Terms of Service

Version 2026-09-11 · Terms last updated: 11 September 2026 · published with the privacy policy of 11 September 2026

These Terms of Service (the "Terms") are the agreement between ColdMerge, a product of Nocode Dev LLC ("ColdMerge", "we", "us"), of 30 N Gould St, Ste R, Sheridan, WY 82801, and you, the person or company that creates a ColdMerge account ("you", "your"). They cover the ColdMerge application at app.coldmerge.com, this website, and the documentation.

By creating an account, or by continuing to use ColdMerge after we publish a new version of these Terms, you agree to them. If you are agreeing on behalf of a company, you confirm you are allowed to bind that company, and "you" means that company.

How we handle personal data is a separate document, the privacy policy, which forms part of these Terms. Where these Terms and the privacy policy describe the same thing, the privacy policy is the more detailed account and it governs.

1. What ColdMerge is, and what it is not

ColdMerge is a tool that sends cold-email outreach through your own Gmail or Google Workspace account, paces it to protect your sending reputation, and reads incoming mail narrowly to detect replies and bounces to the messages it sent, so that follow-ups stop when someone answers.

We run no sending servers of our own. Every message ColdMerge sends leaves Google's servers, from your mailbox, under your Google account's own limits and policies. Your address is in the From header, the copy sits in your Sent folder, and replies land in your inbox. That fact is the reason section 3 reads the way it does.

ColdMerge is not a list-building service, a data broker, or an email service provider. We do not supply you with contacts, and we do not send on our own behalf through your mailbox.

2. Your account

• You must be at least 18 and able to enter a contract. ColdMerge is a business tool and is not offered to consumers for personal use.
• ColdMerge is currently in a private, invite-only beta. Access is by single-use invite code, an invite code is personal to you, and we may end the beta or change who can join at any time.
• You are responsible for everything done under your account, for keeping your password and your Google session secure, and for the people you give access to. Tell us promptly at [email protected] if you think your account has been compromised.
• You must give accurate account details and keep them current, including the postal address ColdMerge puts in your unsubscribe footer.
• One person, one account. Do not share a login, resell your access, or create accounts to work around a limit, a suspension, or the invite gate.

3. You are the sender of record

This is the most important clause in this document, so it gets its own section.

You are the sender of every message ColdMerge sends for you. You are the sender under the law, in the eyes of the recipient, and in the eyes of Google. ColdMerge is the tool you use to compose and schedule that mail; you decide who is contacted, what is said, and why. We are your service provider, not a co-sender and not a mailing-list operator.

Concretely, that means all of the following are yours, not ours:

• Deciding a recipient may lawfully be contacted. Whether you hold consent, a soft opt-in, a legitimate interest, or an applicable business-to-business exemption, and whether you can evidence it if asked.
• The content. Every claim, offer, price, attachment and link in your messages, including anything a merge field pulls in from your own data.
• The lawful basis for processing your contacts' personal data, and any privacy notice or disclosure they are owed. For that processing you are the data controller and we are your processor, as the privacy policy describes.
• Honouring opt-outs. Including opt-outs that reach you outside ColdMerge, such as a plain reply asking you to stop. ColdMerge keeps an organization-wide suppression list and honours every unsubscribe it receives, but it cannot see a request made to you by phone, on another channel, or in a reply it classified as an ordinary answer.
• Your Google account's own rules. Your use of Gmail or Google Workspace remains governed by your agreement with Google, including Google's sending limits, its bulk-sender requirements and its program policies. Nothing in these Terms lifts any of those, and a suspension by Google is not something we can undo.

4. Acceptable use and anti-spam

This section is the acceptable use and anti-spam policy. Breaking it is grounds for the pause, suspension or termination described in section 9.

4.1 Comply with the sending law that applies to your recipients

You must comply with every law that applies to the mail you send, in every country you send it to. That includes, without limitation:

• CAN-SPAM (United States): accurate headers and a subject line that is not deceptive, a clear disclosure that the message is an advertisement where that applies, a valid physical postal address in the message, a working opt-out honoured within ten business days, and responsibility for anything sent on your behalf.
• CASL (Canada): express or implied consent before you send, sender identification and contact details in the message, and a working unsubscribe honoured within ten business days.
• PECR and the UK and EU GDPR: a lawful basis for the processing, the soft opt-in or consent rules for electronic marketing where they apply, sender identity, an unsubscribe in every message, and the information rights of the people whose data you upload.
• The equivalent rules anywhere else you send, including Australia's Spam Act and any national implementation of the ePrivacy Directive.

You must also keep the mail you send inside Google's own bulk-sender guidelines, since your mailbox is the one sending it.

