Terms of Service

These Terms of Service ("Terms") govern your access to and use of the websites, applications, software, platforms, products, services, and related features made available by Kokorick Ltd, trading as Warmo ("Warmo", "we", "us", or "our") (collectively, the "Services").

Please read these Terms carefully before accessing or using the Services.

By accessing, registering for, purchasing, subscribing to, or using any part of the Services, you agree to be bound by these Terms and any policies or documents incorporated by reference. If you are using the Services on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms, in which case the terms "you" and "your" shall refer to that entity.

If you do not agree to these Terms, you must not access or use the Services.

Warmo may modify, update, or revise these Terms from time to time. When changes are made, we will update the "Last Updated" date appearing at the top of these Terms. Unless otherwise stated, revised Terms become effective upon publication. Your continued access to or use of the Services following the effective date of any updated Terms constitutes your acceptance of those changes.

Certain features, services, integrations, promotions, or offerings may be subject to additional terms, conditions, guidelines, or policies. In the event of a conflict between those additional terms and these Terms, the additional terms will govern solely with respect to the applicable feature, service, integration, promotion, or offering.

Competitors of Warmo and individuals acting on behalf of competitors may not access or use the Services for the purpose of monitoring, benchmarking, analyzing, copying, or competing with the Services without our prior written consent.

2.1 Eligibility

You must be at least eighteen (18) years of age to access or use the Services. By accessing or using the Services, you represent and warrant that you are at least eighteen (18) years old and have the legal capacity to enter into a binding agreement.

You are responsible for ensuring that your access to and use of the Services complies with all applicable laws, regulations, sanctions, export controls, and other legal requirements in the jurisdictions in which you operate.

If you access or use the Services on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, and references to "you" and "your" shall refer to both you and such entity.

2.2 Account Registration

To access certain features of the Services, you may be required to create an account. You agree to provide accurate, current, and complete information during registration and to keep such information updated at all times.

Warmo reserves the right to refuse registration, restrict access, or suspend accounts where information provided is inaccurate, misleading, incomplete, or otherwise violates these Terms.

2.3 Account Security

You are responsible for maintaining the confidentiality and security of your account credentials, including usernames, passwords, authentication methods, and any connected third-party accounts or services associated with your account.

You are solely responsible for all activities conducted through your account, whether authorized by you or not. If you become aware of any unauthorized access to your account, security breach, or suspected misuse of your account, you must promptly notify Warmo.

Warmo is not responsible for losses, damages, liabilities, or claims resulting from unauthorized access to your account arising from your failure to maintain appropriate security measures.

2.4 Authorized Users

Certain subscription plans may permit multiple authorized users to access and use the Services. Access rights, user limits, and available functionality may vary depending on the applicable subscription plan.

You are responsible for ensuring that all individuals accessing the Services through your account or organization comply with these Terms. Any act or omission by an authorized user shall be deemed an act or omission of the account holder for purposes of these Terms.

2.5 Suspension and Restriction of Access

Warmo may, at its sole discretion and without liability, suspend, restrict, disable, or terminate access to all or part of the Services if:

(a) you violate these Terms or any applicable policies;

(b) payment obligations remain outstanding;

(c) Warmo reasonably suspects fraudulent, abusive, unauthorized, unlawful, or harmful activity;

(d) such action is necessary to protect the security, integrity, availability, or operation of the Services;

(e) Warmo receives a legal, regulatory, governmental, or judicial request requiring such action; or

(f) Warmo reasonably determines that continued access may expose Warmo, its users, partners, or third parties to risk, liability, or harm.

Where reasonably practicable, Warmo may provide notice of any suspension or restriction; however, Warmo shall have no obligation to do so.

3.1 Description of the Services

Warmo provides software, applications, platforms, websites, integrations, application programming interfaces (APIs), tools, features, content, and related services (collectively, the "Services"). The Services may be made available through one or more websites, web applications, integrations, APIs, browser extensions, enterprise offerings, beta programs, or other channels operated or provided by Warmo.

The Services are intended to support business, professional, and operational activities. The specific features, functionality, availability, and limitations of the Services may vary depending on the subscription plan, account type, geographic location, or other factors determined by Warmo.

3.2 Changes to the Services

Warmo continuously develops, improves, and updates the Services. Accordingly, Warmo may, at any time and without liability, add, modify, improve, replace, suspend, restrict, discontinue, or remove any feature, functionality, integration, content, tool, component, or portion of the Services.

Warmo may also establish, modify, or remove usage limits, feature restrictions, quotas, eligibility requirements, technical specifications, or other conditions relating to the Services.

Nothing in these Terms shall be construed as an obligation for Warmo to continue offering any particular feature, functionality, integration, or component of the Services.

3.3 Beta, Preview, and Early Access Features

From time to time, Warmo may make available beta features, preview features, early access programs, experimental functionality, or similar offerings ("Beta Features").

Beta Features are provided on an "as available" and "as is" basis for evaluation and testing purposes. Beta Features may be modified, suspended, restricted, or discontinued at any time without notice and may contain errors, interruptions, defects, or limitations that are not present in generally available Services.

Warmo makes no representations, warranties, guarantees, service commitments, or support obligations with respect to Beta Features.

3.4 Third-Party Dependencies

Certain features, functionality, or components of the Services may depend on or interact with third-party products, services, platforms, networks, software, or infrastructure.

Warmo does not control and is not responsible for the availability, performance, security, functionality, policies, or practices of any third-party products or services. The availability of certain features of the Services may be affected by changes, interruptions, limitations, or discontinuation of third-party products or services.

3.5 Free Trials and Promotional Access

Warmo may, in its sole discretion, offer free trials, promotional access, demonstrations, evaluations, or other limited-use programs from time to time.

Unless otherwise stated, free trials and promotional access are provided solely for evaluation purposes and may be subject to additional limitations, restrictions, eligibility requirements, feature limitations, or usage caps. Warmo may modify, suspend, or terminate any free trial or promotional offering at any time and without liability.

3.6 No Guarantee of Availability

Warmo does not guarantee that the Services, or any part thereof, will be available at all times, uninterrupted, error-free, secure, or free from delays.

Maintenance, updates, upgrades, technical issues, security measures, third-party dependencies, network interruptions, force majeure events, and other factors may affect the availability or performance of the Services.

Except as expressly stated in a separate written agreement signed by Warmo, no service level commitment, uptime guarantee, or availability warranty is provided under these Terms.

4.1 Subscription Plans

Access to certain Services may require the purchase of a paid subscription. Warmo may offer different subscription plans, features, service levels, usage limits, and pricing options from time to time.

The features, functionality, limitations, and pricing applicable to a subscription plan are those presented at the time of purchase or as otherwise agreed in writing between Warmo and the customer.

Warmo reserves the right to modify, replace, discontinue, or introduce subscription plans, features, pricing structures, usage limits, and service offerings at any time.

4.2 Free Trials and Promotional Access

Warmo may offer free trials, promotional access, discounts, coupons, or other promotional programs from time to time.

Unless otherwise specified, free trials do not require payment and may be subject to feature restrictions, usage limitations, eligibility requirements, or other conditions determined by Warmo.

Warmo reserves the right to modify, suspend, withdraw, or terminate any free trial or promotional offering at any time and without liability.

4.3 Billing and Payment

By purchasing a subscription, you agree to pay all applicable fees and charges associated with your selected subscription plan.

All fees are payable in United States Dollars (USD) unless otherwise specified by Warmo.

You authorize Warmo and its payment processors to charge the payment method associated with your account for all applicable fees, taxes, and charges incurred in connection with your use of the Services.

You are responsible for maintaining accurate, complete, and current billing information at all times.

4.4 Taxes

Unless expressly stated otherwise, subscription fees and other charges do not include applicable taxes, duties, levies, assessments, or governmental charges.

You are responsible for paying any applicable taxes associated with your purchase or use of the Services, excluding taxes based solely on Warmo's income.

4.5 Subscription Renewals

Paid subscriptions automatically renew at the end of each subscription term unless cancelled before the applicable renewal date.

By purchasing a subscription, you authorize Warmo to charge the applicable subscription fees using your designated payment method upon each renewal.

