Terms of Service

1. Acceptance of Terms

By accessing or using AgentWarm's services, API, or website (collectively, the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree, do not use the Service. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

2. Description of Service

AgentWarm provides an email warmup platform and REST API that helps build sender reputation for email accounts. The Service includes automated warmup email generation, deliverability monitoring, reputation analytics, domain management, and related functionality accessible via API and web console.

3. Accounts and API Keys

You must create an account to use the Service. You are responsible for:

• Maintaining the security of your account credentials and API keys
• All activity that occurs under your account or API keys
• Notifying us immediately of any unauthorized use

API keys are secret credentials. Do not share them publicly, commit them to version control, or embed them in client-side code. We may revoke API keys that are found to be exposed.

4. Acceptable Use

You agree to use the Service only for lawful purposes. You must not:

• Send spam, unsolicited bulk email, or phishing messages using warmed accounts
• Use the Service to warm accounts for the purpose of sending malicious or fraudulent emails
• Attempt to circumvent rate limits, usage quotas, or security measures
• Reverse engineer, decompile, or attempt to extract the source code of the Service
• Use the Service in violation of any applicable law, including CAN-SPAM, GDPR, or other email regulations
• Interfere with or disrupt the integrity or performance of the Service
• Access the Service through any automated means (other than the provided API) without written permission

We reserve the right to suspend or terminate accounts that violate these terms without notice.

5. Email Account Access

To use the warmup service, you grant AgentWarm permission to access your connected email accounts for the purpose of sending and receiving warmup emails, detecting spam folder placement, and monitoring deliverability. We access your email accounts only for these purposes. You represent that you have the authority to grant this access for each account you connect.

6. Service Plans and Billing

Free Plan: Available at no cost with usage limits as described on our pricing page. We may modify free plan limits at any time.

Paid Plans: Paid subscriptions are billed monthly in advance. Prices are in US dollars. You authorize us to charge your payment method on a recurring basis.

Cancellation: You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing period. No refunds are provided for partial billing periods.

Price Changes: We may change pricing with 30 days' notice. Continued use after a price change constitutes acceptance.

7. API Usage

The API is provided for programmatic access to the Service. You agree to:

• Respect rate limits (indicated in response headers)
• Use idempotency keys for operations that support them
• Handle errors gracefully and follow suggested actions in error responses
• Not attempt to bypass authentication or authorization mechanisms

We may throttle or block excessive API usage that degrades the Service for other users.

8. Intellectual Property

The Service, including its API, documentation, and website, is owned by AgentWarm and protected by intellectual property laws. You retain ownership of your data. You grant us a limited license to use your data solely to provide the Service.

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not guarantee that warmup will achieve specific deliverability outcomes, as email reputation depends on many factors outside our control.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AGENTWARM SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUE, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.

11. Indemnification

You agree to indemnify and hold AgentWarm harmless from any claims, damages, or expenses arising from your use of the Service, violation of these Terms, or infringement of any third-party rights.

12. Service Availability

We strive to maintain high availability but do not guarantee uninterrupted service. We may perform maintenance, updates, or modifications that temporarily affect availability. Enterprise plans may include SLA guarantees as specified in separate agreements.

13. Termination

Either party may terminate the agreement at any time. We may suspend or terminate your access immediately if you violate these Terms. Upon termination, your right to use the Service ceases. We will retain your data for 30 days after termination, after which it may be deleted.

14. Changes to Terms

We may update these Terms from time to time. Material changes will be communicated via email or a notice on our website. Continued use of the Service after changes constitutes acceptance of the updated Terms.

15. Governing Law

These Terms are governed by and construed in accordance with the laws of England and Wales. Any disputes shall be resolved through binding arbitration, except where prohibited by law. We aim to resolve disputes amicably. For EU residents, the European Commission's Online Dispute Resolution platform is available at https://ec.europa.eu/consumers/odr.

16. Contact

Questions about these Terms? Contact us at:
support@agentwarm.com