use and implement your feedback to improve our Services without restriction or compensation.
11. Disclaimer of Warranties
Our Services are provided “as is” without warranties of any kind. Cold Emailers does not guarantee that emails will be delivered, opened, or responded to. Your success depends on multiple factors outside of our control.
12. Limitation of Liability
To the fullest extent permitted by law, Cold Emailers shall not be liable for any indirect, incidental, or consequential damages, including lost profits or data. Our total liability for any claim will not exceed the amount paid by you in the 30 days prior to the event giving rise to the claim.
13. Indemnification
You agree to indemnify and hold harmless Cold Emailers, its affiliates, and its employees from any claims, damages, or expenses arising out of your use of the Services, violation of laws, or breach of this Agreement.
14. Modifications
We may update these Terms occasionally. If we make material changes, we will notify you via the Platform or email. Continued use after such updates constitutes your acceptance of the revised Terms.
15. Governing Law
This Agreement shall be governed by the laws of the State of Delaware. Any disputes shall be resolved in the state or federal courts of Delaware.
16. SMS Terms of Service
By opting in to SMS messages from Cold Emailers, you agree to receive text messages for customer support, service updates, and other communications related to your account.You can cancel the SMS service at any time. Just text STOP. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.If you are experiencing issues with the messaging program, you can reply with the keyword HELP for more assistance.Carriers are not liable for delayed or undelivered messages.As always, message and data rates may apply for any messages sent to you from us and to us from you. Message frequency varies. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
17. Contact
For questions or notices, email us at: legal@coldemailers.com