Terms & Conditions

These Terms & Conditions ("Terms") form a binding legal agreement between you ("you," "your," or "Customer") and ColdDMs Pro ("ColdDMs Pro," "we," "us," or "our") governing your access to and use of our website, web application, browser extension, dashboards, marketplace, APIs, content, and any related products or services (collectively, the "Service").

By creating an account, clicking "I agree," installing the extension, or otherwise accessing the Service, you confirm that (a) you are at least 18 years old and have the legal capacity to enter into this agreement; (b) if you act on behalf of an entity, you have authority to bind that entity, and "you" includes that entity; (c) you are not barred from receiving the Service under the laws of any applicable jurisdiction; and (d) you accept these Terms, our Privacy Policy, and any order forms, plan descriptions, or supplemental policies referenced here.

Legal notices to ColdDMs Pro must be sent to hello@colddmspro.com with the subject line "Legal Notice." Notices to you may be sent to the email address on file or posted in-product, and are effective when sent or posted. You are responsible for keeping your account information accurate.

ColdDMs Pro provides software tools that help users plan, send, and manage outreach workflows on social platforms, along with related CRM, analytics, AI, and marketplace functionality. The Service is offered as software-as-a-service; we may, at our discretion, add, modify, deprecate, or remove features, impose usage or rate limits, throttle activity that risks abuse, and adjust technical requirements to maintain security, compliance, performance, or service quality.

You must provide accurate and current registration information and promptly update it. You are responsible for all activity that occurs under your account, including by authorized users and anyone using your credentials, and for the security of credentials, API keys, session cookies, and connected devices.

• Use strong, unique credentials and enable multi-factor authentication where available.
• Do not share account access, seats, or licenses beyond the entitlements of your plan.
• Notify us promptly of any unauthorized access, suspected compromise, or breach.
• You are responsible for end-user conduct on your account and for all charges incurred.

You are solely responsible for your outreach campaigns, target lists, message content, consent records, and compliance with all applicable laws and the rules of any platform you interact with. You agree not to use the Service to:

• Violate any law, regulation, court order, or third-party right, including the GDPR, UK GDPR, CCPA/CPRA, CAN-SPAM, CASL, TCPA, e-Privacy rules, telemarketing rules, advertising standards, or consumer-protection laws.
• Send spam, unsolicited bulk messages, harassment, threats, sexually explicit or hateful content, or content that promotes self-harm, violence, or illegal activity.
• Make deceptive, misleading, fraudulent, defamatory, or unfair statements, or impersonate any person or entity.
• Distribute malware, ransomware, viruses, or other harmful code; phish for credentials; or facilitate account takeover.
• Infringe or misappropriate intellectual property, privacy, publicity, trade-secret, confidentiality, or other rights.
• Scrape, harvest, or aggregate data in violation of platform terms; circumvent authentication, captchas, rate limits, or technical safeguards; or attempt to reverse-engineer, decompile, or disassemble the Service except where applicable law expressly permits.
• Stress-test, probe, or interfere with the integrity, security, or performance of the Service or any connected systems.
• Use the Service to compete with us, build a substantially similar product, train competing AI/ML models, or benchmark for public release without our prior written consent.
• Resell, sublicense, time-share, or make the Service available to any third party except as expressly permitted by your plan.
• Process information about individuals located in jurisdictions where you lack a lawful basis to do so.

We may, but are not obligated to, monitor activity, investigate violations, remove content, throttle or suspend functionality, and cooperate with law enforcement, in each case to the extent permitted by law.

The Service may interact with third-party platforms, services, and APIs that we do not own or control, including Meta/Instagram, X, payment networks, AI providers, and analytics tools. ColdDMs Pro is not affiliated with, sponsored by, or endorsed by these platforms unless expressly stated. You are responsible for compliance with all third-party terms, automation rules, and rate limits. We do not guarantee, and are not responsible for, the availability or behavior of any third-party platform, and we are not liable for restrictions, suspensions, bans, content removal, shadow bans, deliverability issues, account loss, follower loss, data loss, or any other enforcement action imposed by any third-party platform on you, your accounts, or accounts you purchase, lease, or operate through the Service or our marketplace. Use of the Service in connection with any third-party platform is at your sole risk.

