Terms of Use

Read these Terms of Use ("Terms") carefully. The provision of information and services on mycoldinbox.com (the "Site") operated by MyColdInbox ("us", "we", or "our"), is conditioned upon your acceptance of and compliance with these Terms. If you do not agree to all the terms of the agreement, do not access or use any part of the MyColdInbox hosted service.

These Terms constitute an agreement ("Agreement") between MyColdInbox, operated by Clustox LLC ("Provider"), and you ("Customer"). Each party is individually referred to in this Agreement as a "Party" and collectively as the "Parties," as well as the unified team inbox and reply management services that we make available through the Site and all associated features, applications, and Content (as defined below) (collectively, the "Services").

These Terms may be updated periodically. Any changes will be posted on the Site, and we may, at our discretion, notify you via email or through an announcement on the Site if the changes significantly impact your rights. By continuing to use the Services after the updated Terms are published, you agree to the revised Terms.

Description of the Services

MyColdInbox connects multiple email accounts into a single shared workspace so that your team can read, assign, annotate, reply to, and track replies to your outbound email campaigns from one place.

MyColdInbox is not an email sending, sequencing, or campaign tool. We do not run outbound campaigns on your behalf. We do not provide a leads database, contact enrichment, or list building. The Services transmit email only when you or a member of your workspace composes and sends a reply through the Services. You remain solely responsible for the outbound campaigns you run using other tools, and for the lawfulness of those campaigns.

Accounts

By creating an account with us, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into this agreement. If you are using the Services on behalf of a company or other organization, you represent and warrant that you have authority to bind that organization to these Terms, and "Customer" refers to that organization.

You agree to provide accurate, complete, and current information when creating and maintaining your account, including but not limited to your name, email address, company name, billing information, Internet Protocol (IP) address, login credentials, and connected email account details.

You are responsible for keeping this information up to date at all times. We reserve the right to suspend or terminate your account if any information provided is inaccurate, incomplete, or outdated.

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized access or use of your account. We are not liable for any loss or damage arising from your failure to safeguard your account credentials.

You may not sell, transfer, or assign your account or any rights associated with it without our prior written consent.

We reserve the right, at our sole discretion, to suspend, restrict, or terminate your account, or refuse service, at any time, including where necessary to prevent misuse, investigate violations, or protect the integrity of the Service.

We may access and review your account and associated data as necessary to operate the Service, provide support, investigate complaints, enforce these Terms, or comply with legal obligations.

Workspaces, Team Members, and Roles

The Services are a collaborative product. Your account may include one or more workspaces, and you may invite team members to those workspaces and configure their roles and access to connected accounts.

You acknowledge and agree that:

• Message content, internal notes, thread assignments, statuses, and activity history within a workspace are visible to the members of that workspace in accordance with the roles and permissions you configure.
• You are solely responsible for configuring roles and permissions appropriately, for deciding which team members may access which connected mailboxes, and for promptly removing team members who should no longer have access.
• You are responsible for the acts and omissions of every person you invite to your workspace as if they were your own, including their compliance with these Terms.
• Workspace administrators may be able to view content and activity across all accounts connected to that workspace. If you connect a mailbox to a workspace, you are making its synced contents available to the other members of that workspace.
• Plan tiers limit the number of connected inboxes, client workspaces, and team members available to you. You agree not to circumvent these limits, including by sharing a single user login among multiple individuals.

Each team member must use their own individual login. Sharing a single set of credentials among multiple people is a breach of these Terms and may result in suspension.

Connected Email Accounts and Authorization

To use the Services, you connect one or more email accounts. Depending on the provider, connection is made either by supplying the mailbox address together with IMAP and SMTP server settings and an app password, or by authorizing our application through OAuth.

By connecting an email account, you grant us permission to access, read, sync, store, send, and update messages in that account solely for the purpose of providing the Services. This includes reading messages and metadata in order to present them in your unified feed, sending replies that you or your team members compose, and updating message state such as read status where you enable two-way sync.

