Terms of Service

Last updated: 28 Sept 2025

These Terms of Service (“Terms”) govern access to and use of ColdOpener (the “Service”). By using the Service, you agree to these Terms. If you do not agree, do not use the Service.

1) What the Service does

ColdOpener is a software-as-a-service platform for generating personalised cold emails (and opening lines) using AI. Users can upload lead data and may connect their own email providers to send messages.

2) Who may use it

  • 18+ only and for business/internal business use.
  • You must have authority to bind your organisation.

3) Your account

Keep your credentials confidential and your details accurate. You’re responsible for all activity under your account.

4) Plans and payments

You may purchase subscription plans. Plans include monthly usage limits for generating/sending emails. If a plan includes auto-renew, it will renew at the end of each billing cycle until you cancel in your dashboard. Payments are processed by a third-party provider (e.g., Stripe). Failed payments may suspend access.

5) Cancellations & refunds

Cancel any time in your dashboard; access continues until the end of the paid period. All sales are final (no refunds) except where required by law or for confirmed duplicate billing/clear technical error at our sole discretion.

6) Acceptable use (no spam)

You must comply with all applicable laws, including CAN-SPAM, GDPR/UK GDPR, PECR, and CASL. Do not send unsolicited bulk messages/spam, upload unlawful/harmful/infringing content, use email accounts you do not own or attempt to bypass security or rate limits. We may suspend/terminate for suspected abuse or legal risk.

7) AI & deliverability disclaimers

Content is AI-generated and provided as-is. You must review and approve all outputs before use. We do not guarantee deliverability, inbox placement, open/reply rates, or uninterrupted availability.

8) Third-party services

The Service may integrate with or rely on third parties (payments, hosting/CDN, email, AI models, analytics). Their terms apply to their services. We are not responsible for third-party content or policies.

9) Intellectual property

We (and our licensors) own the Service and related IP. We grant a limited, revocable, non-exclusive, non-transferable licence to use the Service during your paid term. You may not copy, modify, or create derivative works of the Service.

10) Feedback

If you provide feedback, you grant us a royalty-free, perpetual licence to use it without restriction.

11) Disclaimers

The Service is provided “as is” and “as available.” To the fullest extent permitted by law, we disclaim all warranties (express or implied), including merchantability, fitness for a particular purpose, and non-infringement.

12) Limitation of liability

We are not liable for any indirect, special, incidental, consequential, exemplary, or punitive damages, or any loss of profits, revenue, data, goodwill, or business interruption. Our total aggregate liability is capped at fees paid in the preceding six (6) months. Claims must be brought within six (6) months.

13) Indemnity

You will indemnify and hold us harmless from claims arising from your content, your use of the Service, or your breach of these Terms or applicable law.

14) Suspension/termination

We may suspend or terminate your access if we reasonably believe you breached these Terms, the law, or pose risk to the Service or others.

15) Changes

We may modify the Service or these Terms. If changes are material, we’ll notify you (e.g., in-app or on our site). Continued use constitutes acceptance.

16) Disputes; governing law

Informal resolution: 30-day good-faith negotiations. Arbitration: binding arbitration in Melbourne, Victoria, Australia. Governing law: laws of Victoria, Australia.

17) Contact

Email: legal@coldopener.com