As between you and ColdDMs Pro, you retain all rights, title, and interest in and to the content, contacts, messages, lists, and other data you upload, generate, or transmit through the Service ("Customer Data"). You grant ColdDMs Pro and its sub-processors a non-exclusive, worldwide, royalty-free, sublicensable license to host, copy, transmit, display, process, and create technical modifications of Customer Data solely as necessary to (a) provide, secure, and support the Service; (b) prevent and address fraud, abuse, and violations; (c) comply with law; and (d) generate aggregated, de-identified, or statistical data that does not identify you or any individual, which we may use for any lawful business purpose.

You represent and warrant that (i) you own or have all rights, consents, permissions, and lawful bases necessary to upload and process Customer Data through the Service; (ii) Customer Data and your use of the Service do not violate any law or third-party right; and (iii) you have provided all required notices and obtained all required opt-ins/opt-outs from data subjects.

Certain features use artificial-intelligence and machine-learning systems to generate suggested drafts, replies, summaries, or insights ("AI Output"). AI Output may be inaccurate, incomplete, biased, or offensive, and is generated based on probabilistic models, not human judgment. You are solely responsible for reviewing AI Output before sending or relying on it, for ensuring it complies with applicable laws and platform rules, and for the consequences of using it. To the maximum extent permitted by law, we disclaim all warranties and liability related to AI Output.

If the Service provides a marketplace or facilitates the purchase, sale, transfer, or rental of digital assets, accounts, or services from us or third parties, you understand that such transactions are entered into at your own risk and may be subject to additional terms presented at the point of purchase. Unless expressly stated otherwise, we act solely as a technology provider and not as a party to transactions between buyers and sellers. We make no representation about the quality, legality, longevity, or platform-compliance of any listed asset, and we are not responsible for any restriction, ban, suspension, or loss of value affecting any asset. All sales are final unless otherwise stated and required by law.

Paid plans are billed in advance on a recurring basis (monthly, annually, or as specified at checkout) and renew automatically for successive periods of the same length until canceled. By providing a payment method and subscribing, you authorize us and our payment processors to charge that method (and any updated payment method, including via card-account updater services) for all applicable fees, taxes, and renewals. You must keep your payment information current.

• Prices, features, packaging, plan limits, and trial terms may change with reasonable advance notice; changes apply at the start of the next renewal term.
• Failed or disputed payments may result in suspension, downgrade, or termination of access until amounts are paid in full, and we may charge interest at the lesser of 1.5% per month or the maximum rate permitted by law, plus reasonable collection costs.
• Taxes, duties, withholding, foreign-exchange fees, and similar charges are your responsibility unless we are legally required to collect them.
• If you initiate a chargeback or payment reversal that we determine is invalid, we may suspend your account, charge an administrative fee, and recover the disputed amount and costs.
• Promotional offers, trial credits, and discounts are non-transferable and may be revoked for misuse.

You may cancel at any time from your account settings. Cancellation stops future renewals; it does not entitle you to a refund for the current term or any unused portion. Except where required by mandatory consumer-protection law, all fees paid are non-refundable, including for partial-period use, downgrades, unused features, paused accounts, dissatisfaction, platform bans affecting your use of the Service, or termination for breach. If a refund is legally required, it will be issued via the original payment method.

Each party may receive non-public information of the other party ("Confidential Information"). The receiving party will (a) use the same degree of care it uses to protect its own confidential information of similar importance, but no less than reasonable care; (b) use Confidential Information only to perform under these Terms; and (c) not disclose Confidential Information except to employees, affiliates, contractors, and advisors with a need to know and under confidentiality obligations no less protective than these Terms. Confidential Information excludes information that is publicly known, independently developed, lawfully received from a third party, or required to be disclosed by law (with reasonable prior notice where permitted).

ColdDMs Pro and its licensors retain all rights, title, and interest in and to the Service, including all software, code, models, designs, user interfaces, documentation, content (excluding Customer Data), trademarks, logos, look and feel, and all enhancements, updates, and derivative works thereof. Subject to your compliance with these Terms and payment of applicable fees, ColdDMs Pro grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Service for your internal business purposes during your subscription term. No other rights are granted by implication, estoppel, or otherwise.

Features marked "beta," "preview," "alpha," "experimental," or similar are provided "as is," without any warranty, support, SLA, or liability, and may be modified or discontinued at any time. Use of beta features is at your own risk. If you provide suggestions, feedback, or ideas about the Service ("Feedback"), you grant ColdDMs Pro a perpetual, irrevocable, worldwide, royalty-free, sublicensable license to use, modify, and exploit Feedback for any purpose, without any obligation or compensation to you.

