Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the Warmy platform, website, and services (collectively, the “Service”) operated by Warmy (“we”, “us”, or “our”). By creating an account or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

1. Acceptance of terms

By accessing or using Warmy, you represent that you are at least 18 years old, have the legal capacity to enter into a binding agreement, and agree to these Terms and our Privacy Policy. If you are using Warmy on behalf of an organisation, you represent that you have authority to bind that organisation to these Terms.

2. Permitted use of the Service

Warmy is an email inbox warmup and deliverability tool. You may use the Service only for its intended purpose: improving the sending reputation of legitimate email inboxes by simulating healthy email activity.

You agree not to use Warmy to:

• •Send unsolicited commercial email (spam) or any content that violates the CAN-SPAM Act, CASL, or equivalent legislation in your jurisdiction.
• •Warm up inboxes used or intended to be used for phishing, fraud, malware distribution, or other harmful activities.
• •Circumvent, reverse-engineer, or interfere with the security or integrity of the Service.
• •Resell or sublicense access to the Service without our prior written consent.
• •Use automated scripts or bots to access the Service outside of our official API.

We reserve the right to suspend or terminate accounts that violate these rules without notice and without refund.

3. Account responsibilities

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify us immediately at legal@warmy.io if you suspect any unauthorised access to your account. We are not liable for any loss arising from your failure to keep your credentials secure. You may not share your account with others outside of the team collaboration features provided in your plan.

4. Subscriptions and billing

Paid plans are billed in advance on a monthly or annual basis. All prices are in USD. Payments are processed by Paddle, our Merchant of Record, who handles billing, tax, and compliance on our behalf. By providing a payment method, you authorise Paddle to charge you for your selected plan and any applicable taxes. For refunds, see our Refund Policy.

• •Free trial: paid plans include a 14-day free trial. You will not be charged until the trial ends. You may cancel at any time during the trial at no cost.
• •Cancellation: you may cancel your subscription at any time from the dashboard. Cancellation takes effect at the end of the current billing period. We do not provide pro-rata refunds for unused time, except where required by applicable law.
• •Price changes: we will give you at least 30 days' notice before changing your plan price. Continuing to use the Service after the change takes effect constitutes acceptance of the new price.
• •Failed payments: if a payment fails, we will retry up to three times over seven days before suspending your account. You will be notified by email at each stage.

5. Intellectual property

Warmy and all associated software, algorithms, designs, and content are the exclusive property of Warmy and its licensors. We grant you a limited, non-exclusive, non-transferable licence to use the Service for the duration of your subscription. You retain ownership of any data you input into the Service.

6. Termination

We may suspend or terminate your access to the Service at any time, with or without cause, with reasonable notice. If we terminate your account for breach of these Terms, no refund will be issued. You may terminate your account at any time by cancelling your subscription and deleting your account from the settings page. Upon termination, your data will be deleted in accordance with our Privacy Policy.

7. Disclaimer of warranties

The Service is provided “as is” and “as available” without warranties of any kind, either express or implied. We do not warrant that the Service will be uninterrupted, error-free, or that email deliverability outcomes will improve by a specific amount. Results depend on many factors outside our control, including email provider policies that may change without notice.

8. Limitation of liability

To the maximum extent permitted by applicable law, Warmy and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill, arising from your use of or inability to use the Service. Our total aggregate liability to you for any claim arising out of or relating to these Terms or the Service shall not exceed the greater of (a) the amount you paid us in the three months preceding the claim or (b) $50 USD.

9. Governing law and disputes

These Terms are governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to conflict of law principles. Any dispute arising out of or relating to these Terms shall first be attempted to be resolved through good-faith negotiation. If not resolved within 30 days, disputes shall be submitted to binding arbitration under the AAA Commercial Arbitration Rules. You waive any right to participate in a class action lawsuit or class-wide arbitration.

10. Changes to these Terms

We may update these Terms from time to time. We will notify you of material changes by email at least 14 days before they take effect. Your continued use of the Service after that date constitutes your acceptance of the revised Terms.

11. Contact

Questions about these Terms? Contact us at legal@warmy.io.