Terms of Service

1. Acceptance of Terms

By accessing or using the Services, you agree to these Terms, our Privacy Policy, and our Acceptable Use Policy. If you do not agree to all of these documents, you may not use the Services.

2. Definitions

• “Account” means the registered account you create to access the Services.
• “ColdPilot”, “we”, “us”, or “our” means ColdPilot, Inc.
• “User”, “you”, or “your” means the individual or entity using the Services.
• “Services” means all software, websites, dashboards, APIs, tools, content, and documentation provided by ColdPilot.
• “Connected Account” means an email account (Gmail, Google Workspace, Outlook, or an SMTP host) that you connect to the Services to send and receive email.
• “Campaign” means an outreach sequence, warm-up, rotation, or related workflow you create using the Services.
• “Recipient Data” means email addresses and related information you import into the Services and information we process in connection with sending, delivering, and detecting replies to email.
• “Applicable Law” means all laws, regulations, and requirements applicable to your use of the Services, including data protection and anti-spam laws.

3. Eligibility and Accounts

• You must be at least 18 years old and capable of forming a binding contract to create an Account.
• You must provide accurate, current, and complete information when registering and keep it up to date.
• You are responsible for safeguarding your password and for all activity that occurs under your Account.
• You may not create multiple accounts to circumvent trial or free-tier limits, abuse our systems, or evade a suspension.
• We may verify your identity or connected email accounts as required to provide the Services and comply with our legal obligations.

4. Our Services

ColdPilot provides cold email outreach tools, including but not limited to:

• Campaign creation, sequencing, scheduling, and management;
• Inbox warm-up to improve sender reputation and deliverability;
• Account rotation and sending limits to protect your domains and inboxes;
• Reply detection and conversation tracking;
• Email list verification;
• Analytics, performance, and deliverability reporting.

We may modify, add, or remove features and functionality at any time. We will use commercially reasonable efforts to provide the Services in accordance with their published descriptions but do not guarantee that specific results (such as a particular open rate, reply rate, or deliverability outcome) will be achieved.

5. Your Responsibilities

You are solely responsible for your use of the Services, your Campaigns, and the Recipient Data you provide. You agree to:

• Comply with all Applicable Laws, including the CAN-SPAM Act, GDPR, the UK GDPR, CCPA, and equivalent anti-spam and privacy laws in your jurisdiction;
• Maintain the accuracy of the information you provide and import;
• Ensure you have the rights and, where required, the lawful basis and consent to contact the recipients you target;
• Configure your Connected Accounts with appropriate sending limits and honor opt-out and suppression requests;
• Keep your account credentials secure and promptly notify us of any suspected unauthorized access;
• Ensure your emails include accurate sender identification and, where required, a valid physical postal address and opt-out mechanism;
• Monitor and be responsible for material sent through your Connected Accounts, even when automated.

6. Acceptable Use

You may not use the Services in violation of our Acceptable Use Policy, which is part of these Terms. Without limiting that policy, you may not:

• Send unsolicited bulk or spam email, or purchase, rent, or otherwise use lists without demonstrable rights;
• Send phishing, malware, fraudulent, or misleading content;
• Impersonate others or use deceptive sender identities;
• Attempt to damage, overload, or interfere with the Services or other users' accounts;
• Circumvent, probe, or bypass any security, rate, or abuse-control measures;
• Use the Services for any unlawful purpose or in any manner that could damage our reputation.

7. Fees and Payment

• Plans: the Services are offered under subscription plans or usage-based pricing as displayed on our website. Prices may change over time with prior notice.
• Billing: fees are due in advance for the applicable billing period and are processed by our third-party payment processor.
• Automatic renewal: subscriptions renew automatically at the end of each billing period unless you cancel before the renewal date.
• Cancellation: you may cancel anytime through your dashboard. Your plan remains active until the end of the current billing period.
• Refunds: except as required by law, fees are non-refundable. We may, at our discretion, offer credits or refunds in cases of service failure.
• Taxes: you are responsible for all taxes associated with your use of the Services, excluding taxes based on our net income.
• If fees are not paid when due, we simply limit the account to free-tier features until the subscription is brought back up to date. We do not suspend or terminate accounts for non-payment.

8. Connected Email Accounts

• To send email, you connect one or more email accounts. When you connect an account via OAuth (Gmail, Google Workspace, Outlook), we access that account only to the extent necessary to provide the Services, under the permissions you grant.
• When you connect a Gmail account, our use of data received from Google APIs complies with the Google API Services User Data Policy including its Limited Use requirements, as described in our Privacy Policy.
• You are responsible for the configuration and sending limits of your Connected Accounts and for complying with the provider's terms of service.
• If a Connected Account is suspended or discontinued by its provider, we are not liable for resulting disruptions.

9. Recipient Data

• Your data: Recipient Data you import remains yours. You are the data controller of that data, and we act as a processor on your behalf.
• Processing: we process Recipient Data solely to provide the Services to you: sending campaigns, detecting replies, verifying addresses, and reporting analytics.
• Representations: you represent that you hold Recipient Data lawfully and have any necessary rights, permissions, and lawful bases to process it, including contacting recipients via ColdPilot.
• Sensitive data: you will not upload sensitive or special-category personal data (e.g., health, biometric, or government identifiers) without our prior written consent.
• Deletion: you can delete Recipient Data from your dashboard at any time. After account closure, we will delete or anonymize Recipient Data within a reasonable period, subject to legal retention requirements.

