Terms of Service

Last updated: May 25, 2026

1. Agreement

By purchasing the Cold Outreach Build Service (“Service”) from ColdDelivered (“we,” “us”), you (“Client”) agree to these Terms. If you do not agree, do not purchase.

2. What We Deliver

Upon receipt of full payment ($2,500 USD), we will deliver the following within 7 calendar days:

One (1) configured Apollo.io (or equivalent) account with ICP-targeted prospect list
Sending domain(s) procured and configured with SPF, DKIM, and DMARC records
Pre-warmed sending inboxes provisioned through a third-party warmup service
Smartlead (or equivalent) sending account configured with your sequences and copy
Claude-based personalization workflow with reusable prompt templates
Reply detection and CRM handoff via Zapier (or equivalent)
Loom video walkthrough (30 minutes minimum)
Written runbook documenting every component handed over

All credentials, domain registrations, tool accounts, and assets are transferred to you in full upon project completion. We retain no ongoing access.

3. Client Responsibilities

You are responsible for:

Providing timely responses to our intake questionnaire within 48 hours of each request
Supplying any required account credentials (e.g., existing Apollo, Smartlead, or domain registrar accounts) within 24 hours of request
Ensuring your intended use of cold email complies with applicable law in your jurisdiction, including CAN-SPAM, GDPR, CASL, and any other relevant regulations
Reviewing and approving the ICP definition and email copy before sequences are launched

Failure to provide required information within 48 hours may extend the 7-day delivery window by the number of days the information was delayed.

4. Payment Terms

Full payment of $2,500 USD is due before work begins
Payment is processed via Stripe
No work commences until payment clears
We do not accept partial payments or payment plans

5. Refund Policy

Before work begins: Full refund if requested within 24 hours of payment and before we have begun intake.

After work begins: No refunds once intake has started. “Work beginning” means we have sent you an intake questionnaire or begun any configuration activity.

Delivery failure: If we fail to deliver the agreed components within 7 calendar days (adjusted for any Client delays per Section 3), you may request a full refund. We will issue it within 5 business days.

Scope disagreements: No refunds for dissatisfaction with outcomes (reply rates, lead quality, revenue generated) — we build and configure the infrastructure; we do not guarantee performance results. See Section 7.

6. Timeline and Delivery

Standard delivery: 7 calendar days from payment clear and completed intake
Timeline begins when both conditions are met: (a) payment cleared, (b) intake questionnaire fully completed
Client delays (see Section 3) extend the timeline day-for-day
If delivery will be delayed beyond 7 days for reasons on our side, we will notify you within the original deadline

7. No Performance Guarantees

We guarantee the technical build — correctly configured SPF/DKIM/DMARC, functional sending infrastructure, and a working personalization workflow. We do not guarantee:

Reply rates, open rates, or any email engagement metrics
Number of leads generated
Revenue or business outcomes
Inbox placement rates (which depend on domain age, recipient server policies, and factors outside our control)
Continued compliance if third-party tools (Apollo, Smartlead, Zapier, etc.) change their terms, pricing, or availability after handoff

Cold email performance depends on your offer, ICP targeting, copy quality, follow-up speed, and many factors beyond the technical infrastructure we build.

8. Intellectual Property

Upon full payment and project completion:

All deliverables, accounts, and assets created for your project are your property
You own all domain registrations, email accounts, and tool configurations we set up on your behalf
Prompt templates and runbook documentation created for your project are yours to use, modify, and share as you see fit

We retain the right to reference the existence of completed projects (without identifying you or sharing your data) as general experience references.

9. Confidentiality

We will not share your business information, ICP targeting data, email copy, or any details of your engagement with third parties, except as required by law or as necessary to deliver the service (e.g., setting up your account with Apollo or Smartlead on your behalf).

10. Compliance with Law

You represent that your intended use of the cold email infrastructure complies with all applicable laws. We are not responsible for how you use the system after handoff. Misuse of the infrastructure for spam, deceptive practices, or illegal solicitation is your liability, not ours.

11. Limitation of Liability

To the maximum extent permitted by law:

Our total liability for any claim arising from this engagement is limited to the amount you paid ($2,500)
We are not liable for indirect, incidental, consequential, or punitive damages, including lost revenue, lost profits, or business interruption
We are not liable for third-party tool outages, price changes, policy changes, or service terminations after handoff

12. Dispute Resolution

If a dispute arises, contact us first at hello@colddelivered.com. We will attempt to resolve it within 10 business days. If resolution fails, disputes are governed by the laws of the State of Iowa, United States, without regard to conflict of law principles. You consent to personal jurisdiction in Iowa for any legal proceedings.

13. Modifications

We may update these Terms. The version in effect at the time of your purchase governs your engagement. We will not apply updated Terms retroactively to purchases already made.

14. Entire Agreement

These Terms, together with the project intake form you complete at purchase, constitute the entire agreement between you and ColdDelivered for the Service. No verbal representations alter these Terms.

ColdDelivered is a sole proprietorship operating under the laws of the United States.