1. Introduction and Acceptance
These Terms of Service ("Terms") constitute a legally binding agreement between you ("User", "you", or "your") and Elitale Softwares Private Limited (CIN: U62013RJ2023PTC089483), a company incorporated under the Companies Act, 2013, having its registered office at D2 121 A, Near Ballabh Garden, Bikaner, Rajasthan, India ("Company", "coldBirds", "we", "us", or "our"). coldBirds is a product operated by Elitale Softwares Private Limited.
These Terms govern your access to and use of the website https://www.coldbirds.com, the coldBirds web application available at https://app.coldbirds.com, the coldBirds Sequencer at https://sequencer.coldbirds.com, the APIs, and all related services, features, content, and tools provided by the Company (collectively, the "Platform" and "Services").
By creating an account, accessing, or using the Platform in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must not access or use the Platform.
2. Definitions
- Services means the cold email infrastructure services provided through the Platform, including mailbox provisioning, dedicated IP allocation, DNS automation, deliverability monitoring, and related tooling.
- Mailbox means an email account provisioned by us on your behalf with a third-party email provider such as Microsoft Azure, Google Workspace, or Microsoft Outlook / Office 365.
- Sending Domain means a domain you own or control and authorize us to configure for cold outreach.
- Recipient means any third party to whom you send email through the Platform.
- User Content means all data, lead lists, copy, credentials, and materials you upload, submit, or provide through the Platform.
- Subscription means a recurring paid plan you select on the Platform.
3. Eligibility
By using the Platform, you represent and warrant that:
- You are at least 18 years of age and have the legal capacity to enter into binding contracts.
- You are using the Platform on behalf of a legally registered business or as an authorised representative of one.
- You will use the Services only for lawful business-to-business cold outreach in compliance with all applicable anti-spam and data protection laws (including but not limited to CAN-SPAM, CASL, GDPR, UK GDPR, the DPDP Act 2023, and similar laws in your jurisdiction and the jurisdictions of your Recipients).
- The information you provide on registration is accurate, complete, and truthful.
4. Account Registration and Security
To access the Services, you must create an account by providing a valid business email address, completing verification, and (where required) providing payment details. You agree to:
- Provide accurate and current registration information.
- Keep your login credentials confidential and not share access with unauthorised persons.
- Notify us immediately at security@coldbirds.com if you suspect unauthorised access to your account.
- Accept responsibility for all activities that occur under your account and any sub-user accounts you create.
We reserve the right to suspend or terminate accounts that we reasonably believe have been compromised, are being used in violation of these Terms, or are creating risk to our shared infrastructure.
5. Description of Services
5.1 What We Provide
coldBirds provides the following Services:
- Mailbox Provisioning: Automated creation of isolated mailboxes on supported providers (Microsoft Azure, Google Workspace, Microsoft 365 / Outlook) on domains you own or that we register on your behalf at your request.
- Dedicated IPs: Allocation of dedicated sending IPs (typically up to 1 dedicated IP per 3 mailboxes) to isolate your sending reputation from other tenants.
- DNS Automation: Automated configuration of SPF, DKIM, DMARC, MX, and tracking records on supported registrars, subject to access permissions you grant us.
- Health Monitoring: Continuous monitoring of mailbox and domain health (typically every 6 hours), including blacklist checks, authentication checks, and bounce rate analysis, with auto-suspend rules to protect your reputation.
- Dedicated Virtual Assistant (VA): Where included in your plan, a dedicated VA to assist with onboarding, infrastructure configuration, and ongoing optimisation.
- Dashboard & Analytics: A unified dashboard for mailbox status, deliverability metrics, and infrastructure health.
5.2 What We Do Not Provide
- We are not a sending platform or sequencer. We do not write, send, or schedule your campaigns. You must use a separate email sending tool (such as Smartlead, Instantly, lemlist, or similar) connected to the mailboxes we provision.
- We do not provide guarantees of inbox placement, open rates, reply rates, conversions, or any specific commercial outcome.
- We are not responsible for the content of your campaigns or the provenance of your lead lists.
- We do not provide legal, marketing, or compliance advice. Any guidance we share is informational and not a substitute for advice from qualified counsel in your jurisdiction.
6. Acceptable Use and Anti-Spam Policy
Cold email is a privileged channel, and our shared infrastructure depends on every customer being a responsible sender. By using the Services, you agree that you will not:
- Send unsolicited bulk email to consumers (B2C), purchased lists from unverified sources, or recipients who have opted out.