10. Verification and Deliverability

• We provide tools such as email verification and warm-up to improve deliverability. These tools are provided on a best-efforts basis and we do not guarantee the accuracy of verification results.
• Deliverability depends on many factors outside our control, including the reputation of your domains, IPs, and Connected Accounts, and the practices of email providers and spam filters.
• You should validate important verification decisions with your own testing before relying on them.

11. Third-Party Services

• The Services may integrate with or rely on third-party providers (e.g., email delivery infrastructure, payment processors, verification services, and AI providers).
• We are not responsible for the availability, functionality, or policies of third-party services, except as required by law or as expressly agreed with the relevant provider.
• Your use of any third-party services through our platform is subject to those providers' own terms and policies.

12. Intellectual Property

• Our IP: the Services, including all software, design, text, graphics, logos, documentation, and underlying technology, are owned by ColdPilot or its licensors and are protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Services for your internal business purposes, subject to these Terms.
• Your IP: you retain all rights to your Campaign content and your Recipient Data. By using the Services, you grant us a limited license to process, store, and transmit that data solely to provide the Services.
• Feedback: if you provide us with suggestions, ideas, or feedback, you grant us a perpetual, irrevocable, non-exclusive license to use them without obligation to you.
• You may not copy, modify, reverse engineer, resell, or create derivative works of the Services, except as permitted by law or with our prior written consent.

13. Confidentiality

Each party will protect the other's Confidential Information (non-public business, technical, or commercial information disclosed in connection with the Services) using reasonable care, and will not disclose it except to personnel bound by confidentiality obligations or as required by law. This obligation survives termination of these Terms.

14. Privacy

Our collection and use of personal data is described in our Privacy Policy, which forms part of these Terms. By using the Services, you acknowledge that you have read and understood the Privacy Policy.

15. Suspension and Termination

• By You: you may terminate your Account at any time from your dashboard or by contacting us.
• By Us: we may suspend or terminate your Account if you breach these Terms, the Acceptable Use Policy, or Applicable Law; if we suspect abuse, fraud, or unauthorized activity; or as required by law.
• Effect: upon termination, your access to the Services ceases. We will delete or anonymize your data within a reasonable period, subject to legal retention obligations.
• We will make reasonable efforts to notify you before terminating a non-urgent account.

16. Availability

We aim to provide reliable service but do not guarantee uninterrupted or error-free availability. Periodic maintenance, upgrades, or events outside our control may cause downtime. Except as required by law, we are not liable for damages arising from service interruptions.

17. Disclaimers

• The Services are provided “as is” and “as available” without warranties of any kind, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, non-infringement, or results.
• We do not warrant that the Services will meet your requirements, operate without interruption, or that results (including deliverability, reply rates, or verification accuracy) will be as expected.
• To the maximum extent permitted by law, we disclaim all liability arising from the sending of email by you, including any recipient complaints or legal claims relating to your outreach.

18. Limitation of Liability

• To the maximum extent permitted by law, ColdPilot's aggregate liability for all claims arising out of or relating to these Terms or your use of the Services is limited to the amounts you paid to us in the twelve (12) months preceding the event giving rise to the claim.
• In no event will ColdPilot be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, data, goodwill, or business opportunities, even if advised of the possibility of such damages.
• To the extent applicable law does not permit these limitations, liability will be limited to the maximum extent permitted.

19. Indemnity

You will defend, indemnify, and hold harmless ColdPilot and its officers, directors, employees, and agents from and against any claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to: (a) your use of the Services; (b) your Campaigns or Recipient Data; (c) your breach of these Terms or the Acceptable Use Policy; or (d) your violation of Applicable Law or the rights of any third party.

20. Changes to These Terms

We may update these Terms from time to time. Material changes will be announced by email or prominent notice on our website at least thirty (30) days before they take effect unless a change is required by law or in an emergency. Continued use of the Services after changes take effect constitutes acceptance of the updated Terms.

21. Dispute Resolution

• We encourage you to contact us first at [email protected] to resolve any concern informally.
• Where permitted by law, disputes will be resolved individually (no class actions), by negotiation, and if unresolved, in the courts of the jurisdiction set out below, consistently with the governing-law provision.

22. Governing Law

These Terms and any disputes arising out of or relating to them will be governed by and construed in accordance with the laws of the Federal Republic of Nigeria, without regard to its conflict-of-law principles. Any legal action arising out of these Terms will be brought in the courts located in Ibadan, Oyo State, and the parties consent to the exclusive jurisdiction of those courts, subject to applicable consumer protections required by law.

23. General Terms

• Entire agreement: these Terms, together with the Privacy Policy and Acceptable Use Policy, constitute the entire agreement between you and ColdPilot regarding the Services.
• Severability: if any provision is held invalid or unenforceable, the remainder will continue in full force and effect.
• Waiver: our failure to enforce a provision is not a waiver of that provision.
• Assignment: you may not assign your rights under these Terms without our prior written consent; we may assign our rights in connection with a business transfer.
• No agency: nothing in these Terms creates a partnership, agency, or employment relationship.
• Notices: we may provide notices to you by email to the address on your Account or by posting on the website.

24. Contact

Questions about these Terms? Contact us at [email protected].