TERMS OF SERVICE

Effective: January 1, 2023 Last Updated: January 11, 2023

POLICY OF MUTUAL RESPECT

1. This Agreement prohibits the use of offensive or/and obscene speech and acts that constitute discrimination both in the content created or in any other form used via Service as well as towards any employee, agent, representative or any other person related to Warmest.ai.

2. The protected grounds are: age; ancestry, colour, race; citizenship; ethnic origin; place of origin; creed; disability; family status; marital status (including single status); gender identity, gender expression; receipt of public assistance (in housing only); sex (including pregnancy and breastfeeding); sexual orientation.

3. Any speech regardless of written or spoken directed towards Warmest.ai employees, representatives of affiliates  (including but not limited to any jokes, comments) on the issues mentioned in point 2 shall not be accepted. The parties to this Agreement undertake to respect human rights and the principles of social coexistence.

4. The breach of the Agreement within the scope of point 1 justifies the immediate cessation of the provision of maintenance services and may result in the termination of the Agreement with immediate effect. In such a situation, the Customer is not entitled to any reimbursement of costs resulting from the breach of the Agreement concluded with Warmest.ai based on the above-mentioned provisions.

ACCEPTABLE USE POLICY

1. This Acceptable Use Policy applies to Warmest.ai Services, and any URLs related to the main domains, and all subdomains.

2. To ensure proper functioning and maintenance of the Service, the Customer and/or User shall not misuse the Service and as a consequence, the Customer and/or User is obliged not to:

a. intentionally or unintentionally hinder the functioning of the Service, for example, by reverse engineering or hacking the Services, attempting to gain unauthorized access to the Services (or any of its portion) or related systems, networks or data, cause adversary impact on the Warmest.ai’s domain or IP reputation or affect in any adversary manner the relation of Warmest.ai with its third-party providers;

b. overcross API requests limit causing downtime to the Service or hindering its partial operational ability;

c. misrepresent or hide the data origin, content, or other information submitted to the Service, among others by Spoofing, Phishing, manipulating headers or other identifiers, impersonating anyone else, or access the Services via another User’s Account without their permission.

3. The Customer and/or User shall not send via the Service or share in any other manner content which may be deemed to be malicious, illegal or inappropriate, including but not limited to:

a. content deemed to be SPAM, Spoofing, Phishing;

b. content related to pornography, sexual content, content displaying images or texts objectively recognized as offensive or cruel;

c. content related to racism, xenophobia, discrimination, hate speech, incitement to violence;

d. content related to or inciting fraudulent behaviors.

4. The Customer and/or User is obliged to comply with this Terms of Service and subsequent documents constituting the Agreement. Warmest.ai reserves the right to permanently delete or temporarily suspend the Account of a person who violates the Agreement, violates legal requirements and obligations or company security or is otherwise subject to sanctions or other business restrictions without any prior notice and shall have no responsibility for any costs arising out of the result of such deletion or suspension. Furthermore, Warmest.ai reserves the right not to renew the Subscription for of the Customer that fulfill the conditions as listed above.

5. The Customer and/or User is responsible for the accuracy, legality, and adequacy of data entered into the Service by the Customer and/or User, data entered into the Service by Prospects, as well as for every content shared through the Service.

6. Warmest.ai shall have no responsibility for how Customers and/or Users process data (including Personal Data) inserted and gained through the Service. Upon using the Service, Customers and/or Users should obey the law of their country, as well as the law of the countries they send their emails to.

7. As a condition of using the Service the User shall:

a. as required by applicable law, provide notice to its Prospects and obtain consents if required to outreach to the persons;

b. be responsible for its employees, representatives, affiliates that have access to the Services;

c. comply with any limitations or restrictions set forth in this Agreement;

d. use the Services only in compliance with applicable law both national and international including court orders (if applicable).

8. The Customer and/or User is responsible for secure storage of passwords and logins leading to the Accounts related to the Service. Warmest.ai shall have no responsibility arising out of reckless or negligent credentials storage by the Customer and/or User.

SERVICE FUNCTIONALITY DESCRIPTION

1. Warmest.ai allows Customers and/or Users to leverage AI to automatically draft emails in their inbox. Warmest.ai does not send any emails, only creates drafts. Customer and/or User needs to manually send all emails themselves.

