Terms and Conditions

Last updated: 7/18/2025

1. Acceptance of Terms

By accessing and using Cold Mail Them ("Service," "Platform," "we," "us," or "our"), you accept and agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, you must not use our Service.

2. Service Description

Cold Mail Them is a SaaS platform that provides AI-powered business discovery and email campaign management tools. Our Service includes:

  • • AI-powered business search functionality
  • • Email template creation and management
  • • Email campaign sending capabilities
  • • Integration with third-party services

3. NO WARRANTIES OR GUARANTEES

IMPORTANT DISCLAIMER:

3.1 Token System: The purchase of tokens does not guarantee specific results. Ten (10) tokens does NOT equal ten (10) email addresses. Token consumption is based on search attempts, not successful results.

3.2 AI-Generated Results: All business information, including names, email addresses, and descriptions, are generated using artificial intelligence and may be inaccurate, outdated, or entirely incorrect.

3.3 Data Accuracy: We make NO WARRANTIES regarding the accuracy, completeness, timeliness, or reliability of any information provided by our Service.

3.4 Service Availability: We do not guarantee uninterrupted access to our Service and may experience downtime due to maintenance, technical issues, or third-party service dependencies.

4. User Responsibilities and Compliance

4.1 Legal Compliance: You are solely responsible for ensuring your use of our Service complies with all applicable laws, including but not limited to:

  • • CAN-SPAM Act (United States)
  • • GDPR (European Union)
  • • CASL (Canada)
  • • All other applicable anti-spam and privacy laws

4.2 Email Consent: You must obtain proper consent before sending emails to any recipient. You are responsible for maintaining opt-out mechanisms and honoring unsubscribe requests.

4.3 Data Usage: You are responsible for how you use any data obtained through our Service. We are not responsible for any misuse of contact information or violations of privacy laws.

5. Limitation of Liability

MAXIMUM LIABILITY LIMITATION:

5.1 Total Liability Cap: Our total liability to you for all damages, losses, and causes of action shall not exceed the amount you paid to us in the twelve (12) months preceding the claim.

5.2 Excluded Damages: We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

  • • Loss of profits or business opportunities
  • • Damage to reputation or business relationships
  • • Email deliverability issues
  • • Spam complaints or legal actions
  • • Data breaches or security incidents
  • • Third-party service failures

5.3 Email Delivery: We make no guarantees regarding email delivery, open rates, response rates, or inbox placement. Email deliverability depends on numerous factors beyond our control.

6. User Indemnification

You agree to indemnify, defend, and hold harmless Cold Mail Them, its officers, directors, employees, and agents from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or relating to:

  • • Your use of our Service
  • • Your violation of these Terms
  • • Your violation of any applicable laws or regulations
  • • Your email campaigns or communication activities
  • • Any third-party claims related to your use of our Service
  • • Your misuse of contact information obtained through our Service

7. Third-Party Services

Our Service integrates with various third-party services including but not limited to Perplexity AI, Gmail API, and Stripe. We are not responsible for:

  • • Third-party service availability or performance
  • • Changes to third-party terms of service
  • • Data security or privacy practices of third parties
  • • Costs associated with third-party services
  • • API limitations or rate limiting

8. Intellectual Property

8.1 Our IP: All content, features, and functionality of our Service are owned by Cold Mail Them and are protected by international copyright, trademark, and other intellectual property laws.

8.2 User Data: We may use aggregated, anonymized data derived from your use of our Service for improving our platform and services.

9. Account Termination

9.1 Our Rights: We may terminate or suspend your account immediately, without prior notice, for any reason, including violation of these Terms.

9.2 No Refunds: Upon termination, you forfeit any unused tokens or credits. We do not provide refunds for terminated accounts.

10. Force Majeure

We shall not be liable for any failure or delay in performance due to events beyond our reasonable control, including but not limited to third-party API failures, natural disasters, government actions, or technical infrastructure issues.

11. Privacy Policy

Your privacy is important to us. Please review our Privacy Policy, which governs how we collect, use, and protect your information.

12. Changes to Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting. Your continued use of our Service after changes constitutes acceptance of the new Terms.

13. Dispute Resolution

13.1 Binding Arbitration: Any disputes arising from these Terms or your use of our Service shall be resolved through binding arbitration rather than in court.

13.2 Class Action Waiver: You waive any right to participate in class action lawsuits or class-wide arbitration.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to its conflict of law provisions.

15. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.

16. Contact Information

For questions about these Terms, please contact us at: [Your Contact Information]

ACKNOWLEDGMENT: By using Cold Mail Them, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. You also acknowledge that these Terms may be updated from time to time, and it is your responsibility to review them regularly.