4.2 The list must be yours, and it must be legitimately obtained

You may not upload, import, or send to a list you obtained by any of the following. This is a flat prohibition, not a matter of volume:

• Purchased, rented, leased, bartered or otherwise acquired lists of email addresses.
• Scraped or harvested addresses: collected by a crawler, a browser extension, a directory rip, or any automated collection from websites, social networks, forums or public records.
• Guessed or generated addresses, including permutations of a name against a domain, and dictionary attacks against a mail server.
• Addresses obtained from a third party who cannot tell you, in writing, where each one came from and on what basis it may be contacted.

You must be able, on request, to say for any recipient where their address came from and why you were entitled to contact them. You must not send to a recipient who has unsubscribed from you, on any channel, whether or not that opt-out passed through ColdMerge.

4.3 No deception

• No deceptive headers. The From name and address, the Reply-To, and the routing information must be accurate and must identify you honestly. Do not send from a mailbox you are not entitled to use, and do not impersonate another person, business, or brand.
• No deceptive subject lines. The subject must not mislead the recipient about what the message is about. Fake reply prefixes ("Re:" on a conversation that never happened), fake forward prefixes, invented shared history, fake threading, and false urgency, delivery, invoice, security or legal notices are all prohibited.
• No hidden text, no misleading link text or cloaked destinations, and no attempt to defeat a spam filter, a security scanner, or an authentication check.

4.4 Every commercial message carries an opt-out and a physical address

ColdMerge can append a visible unsubscribe link and your physical postal address to every message, and it sets the one-click list-unsubscribe headers for you. You must keep that footer switched on, with a correct and current postal address, for any commercial message. If you switch it off, you are choosing to send without a visible opt-out and without the address, and you take on whatever that means under the laws in section 4.1. The two mechanisms are deliberately independent: the headers alone are not a visible opt-out, and some mail clients render no unsubscribe control from them.

4.5 Content and conduct

You may not use ColdMerge to send or promote:

• phishing, credential harvesting, malware, or any message designed to defraud a recipient;
• cryptocurrency, forex, binary options or other investment offers, get-rich-quick and work-from-home schemes, or multi-level marketing recruitment;
• adult content, gambling, illegal drugs, prescription pharmaceuticals, weapons, or anything unlawful where the recipient is;
• harassing, threatening, defamatory, or hateful content, or content targeting a person rather than a business audience;
• messages to addresses that are obviously not a business contact for your purpose, such as abuse@ and postmaster@ role accounts, or to a spam-trap address you have been told about.

You also may not probe, load-test, reverse-engineer, or attempt to circumvent ColdMerge's limits, its pacing, its suppression list, or its access controls; use it to build a competing product; or automate access outside the interfaces we provide.

5. Sending health, pausing and rate limits

Poor sending health harms your domain, your recipients, and the other people whose mail travels the same reputation systems. ColdMerge therefore applies limits of its own, and they are part of the service rather than an exception to it.

• Automatic campaign pause on bounces. ColdMerge pauses a campaign by itself when its recent bounce rate reaches 10 %, measured over the last 200 sends that have had time to resolve. From about 5 % the campaign is badged as a warning first, so you see the deterioration before the pause. You can review the list and resume, and pausing is a seatbelt, not a punishment.
• Spam complaints. Google's bulk-sender guidance asks senders to stay below a 0.3 % spam-complaint rate and to aim below 0.1 %. We treat a sustained rate at or above 0.3 %, whether we see it in Google Postmaster Tools, in a feedback loop, or in complaints reported to us, as grounds to pause your sending and ask you about the list. Complaint rate is measured by Google, not by us, so this one is a review rather than an automatic switch.
• Pacing, ramp-up and daily ceilings. ColdMerge spaces sends inside your working-hours window, ramps a new mailbox up gradually, and caps daily volume per mailbox. Those numbers exist to keep you inside Google's limits and are not negotiable; asking us to remove them is asking us to damage your domain.
• Permanent bounces and unsubscribes suppress an address across your whole organization, permanently. Removing an address from suppression is restricted, audited, and in some cases refused outright.

We may also pause sending for an account while we investigate a complaint, an abuse report, a Google notice, or an unusual pattern. We will tell you when we do, and section 9 says how that is handled.

6. Your data, our data, and Google data

Your content stays yours. Your contacts, campaigns, templates, and messages belong to you. You grant us only the licence we need to run the service for you: to store, process, and transmit that content to do what you asked.

We are your processor for your contacts. You are the controller of the personal data you upload; we process it on your instructions to send your campaigns. The categories, the sub-processors, the retention periods, and how erasure works are set out in the privacy policy and are not repeated here.

Google data. ColdMerge's use and transfer to any other app of information received from Google APIs adheres to the Google API Services User Data Policy, including the Limited Use requirements. What that means in practice, scope by scope, including the rule that an incoming message is only ever read when it belongs to a conversation ColdMerge started, is in the privacy policy's Limited Use section.

Aggregate statistics. We may use anonymous, aggregated information about how the service is used to operate and improve it. That never includes your message content, your contact lists, or anything that identifies you or a recipient.

Feedback. If you send us a suggestion, we may use it without obligation to you.

7. Plans, trial, fees and taxes

• Trial. New accounts get a 14-day free trial with no card required, limited to 500 recipients in total across the account. The trial ends 14 days after it starts, or when those 500 recipients are used up, whichever comes first. Sending is also capped at 100 recipients in any one day (UTC). Reaching that daily cap pauses sending for the rest of that day; it resets at midnight UTC and does not end your trial. If you do not subscribe, the trial simply ends; there is nothing to cancel and nothing to pay.
• Subscription. Plans are billed in advance, monthly or annually, at the price shown on the pricing page when you subscribe. A subscription renews automatically for another period unless you cancel before the renewal.
• Cancelling. You can cancel at any time from the billing screen. Cancellation takes effect at the end of the period you have already paid for, and you keep full access until then.
• Changing plan mid-period. Adding mailboxes applies immediately and you pay the prorated difference for the rest of the period. Removing mailboxes takes effect at your next renewal, and there is no refund for the part period.
• Verification credits are bought as one-off packs, are spent per address checked, and do not expire while your account is open. They are not part of a subscription and are not returned when a subscription ends.
• Payment and taxes. Payments are processed by Stripe; we never see or store your card details. Prices exclude sales tax and VAT unless stated, and any such tax is added at checkout where we are required to collect it.
• Failed payment. If a payment fails we will retry and tell you. If it stays unpaid your account moves to past due, sending stops, and after a reasonable period we may close the account.
• Price changes apply from your next renewal, and we will give you at least 30 days' notice by email before one takes effect.

8. Refund policy

The short version: the trial is how you find out whether ColdMerge works for you, so it is free and needs no card. After that, here is exactly what we refund.

• Trial: nothing to refund. The trial is free and takes no card, so no charge is made and none is reversed.
• Subscription: pro rata within 14 days. If you cancel a subscription within 14 days of your first paid charge on it, we refund that charge pro rata for the unused part of the period. After that first 14 days, a cancellation takes effect at the end of the paid period and the period already paid for is not refunded, because you keep the service for all of it.
• Verification credits: not refundable once used. Credits you have spent are not refunded, since the check was performed and paid for on your behalf. An unused, whole credit pack can be refunded within 14 days of purchase. Where a credit purchase is refunded or charged back, the corresponding credits are removed from your wallet, which can leave the balance below zero until you buy again.
• Downgrades are not refunded for the part period; see section 7.
• Termination for breach. If we terminate your account for a breach of section 4, fees already paid are not refunded.
• When we get it wrong. If a fault of ours stopped you using ColdMerge for a meaningful part of a period, ask us. We would rather refund a period than argue about it.

Ask for a refund by emailing [email protected]. Approved refunds go back to the original payment method, usually within 5 to 10 business days once we issue them.

If you are a consumer in the UK or the EU you may have statutory cancellation rights that these Terms do not reduce. Because ColdMerge is a business tool sold to businesses, we do not expect those rights to apply, and nothing here is intended to take away a right you actually have.

9. Suspension and termination

9.1 Grounds

We may pause your sending, suspend your account, or terminate it if:

• you break section 4 (acceptable use and anti-spam);
• your sending health crosses the thresholds in section 5 and stays there, or a complaint, abuse report or Google notice gives us reason to believe your list is not legitimately obtained;
• your account is being used for fraud, phishing, or anything unlawful, or is putting other people's mail or our infrastructure at risk;
• your payment stays unpaid after the retries and notice in section 7, or a chargeback is raised on a paid invoice;
• you create an account to evade an earlier suspension, or share or resell your access;
• we are required to by law, by Google, or by a payment provider.

9.2 How we do it

The response is meant to be proportionate. In practice that means:

• Pause first, wherever it is safe to. For a bounce or complaint problem, a mistaken configuration, or a first breach we can fix by talking, we pause sending and email you the reason and what to change. You keep access to your account and your data while it is paused.
• Immediate suspension is for the serious cases only: fraud, phishing, malware, an obviously purchased or scraped list, a legal demand, or anything actively harming recipients. We email you at your account address, saying what happened and what you can do about it.
• You can appeal. Reply to that email, or write to [email protected]. We will give you a human answer within one business day, and we will reinstate an account we suspended in error.
• Termination for a repeated or unfixed breach comes after the pause or suspension above, not instead of it, except where the breach is one of the serious cases.

9.3 Ending it yourself, and what happens to your data

You can cancel at any time from the billing screen, and you can delete your account and its data from the app. On termination by either side, your access ends, your Google credentials are destroyed and a revocation is requested from Google, and your data is deleted or retained only as the privacy policy's retention section describes. Export anything you want to keep before you close the account. Suppression records survive deletion by design, in the one-way hashed form the privacy policy explains, so that somebody who opted out is never emailed again.

10. Support

Support is by email at [email protected], and we answer within one business day. Business days are Monday to Friday, excluding public holidays where we are based. That is a promise about answering you, not a guarantee that every problem is solved in a day; where something takes longer, the answer tells you what is happening and when to expect the next update.

Privacy and data requests go to [email protected], and we handle them on the timetable the privacy policy sets out.

11. Availability and changes to the service

We aim to keep ColdMerge available and will give notice of planned maintenance where we reasonably can. We do not promise a specific uptime percentage, and we offer no service credits. Because sending happens through your own Google account, the availability of Gmail, of Google's APIs, and of your own mailbox is outside our control.

We improve the product continuously and may add, change, or remove features. If we remove something you rely on, or make a change that materially reduces the service, we will tell account holders by email in advance where we reasonably can, and you may cancel under section 7 if the change does not suit you.

12. Intellectual property

ColdMerge, its software, its documentation, its design, and its name and logo are ours or our licensors'. These Terms grant you a limited, non-exclusive, non-transferable, revocable right to use the service while your account is in good standing, and nothing more. You keep every right in your own content.

13. Disclaimers

The service is provided "as is" and "as available". To the fullest extent the law allows, we disclaim all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement.

In particular, and because people do sometimes expect otherwise, we do not warrant that: your messages will reach the inbox rather than spam; that you will get any particular reply rate, meeting, or sale; that your domain's or mailbox's reputation will be preserved; that Google will not limit, suspend, or close your account; or that reply and bounce detection will classify every message correctly. ColdMerge's pacing, ramp-up, and suppression features reduce risk. They do not remove it.

Nothing here is legal advice. Section 4 tells you what we require; whether a particular message to a particular recipient is lawful is your call, and if it matters, your lawyer's.

14. Limitation of liability

To the fullest extent the law allows, neither party is liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, lost revenue, lost business, lost goodwill, or lost or damaged data, however caused.

Our total liability to you for all claims arising out of or relating to these Terms or the service is limited to the amount you paid us in the 12 months before the event giving rise to the claim.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for death or personal injury caused by negligence, or for fraud or fraudulent misrepresentation.

15. Your indemnity

You will indemnify and hold us harmless against any claim, penalty, fine, loss, or cost (including reasonable legal fees) arising from the mail you send through ColdMerge, from the lists you upload, or from your breach of section 3 or section 4. This is the natural consequence of being the sender of record: the regulator, the recipient, and the complainant all come to the sender, and that is you.

16. Changes to these Terms

We may update these Terms. Each version carries a version identifier and a date at the top of this page, and we record which version you accepted and when. For a material change we will tell account holders by email or in the app at least 30 days before it takes effect, and ask you to accept the new version. Continuing to use ColdMerge after a new version takes effect means you accept it. If you do not, cancel under section 7 before it does.

17. Governing law and disputes

These Terms are governed by the laws of [GOVERNING LAW JURISDICTION], and the courts of [COURTS WITH EXCLUSIVE JURISDICTION] have exclusive jurisdiction over any dispute, without regard to conflict-of-laws rules. If you are a consumer, this does not deprive you of the protection of the mandatory laws of the country you live in.

Before starting formal proceedings, please email us. Most disputes are a misunderstanding, and we would rather fix one than litigate it.

18. General

• Whole agreement. These Terms and the privacy policy are the whole agreement between us about the service, and replace anything said before.
• Severability. If a court finds part of these Terms unenforceable, the rest stays in force.
• No waiver. Not enforcing something once does not waive it.
• Assignment. You may not assign these Terms without our written consent. We may assign them to a successor in a merger or acquisition, on notice to you.
• No third-party rights. Nobody other than you and us can enforce these Terms.
• Force majeure. Neither party is liable for a failure caused by something outside its reasonable control.

19. Contact

Questions about these Terms, an appeal against a suspension, or a refund request: [email protected]. Privacy and data requests: [email protected]. Our legal entity and postal address are at the top of this page.