2. After setting up the Account, for the period defined by the Company, the Customer and/or User has the right to a Trial period which involves free access to all currently available Warmest.ai features. As the Customer and/or User opts in for a “Premium Subscription” to Warmest.ai their Account will be referred to as “Premium Subscription”. The Service is then chargeable in terms determined in the Pricing.

GDPR COMPLIANCE

1. Warmest.ai stays compliant with GDPR and expects Customers and/or Users of the Service to respect the principles of the GDPR while processing the Personal Data of the EU citizens. More details about how Warmest.ai complies with GDPR and what actions You should take as the Customer and/or User to be compliant with it in Our “GDPR Compliance”.

2. All content sent from Customers’ and/or Users’ via Warmest.ai’s Service must be sent within the scope of B2B relations and must not be sent to Prospects who expressed their wish to be excluded from further correspondence.

3. Access to Customer and/or User data (including Personal Data).

a.  Customer and/or User has the right to access their Personal Data in order to exercise their right granted by the GDPR. Customer and/or User has the right to access their Personal Data, receive a copy of it, to rectify, delete Personal Data, limit Personal Data processing, object to Personal Data processing and transfer, lodge a complaint with the supervisory body and the right to withdraw consent (if given) to the processing of Personal Data. A detailed description of how to change Your data (including Personal Data) or ask for its removal can be found in Our Privacy Policy.

b. Warmest.ai will not access or modify any piece of data (including Personal Data) or content unless it is necessary to provide the Service, prevent or resolve technical problems with the Service operation or at the Customer’s and/or User’s request with regard to support matters. Warmest.ai will not disclose any part of its Customers and/or Users data (including Personal Data) or content, except as described in the Privacy Policy and this Terms of Service.

4. We reserve the right to contact You within 6 months after the end of Your Premium or Trial Subscription to present you our Service updates and new benefits. You are entitled to opt-out from such communication by contacting Us via support@warmest.ai

5. Warmest.ai processes the following types of data as a data controller: Customers’ Personal Data, Users’ Personal Data (if applicable) i.e. name, last name, email address, contact details, basic billing information on invoices and settlements.

TECHNICAL ACCESS REQUIREMENTS

1. Warmest.ai’s Services may be accessed by:

a. PC, minimal operating system Windows XP

b. MAC, minimal operating system OSX 9

2. Recommended browsers: Chrome, Firefox or Safari.

3. Warmest.ai shall not be responsible for any difficulties or obstacles concerning operational functionality on browsers and systems different than listed above. In case of any questions and concerns regarding technical details, please contact support@Warmest.ai

PAYMENTS, TERMINATION AND REFUND POLICY

1. Customers shall not be charged for the free Trial Subscription,

2. Fees are charged after the Customer and/or User opts in for a Premium Subscription.

3. Warmest.ai does not require any payment details from the Customer and/or User who wish to start the free Trial Subscription.

4. Customers shall be charged for slots and add-ons used in their Premium Subscription on the terms defined in this Terms of Service and Pricing or in a separate arrangement with Customer.

5. As Warmest.ai’s Premium Subscription Customer You agree to pay Warmest.ai the amount that is specified in the Pricing (according to the number of slots and add-ons You use), and You authorize Warmest.ai to bill Your payment instrument in advance on a periodic basis in accordance with this Terms of Service and the Pricing.

6. You can also use Warmest.ai’s prepaid Vouchers – the form of payment that allows You to prepaid for the Service you will use.

7. If You dispute any charges, You must let Warmest.ai know within sixty (60) days from the date that Warmest.ai invoices You.

8. As Warmest.ai collects payments it may have limited access to the Customer’s billing information. All payments are processed by the external third-party service provider, who ensure high-security standards.

9. Subscription may be paid on a monthly or yearly basis.

10. Premium Subscription is valid for an unspecified period of time. Each party may terminate the Agreement without giving any reason. Upon the termination, the Customer and/or User will be able to access their Account for the period which has been covered by the last payment.

11. The Agreement between the Customer and Warmest.ai may be terminated upon a written request delivered via email to support@warmest.ai

12. The Customer may also cancel specific slots and/or add-ons or delete the whole Account himself in the Service. Please note that cancelling the slot or add-on removes it from the Service, but not from the entire Company’s system.

