GENERAL INFORMATION
Introduction
These Terms of Service (“Terms,” “Terms of Service”) govern your use of our website(s) located at https://coldbean.ai (and any associated subdomains) operated by Coldbean Inc. (“Company,” “Service,” “we,” “our,” “us”). These Terms constitute a legally binding agreement between you (“you,” “User,” “customer”) and Coldbean Inc.
Our Privacy Policy explains how we collect, safeguard, and disclose information resulting from your use of our web pages and associated services. Please read both these Terms and our Privacy Policy carefully (collectively, the “Agreements”). By accessing or using our Service, you acknowledge that you have read and understood the Agreements, and agree to be bound by them.
If you do not agree with the Agreements, you must not (and do not have our permission to) use the Service.
These Terms apply to all visitors, users, and others who wish to access or use the Service.
We may modify these Terms, in whole or in part, at our sole discretion. We will post any updated version of these Terms on https://coldbean.ai or provide you notice by another reasonable method. Any changes will be effective immediately upon posting or our notifying you, unless otherwise indicated.
Communications
By creating an account on our Service, you agree to subscribe to newsletters, marketing or promotional materials, and other information we may send. You may opt out of receiving any or all communications from us by following the unsubscribe link in our emails or by emailing support@coldbean.ai.
PROHIBITED AND UNAUTHORIZED USE
You agree not to use the Service in any manner that violates our Acceptable Use policies or these Terms, or for any unlawful or prohibited purpose. Specifically, you will not:
Directly or indirectly reverse engineer, decompile, disassemble, or otherwise attempt to uncover or discover the source code or underlying structure of the Service, any software, documentation, or data related to the Service.
Modify, translate, or create derivative works based on the Service (except to the extent expressly permitted by us).
Remove any proprietary notices or labels from our materials.
Use the Service if prohibited by law in your jurisdiction.
Use the Service if your communications or data are subject to laws such as HIPAA, FISMA, or any other regulation for which our Service is not designed.
No Sensitive Information
The Service is not designed to process Sensitive Information. You agree not to use the Service to collect or process any information that requires special handling under applicable laws (e.g., health data, financial data, or similarly protected information). We disclaim any liability that may result if you use the Service to process Sensitive Information.
Customer Responsibilities
To fully benefit from the Service, you may need to provide certain resources and efforts on your end (e.g., a project manager, technical resource, etc.). You are responsible for creating sales personas, setting up and monitoring email campaigns, warming up and adding mailboxes, verifying contact details, and integrating our Service with other sales/marketing systems as needed.
FEES AND SUBSCRIPTION
Free Trial
Coldbean Inc. may offer a free trial period (“Free Trial”) at our sole discretion. We may require billing information to begin a Free Trial. If you do not cancel before the Free Trial ends, you may be charged the applicable subscription fees at the start of the billing cycle following the Free Trial. We reserve the right to modify or cancel the Free Trial at any time without notice.
Purchases
When you purchase products or services (“Purchase”) through our Service, you may be required to supply certain information (e.g., credit card number, billing address). Payments may be processed by third-party providers (e.g., Stripe, PayPal). You assume all risk arising from your use of these third-party services.
You represent that (i) you have the legal right to use any payment method provided, and (ii) the information you supply is true and correct. We may refuse or cancel your order if fraud or unauthorized or illegal transactions are suspected.
Fees and Subscription
Our Service may be provided on a subscription basis (“Subscription”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”), which may be monthly or annually, depending on your plan.
The subscription fee is fixed during the initial term unless you exceed usage limits, upgrade products, subscribe to additional features, or otherwise agree to fee changes. We may also adjust fees downward at our discretion.
At the end of each Billing Cycle, your Subscription will automatically renew under the same conditions unless you cancel it or we cancel it (see “Notice of Non-Renewal”). A valid payment method is required for recurring billing. If automatic billing fails, you must promptly pay all amounts due.
All fees are exclusive of taxes. You are responsible for paying taxes applicable to your use of the Subscription.
Fee Changes
We may modify Subscription fees at our sole discretion. Any fee change will be effective at the end of your then-current Billing Cycle. We will provide you with reasonable notice of any changes. Your continued use of the Service after the effective date constitutes your agreement to the changed fees.