You represent and warrant that:

• You own each mailbox you connect, or you have obtained all necessary authorization from the mailbox owner and from your organization to connect it and to make its contents available to the members of your workspace;
• You have provided any notice and obtained any consent required under applicable law from the individuals whose personal data is contained in those mailboxes;
• Your connection and use of each mailbox complies with the terms of service and acceptable use policies of the relevant email provider, including Google and Microsoft.

You may disconnect any account at any time. Disconnection stops all further access to that mailbox and deletes the stored credentials or tokens for it. Data already synced into your workspace is handled as described in our Privacy Policy.

We recommend using a provider-issued app password dedicated to MyColdInbox rather than your primary account password wherever your provider supports it. You are responsible for the security of the credentials you supply to us.

Agency and Client Use

If you use the Services to manage email accounts or replies belonging to your clients, you additionally represent and warrant that you have a written agreement with each client that authorizes you to connect their mailboxes to a third-party service, to access and process the contents of those mailboxes, and to permit your personnel to do the same.

As between you and us, you are the controller of all client data you bring into the Services, and you are solely responsible for your clients' compliance and for responding to any request, complaint, or claim raised by a client or by any individual whose data appears in a client mailbox. You agree to keep client workspaces properly segregated using the workspace features provided.

Customer Data and Usage

You retain all rights to any data, content, or information that you provide or make available through the Service, including message content synced from your connected mailboxes, internal notes, and workspace configuration ("Customer Data").

We do not sell your Customer Data to third parties. We only access, use, and process Customer Data as necessary to provide, maintain, and improve the Service. This may include, but is not limited to:

• connecting to and interacting with your connected email accounts,
• syncing, storing, threading, and displaying messages in your workspace,
• sending replies that you or your team members compose,
• providing customer support and resolving technical issues,
• investigating suspected abuse, security incidents, or violations of these Terms,
• improving system functionality, accuracy, and reliability using aggregated and de-identified data.

All access to Customer Data is limited to what is reasonably necessary for the operation of the Service and is handled in accordance with our Privacy Policy and applicable data protection standards.

We do not use the contents of your connected mailboxes for advertising, and we do not use them to train generalized or non-personalized artificial intelligence or machine learning models.

You may request the deletion of your Customer Data at any time by contacting us at support@mycoldinbox.com. Upon such request, we will take reasonable steps to delete your data, unless retention is required for legal, security, or operational purposes.

Your Outbound Sending and Anti-Spam Compliance

Because the Services manage replies to campaigns you send using other tools, you acknowledge and agree that:

• You are solely responsible for the lawfulness of your outbound email, including compliance with the CAN-SPAM Act, the Canadian Anti-Spam Legislation (CASL), the GDPR and UK GDPR, the ePrivacy Directive as implemented in relevant jurisdictions, and any other applicable marketing, privacy, or electronic communications law.
• You are solely responsible for having a lawful basis to contact your recipients and to process their personal data, and for honoring opt-out, unsubscribe, access, and deletion requests from those recipients.
• You will not use the Services in connection with campaigns sent to purchased, scraped, rented, or otherwise unlawfully obtained email lists.
• We make no representation that your use of the Services renders your outbound campaigns compliant with any law. The Services are a reply management tool and provide no legal, compliance, or deliverability guarantee.
• Replies you send through the Services must include any disclosures, identifications, and opt-out mechanisms required by applicable law.

You are responsible for any complaint, blocklisting, provider suspension, or deliverability consequence arising from your sending practices.

Acceptable Use and Prohibited Activities

You agree to use the Service only in compliance with all applicable laws, regulations, and third-party provider policies, including those of email service providers such as Google and Microsoft.

You may not use the Service for any unlawful, abusive, or fraudulent purpose, including but not limited to:

• Connecting any mailbox you do not own or are not authorized to connect;
• Using the Services to monitor, intercept, or read the email of any person without their knowledge and authorization, including employees, contractors, or family members;
• Using the Services in connection with unsolicited bulk email that violates applicable law;
• Using purchased, scraped, or unlawfully obtained email lists;
• Engaging in phishing, spoofing, business email compromise, or any deceptive practice;
• Misrepresenting your identity or impersonating another person or entity in replies sent through the Services;
• Using the Service to distribute malicious content, including malware or harmful links;
• Harvesting, exporting, or compiling the contact information present in connected mailboxes for resale or for any purpose unrelated to managing your own correspondence;
• Sharing a single user login among multiple individuals, or otherwise circumventing plan limits;
• Reverse engineering, decompiling, or attempting to extract the source code of the Service;
• Copying, reproducing, distributing, or creating derivative works based on the Service;
• Collecting or harvesting data from the Service by automated or unauthorized means, including scraping the application interface;
• Interfering with or disrupting the integrity, performance, or security of the Service, or attempting to gain unauthorized access to the Service, our systems, or related infrastructure;
• Using the Service in any manner that violates applicable laws or these Terms.

We reserve the right to monitor usage of the Service and to suspend or terminate your account at any time, without prior notice, if we determine, in our sole discretion, that your use violates these Terms, applicable laws, or may harm the integrity of the Service or its users.

Proprietary Rights

The Service, including all original content (excluding Customer Data and other user-provided content), features, functionality, design, text, graphics, logos, and software, is and will remain the exclusive property of Clustox LLC and its licensors. The Service is protected by copyright, trademark, and other applicable laws in both the United States and other countries.

Our trademarks, logos, and trade dress may not be used in connection with any product or service without our prior written consent.

Nothing in these Terms grants you any ownership interest in the Service or in our intellectual property. You are granted only a limited, non-exclusive, non-transferable, revocable right to access and use the Service in accordance with these Terms for the duration of your subscription.

If you provide us with feedback, suggestions, or feature requests, you grant us a perpetual, irrevocable, royalty-free license to use that feedback to improve the Service, without obligation to you.

Service Changes and Availability

The Services are under active development and are improved on an ongoing basis. You acknowledge and agree that:

• Features may be added, modified, or removed over time, and we may change how existing features work;
• The Services may be unavailable or interrupted from time to time, including for scheduled maintenance, emergency maintenance, or reasons outside our control;
• Sync delays, sync failures, and data loss are possible, and you should not rely on the Services as your sole or authoritative record of any correspondence. You remain responsible for retaining copies of anything you need in the underlying mailbox or elsewhere;
• Pricing, plan limits, and packaging may change, subject to the notice provisions set out under Pricing and Payment.

We reserve the right to update, modify, suspend, or discontinue any part of the Service at any time. Where we discontinue the Services entirely, we will provide reasonable advance notice and a means of exporting your Customer Data where technically feasible.

Service Reliability and Accuracy

We strive to provide a reliable and accurate Service; however, we do not guarantee that the Service will always be available, uninterrupted, secure, or free from errors.

The Service and all related information are provided on an "as is" and "as available" basis. We make no warranties or representations regarding the accuracy, completeness, timeliness, or reliability of any content or functionality, including the completeness or timeliness of message synchronization from your connected mailboxes.

You acknowledge that the Services depend on the availability of third-party email providers and their APIs and interfaces, and that provider outages, rate limits, policy changes, credential expiry, or authorization revocation may interrupt synchronization. We are not responsible for any missed, delayed, or unsynced message resulting from such causes, or for any commercial consequence of a missed reply.

Free Trial

We may offer a free trial period for new accounts. Unless stated otherwise at signup, trials do not require a payment method, provide full access to the applicable plan for the stated trial duration, and expire automatically at the end of that period.

At the end of a trial, your access to paid features will end unless you subscribe to a paid plan. We reserve the right to modify or withdraw trial availability, to determine trial eligibility in our sole discretion, and to terminate a trial account that we believe is being used abusively or to circumvent plan limits or payment obligations.

Pricing and Payment

The Services are offered on a subscription basis. Plan tiers, prices, and the limits applicable to each tier (including the number of connected inboxes, client workspaces, and team members) are as displayed on our pricing page and may be billed monthly or annually.

All fees are in US Dollars, are payable in advance, and are non-refundable except as expressly stated in these Terms or as required by law.