- Send email of a deceptive, fraudulent, phishing, malware-distributing, adult, illegal, hateful, harassing, or defamatory nature.
- Use forged headers, misleading "From" addresses, impersonate other persons or organisations, or otherwise violate CAN-SPAM, CASL, GDPR, UK GDPR, the DPDP Act 2023, or any other applicable law.
- Promote regulated industries (e.g. cryptocurrencies, gambling, adult content, weapons, controlled substances, lending, get-rich-quick schemes) without our prior written consent.
- Resell, sub-license, or white-label the Services without an explicit written reseller agreement with us.
- Probe, scan, or test the vulnerability of the Platform, attempt to bypass authentication, or interfere with other customers' use of the Services.
- Exceed the daily sending limits, mailbox quotas, or fair-use limits described in your plan.
We reserve the right to investigate suspected violations and to immediately suspend or terminate any account, mailbox, or sending domain that we reasonably believe is in breach of this section, without refund and without liability to you.
7. Customer Responsibilities
- Lead provenance: You confirm that you have a lawful basis (legitimate interest, consent, or other applicable basis) to contact every Recipient you email through the infrastructure we provide.
- Honour opt-outs: You will include a clear, functional unsubscribe mechanism in your campaigns and process unsubscribe requests within the timeframe required by applicable law (and in any event within 10 business days).
- Maintain healthy metrics: You will keep bounce rates, spam complaint rates, and reply rates within the thresholds published in our documentation. Sustained breach of these thresholds may trigger auto-suspend of mailboxes or domains.
- Domain ownership: You confirm you own, or have written authorisation to use, every Sending Domain configured in your account.
- Third-party provider terms: You will comply with the acceptable use policies of Microsoft, Google, and any other third-party email or DNS provider whose accounts we provision on your behalf.
8. Fees, Payments, and Refund Policy
8.1 Subscription Fees
The current fees for each plan are displayed on the Platform at the time of purchase. All fees are quoted exclusive of applicable indirect taxes (such as GST, VAT, or sales tax), which will be added where legally required. We may change fees at any time on prospective renewals; price changes will not affect the current paid-up term.
8.2 Billing & Payment Processing
Subscriptions are billed in advance on a recurring basis (monthly, quarterly, or annually) until cancelled. Payments are processed through PCI-DSS compliant payment partners (such as Stripe and Razorpay). We do not store your full card or bank credentials on our servers.
8.3 Refund Policy
- 7-day money-back guarantee: You may request a full refund of your first subscription payment within 7 days of the original charge by emailing billing@coldbirds.com from your registered email address.
- Provisioned infrastructure: Where mailboxes, dedicated IPs, or domains have already been provisioned with third-party providers, we may deduct the underlying provider costs before issuing the refund.
- Renewal charges: Renewals are non-refundable. You may cancel renewal at any time from the billing area; cancellation takes effect at the end of the current paid period.
- Suspension for breach: Refunds are not available where an account is suspended or terminated for breach of Section 6 (Acceptable Use) or Section 7 (Customer Responsibilities).
9. Intellectual Property
9.1 Our Intellectual Property
The Platform — including its design, code, dashboards, AI models, algorithms, documentation, logos, and trademarks ("coldBirds", the coldBirds bird mark) — is owned by or licensed to Elitale Softwares Private Limited and is protected under the Copyright Act 1957, the Trade Marks Act 1999, the Information Technology Act 2000, and other applicable laws.
We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform during the term of your active subscription, solely for your internal business purposes. You may not copy, modify, reverse-engineer, sell, sub-license, or create derivative works based on the Platform.
9.2 Your Content
You retain ownership of all User Content. By submitting User Content to the Platform, you grant us a worldwide, non-exclusive, royalty-free licence to host, store, transmit, and process it solely for the purpose of providing and improving the Services to you. We will not sell or share your lead lists with any third party except as required to deliver the Services or by law.
10. Disclaimer of Warranties
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. To the maximum extent permitted by applicable law:
- We make no warranties or representations, express or implied, regarding the deliverability, inbox placement, response rates, or commercial outcomes of any campaigns sent using infrastructure we provision.
- We do not warrant that the Platform will be uninterrupted, error-free, secure, or free of harmful components, nor that any third-party email provider will continue to make services available on commercially reasonable terms.
- We disclaim all implied warranties of merchantability, fitness for a particular purpose, and non-infringement to the extent permitted by law.
11. Limitation of Liability
To the maximum extent permitted under applicable law:
- Our total aggregate liability to you for any and all claims arising out of or in connection with these Terms or your use of the Services shall not exceed the total amount actually paid by you to us in the 12 months preceding the event giving rise to the claim.