TERM AND RENEWAL
Term and Renewal
Your initial subscription term is specified in your order form or subscription agreement (“Order”). Unless otherwise stated, your subscription automatically renews for successive periods equal to the initial term (or one year, whichever is shorter).
Notice of Non-Renewal
To prevent renewal, you must give written notice of non-renewal at least 10 days prior to the end of your current term. You may do this by emailing support@coldbean.ai or adjusting your auto-renew settings in your Coldbean account.
Early Cancellation
You may cancel your subscription early; however, no refunds will be provided for prepaid fees or unused Subscription periods. You must pay all unpaid fees through the end of your subscription term.
Termination for Cause
Either party may terminate for cause if the other party materially breaches this Agreement and fails to cure the breach within 30 days of receiving notice. We may also terminate immediately if you become bankrupt or insolvent, or if we determine you have acted in a manner harmful to us or our users.
Refunds
Except where required by law, Subscription fees are non-refundable.
SUSPENSION
Suspension for Prohibited Acts
We may suspend your access to the Service without notice if:
You use the Service in violation of any law or these Terms.
Your use of the Service results in excessive bounces, spam complaints, or repeated copyright/trademark infringement notices.
Suspension for Non-Payment
If you fail to pay amounts due, we may suspend your access after providing notice and giving you a grace period. If you dispute charges in good faith and cooperate to resolve the dispute, we will not suspend your account during that process.
Suspension for Present Harm
If your use of the Service (e.g., website denial of service attacks, security vulnerabilities, excessive bandwidth consumption) threatens our operations or other customers, we may suspend your access. We will attempt to limit the suspension to the problematic use only and promptly resolve the issues.
Effect of Termination or Expiration
Upon termination or expiration, you must stop using the Service. If you terminate for cause, we will refund any prepaid but unused fees. If we terminate for cause, you must pay all fees through the end of the term. Fees are otherwise non-refundable.
CUSTOMER DATA
Customer’s Proprietary Rights
You retain all rights to any information you submit to the Service (“Customer Data”). We do not own your Customer Data. You grant us the right to use your Customer Data to provide the Service and as permitted by these Terms. You represent that you have all necessary rights to use the Service on behalf of any entity you represent.
Data Practices and Machine Learning
We may collect data about how you and your users interact with our Service. We may use Customer Data for machine learning to enhance and develop the Service. You may opt out by contacting support@coldbean.ai.
ACCEPTABLE USE
Prohibited Email Actions
You may not use our Service to send spam or unsolicited messages in violation of CAN-SPAM or other applicable laws. Emails must not contain false or misleading information. Lists used for email campaigns must not be obtained through scrapers or other unauthorized methods.
Telephone, SMS, and Message Marketing
You must comply with all telemarketing and privacy laws, including TCPA in the U.S. You also must comply with carrier compliance obligations for SMS and telephony.
No Disruption
You agree not to:
Attack, disrupt, or interfere with the Service or another’s property.
Launch any automated system that sends more requests to our servers than humanly feasible.
Attempt unauthorized access to the Service or user accounts.
Share unique login credentials among multiple users.
Use the Service to harm or endanger others’ operations or to cause blacklisting of Coldbean’s IP addresses or domains.
Proper Usage of the Service
You will adhere to any Service Limits or usage policies we publish. You will not use the Service to share content that is threatening, hateful, defamatory, invasive of privacy, fraudulent, infringing on intellectual property, or otherwise illegal under applicable laws. We reserve the right to terminate accounts engaged in prohibited activities.
Restricted Industries
We reserve the right to prohibit or discontinue use of the Service if you operate in certain high-risk industries (e.g., cryptocurrency, gambling, multi-level marketing) that may generate high abuse complaints.
ANALYTICS AND LLM USAGE
Analytics
We may employ third-party analytics providers (e.g., Google Analytics, Cloudflare) to monitor traffic and usage.
Large Language Models
We may use third-party LLM providers (e.g., OpenAI, Anthropic, Bard by Google) to provide portions of our Service. These providers may handle data according to their own Privacy Policies and Terms of Use, which you should review.
NO USE BY MINORS
You must be at least 18 years old to use this Service. By creating an account, you represent and warrant that you meet this age requirement.
Accounts
When creating an account, you must provide accurate, complete, and current information. You are responsible for safeguarding your account credentials. You must notify us immediately of any unauthorized account use.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.