Payment terms:

• Subscription fees are charged in advance for each billing period and renew automatically at the then-current rate until cancelled.
• By subscribing, you authorize us and our payment processor to charge your payment method on a recurring basis for each renewal period.
• Annual plans are billed in full at the start of the annual term. Cancelling an annual plan mid-term does not entitle you to a refund of the unused portion.
• If a payment fails, we may retry the charge, restrict or suspend access to the Services, and ultimately terminate your subscription for non-payment.
• You are responsible for all taxes, duties, and levies applicable to your subscription other than taxes on our income.
• You are responsible for all fees and charges associated with your use of the Service in accordance with the pricing terms displayed on our website.

You may upgrade your plan at any time; upgrades take effect immediately and are charged on a prorated basis for the remainder of the current billing period. Downgrades take effect at the start of the next billing period. If a downgrade would place you over the limits of the lower tier, you must reduce your connected inboxes, workspaces, or team members accordingly before the downgrade takes effect; if you do not, we may restrict access to accounts or seats in excess of the limit.

We retain the right to refuse or cancel any order at our discretion, for reasons including, but not limited to: issues with product or service availability, inaccuracies in product or service descriptions or pricing, errors in your order, or suspected fraudulent, unauthorized, or illegal transactions.

We may change our prices or plan limits. Where we do, we will provide at least 30 days' notice before the change takes effect for your subscription, and the change will apply from your next renewal. Continuing to use the Services after that date constitutes acceptance of the revised pricing.

Subscription Cancellation Policy

Unless otherwise agreed to by the Parties, subscriptions are available on a month-to-month or annual basis. You may cancel your subscription at any time by logging into your account, navigating to the billing section, locating the subscription you wish to cancel, and clicking the cancel button. You may also cancel by contacting support at support@mycoldinbox.com for assistance in cancelling your subscription.

Cancellation takes effect at the end of your current billing period. You retain access to the Services until that date. The cancellation will be processed for the next scheduled bill date, and no refunds are provided for any charges incurred or processed prior to your cancellation.

Following cancellation, your Customer Data is retained and deleted in accordance with the retention periods described in our Privacy Policy. We recommend exporting anything you need before your access ends.

Termination

We reserve the right to suspend or terminate your account and restrict access to the Services at any time if we determine, at our sole discretion, that you have violated these Terms or engaged in any activity we deem unacceptable. We will provide 7 days' written notice and an opportunity to remedy any breach prior to termination, except in cases of fraud, illegal activity, unauthorized mailbox access, non-payment, or where immediate suspension is necessary to protect the Service, our other customers, or any third party.

You may terminate this Agreement at any time by cancelling your subscription and closing your account.

Upon termination, your right to access the Services ends immediately, connected mailboxes are disconnected, and stored credentials and tokens are deleted. If termination occurs as a result of your breach, you will not be eligible for any refund.

Any provisions of these Terms that, by their nature, are intended to survive termination will remain in effect, including but not limited to ownership rights, feedback license, payment obligations accrued prior to termination, warranty disclaimers, indemnification obligations, and limitations of liability.

Third Party Services

We use third-party services to operate the Service, including Stripe for payment processing, cloud infrastructure providers for hosting, and the email providers whose mailboxes you connect.

By submitting your payment information, you authorize us to share this information (including, without limitation, your credit card number, expiration date, billing address, and CVV) with our payment processor, in accordance with our Privacy Policy.

You also confirm and guarantee that:

• You have the legal authority to use the payment card information you are providing on the Site.
• The information you provide is accurate, complete, and correct.

Your use of third-party services is subject to their terms and conditions. Your continued ability to use the Services with a given mailbox depends on your compliance with that provider's terms, and a provider may revoke or restrict access independently of us. MyColdInbox is not responsible for third-party services, provider decisions, or disputes with third parties. We highly recommend that you review the terms and conditions and privacy policies of any third-party websites or services you access.