- In no event shall we, our directors, employees, agents, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages — including loss of profits, loss of revenue, loss of pipeline, loss of data, loss of goodwill, blacklisting, domain reputation damage, or third-party provider suspensions — even if we have been advised of the possibility of such damages.
- We shall not be liable for any loss arising from: (a) your non-compliance with anti-spam law; (b) the quality of your lead lists or campaign copy; (c) actions or omissions of third-party providers (Microsoft, Google, registrars, ESPs, blacklist operators); (d) force majeure events (Section 14); or (e) suspension / termination for breach.
12. Indemnification
You agree to indemnify, defend, and hold harmless Elitale Softwares Private Limited and its directors, officers, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from or related to:
- Your breach of these Terms or our Acceptable Use Policy.
- Your violation of any applicable anti-spam, data protection, or consumer protection law.
- The content of your campaigns or any complaints, blacklistings, or legal actions arising from them.
- Any claim by a Recipient or third party regarding your outreach.
13. Termination
13.1 Termination by You
You may cancel your subscription at any time from the billing area or by emailing billing@coldbirds.com. Cancellation takes effect at the end of the current paid period, after which provisioned mailboxes and dedicated IPs will be deactivated in accordance with Section 13.3.
13.2 Termination by Us
We may suspend or terminate your access to the Platform, with or without notice, if:
- You breach any provision of these Terms.
- We reasonably suspect spam, phishing, fraud, abuse, or risk to our shared infrastructure or to our third-party providers.
- You fail to pay fees when due.
- We are required to do so by law, regulation, or court order.
- We discontinue the Services in your region (with reasonable prior notice).
13.3 Effect of Termination
On termination: (a) your right to access the Platform ceases immediately; (b) provisioned mailboxes and dedicated IPs may be deprovisioned and the IPs reassigned; (c) we will provide a reasonable export window (typically 30 days) for your dashboard data on request; (d) Sections 9, 10, 11, 12, 15, 16, and 17 shall survive termination.
14. Force Majeure
We shall not be liable for any failure or delay in performing our obligations where such failure or delay results from circumstances beyond our reasonable control, including: natural disasters, pandemics, government actions, changes in law, internet or telecommunications failures, cyberattacks, power outages, third-party provider outages or policy changes (Microsoft, Google, AWS), or any other force majeure event.
15. Governing Law and Dispute Resolution
15.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of India, including the Information Technology Act 2000, the Indian Contract Act 1872, and the Consumer Protection Act 2019.
15.2 Dispute Resolution
In the event of any dispute, controversy, or claim arising out of or in connection with these Terms or the Services, the parties shall first attempt to resolve the dispute amicably through good-faith negotiation for a period of 30 days from the date one party notifies the other in writing.
If unresolved, the dispute shall be referred to and finally resolved by arbitration under the Arbitration and Conciliation Act, 1996 (as amended), conducted by a sole arbitrator mutually appointed by the parties. The seat and venue of arbitration shall be Bikaner, Rajasthan, India. The language of arbitration shall be English.
15.3 Jurisdiction
Subject to the arbitration clause above, the courts of Bikaner, Rajasthan, India shall have exclusive jurisdiction over any proceedings arising out of or in connection with these Terms.
16. General Provisions
16.1 Entire Agreement
These Terms, together with the Privacy Policy and any order form or plan-specific addendum, constitute the entire agreement between you and us regarding your use of the Platform and supersede all prior understandings.
16.2 Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect, and the invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.
16.3 Assignment
You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations to a successor entity in the event of a merger, acquisition, or sale of substantially all of our assets.
16.4 Notices
All notices to us shall be sent to legal@coldbirds.com. All notices to you will be sent to the email address associated with your account.
16.5 No Third-Party Beneficiaries
These Terms do not confer any rights on any third party. Only the parties to these Terms are entitled to enforce them.
17. Changes to These Terms
We may modify these Terms at any time. When we make material changes, we will update the "Last updated" date at the top of this page and notify you via email or in-app notice. Your continued use of the Platform after the effective date constitutes your acceptance of the revised Terms. If you do not agree, you must discontinue use of the Platform.
18. Contact Us
For any questions or concerns regarding these Terms, please contact us:
Elitale Softwares Private Limited
D2 121 A, Near Ballabh Garden, Bikaner, Rajasthan, India
CIN: U62013RJ2023PTC089483
Email: legal@coldbirds.com