We aim for reliable service but do not guarantee uninterrupted, timely, secure, or error-free operation. The Service may be unavailable due to scheduled or emergency maintenance, third-party outages, internet failures, force-majeure events, security incidents, or platform changes. Unless a written service-level commitment is provided in a separately executed order form, the Service is provided without an SLA, and downtime does not entitle you to credits or refunds.

We respect intellectual-property rights. If you believe content on the Service infringes your copyright, send a notice to hello@colddmspro.com including: (1) your physical or electronic signature; (2) identification of the copyrighted work claimed to have been infringed; (3) identification of the allegedly infringing material and its location with enough detail to find it; (4) your contact information; (5) a statement that you have a good-faith belief that the use is not authorized; and (6) a statement, under penalty of perjury, that the information in your notice is accurate and that you are the rights holder or authorized to act on its behalf. We may remove allegedly infringing content and terminate the accounts of repeat infringers in appropriate circumstances.

To the maximum extent permitted by applicable law, the Service, AI Output, marketplace listings, and all content are provided "as is" and "as available," with all faults and without warranties of any kind, express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title, accuracy, quiet enjoyment, non-infringement, and any warranties arising from course of dealing, usage, or trade practice. We do not warrant that the Service will meet your requirements, be uninterrupted, secure, or error-free, or that defects will be corrected. We make no guarantee regarding business results, response rates, deliverability, revenue, followers, engagement, reputation, or the safety or longevity of any account you connect, purchase, or operate. Any actions you take based on information or outputs from the Service are at your own risk.

To the maximum extent permitted by law, ColdDMs Pro, its affiliates, and their respective officers, directors, employees, agents, and licensors will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, savings, followers, goodwill, reputation, data, or business opportunity, in each case whether or not foreseeable and regardless of the theory of liability (contract, tort, negligence, strict liability, or otherwise).

Our total aggregate liability for all claims arising out of or relating to these Terms or the Service will not exceed the greater of (a) the total amounts you paid us for the Service in the twelve (12) months immediately preceding the event giving rise to the first claim, or (b) one hundred U.S. dollars (USD $100). These limitations apply even if a remedy fails of its essential purpose. Some jurisdictions do not allow exclusion of certain warranties or limitations on liability, so some of the above limitations may not apply to you; in such jurisdictions, our liability is limited to the maximum extent permitted by law.

You will defend, indemnify, and hold harmless ColdDMs Pro and its affiliates, officers, directors, employees, agents, licensors, and service providers from and against any and all third-party claims, liabilities, damages, fines, penalties, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) Customer Data and your campaigns, messages, and recipients; (c) your breach of these Terms or any representation, warranty, or covenant; (d) your violation of any law, regulation, platform term, or third-party right (including privacy, publicity, intellectual property, and anti-spam laws); (e) any dispute between you and a third party, including platform enforcement actions or marketplace counterparties; and (f) tax, withholding, or similar obligations that are your responsibility. We may, at our option, assume the exclusive defense and control of any matter subject to indemnification, and you will cooperate as reasonably required.

We may suspend, limit, or terminate your access to the Service, in whole or in part, immediately and without liability, if we reasonably believe that (a) you have breached these Terms; (b) your use creates legal, security, abuse, fraud, reputational, or operational risk; (c) a third-party platform, payment processor, regulator, or law-enforcement authority requires it; or (d) continued provision is no longer commercially reasonable. We may also terminate for convenience on reasonable notice. Upon termination, your right to use the Service ends; we may delete or de-identify Customer Data per our Privacy Policy and applicable law; and accrued payment obligations and any provisions that by their nature should survive termination (including Sections 07, 12–14, 17–25) will survive.

Please read carefully — this section affects your legal rights.

Informal resolution. Before initiating any formal dispute, you and ColdDMs Pro agree to attempt to resolve the dispute informally for at least sixty (60) days by sending a written notice describing the dispute, the relief sought, and your contact information to hello@colddmspro.com.

Binding arbitration. Except as expressly excluded below, any dispute, claim, or controversy arising out of or relating to these Terms or the Service (including its formation, performance, breach, termination, enforceability, or scope) will be resolved by final and binding individual arbitration, rather than in court, before a single neutral arbitrator. Arbitration will be administered by a recognized arbitration provider (such as the American Arbitration Association under its Consumer or Commercial Arbitration Rules, JAMS, or another mutually agreed institution) and conducted in English. The seat of arbitration and venue will be the jurisdiction identified in Section 22, unless applicable consumer-protection law requires otherwise. Judgment on the award may be entered in any court of competent jurisdiction.