Indemnification

You agree to protect, compensate, and absolve MyColdInbox and Clustox LLC, along with their partners, employees, contractors, agents, officers, and directors, from any claims, damages, losses, liabilities, costs, or expenses (including reasonable legal fees) that arise from:

• Your use of the Services, whether by you or anyone using your account, workspace, or credentials;
• Any violation of these Terms;
• Any content you or your team members send, store, or post through the Services;
• Your connection of any mailbox you were not authorized to connect;
• Your outbound email campaigns and your compliance or non-compliance with anti-spam, marketing, and data protection law;
• Any claim brought by a client of yours, an employee of yours, or any individual whose personal data was processed through your workspace.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CLUSTOX LLC, DOING BUSINESS AS MYCOLDINBOX (“MYCOLDINBOX”), OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, LICENSORS, SERVICE PROVIDERS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, SALES, BUSINESS, BUSINESS OPPORTUNITIES, CUSTOMERS, CONTRACTS, ANTICIPATED SAVINGS, GOODWILL, REPUTATION, DATA, CONTENT, OR USE, ARISING OUT OF OR RELATING TO THE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MYCOLDINBOX SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE, CLAIM, OR LIABILITY ARISING OUT OF OR RELATING TO: (A) ANY FAILURE, INTERRUPTION, DELAY, ERROR, OUTAGE, OR UNAVAILABILITY OF THE SERVICES; (B) ANY EMAIL OR MESSAGE THAT IS MISSED, DELAYED, LOST, DUPLICATED, INCORRECTLY DISPLAYED, CLASSIFIED, PROCESSED, SENT, RECEIVED, OR SYNCHRONIZED; (C) ANY ACTION TAKEN OR NOT TAKEN IN RELIANCE ON THE SERVICES OR ANY AI-GENERATED, AUTOMATED, OR SUGGESTED CONTENT; (D) THE ACTS, OMISSIONS, AVAILABILITY, CHANGES, OR FAILURES OF THIRD-PARTY SERVICES, INCLUDING EMAIL PROVIDERS, APIs, ARTIFICIAL INTELLIGENCE PROVIDERS, HOSTING PROVIDERS, OR OTHER INTEGRATIONS; (E) UNAUTHORIZED ACCESS TO, USE OF, LOSS OF, OR ALTERATION OF DATA OR CONTENT, EXCEPT TO THE EXTENT LIABILITY CANNOT LAWFULLY BE EXCLUDED; OR (F) A USER'S FAILURE TO REVIEW, VERIFY, BACK UP, OR OTHERWISE TAKE APPROPRIATE ACTION REGARDING EMAILS, MESSAGES, AI-GENERATED CONTENT, OR OTHER INFORMATION PROVIDED THROUGH THE SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF MYCOLDINBOX AND CLUSTOX LLC ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS, UNDER ANY THEORY OF LIABILITY, SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT ACTUALLY PAID BY YOU TO MYCOLDINBOX FOR THE SERVICES DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) FIFTY U.S. DOLLARS (USD $50).

THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. NOTHING IN THESE TERMS EXCLUDES OR LIMITS ANY LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Disclaimer

Your use of the Services is at your sole risk. The Services are provided on an "AS IS" and "AS AVAILABLE" basis. The Services are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

MyColdInbox, Clustox LLC, their subsidiaries, affiliates, and licensors do not warrant that:

• The Services will function uninterrupted, secure, or available at any particular time or location;
• Any errors or defects will be corrected;
• Every message in a connected mailbox will be synchronized accurately, completely, or without delay;
• The Services are free of viruses or other harmful components;
• The results of using the Services will meet your requirements.

Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms, together with our Privacy Policy, constitute the entire agreement between us regarding our Services, and supersede and replace any prior agreements we might have had between us regarding the Services. We make no representation that any products, services, or information described or provided through the Site or Services are appropriate or available for use in locations outside the United States or all territories within the United States.

Changes to These Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. Changes to these Terms will be effective immediately upon posting on this page with an updated effective date. By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, you are no longer authorized to use the Services and should cancel your subscription and close your account.

Notifications, Inquiries, and Contact Details

You agree that we may give you notices or otherwise respond to you by mail, at your registered email address, through the Services, or in any other manner reasonably elected by us.

All legal notices to us must be sent to: Clustox LLC, 8 The Green, STE A, Dover, DE 19901, United States.

If you have a question regarding the Site or these Terms, you may contact us by sending an email to support@mycoldinbox.com. You acknowledge that customer service personnel cannot change or waive these Terms.