These Terms and Conditions ("Terms") govern your access to and use of ColdDMs Pro, including our website, dashboard, extension, APIs, and related services (collectively, the "Service"). By using the Service, you agree to these Terms and represent that you are at least 18 years old and legally able to enter into a binding agreement.
For legal notices regarding these Terms, contact us at hello@colddmspro.com. You are responsible for keeping your account contact information accurate and up to date.
ColdDMs Pro provides software tools that help users manage and automate outreach workflows. Features may change over time. We may add, remove, or modify functionality, impose usage limits, or discontinue features to maintain security, compliance, and service quality.
You must provide accurate and complete registration information and keep credentials secure. You are responsible for all activity under your account, including activity by authorized users.
You may not use the Service to violate laws, regulations, or platform rules. You are solely responsible for your outreach campaigns, target lists, message content, and consent practices.
The Service may interact with third-party platforms (including Instagram, X, and other providers). We are not affiliated with or endorsed by those platforms unless explicitly stated. You must comply with all third-party terms, policies, rate limits, and automation rules. We are not liable for account restrictions, suspensions, enforcement actions, or policy changes imposed by third parties.
You retain ownership of your content and data. You grant us a non-exclusive, worldwide license to host, process, transmit, and display your data only as necessary to operate, secure, and improve the Service and provide support. You represent that you have all rights and permissions required to upload and process your data using the Service.
Paid plans renew automatically unless canceled before the next billing date. By subscribing, you authorize recurring charges to your selected payment method.
You may cancel at any time from your account settings. Cancellation takes effect at the end of the current paid term unless stated otherwise in writing. Except where required by law, fees are non-refundable, including partial-period, unused, or downgraded-service periods.
Each party may receive non-public information from the other. The receiving party will use the same degree of care it uses to protect its own confidential information (and at least reasonable care), and may use such information only for purposes of performing under these Terms.
We and our licensors own all rights, title, and interest in the Service, including software, designs, documentation, trademarks, and improvements. Except for limited rights expressly granted in these Terms, no license or ownership is transferred to you.
Beta or preview features are provided "as is" and may be changed or removed at any time. If you submit feedback, you grant us a perpetual, irrevocable, royalty-free right to use it without restriction or compensation.
We aim for reliable service but do not guarantee uninterrupted availability, specific response times, or error-free operation. Maintenance windows, force majeure events, provider outages, and internet failures may impact availability.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE SPECIFIC BUSINESS OUTCOMES, DELIVERABILITY, RESPONSE RATES, OR PLATFORM ACCOUNT SAFETY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION. OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE WILL NOT EXCEED THE AMOUNTS YOU PAID TO US FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.
You will defend, indemnify, and hold harmless ColdDMs Pro and its officers, directors, employees, and affiliates from and against claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising from your use of the Service, your content, your campaigns, your violation of these Terms, or your violation of law or third-party rights.
We may suspend or terminate access immediately if we reasonably believe your use creates legal, security, abuse, or operational risk, or violates these Terms. Upon termination, rights granted to you end immediately, and we may delete account data in accordance with our data retention practices and applicable law.
Before filing a claim, you agree to attempt informal resolution by contacting us. If a dispute is not resolved informally, each party agrees to resolve disputes on an individual basis and not as part of a class, consolidated, or representative action. If binding arbitration is required by applicable local law, the parties will follow that framework. If arbitration is unenforceable in your jurisdiction, disputes will be resolved in the courts identified in these Terms' governing law section.
These Terms are governed by the laws of the jurisdiction where ColdDMs Pro is established, without regard to conflict-of-laws principles. Subject to applicable mandatory consumer protections, you consent to exclusive venue in competent courts in that jurisdiction.
You may not use the Service in violation of export control or sanctions laws. You represent that you are not located in, organized under, or controlled by parties subject to comprehensive sanctions, and are not on any prohibited or restricted party list.
We may update these Terms from time to time. Material changes will be posted with a revised "Last updated" date and, where appropriate, additional notice. Continued use of the Service after the effective date constitutes acceptance of the updated Terms.
If any provision is held unenforceable, the remaining provisions remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent. We may assign these Terms as part of a merger, acquisition, reorganization, or asset sale. These Terms are the entire agreement regarding the Service and supersede prior related agreements.
Questions about these Terms can be sent to hello@colddmspro.com.