Class-action and jury-trial waiver. You and ColdDMs Pro agree to resolve disputes only on an individual basis and waive any right to participate in a class, collective, consolidated, mass, or representative action or arbitration, and waive any right to a trial by jury. The arbitrator may not consolidate more than one person's claims or preside over any form of representative or class proceeding. If a court finds this waiver unenforceable as to a particular claim or remedy, that claim or remedy (and only that claim or remedy) will be severed and heard in court, while the remaining claims proceed in arbitration.

Mass-filing procedure.If 25 or more similar arbitration demands are filed by or with the coordination of the same or coordinated counsel, the parties agree to apply the arbitration provider's mass-arbitration or batch protocols (where available) to promote efficient resolution.

Exclusions.Either party may (a) bring an individual action in small-claims court for disputes within that court's jurisdiction; (b) seek injunctive or equitable relief in any court of competent jurisdiction to protect intellectual-property or confidentiality rights; and (c) pursue any claim that cannot be arbitrated by law.

30-day opt-out. You may opt out of this arbitration agreement by emailing hello@colddmspro.com with the subject "Arbitration Opt-Out" within 30 days of first accepting these Terms, including your name, account email, and a clear statement that you opt out. Opting out will not adversely affect your relationship with us.

Time bar. Any claim arising out of or related to these Terms or the Service must be brought within one (1) year after the cause of action accrues, except where applicable law prohibits shortening the statutory limitations period.

These Terms are governed by the laws of the jurisdiction in which ColdDMs Pro is established, without regard to its conflict-of-laws principles, and excluding the United Nations Convention on Contracts for the International Sale of Goods. Subject to Section 21 and any mandatory consumer-protection rights you have under the law of your country of residence, the parties consent to exclusive jurisdiction and venue in the competent courts of that jurisdiction for any matter not subject to arbitration.

You may not access or use the Service in violation of any export-control, customs, or economic sanctions laws or regulations, including those of the United States, the European Union, the United Kingdom, and the United Nations. You represent and warrant that you are not (a) located in, organized under the laws of, or ordinarily resident in any country, region, or territory subject to comprehensive sanctions; or (b) on any restricted-party list (including the U.S. SDN List, EU consolidated list, or UK sanctions list). You will not provide access to or use of the Service to any such country, region, or person.

Neither party will be liable for any failure or delay in performance (other than payment obligations) caused by events beyond its reasonable control, including acts of God, natural disasters, fires, floods, epidemics, pandemics, war, terrorism, civil unrest, government action, labor disputes, internet or telecommunications failures, denial-of-service attacks, third-party platform outages, or failures of utilities or upstream service providers.

We may update these Terms from time to time. We will post the updated version with a revised "Last updated" date and, where changes are material, provide additional notice (such as by email or in-product notice). Updated Terms take effect upon posting or on the effective date stated. Your continued access to or use of the Service after the effective date constitutes acceptance of the updated Terms. If you do not agree, you must stop using the Service and may cancel your subscription.

Entire agreement. These Terms, the Privacy Policy, any order forms, and any supplemental policies referenced here constitute the entire agreement between you and ColdDMs Pro regarding the Service and supersede all prior or contemporaneous understandings.

Severability. If any provision is held invalid or unenforceable, it will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.

No waiver. Our failure to enforce any right or provision is not a waiver of that right or provision. Waivers are effective only if in writing and signed by an authorized representative.

Assignment. You may not assign or transfer these Terms or any rights or obligations, by operation of law or otherwise, without our prior written consent; any unauthorized assignment is void. We may freely assign these Terms, including in connection with a merger, acquisition, reorganization, financing, or sale of assets.

No third-party beneficiaries. These Terms do not create any third-party beneficiary rights.

Independent contractors. The parties are independent contractors; nothing in these Terms creates a partnership, joint venture, agency, fiduciary, or employment relationship.

Headings; interpretation.Headings are for convenience only and do not affect interpretation. "Including" means "including without limitation."

Electronic communications. You consent to receive communications from us electronically (email, in-product notice, or posting on the Service), and you agree that such electronic communications satisfy any legal requirement that communications be in writing.

U.S. government users.The Service is "commercial computer software" and "commercial computer software documentation." Use, duplication, or disclosure by the U.S. Government is subject solely to the rights provided in these Terms.

Questions about these Terms can be sent to hello@colddmspro.com.