Terms of Service

Last updated: March 6, 2026

1. Agreement to Terms

By accessing or using WarmySender ("Service," "we," "us," or "our") at warmysender.com, you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you may not access the Service.

These Terms apply to all visitors, users, and others who access or use the Service.

2. Description of Service

WarmySender is a B2B cold email outreach platform that provides:

3. Account Registration and Security

3.1 Account Creation

You must create an account using Replit authentication to use the Service. You are responsible for maintaining the confidentiality of your account credentials.

3.2 Accurate Information

You agree to provide accurate, current, and complete information during registration and keep it updated.

3.3 Account Security

You are responsible for all activities that occur under your account. Notify us immediately of any unauthorized use or security breach.

3.4 One Account Per User

Each user may maintain only one account. Creating multiple accounts to circumvent sending limits or other restrictions is prohibited.

4. Pricing and Billing

4.1 Subscription Plans

WarmySender offers monthly recurring subscription plans billed through Stripe. Subscriptions auto-renew at the end of each billing period unless canceled.

4.2 Payment Processing

All payments are processed securely through Stripe. By purchasing a plan, you agree to Stripe's terms of service. We do not store your payment card information.

4.4 Taxes

You are responsible for any applicable taxes based on your jurisdiction. Prices are in USD and do not include taxes unless stated otherwise.

5. Cancellation and Refund Policy

For full details, see our Cancellation & Refund Policy.

5.1 Subscription Cancellation

You may cancel your subscription at any time from your Billing page. Upon cancellation, your subscription remains active until the end of your current billing period. You retain full access to all features until that date. No partial refunds are issued for unused time. You may reactivate your subscription at any time before the billing period ends.

5.2 Subscription Start

All plans require payment at signup. Your subscription begins immediately and you gain instant access to all features included in your chosen plan.

5.4 Abuse Prevention

We reserve the right to deny refunds for accounts that violate our Acceptable Use Policy or show evidence of fraudulent activity.

6. Acceptable Use Policy

6.1 Permitted Use

WarmySender is intended for legitimate B2B cold email outreach. You agree to:

6.2 Prohibited Activities

You may NOT use WarmySender to:

6.3 CAN-SPAM Compliance

All emails sent through WarmySender must:

6.4 Consequences of Violation

Violation of this Acceptable Use Policy may result in immediate suspension or termination of your account without refund, and we may report illegal activity to law enforcement.

7. Email Account Connections

7.1 Authorization

By connecting email accounts to WarmySender, you grant us permission to send and receive emails on your behalf for warmup and campaign purposes.

7.2 Account Ownership

You represent that you own or have explicit permission to use all email accounts connected to WarmySender.

7.3 Provider Compliance

You are responsible for complying with your email provider's terms of service (Gmail, Outlook, etc.). WarmySender is not responsible if your email provider suspends or terminates your account.

7.4 Security

We encrypt IMAP/SMTP credentials using AES-256-GCM. OAuth tokens are stored securely and automatically refreshed. You may disconnect accounts at any time.

8. Sending Limits and Rate Limiting

8.1 Plan-Based Limits

Your monthly email quota is determined by your license tier. Attempting to exceed your quota will result in email sending being paused until your quota resets.

8.2 Warmup and Domain Limits

To protect deliverability, we enforce mailbox-level and domain-level sending limits based on warmup mode, domain age, and performance metrics. These limits are designed to prevent spam classification.

8.3 Quota Resets

Monthly quotas reset on the 1st of each month at 00:00 UTC.

9. Data Ownership and Privacy

9.1 Your Data

You retain all rights to your prospect lists, email templates, campaign content, and other data you upload to WarmySender.

9.2 Our Use of Data

We use your data only to provide the Service as described in our Privacy Policy. We do not sell your data to third parties.

9.3 Data Export

You may export your data at any time through the Service. Upon account deletion, we will delete your data within 30 days, except where required by law.

10. Intellectual Property

10.1 Service Ownership

WarmySender and its original content, features, and functionality are owned by WarmySender and are protected by international copyright, trademark, and other intellectual property laws.

10.2 License to Use

We grant you a limited, non-exclusive, non-transferable license to use the Service in accordance with these Terms. This license terminates if you violate these Terms.

10.3 Trademarks

WarmySender's name, logo, and related marks are trademarks. You may not use these without our prior written permission.

11. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

We do not guarantee specific open rates, reply rates, or inbox placement percentages.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WARMYSENDER SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID FOR YOUR LICENSE IN THE PAST 12 MONTHS, OR $100, WHICHEVER IS GREATER.

13. Indemnification

You agree to indemnify, defend, and hold harmless WarmySender, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

14. Account Termination

14.1 Termination by You

You may delete your account at any time from your account settings. Upon deletion, your access will be terminated immediately, and your data will be deleted within 30 days.

14.2 Termination by Us

We may suspend or terminate your account immediately, without notice, if you:

14.3 Effect of Termination

Upon termination, your license to use the Service immediately ends. Termination for violation of these Terms does not entitle you to a refund.

15. Changes to Service

We reserve the right to modify, suspend, or discontinue any part of the Service at any time. We will make reasonable efforts to notify users of significant changes.

16. Changes to Terms

We may update these Terms periodically. We will notify you of material changes by email or prominent notice on the Service at least 30 days before they take effect. Continued use after changes constitutes acceptance of the updated Terms.

17. Governing Law and Dispute Resolution

17.1 Governing Law

These Terms are governed by applicable laws, without regard to conflict of law principles.

17.2 Arbitration

Any dispute arising from these Terms shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. You waive your right to a jury trial.

17.3 Class Action Waiver

You agree to resolve disputes on an individual basis only and waive your right to participate in class actions or class arbitrations.

18. Miscellaneous

18.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and WarmySender.

18.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full effect.

18.3 No Waiver

Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

18.4 Assignment

You may not assign or transfer these Terms without our consent. We may assign these Terms without restriction.

18.5 Force Majeure

We are not liable for any delay or failure to perform due to causes beyond our reasonable control, including acts of God, war, terrorism, pandemics, or infrastructure failures.

19. Contact Information

If you have questions about these Terms of Service, contact us at:

WarmySender
Email: legal@warmysender.com
Support: hello@warmysender.com
Website: warmysender.com

Acknowledgment: By using WarmySender, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy.