Terms of Service

1. Agreement

These Terms of Service are an agreement between the business that creates a ColdTexting account ("you", "customer") and the administrator of the coldtexting.com service ("we", "us"), which operates ColdTexting and is reachable at [email protected]. By creating an account, starting a subscription or using the service, you accept these terms, the Acceptable Use Policy and the Privacy Policy. The person who accepts on behalf of a business confirms they have authority to bind it.

2. The service

ColdTexting is software for sending and receiving business text messages. It includes campaigns, sequences, a two-way inbox, contact and consent records, opt-out handling, quiet hours, a compliance score on messages, 10DLC brand and campaign registration and integrations, as described on our website for each plan. We may improve and change features, and we do not remove a feature that is central to your paid plan during a billing period you have already paid for.

3. Business use only

ColdTexting is for businesses and professionals. You must be at least 18, give accurate account and registration details and keep your password and sign-in codes secure. You are responsible for everything done in your workspace by your users, and you tell us at once at [email protected] if you suspect unauthorized access.

4. Your responsibility for consent and content

You decide who you text and what you send, and you are responsible for both. In particular you agree that:

• every recipient gave you the consent the law requires before you text them, which for marketing and sales texts sent with ColdTexting means prior express written consent that names your business,
• you keep proof of that consent and the consent records you import into ColdTexting are true,
• you honor every opt-out and never re-add an opted-out contact without new consent,
• your messages identify your business, follow the federal Telephone Consumer Protection Act, the Telemarketing Sales Rule, state telemarketing and texting laws, carrier rules and the CTIA Messaging Principles and Best Practices,
• your messages match the use case you registered for your 10DLC campaign.

The compliance score, consent checks and quiet hours in ColdTexting help you follow these rules, but they are software tools and not legal advice. A high score does not mean a message is lawful in every situation. Talk to your counsel about your consent language and your program.

5. Acceptable use

You must follow the Acceptable Use Policy. It bans, among other things, purchased, rented or scraped lists, SHAFT content, unregistered high risk financial offers, non-compliant debt collection, snowshoeing, number cycling, sending outside quiet hours and any illegal content.

6. Carrier registration and delivery

US carriers require businesses that text from local numbers to register a 10DLC brand and campaign. You give accurate registration details, and you authorize us to submit them to carriers and registration bodies on your behalf. Carriers decide whether to approve a registration and may filter, delay or block messages at their own discretion. We do not guarantee that any message is delivered or that any registration is approved, and we pass on to you only what carriers tell us about the reasons.

7. Plans, limits and usage

Each plan includes the limits shown on the pricing page at the time you subscribe. Message segments and new contacts are counted as consumption in each billing period: they are counted when a segment is sent or a contact is created, deleting contacts or campaigns does not give allowance back, and unused allowance does not roll over. Numbers, users and sub-accounts are limits on how many you can have at the same time. When you reach a limit, sending stops until the next billing period or until you move to a higher plan. There are no credits and no top-ups.

8. Billing and renewal

Subscriptions are billed in advance in US dollars, monthly or yearly, by card through our payment operator, and every checkout uses 3D Secure. A subscription renews automatically at the end of each billing period at the price then in effect for your plan until you turn off renewal. Prices exclude taxes, which are added where the law requires. If a renewal payment fails, we retry it, and sending may be paused until the payment succeeds. We tell you by email at least 30 days before a price change applies to your renewal.

9. Upgrades and downgrades

When you move to a higher plan or from monthly to yearly billing, the prorated difference for the rest of the current period is charged at once, and the new limits apply as soon as that payment succeeds. If the payment fails, you stay on your current plan. A move to a lower plan applies from the next billing period and does not create a refund or credit to your card. Each workspace has one subscription.

10. Cancellation and refunds

You can turn off renewal at any time in the billing portal under Billing in the app. Your plan stays active until the end of the paid period and does not renew. Payments are not refundable, including for unused segments or a partly used period, except where the law requires a refund.

11. Demo allowance

A new account receives a one-time demo allowance, as described on the pricing page. It does not renew, it is not a plan, and test sends during the demo go only to your own verified phone with a demo footer.

12. Suspension and termination

We may pause sending or suspend an account at once, without prior notice, if we reasonably believe that you break these terms or the Acceptable Use Policy, that your messages create legal risk, complaints or carrier violations, that a carrier or authority requires it, or that the account is used fraudulently. Where possible we tell you why and give you a chance to fix the problem. We may end the account for serious or repeated violations, and in that case no refund is due for the current period. You can close your account at any time from the app or by writing to [email protected].

13. Data processing

For contact data you upload, you are the controller and we are your processor, and we process that data only to provide the service, as described in the Privacy Policy. Enterprise customers can sign our data processing agreement, which prevails over these terms for data protection matters. For account data, we are the controller.

14. Retention, export and deletion

While your account is open, you can export your contacts, consent records and message history and delete them at any time. After the account closes, we keep your data for a short period so you can return or export it, and then delete it, except records the law requires us to keep, opt-out records needed to prevent texting an opted-out number again, and backups that expire on a rolling schedule.

15. Integrations

When you connect a third party service, such as HubSpot, Pipedrive, Salesforce or Zapier, data flows between it and ColdTexting as you configure it. That service is governed by its own terms, and we are not responsible for it.

16. Intellectual property and feedback

We own ColdTexting and grant you a non-exclusive right to use it during your subscription. You own your content and contact data and grant us the rights we need to host, process and transmit it for you. You may not copy, resell or reverse engineer the service. If you send us suggestions, we may use them without obligation.

17. Confidentiality

Each party keeps the other's non-public business information confidential and uses it only for this agreement, except where disclosure is required by law.

18. Warranties

We provide ColdTexting with reasonable skill and care. Apart from that and any SLA included in your Enterprise plan, the service is provided as is and as available, and we disclaim implied warranties of merchantability, fitness for a particular purpose and non-infringement to the extent the law allows.

19. Limitation of liability

To the extent the law allows, neither party is liable for indirect, incidental, special or consequential damages or lost profits, and our total liability for all claims in any 12 month period is limited to the fees you paid us in that period. These limits do not apply to your payment obligations, your indemnity in section 20 or liability that cannot be limited by law.

20. Indemnity

You defend and indemnify us against claims, fines and costs, including claims under the TCPA or state texting laws and carrier fines, that arise from your messages, your contact lists, your lack of consent or your breach of these terms.

21. Changes to these terms

We may update these terms. We change the date at the top and, for material changes, tell account owners by email at least 30 days before they take effect. If you do not agree, you can turn off renewal before the change applies.

22. Governing law

These terms are governed by the law of the place where the operator shown below is registered, without regard to conflict of law rules, and disputes go to the courts competent for that place, unless mandatory law gives you another forum.

23. Contact

Questions about these terms go to [email protected].