Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and FrostSender ("we," "our," or "us") governing your access to and use of the FrostSender website, applications, APIs, and services (collectively, the "Services"). By accessing, registering for, or using the Services in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not access or use the Services.

2. Eligibility

You must be at least 18 years of age and have the legal capacity to enter into this agreement. By using the Services, you represent and warrant that you meet these requirements, that all information you provide is accurate and complete, that you have the authority to bind any entity on whose behalf you are acting, and that your use of the Services will not violate any applicable law or regulation.

3. Description of Services

FrostSender provides cold email outreach infrastructure, including but not limited to email sending, sequence automation, lead management, analytics, deliverability tooling, and related features. The Services are provided as is and we reserve the right to add, remove, modify, or discontinue any feature at any time, without notice and without liability to you.

4. Accounts and Security

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account, whether or not authorized by you. You agree to notify us immediately of any unauthorized access. We are not liable for any loss or damage arising from your failure to comply with these obligations. We reserve the right to suspend or terminate accounts at our sole discretion.

5. Acceptable Use

You agree not to, and not to permit any third party to:

• Use the Services to send unsolicited bulk email, spam, or any communication in violation of applicable anti spam laws including the CAN SPAM Act, GDPR, CASL, CCPA, or any equivalent legislation in any jurisdiction.
• Send content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, fraudulent, deceptive, misleading, or otherwise objectionable.
• Use lists obtained without proper consent or by unlawful means including scraping, purchasing without verification, or any other source that does not establish a legitimate basis for contact.
• Impersonate any person or entity or misrepresent your affiliation with any person or entity.
• Send emails containing malware, phishing content, or links to malicious websites.
• Attempt to interfere with, disable, disrupt, or compromise the security or integrity of the Services.
• Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Services.
• Resell, sublicense, lease, or otherwise commercially exploit the Services without our express written consent.
• Use any robot, scraper, bot, or other automated means to access or interact with the Services beyond functionality we expressly provide.
• Circumvent any rate limits, sending caps, deliverability controls, or other technical restrictions.
• Use the Services in any manner that could damage, disable, overburden, or impair our infrastructure.

6. Email Compliance and User Responsibility

You acknowledge and agree that you are solely and exclusively responsible for the content of all emails sent through the Services, the lawfulness of your email campaigns, the accuracy and source of all recipient data you upload or import, the proper consent or legitimate interest basis for contacting each recipient, the inclusion of all legally required disclosures and unsubscribe mechanisms, the prompt processing of unsubscribe requests, and compliance with every law applicable to email marketing in every jurisdiction in which your recipients reside. FrostSender is not a sender, marketer, or controller of your campaigns. We act solely as a technology provider. You assume full responsibility for all consequences arising from your use of the Services, including spam complaints, regulatory actions, blacklisting, deliverability issues, recipient lawsuits, and reputational harm.

7. Intellectual Property

All content, features, functionality, software, designs, trademarks, service marks, logos, and other intellectual property of the Services are owned by FrostSender or our licensors and are protected by United States and international intellectual property laws. We grant you a limited, non exclusive, non transferable, revocable license to access and use the Services solely for their intended purpose, subject to these Terms. All rights not expressly granted are reserved. You may not copy, modify, distribute, sell, lease, or create derivative works of any part of the Services.

8. User Content

You retain ownership of content you submit, upload, or generate through the Services. By submitting any content, you grant FrostSender a limited, non exclusive license to use, store, process, transmit, and display such content solely as necessary to provide the Services to you (for example, to deliver your campaign messages, render them in your dashboard, and produce delivery analytics for your own use). FrostSender does not use Gmail message content, content received via Google APIs, or recipient personal data to train, develop, or improve any artificial intelligence or machine learning model. You represent and warrant that you own or have all necessary rights to the content you submit and that such content does not violate any law or third party right.