Automatic renewals will occur for successive subscription periods equal to the original subscription term unless otherwise stated.

4.6 Subscription Changes

Warmo may permit customers to upgrade or downgrade subscription plans.

Where available, customers may elect to:

(a) upgrade a subscription immediately, in which case the upgraded plan and applicable charges may take effect immediately; or

(b) schedule an upgrade to take effect upon the commencement of the next billing cycle.

Downgrades generally take effect at the start of the next renewal period unless otherwise specified by Warmo.

Warmo reserves the right to determine how subscription changes, billing adjustments, feature access, and plan transitions are implemented.

4.7 Cancellations

You may cancel your subscription at any time through your account settings or by contacting Warmo.

Cancellation will prevent future renewal charges but will not result in the immediate termination of access to the Services. Subject to these Terms, you may continue to access and use the applicable subscription features until the end of the then-current paid subscription period.

Upon expiration of the applicable subscription period, access to paid subscription features may be restricted, downgraded, suspended, or discontinued.

4.8 Refunds

Except where required by applicable law, all fees, payments, subscriptions, charges, and purchases are non-refundable.

Warmo does not provide refunds, credits, reimbursements, or prorated refunds for:

(a) unused subscription periods;

(b) partial billing periods;

(c) unused features or Services;

(d) account suspension resulting from violations of these Terms; or

(e) customer cancellation of a subscription.

4.9 Failed Payments and Non-Payment

If a payment cannot be successfully processed, Warmo may attempt to reprocess the payment using the payment method associated with your account.

If payment remains outstanding, Warmo may, without liability:

(a) restrict access to certain features or functionality;

(b) suspend access to the Services or portions thereof; or

(c) take other reasonable actions necessary to recover outstanding amounts.

Access to the Services may remain restricted or suspended until all outstanding amounts are paid in full.

4.10 Pricing Changes

Warmo reserves the right to modify subscription pricing, fees, plan structures, service levels, usage limits, quotas, and related offerings at any time.

Any pricing changes will apply prospectively and will not affect the then-current billing period for which payment has already been received.

Where required by applicable law, Warmo will provide reasonable notice before pricing changes become effective.

4.11 Promotional Pricing

Any promotional pricing, discounts, coupons, credits, incentives, or special offers are temporary unless expressly stated otherwise.

Upon expiration of a promotional period, subscriptions may automatically renew at Warmo's then-current standard pricing unless otherwise specified.

4.12 Enterprise and Custom Agreements

Certain customers may enter into separate written agreements with Warmo governing pricing, billing arrangements, payment schedules, service levels, or other commercial terms.

To the extent of any conflict between these Terms and a separately executed written agreement, the written agreement shall control with respect to the applicable customer and services covered by that agreement.

5.1 Connected Accounts and Integrations

Certain features of the Services may require you to connect, authorize, or integrate third-party accounts, platforms, applications, systems, or services ("Connected Services").

By connecting a Connected Service, you represent and warrant that:

(a) you own, control, or otherwise have all necessary rights and authority to connect and use such Connected Service in connection with the Services;

(b) the Connected Service is in good standing and not subject to suspension, restriction, compromise, or unauthorized use; and

(c) your connection and use of the Connected Service does not violate any applicable agreements, policies, laws, or regulations.

5.2 Authorization and Permissions

By connecting a Connected Service, you authorize Warmo to access, receive, process, transmit, store, and use information and data made available through the Connected Service as reasonably necessary to provide, maintain, secure, improve, and support the Services.

You are solely responsible for granting, maintaining, managing, and revoking any permissions, authorizations, credentials, or access rights associated with Connected Services.

Warmo shall not be responsible for any limitations, interruptions, failures, or issues resulting from insufficient permissions, revoked access, expired credentials, account restrictions, or changes made by you or the provider of a Connected Service.

5.3 Third-Party Terms and Conditions

Connected Services are provided, operated, and controlled by independent third parties.

Your use of any Connected Service remains subject to the terms, conditions, policies, privacy practices, and requirements of the applicable third-party provider. Warmo does not control and is not responsible for the actions, omissions, products, services, policies, or practices of any third-party provider.

You are solely responsible for reviewing and complying with all applicable terms governing your use of Connected Services.

5.4 Availability of Connected Services

Warmo does not guarantee the availability, compatibility, functionality, performance, security, or continued support of any Connected Service.

Connected Services may become unavailable, restricted, modified, suspended, discontinued, or otherwise changed by their providers at any time and without notice. Such changes may affect the functionality, availability, or operation of certain features of the Services.

Warmo shall not be liable for any interruption, limitation, delay, error, loss of functionality, or unavailability resulting from actions or omissions of any Connected Service provider.

5.5 Changes to Integrations

Warmo may add, modify, restrict, replace, suspend, discontinue, or remove integrations, connections, compatibility, or support for any Connected Service at any time and without liability.

Warmo shall have no obligation to maintain support for any specific Connected Service, integration, platform, application, or provider.

5.6 Suspension or Disconnection

Warmo may suspend, disable, restrict, or disconnect any Connected Service where reasonably necessary to:

(a) protect the security, integrity, or operation of the Services;

(b) comply with legal, regulatory, contractual, or provider requirements;

(c) investigate suspected fraud, abuse, unauthorized activity, or violations of these Terms; or

(d) prevent harm to Warmo, its users, Connected Service providers, or third parties.

Where reasonably practicable, Warmo may provide notice before taking such action, but shall have no obligation to do so.

5.7 Third-Party Data and Service Interruptions

Warmo is not responsible for any loss, corruption, deletion, delay, inaccuracy, interruption, unavailability, or failure of data, content, communications, functionality, or services arising from or relating to any Connected Service.

You acknowledge and agree that the continued availability and operation of Connected Services is outside Warmo's control and may depend on factors that Warmo cannot influence or prevent.

6.1 General Requirements

You may use the Services only in compliance with these Terms and all applicable laws, regulations, industry standards, and contractual obligations.

You are solely responsible for your use of the Services, including any content, communications, data, recipients, activities, campaigns, actions, or materials transmitted, stored, generated, uploaded, processed, or distributed through the Services.

You must not use the Services in any manner that is unlawful, deceptive, harmful, abusive, fraudulent, misleading, or otherwise inconsistent with the intended purpose of the Services.

6.2 Prohibited Activities

You shall not, directly or indirectly:

(a) Unlawful Activities

Violate any applicable law, regulation, court order, governmental requirement, or industry standard.

Facilitate or promote unlawful conduct.

Use the Services in connection with illegal goods, illegal services, criminal activity, money laundering, terrorism, human trafficking, child exploitation, sanctions violations, or other prohibited activities.

(b) Fraudulent or Deceptive Conduct

Engage in fraud, scams, deceptive practices, impersonation, or misleading conduct.

Misrepresent your identity, affiliations, business relationships, or authority.

Use false, misleading, or deceptive sender information or communications.

(c) Unlawful Outreach and Communications

Use the Services to send unlawful, deceptive, abusive, harassing, threatening, or non-compliant communications.

Violate applicable marketing, privacy, anti-spam, consumer protection, or communications laws.

Fail to honor opt-out requests, unsubscribe requests, suppression requirements, or other legally required recipient preferences.

(d) Security Violations

Upload, transmit, distribute, or facilitate malware, viruses, ransomware, malicious code, spyware, or other harmful technologies.

Attempt to gain unauthorized access to systems, accounts, networks, data, or infrastructure.

Interfere with or compromise the security, integrity, availability, or operation of the Services.

(e) Platform Abuse

Reverse engineer, decompile, disassemble, copy, reproduce, modify, or create derivative works of the Services except as expressly permitted by law.

Scrape, extract, harvest, benchmark, monitor, analyze, or otherwise use the Services for competitive purposes.

Conduct security testing, vulnerability scanning, penetration testing, or similar activities without Warmo's prior written authorization.

(f) Circumvention of Restrictions

Circumvent usage limits, technical restrictions, account controls, quotas, billing mechanisms, or security measures.

Create multiple accounts or otherwise attempt to bypass limitations imposed by Warmo.

Use automated means to overload, disrupt, interfere with, or negatively affect the operation of the Services.

(g) High-Risk or Harmful Activities

Promote or facilitate pyramid schemes, fraudulent investment opportunities, deceptive financial programs, get-rich-quick schemes, cryptocurrency scams, or similar high-risk activities.

Engage in conduct that may reasonably be expected to harm Warmo, its users, recipients, partners, service providers, or third parties.

6.3 Responsibility for Recipients and Communications

You are solely responsible for determining whether you have the legal right, authority, permissions, or lawful basis to contact, communicate with, or otherwise engage recipients using the Services.

You are responsible for maintaining the accuracy, legality, quality, and appropriateness of any recipient information, contact lists, imported data, uploaded information, or communications used through the Services.

Warmo does not guarantee the accuracy, completeness, legality, deliverability, suitability, or effectiveness of any information, recipient data, communications, or outcomes associated with the Services.

6.4 Enforcement and Investigations

Warmo reserves the right, but has no obligation, to investigate suspected violations of this Section or any other provision of these Terms.

Where Warmo reasonably believes that a violation has occurred or may occur, Warmo may, without liability and at its sole discretion:

(a) issue warnings;

(b) remove or restrict access to content, data, features, or functionality;

(c) restrict, suspend, or terminate access to the Services;

(d) disable accounts or integrations;

(e) refuse future access to the Services; or

(f) take any other action reasonably necessary to protect Warmo, its users, recipients, partners, service providers, or third parties.

6.5 Cooperation with Legal Authorities

Warmo may cooperate with law enforcement agencies, regulators, courts, governmental authorities, and other authorized parties in connection with investigations, legal proceedings, compliance obligations, or requests relating to the use of the Services.

Nothing in these Terms shall require Warmo to monitor user activity; however, Warmo reserves the right to take any action it reasonably determines necessary to comply with applicable law, protect its interests, or enforce these Terms.

7.1 Customer Content

You may submit, upload, import, create, generate, transmit, store, display, manage, or otherwise make available content, information, data, materials, communications, files, templates, campaigns, recipient information, reports, and other materials through the Services (collectively, "Customer Content").

As between you and Warmo, you retain all right, title, and interest in and to your Customer Content, subject to the rights granted to Warmo under these Terms.

Warmo does not claim ownership of Customer Content.

7.2 License to Warmo

You grant Warmo a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to host, store, reproduce, process, transmit, display, modify, adapt, and otherwise use Customer Content solely as necessary to provide, operate, maintain, secure, improve, support, and make available the Services.

This license is limited to the purposes described in these Terms and does not transfer ownership of Customer Content to Warmo.

7.3 Customer Responsibilities

You are solely responsible for all Customer Content and all activities conducted through your use of the Services.

Without limitation, you are responsible for:

(a) the accuracy, completeness, legality, quality, and appropriateness of Customer Content;

(b) all campaigns, communications, messages, content, attachments, templates, and materials transmitted or made available through the Services;

(c) all recipient lists, contact information, imported data, uploaded information, and related records;

(d) ensuring that your use of Customer Content complies with applicable laws, regulations, contractual obligations, and industry standards; and

(e) maintaining appropriate records, permissions, authorizations, and documentation where required.

7.4 Customer Representations and Warranties

You represent, warrant, and agree that:

(a) you own or otherwise possess all necessary rights, permissions, licenses, authorizations, and lawful bases required to submit, use, process, store, transmit, and make available Customer Content through the Services;

(b) your Customer Content does not violate applicable laws, regulations, contractual obligations, privacy rights, intellectual property rights, publicity rights, or other rights of any person or entity;

(c) Customer Content does not contain unlawful, infringing, fraudulent, deceptive, harmful, or unauthorized material; and

(d) your use of Customer Content in connection with the Services is lawful and authorized.

7.5 Intellectual Property Rights of Third Parties

You shall not upload, submit, transmit, distribute, store, or otherwise use Customer Content that infringes, misappropriates, violates, or otherwise conflicts with any copyright, trademark, patent, trade secret, proprietary right, intellectual property right, privacy right, publicity right, or other legal right of any third party.

Warmo reserves the right to remove, restrict, disable, or refuse Customer Content that may violate this Section or create legal, operational, security, or reputational risk.

7.6 Content Review and Removal

Warmo has no obligation to monitor, review, verify, screen, or evaluate Customer Content.

However, Warmo reserves the right, at its sole discretion and without liability, to review, investigate, remove, restrict, disable, or refuse Customer Content where Warmo reasonably believes such action is necessary to:

(a) enforce these Terms;

(b) comply with applicable law or legal process;

(c) protect the Services, users, third parties, or Warmo;

(d) address security, operational, or compliance concerns; or

(e) prevent harm, liability, abuse, or misuse.

7.7 AI-Generated and Automated Content

Certain features of the Services may generate, suggest, modify, analyze, or assist in the creation of content.

You acknowledge and agree that any content generated, suggested, or assisted through the Services may contain inaccuracies, omissions, errors, biases, or other limitations.

You are solely responsible for reviewing, evaluating, verifying, approving, and determining the suitability of any such content before relying upon it, distributing it, publishing it, transmitting it, or otherwise using it.

Warmo does not guarantee the accuracy, completeness, legality, reliability, or suitability of any generated or suggested content.

7.8 Data Export

Subject to your subscription plan, account status, and applicable technical limitations, Warmo may permit you to export certain Customer Content and related information from the Services.

Warmo reserves the right to establish reasonable restrictions, technical limitations, usage controls, formatting requirements, or export procedures relating to such exports.

7.9 Aggregated and De-Identified Data

Nothing in these Terms restricts Warmo from collecting, creating, using, analyzing, disclosing, or otherwise processing aggregated, anonymized, de-identified, statistical, or usage-based information that does not identify you or any individual.

Warmo may use such information for analytics, reporting, research, security, product development, service improvements, operational purposes, benchmarking, and other lawful business purposes.

8.1 Third-Party Information and Services

The Services may contain, provide access to, display, process, transmit, or otherwise make available information, content, data, records, insights, materials, communications, functionality, products, services, or other resources originating from third parties ("Third-Party Data and Services").

Third-Party Data and Services are provided for informational and operational purposes only and may be made available through integrations, connections, public sources, user-provided sources, service providers, or other third-party channels.

8.2 No Guarantee of Accuracy or Completeness

Third-Party Data and Services, as well as any related information, contact information, research outputs, insights, recommendations, signals, scores, analyses, summaries, or similar materials made available through the Services, may be incomplete, inaccurate, outdated, unavailable, delayed, inconsistent, misleading, subject to change, or otherwise limited.

Warmo does not independently verify all Third-Party Data and Services and makes no representations, warranties, guarantees, or commitments regarding the accuracy, completeness, reliability, legality, availability, timeliness, suitability, fitness for a particular purpose, or usefulness of any Third-Party Data and Services or any related information, insights, recommendations, signals, scores, analyses, summaries, research outputs, or similar materials.

You acknowledge and agree that any reliance upon Third-Party Data and Services, and any related information, recommendations, insights, signals, scores, analyses, summaries, research outputs, contact information, or similar materials, is solely at your own risk.

8.3 User Responsibility for Verification

You are solely responsible for evaluating, reviewing, verifying, validating, and determining the suitability of any Third-Party Data and Services before relying upon, using, acting upon, communicating with, contacting, engaging, or otherwise making decisions based on such information.

Any business, operational, commercial, legal, financial, compliance, marketing, or other decisions made using Third-Party Data and Services are solely your responsibility.

Warmo shall not be responsible for any actions, omissions, decisions, losses, liabilities, damages, claims, disputes, or consequences arising from your use of or reliance upon Third-Party Data and Services.

8.4 Third-Party Providers and Changes

Third-party providers may modify, suspend, restrict, discontinue, remove, replace, limit, or otherwise change their services, content, data, functionality, policies, or availability at any time and without notice.

Warmo has no control over such actions and shall not be responsible for any resulting interruptions, inaccuracies, limitations, delays, loss of functionality, loss of access, or changes affecting the Services or any Third-Party Data and Services.

8.5 Third-Party Terms and Policies

Your use of Third-Party Data and Services may be subject to separate terms, conditions, policies, privacy notices, restrictions, licensing requirements, or other agreements imposed by the applicable third-party provider.

You are solely responsible for reviewing and complying with any such requirements.

Warmo is not a party to and assumes no responsibility for any agreement, relationship, transaction, communication, or dispute between you and any third party.

8.6 No Endorsement

The availability of any Third-Party Data and Services through the Services does not constitute or imply any endorsement, sponsorship, recommendation, certification, approval, verification, partnership, or representation by Warmo.

Warmo makes no representations regarding the quality, reliability, legality, suitability, or performance of any Third-Party Data and Services.

8.7 Future Third-Party Services

From time to time, Warmo may add, remove, modify, replace, or discontinue Third-Party Data and Services made available through the Services.

Warmo has no obligation to continue providing access to any specific third-party information, functionality, provider, service, integration, or resource and may make such changes at any time and without liability.

9.1 AI-Powered Features

The Services may include artificial intelligence, machine learning, automation, predictive, analytical, generative, recommendation, assistance, or other technology-enabled features (collectively, "AI Features").

AI Features may generate, create, suggest, modify, analyze, summarize, interpret, organize, prioritize, score, recommend, automate, or otherwise assist with content, information, communications, workflows, decisions, activities, or other outputs.

Warmo may introduce, modify, expand, limit, replace, suspend, discontinue, or remove AI Features at any time and without liability.

9.2 No Guarantee of Accuracy

AI Features may produce outputs, suggestions, recommendations, content, analyses, scores, interpretations, summaries, or other results ("AI Outputs") that are inaccurate, incomplete, outdated, inconsistent, biased, misleading, inappropriate, unavailable, or otherwise imperfect.

AI Outputs are generated automatically and may not reflect real-world circumstances, current information, legal requirements, business conditions, or your specific needs.

Warmo does not represent, warrant, guarantee, or undertake that any AI Output is accurate, complete, reliable, suitable, lawful, current, error-free, or fit for any particular purpose.

9.3 User Review and Responsibility

You are solely responsible for reviewing, evaluating, verifying, validating, approving, and determining the appropriateness of any AI Output before relying upon, publishing, distributing, transmitting, implementing, acting upon, or otherwise using it.

You acknowledge that AI Outputs should not be relied upon as the sole basis for any decision, action, communication, transaction, campaign, strategy, or business activity.

Any use of AI Outputs is entirely at your own risk.

9.4 No Professional Advice

AI Outputs are provided for informational and assistance purposes only.

AI Outputs do not constitute legal advice, financial advice, tax advice, accounting advice, compliance advice, regulatory advice, investment advice, professional advice, or any other form of professional guidance.

You are solely responsible for obtaining independent professional advice where appropriate.

9.5 Business Decisions and Outcomes

You are solely responsible for any decisions, actions, communications, campaigns, strategies, transactions, relationships, or business activities that are based upon or influenced by AI Outputs.

Warmo shall not be responsible for any loss, damage, liability, claim, cost, expense, missed opportunity, business outcome, regulatory consequence, or other result arising from your use of or reliance upon AI Outputs.

Without limitation, Warmo makes no guarantee regarding:

(a) response rates;

(b) engagement rates;

(c) lead quality;

(d) conversion rates;

(e) business opportunities;

(f) commercial success;

(g) revenue generation; or

(h) any other performance outcome.

9.6 Ownership and Use of AI Outputs

Subject to these Terms and applicable law, you may use AI Outputs generated through the Services for your internal business purposes and other lawful purposes.

You remain solely responsible for ensuring that your use of AI Outputs complies with applicable laws, regulations, contractual obligations, intellectual property rights, and other legal requirements.

Nothing in this Section shall be interpreted as transferring ownership of Warmo's intellectual property, software, technology, models, systems, methodologies, or underlying AI Features.

9.7 Responsible Use of AI Features

You may not use AI Features in a manner that violates these Terms, applicable law, third-party rights, or the intended purpose of the Services.

Warmo reserves the right to monitor usage of AI Features for security, operational, abuse-prevention, compliance, service integrity, and platform protection purposes.

Warmo may restrict, limit, suspend, disable, or terminate access to AI Features where it reasonably determines that such action is necessary to protect the Services, users, third parties, or Warmo.

9.8 Future AI Features

The provisions of this Section apply to all current and future AI Features made available through the Services, regardless of their functionality, purpose, method of operation, level of automation, degree of autonomy, or underlying technology.

The introduction of new AI Features shall not create any representation, warranty, commitment, or obligation beyond those expressly stated in these Terms.

10.1 User Compliance Obligations

You are solely responsible for ensuring that your access to and use of the Services complies with all applicable laws, regulations, rules, industry standards, self-regulatory requirements, governmental guidance, and legal obligations in any jurisdiction in which you operate or communicate.

Your compliance obligations apply regardless of whether the Services facilitate, automate, assist with, recommend, generate, organize, process, or otherwise support any activity, communication, campaign, workflow, or business operation.

Nothing in the Services or these Terms shall be interpreted as authorizing, permitting, or advising any conduct that may violate applicable laws or regulations.

10.2 Communications and Marketing Compliance

You are solely responsible for ensuring that all communications, campaigns, outreach activities, marketing activities, messages, content, recipient targeting, contact practices, and related activities conducted through or in connection with the Services comply with applicable laws and requirements.

Without limitation, you are responsible for ensuring that communications are lawful, truthful, accurate, non-deceptive, and compliant with all applicable legal, regulatory, contractual, and industry obligations.

Warmo does not review, approve, certify, validate, or guarantee the legality or compliance of any communication, campaign, content, outreach activity, or recipient engagement.

10.3 Permissions, Consents, and Lawful Basis

You are solely responsible for determining whether consent, authorization, permission, notice, disclosure, lawful basis, or any other legal justification is required before collecting, processing, storing, using, sharing, transmitting, or communicating with any individual, organization, or recipient.

You are solely responsible for obtaining, maintaining, documenting, and demonstrating any permissions, consents, authorizations, notices, lawful bases, or other legal requirements applicable to your activities.

Warmo does not determine whether you possess the rights, permissions, consent, lawful basis, or authority necessary for your use of the Services.

10.4 Opt-Outs and Recipient Preferences

You are solely responsible for honoring unsubscribe requests, opt-out requests, suppression requirements, communication preferences, withdrawal of consent requests, and any other recipient rights or preferences required by applicable law.

You are responsible for maintaining and managing suppression lists, recipient preferences, consent records, and related compliance records where required.

Warmo shall not be responsible for your failure to honor recipient rights, preferences, requests, or legal obligations.

10.5 Geographic and Jurisdictional Compliance

You acknowledge that laws governing privacy, marketing, communications, consumer protection, electronic messaging, data processing, recordkeeping, and related activities may vary by country, state, province, territory, industry, or jurisdiction.

You are solely responsible for identifying, understanding, interpreting, and complying with the legal requirements applicable to your activities and recipients.

Warmo makes no representation, warranty, or guarantee that the Services satisfy the legal requirements of any particular jurisdiction or use case.

10.6 No Legal or Compliance Advice

The Services are provided as software tools and are not intended to provide legal advice, regulatory advice, compliance advice, professional advice, or other legal guidance.

Any information, content, recommendations, suggestions, analyses, outputs, communications, documentation, templates, or materials made available through the Services are provided for informational and operational purposes only.

You should consult qualified legal, regulatory, privacy, compliance, or other professional advisors regarding your specific obligations and circumstances.

10.7 Regulatory Inquiries and Complaints

You are solely responsible for responding to complaints, inquiries, investigations, requests, notices, claims, disputes, or enforcement actions relating to your activities, communications, campaigns, content, recipients, or use of the Services.

Warmo shall not be responsible for any fines, penalties, damages, liabilities, settlements, enforcement actions, investigations, regulatory proceedings, or legal claims arising from your conduct or use of the Services.

10.8 Cooperation and Compliance Reviews

Where reasonably necessary to protect the Services, comply with legal obligations, investigate complaints, address suspected violations, or mitigate risk, Warmo may request information, documentation, explanations, records, or other materials relating to your use of the Services.

You agree to reasonably cooperate with such requests.

Failure to cooperate may result in restrictions, suspension, or termination of access to the Services.

10.9 Protective Actions

If Warmo reasonably believes that your use of the Services may create legal, regulatory, operational, reputational, security, compliance, or business risk, Warmo may, without liability and at its sole discretion:

(a) restrict or limit access to certain features or functionality;

(b) suspend communications, campaigns, integrations, or activities;

(c) request additional information or documentation;

(d) restrict or suspend access to the Services; or

(e) take any other action reasonably necessary to protect Warmo, its users, recipients, service providers, partners, or third parties.

Warmo shall have no obligation to permit continued use of the Services where compliance concerns or legal risks exist.

11.1 Ownership of the Services

The Services, including all software, technology, applications, platforms, websites, APIs, user interfaces, designs, layouts, visual elements, documentation, content, features, functionality, trademarks, service marks, logos, branding, trade names, proprietary materials, and all related intellectual property rights are and shall remain the exclusive property of Warmo and its licensors.

Except for the limited rights expressly granted under these Terms, no ownership rights, licenses, interests, or intellectual property rights are transferred to you.

All rights not expressly granted are reserved by Warmo.

11.2 Future Products and Services

The intellectual property rights described in these Terms apply to all current and future versions of the Services, including any enhancements, improvements, modifications, updates, upgrades, integrations, features, products, services, technologies, tools, functionality, or related offerings developed or made available by Warmo.

11.3 Customer Ownership

As between you and Warmo, you retain all right, title, and interest in and to your Customer Content, including any campaigns, templates, communications, uploaded materials, recipient information, reports, lists, files, records, and other content submitted, created, imported, generated, stored, or managed through the Services.

Nothing in these Terms transfers ownership of Customer Content to Warmo.

Your ownership rights remain subject to the licenses granted to Warmo under these Terms and any applicable legal requirements.

11.4 Limited License to Use the Services

Subject to your compliance with these Terms and any applicable subscription requirements, Warmo grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services solely for your internal business and lawful purposes.

This license does not grant any ownership rights in the Services or any intellectual property associated with the Services.

11.5 Restrictions

Except as expressly permitted by applicable law or these Terms, you shall not, directly or indirectly:

(a) copy, reproduce, distribute, publish, display, license, sublicense, lease, sell, transfer, assign, or otherwise exploit the Services;

(b) modify, adapt, translate, reverse engineer, decompile, disassemble, or attempt to derive source code, underlying structure, ideas, algorithms, methods, or technology associated with the Services;

(c) create derivative works based upon the Services;

(d) remove, alter, obscure, or circumvent proprietary notices, copyright notices, trademarks, branding, security measures, or technical protections;

(e) use the Services to develop, train, benchmark, evaluate, improve, or support competing products or services; or

(f) access or use the Services for the purpose of monitoring, analyzing, replicating, or competing with the Services.

11.6 Artificial Intelligence and Proprietary Technology

The Services may include artificial intelligence, automation, machine learning, analytical, predictive, recommendation, or other proprietary technologies.

Except for rights expressly granted under these Terms, all rights, title, and interest in and to such technologies, methodologies, software, systems, models, tools, functionality, improvements, enhancements, and related intellectual property remain exclusively owned by Warmo and its licensors.

Nothing in these Terms shall be interpreted as granting any ownership interest in the underlying technology used to provide the Services.

11.7 Feedback and Suggestions

If you provide Warmo with feedback, comments, suggestions, ideas, recommendations, enhancement requests, feature requests, proposals, or other input regarding the Services ("Feedback"), you grant Warmo a perpetual, irrevocable, worldwide, royalty-free, transferable, sublicensable right to use, reproduce, modify, distribute, display, incorporate, commercialize, and otherwise exploit such Feedback for any lawful purpose without restriction, attribution, compensation, or obligation to you.

You represent and warrant that you have the necessary rights to provide such Feedback.

11.8 Open Source Components

Certain components of the Services may include or incorporate software, libraries, frameworks, or other materials that are subject to separate open-source or third-party license terms.

To the extent required by applicable open-source licenses, such licenses may govern your use of the relevant components instead of, or in addition to, these Terms.

Nothing in these Terms is intended to limit rights granted under applicable open-source licenses.

12.1 Confidential Information

For purposes of these Terms, "Confidential Information" means any non-public information disclosed by one party ("Disclosing Party") to the other party ("Receiving Party"), whether orally, electronically, visually, in writing, or by any other means, that reasonably should be understood to be confidential given the nature of the information or the circumstances surrounding its disclosure.

Confidential Information may include, without limitation:

(a) business plans, strategies, operations, and commercial information;

(b) financial information and non-public business records;

(c) technical information, software, systems, documentation, product information, security information, and technology-related materials;

(d) customer, account, user, recipient, or operational information;

(e) proprietary information, trade secrets, know-how, methodologies, and other non-public materials; and

(f) any information designated as confidential or proprietary.

12.2 Confidentiality Obligations

The Receiving Party shall:

(a) use Confidential Information solely as necessary to exercise its rights or perform its obligations under these Terms;

(b) protect Confidential Information using reasonable administrative, technical, organizational, and physical safeguards appropriate to the nature of the information;

(c) not disclose Confidential Information to any third party except as expressly permitted under these Terms; and

(d) take reasonable steps to prevent unauthorized access, use, disclosure, or distribution of Confidential Information.

The Receiving Party shall be responsible for ensuring that any authorized recipients of Confidential Information comply with confidentiality obligations no less protective than those contained in these Terms.

12.3 Exclusions from Confidential Information

Confidential Information does not include information that the Receiving Party can demonstrate:

(a) is or becomes publicly available through no breach of these Terms or other wrongful act;

(b) was lawfully known to the Receiving Party prior to disclosure by the Disclosing Party;

(c) is lawfully obtained from a third party without restriction on disclosure; or

(d) is independently developed by the Receiving Party without use of or reference to the Disclosing Party's Confidential Information.

12.4 Permitted Disclosures

A Receiving Party may disclose Confidential Information:

(a) to its employees, contractors, consultants, professional advisors, auditors, service providers, affiliates, or representatives who have a legitimate need to know such information for purposes related to these Terms and who are subject to confidentiality obligations;

(b) where disclosure is required by applicable law, regulation, court order, governmental authority, regulatory authority, legal process, or other binding legal obligation; or

(c) where disclosure is reasonably necessary to investigate fraud, abuse, security incidents, violations of these Terms, unlawful activity, or to protect the rights, property, safety, security, or legitimate interests of Warmo, its users, third parties, or the public.

Where legally permitted and reasonably practicable, the Receiving Party may provide notice to the Disclosing Party before making a legally compelled disclosure.

12.5 Publicity and Customer References

Neither party may publicly disclose, publish, announce, advertise, or otherwise represent that a business relationship exists between the parties, nor use the other party's name, trademarks, logos, branding, testimonials, case studies, endorsements, or similar materials in marketing, promotional, or public-facing materials without prior written consent.

Nothing in this Section restricts disclosures required by law or disclosures expressly authorized in writing by the applicable party.

12.6 Survival

The obligations set forth in this Section shall survive the expiration, termination, suspension, or discontinuation of these Terms and shall continue for so long as the applicable information remains Confidential Information under these Terms.

13.1 Suspension Rights

Warmo may, at its sole discretion and without liability, restrict, suspend, disable, limit, or otherwise interrupt access to all or any portion of the Services where Warmo reasonably believes that such action is necessary or appropriate.

Without limitation, Warmo may take such action if:

(a) you violate or are suspected of violating these Terms or any applicable policies;

(b) your use of the Services creates legal, regulatory, compliance, operational, reputational, financial, security, or business risk;

(c) Warmo reasonably suspects fraud, abuse, unauthorized activity, deceptive conduct, unlawful activity, or misuse of the Services;

(d) payment obligations remain outstanding or payment processing issues arise;

(e) a chargeback, payment dispute, fraudulent transaction, or similar event occurs;

(f) Warmo receives complaints, reports, notices, inquiries, or allegations relating to your use of the Services;

(g) access is necessary to protect the security, integrity, availability, performance, or operation of the Services; or

(h) Warmo is required or requested to take such action by law, regulation, court order, governmental authority, regulator, service provider, or other authorized party.

13.2 Restrictions and Protective Measures

Prior to or instead of suspension, Warmo may implement one or more protective measures, including:

(a) restricting access to specific features, functionality, integrations, services, or content;

(b) pausing, delaying, limiting, disabling, or restricting activities conducted through the Services;

(c) requesting information, documentation, verification, or clarification;

(d) imposing usage limitations, account restrictions, or additional safeguards; or

(e) taking any other action reasonably necessary to protect the Services, Warmo, users, recipients, service providers, partners, or third parties.

Warmo shall determine, in its sole discretion, the nature and scope of any restriction, limitation, or protective measure.

13.3 Customer Termination

You may terminate your account or discontinue your use of the Services at any time, subject to any applicable subscription commitments, billing obligations, and other provisions of these Terms.

Termination or cancellation does not relieve you of any payment obligations accrued prior to the effective date of termination.

Unless otherwise provided in these Terms, fees paid prior to termination remain non-refundable.

13.4 Warmo Termination Rights

Warmo may terminate these Terms, your account, your subscription, or your access to the Services, in whole or in part, at any time and without liability where Warmo reasonably determines that:

(a) you have materially violated these Terms;

(b) violations are repeated, ongoing, or incapable of remedy;

(c) continued access creates unacceptable legal, operational, compliance, security, reputational, financial, or business risk;

(d) unlawful activity, fraud, abuse, or misuse is suspected or confirmed;

(e) Warmo is required to do so by law, regulation, legal process, governmental authority, or other binding obligation; or

(f) termination is otherwise necessary to protect Warmo, the Services, users, recipients, service providers, partners, or third parties.

Nothing in these Terms obligates Warmo to continue providing access to the Services where Warmo determines that such access may create risk or liability.

13.5 Notice

Where reasonably practicable, Warmo may provide notice of a suspension, restriction, or termination.

However, Warmo shall have no obligation to provide advance notice where doing so may:

(a) compromise security;

(b) interfere with an investigation;

(c) create legal or regulatory risk;

(d) increase potential harm; or

(e) otherwise be impractical under the circumstances.

13.6 Effect of Suspension or Termination

Upon suspension or termination:

(a) your right to access and use the affected portions of the Services may immediately cease;

(b) Warmo may disable access credentials, connected services, integrations, features, or functionality;

(c) certain Customer Content, account information, settings, records, or data may become inaccessible in accordance with Warmo's policies and technical capabilities; and

(d) Warmo may, but is not obligated to, provide a limited opportunity to export or retrieve certain Customer Content, subject to account status, technical limitations, legal requirements, security considerations, and applicable policies.

Warmo shall not be liable for any loss of access, interruption of operations, loss of data, loss of business opportunity, or other consequences arising from suspension or termination in accordance with these Terms.

13.7 Survival

Any provisions of these Terms that by their nature should survive suspension, expiration, or termination shall remain in full force and effect following such suspension, expiration, or termination.

Without limitation, provisions relating to payment obligations, intellectual property rights, confidentiality, disclaimers, limitations of liability, indemnification, dispute resolution, and any accrued rights or obligations shall survive termination.

14.1 Services Provided "As Is"

THE SERVICES ARE PROVIDED ON AN "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

YOUR ACCESS TO AND USE OF THE SERVICES IS AT YOUR SOLE RISK.

WARMO DOES NOT REPRESENT, WARRANT, OR GUARANTEE THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, EXPECTATIONS, OBJECTIVES, OR INTENDED RESULTS.

14.2 No Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WARMO DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, CONDITIONS, AND GUARANTEES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION:

(a) WARRANTIES OF MERCHANTABILITY;

(b) WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE;

(c) WARRANTIES OF NON-INFRINGEMENT;

(d) WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE; and

(e) ANY OTHER IMPLIED WARRANTY OR CONDITION.

WITHOUT LIMITING THE FOREGOING, WARMO DOES NOT WARRANT THAT:

(i) THE SERVICES WILL BE UNINTERRUPTED, AVAILABLE, TIMELY, SECURE, OR ERROR-FREE;

(ii) DEFECTS, ERRORS, OR ISSUES WILL BE CORRECTED;

(iii) THE SERVICES WILL BE FREE FROM VIRUSES, MALICIOUS CODE, OR OTHER HARMFUL COMPONENTS;

(iv) INFORMATION, DATA, CONTENT, ANALYSES, OUTPUTS, OR MATERIALS AVAILABLE THROUGH THE SERVICES WILL BE ACCURATE, COMPLETE, CURRENT, RELIABLE, OR SUITABLE; OR

(v) THE SERVICES WILL REMAIN AVAILABLE WITHOUT MODIFICATION, INTERRUPTION, RESTRICTION, OR DISCONTINUATION.

14.3 No Business Outcome Guarantees

WARMO MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING ANY BUSINESS, COMMERCIAL, OPERATIONAL, MARKETING, SALES, OR FINANCIAL OUTCOME.

WITHOUT LIMITATION, WARMO DOES NOT GUARANTEE:

(a) LEAD QUALITY;

(b) LEAD ACCURACY;

(c) CONTACTABILITY OF RECIPIENTS;

(d) THE ACCURACY, COMPLETENESS, TIMELINESS, OR SUITABILITY OF ANY RESEARCH, INSIGHT, SIGNAL, RECOMMENDATION, SCORE, OR OTHER INFORMATION MADE AVAILABLE THROUGH THE SERVICES;

(e) EMAIL DELIVERABILITY, INBOX PLACEMENT, DOMAIN REPUTATION, SENDER REPUTATION, OR ACCOUNT HEALTH;

(f) RESPONSE RATES;

(g) OPEN RATES;

(h) ENGAGEMENT RATES;

(i) CONVERSION RATES;

(j) MEETINGS BOOKED;

(k) BUSINESS OPPORTUNITIES;

(l) REVENUE GENERATION;

(m) RETURN ON INVESTMENT; OR

(n) ANY OTHER PERFORMANCE, MARKETING, SALES, COMMERCIAL, OR BUSINESS RESULT.

RESULTS MAY VARY SUBSTANTIALLY DEPENDING ON FACTORS OUTSIDE WARMO'S CONTROL, INCLUDING RECIPIENT BEHAVIOR, MARKET CONDITIONS, EMAIL PROVIDER POLICIES, THIRD-PARTY SERVICES, DOMAIN CONFIGURATION, COMMUNICATION CONTENT, AND OTHER EXTERNAL FACTORS.

14.4 Third-Party Data, Services, and External Factors

WARMO MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES REGARDING ANY THIRD-PARTY DATA, THIRD-PARTY SERVICES, CONNECTED ACCOUNTS, INTEGRATIONS, PROVIDERS, COMMUNICATION NETWORKS, INTERNET SERVICES, OR EXTERNAL PLATFORMS.

WARMO SHALL NOT BE RESPONSIBLE FOR INTERRUPTIONS, DELAYS, FAILURES, RESTRICTIONS, INACCURACIES, POLICY CHANGES, ACCOUNT LIMITATIONS, OR OTHER ISSUES CAUSED BY THIRD PARTIES OR EXTERNAL FACTORS.

THE AVAILABILITY AND PERFORMANCE OF CERTAIN FEATURES MAY DEPEND ON THIRD-PARTY SYSTEMS THAT ARE OUTSIDE WARMO'S CONTROL.

14.5 Artificial Intelligence and Automated Features

WARMO MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, SUITABILITY, LEGALITY, OR APPROPRIATENESS OF ANY AI-GENERATED, AUTOMATED, PREDICTIVE, ANALYTICAL, OR TECHNOLOGY-ASSISTED OUTPUT.

ANY CONTENT, RECOMMENDATION, ANALYSIS, SCORE, SUMMARY, COMMUNICATION, OR OTHER OUTPUT GENERATED THROUGH THE SERVICES MUST BE INDEPENDENTLY REVIEWED AND EVALUATED BY YOU BEFORE USE.

14.6 No Compliance Guarantee

WARMO DOES NOT REPRESENT, WARRANT, OR GUARANTEE THAT USE OF THE SERVICES WILL SATISFY ANY LEGAL, REGULATORY, PRIVACY, DATA PROTECTION, COMMUNICATIONS, MARKETING, INDUSTRY, OR COMPLIANCE REQUIREMENT.

YOU ARE SOLELY RESPONSIBLE FOR DETERMINING AND ENSURING YOUR COMPLIANCE WITH APPLICABLE LAWS, REGULATIONS, INDUSTRY STANDARDS, AND LEGAL OBLIGATIONS.

14.7 Beta and Experimental Features

BETA FEATURES, EARLY ACCESS FEATURES, PREVIEW FEATURES, EXPERIMENTAL FEATURES, AND SIMILAR OFFERINGS ARE PROVIDED WITHOUT ANY WARRANTY, REPRESENTATION, COMMITMENT, SERVICE LEVEL, SUPPORT OBLIGATION, OR GUARANTEE OF ANY KIND.

SUCH FEATURES MAY BE MODIFIED, RESTRICTED, SUSPENDED, OR DISCONTINUED AT ANY TIME.

14.8 Customer Assumption of Risk

YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES, ANY INFORMATION MADE AVAILABLE THROUGH THE SERVICES, ANY COMMUNICATIONS CONDUCTED THROUGH THE SERVICES, AND ANY DECISIONS MADE IN CONNECTION WITH THE SERVICES ARE ENTIRELY AT YOUR OWN RISK.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ASSUME ALL RISKS ASSOCIATED WITH YOUR USE OF THE SERVICES.

15.1 Exclusion of Certain Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WARMO, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTRACTORS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR REPRESENTATIVES BE LIABLE FOR ANY:

(a) INDIRECT DAMAGES;

(b) INCIDENTAL DAMAGES;

(c) SPECIAL DAMAGES;

(d) CONSEQUENTIAL DAMAGES;

(e) EXEMPLARY DAMAGES;

(f) PUNITIVE DAMAGES;

(g) LOSS OF PROFITS;

(h) LOSS OF REVENUE;

(i) LOSS OF BUSINESS;

(j) LOSS OF GOODWILL;

(k) LOSS OF OPPORTUNITIES;

(l) LOSS OF ANTICIPATED SAVINGS;

(m) BUSINESS INTERRUPTION;

(n) LOSS, CORRUPTION, DELETION, OR INACCURACY OF DATA;

(o) PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; or

(p) ANY OTHER INDIRECT OR COMMERCIAL LOSS,

ARISING OUT OF OR RELATING TO THE SERVICES, THESE TERMS, OR YOUR USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF WARMO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

15.2 Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF WARMO, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTRACTORS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND REPRESENTATIVES ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO WARMO FOR THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

IF YOU HAVE NOT PAID ANY FEES TO WARMO DURING THE APPLICABLE PERIOD, WARMO'S TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED ONE HUNDRED UNITED STATES DOLLARS (USD $100).

THIS LIMITATION APPLIES IN THE AGGREGATE AND NOT ON A PER-CLAIM BASIS.

15.3 Application of Limitations

THE LIMITATIONS, EXCLUSIONS, DISCLAIMERS, AND LIABILITY RESTRICTIONS SET FORTH IN THESE TERMS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF:

(a) THE FORM OF ACTION;

(b) THE LEGAL THEORY ASSERTED;

(c) WHETHER A REMEDY FAILS OF ITS ESSENTIAL PURPOSE;

(d) WHETHER DAMAGES WERE FORESEEABLE; OR

(e) WHETHER WARMO WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

15.4 Third-Party Services and External Factors

WITHOUT LIMITING THE FOREGOING, WARMO SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE, LIABILITY, CLAIM, COST, OR EXPENSE ARISING FROM OR RELATING TO:

(a) THIRD-PARTY DATA;

(b) THIRD-PARTY SERVICES;

(c) CONNECTED ACCOUNTS;

(d) INTEGRATIONS;

(e) INTERNET SERVICE INTERRUPTIONS;

(f) COMMUNICATION NETWORK FAILURES;

(g) THIRD-PARTY PROVIDER ACTIONS OR OMISSIONS;

(h) EXTERNAL SYSTEM FAILURES; OR

(i) FACTORS OUTSIDE WARMO'S REASONABLE CONTROL.

15.5 Artificial Intelligence and Automated Features

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WARMO SHALL NOT BE LIABLE FOR ANY DECISION, ACTION, COMMUNICATION, BUSINESS OUTCOME, LOSS, LIABILITY, OR CONSEQUENCE ARISING FROM OR RELATING TO THE USE OF AI FEATURES, AI OUTPUTS, AUTOMATED RECOMMENDATIONS, ANALYSES, SCORES, SUMMARIES, OR OTHER TECHNOLOGY-ASSISTED FUNCTIONALITY MADE AVAILABLE THROUGH THE SERVICES.

YOU ACKNOWLEDGE THAT ALL AI OUTPUTS REQUIRE INDEPENDENT REVIEW AND VERIFICATION PRIOR TO USE.

15.6 Compliance, Communications, and Customer Activities

WARMO SHALL NOT BE LIABLE FOR ANY CLAIM, INVESTIGATION, ENFORCEMENT ACTION, REGULATORY PROCEEDING, FINE, PENALTY, LIABILITY, LOSS, OR DAMAGE ARISING FROM:

(a) YOUR COMMUNICATIONS OR CAMPAIGNS;

(b) YOUR RECIPIENT LISTS OR CONTACT DATA;

(c) YOUR MARKETING OR OUTREACH ACTIVITIES;

(d) YOUR FAILURE TO COMPLY WITH APPLICABLE LAWS;

(e) YOUR FAILURE TO OBTAIN REQUIRED PERMISSIONS OR CONSENTS; OR

(f) YOUR USE OF THE SERVICES IN VIOLATION OF THESE TERMS.

15.7 Basis of the Bargain

YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS, EXCLUSIONS, LIABILITY LIMITATIONS, AND RISK ALLOCATIONS SET FORTH IN THESE TERMS CONSTITUTE AN ESSENTIAL BASIS OF THE AGREEMENT BETWEEN YOU AND WARMO.

THE FEES CHARGED FOR THE SERVICES REFLECT THIS ALLOCATION OF RISK, AND WARMO WOULD NOT PROVIDE THE SERVICES ON THE SAME TERMS WITHOUT THESE LIMITATIONS.

16.1 Indemnification Obligation

You agree to defend, indemnify, and hold harmless Warmo, its affiliates, licensors, service providers, contractors, officers, directors, employees, agents, representatives, successors, and assigns (collectively, the "Warmo Parties") from and against any and all claims, demands, actions, proceedings, investigations, disputes, liabilities, damages, judgments, settlements, penalties, fines, costs, expenses, and reasonable attorneys' fees arising out of or relating to:

(a) your access to or use of the Services;

(b) your Customer Content;

(c) your communications, campaigns, outreach activities, marketing activities, or recipient interactions;

(d) your violation of these Terms or any applicable policies;

(e) your violation of applicable laws, regulations, legal requirements, industry standards, or contractual obligations; or

(f) any act, omission, misconduct, negligence, fraud, misuse, or unauthorized activity by you or any person acting on your behalf.

16.2 Covered Claims

Without limiting the foregoing, your indemnification obligations apply to claims arising from or relating to:

(a) Customer Content, uploaded materials, recipient lists, contact information, communications, campaigns, templates, reports, files, records, or other materials submitted, created, imported, stored, transmitted, or used through the Services;

(b) allegations that your activities, content, communications, or use of the Services violate privacy rights, publicity rights, intellectual property rights, contractual rights, proprietary rights, or other legal rights of any person or entity;

(c) recipient complaints, unsubscribe complaints, communication complaints, spam complaints, marketing complaints, consumer complaints, or similar allegations;

(d) alleged violations of privacy, data protection, communications, marketing, consumer protection, anti-spam, or similar laws and regulations;

(e) investigations, enforcement actions, proceedings, audits, inquiries, notices, penalties, fines, or sanctions initiated by governmental authorities, regulators, industry bodies, or other authorized entities arising from your activities or use of the Services;

(f) your breach of representations, warranties, obligations, or responsibilities set forth in these Terms; or

(g) any misuse of the Services by you, your authorized users, agents, contractors, employees, representatives, or affiliates.

16.3 Defense and Cooperation

Warmo reserves the right, at its sole discretion and expense, to assume exclusive control of the defense, negotiation, settlement, or resolution of any matter subject to indemnification under this Section.

You agree to fully cooperate with Warmo in the investigation, defense, settlement, or resolution of any such matter and to provide information, documentation, records, assistance, and support reasonably requested by Warmo.

The exercise of any rights by Warmo under this Section shall not relieve you of your indemnification obligations.

16.4 Settlement Restrictions

You shall not settle, compromise, resolve, admit liability with respect to, or otherwise dispose of any claim subject to indemnification in a manner that imposes obligations upon, affects the rights of, requires action by, or otherwise impacts any Warmo Party without Warmo's prior written consent.

Warmo may withhold such consent in its sole discretion.

16.5 Recoverable Costs and Expenses

Your indemnification obligations include, without limitation:

(a) attorneys' fees and legal expenses;

(b) expert fees and professional costs;

(c) investigation costs;

(d) settlement amounts;

(e) judgments and awards;

(f) regulatory penalties and fines to the extent permitted by applicable law; and

(g) other reasonable costs, expenses, losses, and liabilities incurred by any Warmo Party in connection with a covered claim.

16.6 Survival

The obligations set forth in this Section shall survive the suspension, expiration, termination, cancellation, or discontinuation of your account, subscription, access to the Services, or these Terms.

17.1 Governing Law

These Terms, the Services, and any dispute, claim, controversy, action, or proceeding arising out of or relating to these Terms or the Services shall be governed by and construed in accordance with the laws of England and Wales, without regard to any conflict of laws principles that would result in the application of the laws of another jurisdiction.

The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply to these Terms.

17.2 Informal Dispute Resolution

Before initiating arbitration, litigation, or any formal legal proceeding, the parties agree to first attempt to resolve any dispute through good-faith negotiations.

A party seeking to initiate a dispute shall provide written notice describing the nature of the dispute and the relief sought.

The parties shall use reasonable efforts to resolve the dispute informally within thirty (30) days following receipt of such notice.

If the dispute is not resolved within the applicable period, either party may proceed with arbitration as provided in this Section.

17.3 Binding Arbitration

Except as otherwise expressly provided in these Terms, any dispute, claim, controversy, or cause of action arising out of or relating to these Terms, the Services, or the relationship between the parties shall be finally resolved by binding arbitration.

The arbitration shall be administered by the London Court of International Arbitration (LCIA) in accordance with the LCIA Rules in effect at the time the arbitration is commenced.

The seat of arbitration shall be London, England.

The arbitration shall be conducted in the English language.

The arbitral tribunal shall consist of a single arbitrator unless otherwise required by the applicable arbitration rules.

The arbitrator's decision shall be final and binding upon the parties and may be entered and enforced in any court of competent jurisdiction.

17.4 Class Action Waiver

To the maximum extent permitted by applicable law, all disputes shall be brought solely in an individual capacity and not as a plaintiff, claimant, class representative, class member, private attorney general, or participant in any representative, collective, consolidated, or class proceeding.

The parties expressly waive any right to participate in or bring any class action, collective action, representative action, consolidated action, or similar proceeding against the other party.

To the extent applicable law prohibits the waiver of certain representative claims, such claims shall be severed and resolved separately to the maximum extent permitted by law.

17.5 Injunctive and Equitable Relief

Nothing in these Terms shall prevent either party from seeking temporary, preliminary, emergency, equitable, or injunctive relief from a court of competent jurisdiction where such relief is reasonably necessary to:

(a) protect intellectual property rights;

(b) protect Confidential Information;

(c) prevent unauthorized access to the Services;

(d) address security incidents or misuse of the Services; or

(e) prevent immediate or irreparable harm.

The pursuit of such relief shall not constitute a waiver of the obligation to arbitrate other disputes under this Section.

17.6 Time Limitation for Claims

To the maximum extent permitted by applicable law, any claim, cause of action, demand, dispute, or proceeding arising out of or relating to these Terms or the Services must be commenced within one (1) year after the event giving rise to the claim occurred.

Any claim not brought within such period shall be permanently barred.

17.7 Exclusive Forum for Permitted Court Proceedings

Where a dispute is permitted to proceed in court rather than arbitration, the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.

Each party waives any objection based upon venue, forum non conveniens, or similar grounds.

17.8 Enterprise and Custom Agreements

If a separate written agreement between Warmo and a customer contains dispute resolution, governing law, venue, arbitration, jurisdiction, or forum provisions that differ from this Section, the terms of that written agreement shall control solely with respect to the matters covered by that agreement.

18.1 Right to Modify the Terms

Warmo reserves the right to modify, amend, update, revise, supplement, replace, or otherwise change these Terms at any time and in its sole discretion.

Such changes may be made to reflect, among other things:

(a) changes to the Services, features, functionality, or business operations;

(b) legal, regulatory, compliance, or industry developments;

(c) security, operational, or technical requirements;

(d) changes in commercial practices; or

(e) other business, legal, or operational considerations.

18.2 Notice of Changes

Where reasonably appropriate, Warmo may provide notice of changes to these Terms through one or more of the following methods:

(a) posting updated Terms on the Services or applicable website;

(b) providing notice through the Services;

(c) sending notice to the email address associated with your account; or

(d) using any other reasonable method of communication.

For material changes, Warmo will generally endeavor to provide notice at least thirty (30) days before the changes become effective, unless a shorter period is required due to legal, regulatory, security, abuse-prevention, operational, or other urgent circumstances.

Warmo shall have no obligation to provide individualized notice to every user.

18.3 Effective Date

Unless otherwise stated, updated Terms shall become effective on the date specified in the updated version of the Terms.

Non-material changes, administrative updates, clarifications, corrections, formatting changes, or similar modifications may become effective immediately upon publication.

18.4 Acceptance of Updated Terms

By continuing to access or use the Services after updated Terms become effective, you acknowledge and agree to be bound by the revised Terms.

If you do not agree to the updated Terms, your sole remedy is to discontinue use of the Services and, where applicable, cancel your account and subscription.

18.5 Prospective Application

Unless expressly required by applicable law or expressly stated in the updated Terms, modifications to these Terms shall apply prospectively from their effective date and shall not retroactively alter rights or obligations that arose before such effective date.

18.6 Urgent Changes

Notwithstanding anything to the contrary, Warmo may implement changes immediately where reasonably necessary to:

(a) comply with applicable laws, regulations, legal obligations, or governmental requirements;

(b) address security risks, vulnerabilities, threats, abuse, fraud, or unlawful activity;

(c) protect the Services, users, third parties, or Warmo; or

(d) respond to urgent operational or technical circumstances.

18.7 Enterprise and Custom Agreements

If a separate written agreement between Warmo and a customer expressly governs changes to contractual terms, such agreement shall control solely with respect to the matters covered by that agreement and only for the applicable customer.

19.1 Contacting Warmo

If you have questions regarding these Terms, the Services, your account, legal matters, privacy matters, or other inquiries, you may contact Warmo using the information below:

Legal Entity:

Kokorick Ltd

Registered Address:

86-90 Paul Street

London EC2A 4NE

England

Website:

warmo.ai

Legal Notices:

legal@warmo.ai

Privacy Requests:

privacy@warmo.ai

Support Inquiries:

support@warmo.ai

19.2 Notices to Warmo

Except where these Terms expressly provide otherwise, any legal notice, demand, request, claim, or other formal communication relating to these Terms or the Services must be sent to the applicable contact information designated by Warmo.

Warmo may require notices to contain sufficient information to identify the sender, the relevant account, the nature of the request, and any supporting information reasonably necessary to process the communication.

19.3 Notices to You

You agree that Warmo may provide notices, disclosures, updates, communications, legal information, service announcements, or other information relating to the Services by:

(a) sending communications to the email address associated with your account;

(b) posting notices through the Services;

(c) displaying notices within your account or workspace; or

(d) using any other reasonable method of communication.

You are responsible for maintaining accurate and current contact information associated with your account.

Notices provided by Warmo shall be deemed received when transmitted, posted, displayed, or otherwise made available through the applicable communication method.

19.4 Electronic Communications

You consent to receive communications, notices, disclosures, agreements, records, and other information electronically.

Electronic communications satisfy any legal requirement that such communications be provided in writing, to the extent permitted by applicable law.