INTELLECTUAL PROPERTY AND CONFIDENTIALITY
Intellectual Property
This Agreement grants you no license to our software. Coldbean Inc. retains all intellectual property rights in the Service and any related materials. You agree not to copy, rent, sell, or create derivative works of our materials without prior written consent.
Content
You may post or share content via the Service (“Content”). You must ensure that you own or have the rights to post such Content. We are not liable for user-generated Content. By posting Content, you grant us the right to use, perform, display, reproduce, and distribute it as necessary to operate the Service.
Confidentiality
Both parties agree to keep each other’s confidential information secret. Confidential information does not include information that is public, lawfully received from a third party, independently developed, or previously known without confidentiality obligations.
If compelled by law to disclose confidential information, we will notify the disclosing party if possible. Upon request, each party will return or destroy the other’s confidential information at the end of this Agreement.
COPYRIGHT POLICY
We respect the intellectual property rights of others. If you believe your copyrighted material is used on the Service in a way that constitutes infringement, please notify us at copyright@coldbean.ai.
Your notice must comply with the requirements of the Digital Millennium Copyright Act (DMCA).
ERROR REPORTING AND FEEDBACK
You may provide feedback, suggestions, or ideas to support@coldbean.ai. You agree that all feedback is non-confidential and we may use it without obligation or compensation to you.
LIABILITY
Links to Other Websites
Our Service may contain links to third-party websites. We do not control or endorse these websites and are not responsible for their content or practices. Your use of such links is at your own risk.
Disclaimer of Warranty
Our Service is provided “AS IS” and “AS AVAILABLE” without warranties of any kind. We disclaim any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant uninterrupted or error-free service.
Limitation of Liability
To the fullest extent permitted by law, Coldbean Inc. and its officers, directors, employees, and agents are not liable for any indirect, punitive, special, incidental, or consequential damages related to your use of the Service, even if we have been advised of the possibility of such damages. Our maximum liability is limited to the amount you paid for the Service in the twelve (12) months preceding the claim.
Indemnification
You agree to indemnify and hold us harmless from any third-party claims arising from:
(a) Your unauthorized or illegal use of the Service;
(b) Your breach of these Terms;
(c) Any use of the Service by others through your account if you failed to safeguard your account credentials.
We will promptly notify you of such claims and cooperate with you. You will not settle any claim imposing an obligation on us without our prior written consent.
GOVERNING LAW AND ARBITRATION
Governing Law
These Terms are governed by the laws of the State of Delaware, without regard to conflict of law provisions.
Arbitration, Class Action Waiver, and Applicable Law
Initial Dispute Resolution. If a dispute arises, we will attempt to resolve it informally. You agree to contact support@coldbean.ai to resolve any disputes before pursuing legal action.
Binding Arbitration. If we cannot resolve the dispute informally, either party may require arbitration administered by JAMS under its rules. The arbitrator’s decision will be final, and judgment may be entered in any court with jurisdiction.
Class Action Waiver. Claims must be brought individually, not as a plaintiff or class member in any class or representative action.
Exceptions. Claims related to intellectual property or small claims actions may be pursued in court.
Location and Jurisdiction. For residents outside the United States, arbitration shall be initiated in San Francisco County, California. For non-arbitrable claims, you consent to the jurisdiction of state or federal courts in San Francisco County, California.
MISCELLANEOUS
Entire Agreement. These Terms and any applicable Order Form constitute the entire agreement between you and Coldbean Inc. regarding our Service.
Publicity. We may identify you as a customer and use your logo unless you opt out by emailing support@coldbean.ai.
Force Majeure. We are not liable for delays caused by events beyond our reasonable control (e.g., natural disasters, civil unrest, telecommunication failures).
Changes and Amendments. We may amend these Terms at any time by posting updated Terms on our website. Your continued use of the Service indicates acceptance of the amended Terms.
Waiver and Severability. No waiver of any provision of these Terms is effective unless in writing. If any part of these Terms is held invalid, the remaining provisions remain enforceable.
Notices. Legal notices to us should be emailed to support@coldbean.ai or mailed to our physical address. We may send notices to you by email or another reasonable method.
CONTACT US
If you have any questions about these Terms, please contact us:
Email: support@coldbean.ai
Mail: Coldbean Inc.
126 Coopers Hawk Dr
Mechanicsburg, PA 17050
United States
@All rights reserved. Coldbean Inc. 2024