9. Indemnification

You agree to indemnify, defend, and hold harmless FrostSender, its parents, subsidiaries, affiliates, officers, directors, employees, contractors, agents, licensors, and partners from and against any and all claims, demands, actions, losses, liabilities, judgments, settlements, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: your access to or use of the Services; your violation of these Terms; your violation of any law, regulation, or third party right; any content you submit, send, or receive through the Services; your email campaigns and the recipients thereof; any disputes with third parties including recipients, regulators, or competitors; and any claim that your activity caused damage to a third party. This indemnification obligation survives termination of these Terms.

10. Disclaimers

The services are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied. To the maximum extent permitted by applicable law, FrostSender expressly disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, non infringement, accuracy, and any warranties arising out of course of dealing or usage of trade. We do not warrant that the services will be uninterrupted, timely, secure, or error free, that defects will be corrected, that the services will meet your requirements, that any emails will be delivered or reach the inbox, that any specific results will be achieved, that any data will be accurate or reliable, or that the services are free from viruses, malware, or other harmful components. Your use of the services is entirely at your own risk.

11. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall FrostSender, its parents, subsidiaries, affiliates, officers, directors, employees, contractors, agents, licensors, suppliers, or partners be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to damages for loss of profits, revenue, business, goodwill, use, data, or other intangible losses, regardless of legal theory and whether or not we were advised of the possibility of such damages. Without limiting the foregoing, FrostSender shall not be liable for any damages arising from email deliverability issues, spam complaints, blocklisting, blacklisting, regulatory action, recipient claims, account suspension by email providers, loss of sender reputation, business interruption, lost opportunities, or any other consequence of your use of the services. To the extent any liability cannot be disclaimed, our total cumulative liability for all claims relating to or arising out of these terms or the services shall not exceed the greater of the amount you paid us in the three months preceding the event giving rise to the claim or one hundred United States dollars. The limitations in this section apply even if any limited remedy fails of its essential purpose.

12. Termination

We may suspend, restrict, or terminate your access to the Services at any time, for any reason or no reason, with or without notice, and without liability. Upon termination, your right to use the Services ceases immediately, and we may delete your data without further obligation. Sections of these Terms that by their nature should survive termination, including indemnification, disclaimers, limitations of liability, intellectual property, dispute resolution, and miscellaneous provisions, will survive.

13. Governing Law

These Terms and any dispute or claim arising out of or in connection with them or their subject matter shall be governed by and construed in accordance with the laws of the State of Delaware, United States of America, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

14. Dispute Resolution and Arbitration

Any dispute, claim, or controversy arising out of or relating to these terms or the services shall be resolved exclusively through final and binding individual arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration shall be conducted in Delaware, United States. You waive your right to a trial by jury. You waive your right to participate in any class action, collective action, or representative proceeding, and any arbitration shall be conducted on an individual basis only. If for any reason a claim proceeds in court rather than arbitration, you and FrostSender each waive any right to a jury trial.

15. Modifications

We reserve the right to modify these Terms at any time at our sole discretion. We will notify users of material changes by posting the updated Terms on this page and updating the "Last updated" date. Your continued use of the Services after any modification constitutes your acceptance of the revised Terms. If you do not agree to the modified Terms, your sole remedy is to stop using the Services.

16. Severability and Waiver

If any provision of these Terms is held to be invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect. No failure or delay by FrostSender to exercise any right or enforce any provision constitutes a waiver of that right or provision.

17. Force Majeure

FrostSender shall not be liable for any failure or delay in performance caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fires, floods, accidents, pandemics, network or infrastructure failures, denial of service attacks, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

18. Entire Agreement

These Terms, together with the Privacy Policy and any additional agreements you enter into with us in connection with the Services, constitute the entire agreement between you and FrostSender concerning the Services and supersede all prior or contemporaneous communications, whether electronic, oral, or written. No representation, warranty, promise, or inducement not expressly set forth in these Terms shall be binding on either party.

19. Contact

For questions regarding these Terms, contact us at info@frostsender.com. Notice will be deemed delivered when sent to the email address associated with your account.