13. Once You cancel the Account in the Service We may permanently delete Your Account and all the data associated with it, including Your emails from the Service.

14. If a legal provision obliges us to do so We may process Personal Data despite the cancellation request.

15. If You do not log in to Your Account for at least 6 months We may treat Your Account as inactive and permanently delete the Account and all data associated with it.

16. We reserve the right to change Our prices during the term of this Agreement. If We do change prices We will provide notice of the change – at Our discretion – on Our Website or via email to You. To continue to use the Service after the price change becomes effective and constitutes Your consent for the amended amount.

17. All amounts paid during the Subscription are non-refundable.

18. The only exception from being non-refundable is when Warmest.ai cancels Your Account without a cause. In such a case Warmest.ai may refund a prorated portion according to Your billing cycle. Warmest.ai will not refund any payment if there is a cause for the Account cancellation, such as a violation of this Terms of Service or Our Privacy Policy.

USER AND WARMEST.AI RIGHTS

1. Intellectual Property. Except for rights expressly granted under this Agreement, nothing in this Agreement will function to transfer any of Warmest.ai’s Intellectual Property rights to the Customer and/or User, and Warmest.ai will retain exclusive interest in and ownership of its Intellectual Property.

2. The Customer and/or User is obliged to respect Company’s Intellectual Property rights whether using the Service, the Website. You may only use Our brand assets with Our consent. We reserve the right to review email campaigns sent via the Service.

3. We may view the content You enter to the Service in case We need to solve a technical or functional issue or in case We suspect that You may violate the Agreement.

4. Furthermore, Warmest.ai reserves its right to limit data retention time in case of Accounts with no active sending for more than 6 months. Accounts and Sub-accounts with no active sending for more than 6 months may be scheduled for deletion. Furthermore, in the case of Sub-accounts and no active sending for more than 5 months, Warmest.ai reserves the right to switch the Sub-account into inactive mode.

5. Customer and User represent and warrant that they either own or have the right to use all of the content they include, upload or send via the Service. Warmest.ai shall not be responsible for any of the data, text, numerical data, graphic materials, links and other types of content uploaded, stored by Customers and/or Users within their Accounts or sent to their Prospects. The Customer and/or User retains ownership of all materials uploaded to the Service. Such materials can be disclosed by the Company only as described in this Terms of Service and Privacy Policy.

LIABILITY

1. Warmest.ai does not guarantee compatibility of offered Services with the software of other providers. Customer and/or User shall bear full responsibility for the choice and consequences following the use of other software in combination with the Service.

2. These Terms of Service are in lieu of all warranties, conditions, undertakings, terms and obligations implied by statute, common law, trade usage, cause of dealing or otherwise, all of which are hereby excluded to the fullest point of law.

3. In no event and under no circumstances Warmest.ai, its directors, members, employees or agents shall be liable to You for any direct, special, indirect or consequential loss or damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise in any way connected with:

a. Your use or inability to use the Website, the performance of the Website;

b. any errors or omissions in the Website’s operation; any action was taken in connection with the Service;

c. any errors or omissions in the Website’s operation; any action was taken in connection with the Service, copyright or other intellectual property owners;

d. any damage to any Customer’s and/or User’s computer, mobile device, or other equipment or technology including, without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction, including, without limitation, damages for lost profits, loss of goodwill, loss of data, stoppage, the accuracy of results, or computer failure or malfunction, even if foreseeable, or even if parties have been advised of or should have known of the possibility of such damages, whether in an action of contract, negligence, strict liability or tort (including, without limitation, whether caused in whole or in part by negligence, higher power, telecommunications failure, or theft or destruction of the Service).

Compliance with Google API Services Policy

Our use and transfer to any other provider of information received from Google Accounts will adhere to Google API Services User Data Policy, including the Limited Use requirements.

CHOICE OF LAW

1. Parties agree that any disputes arising out of or in connection with this Agreement and the Service shall be resolved amicably.

2. Otherwise any disputes shall be solved by a court having jurisdiction over the registered office of the Company.

3. This Agreement shall be governed by, and construed in accordance with, the laws of United Kingdom.