Terms & Conditions

Last Updated: January 7, 2025

1. Introduction

   Welcome to Cold Mail Reseller (White-Label Service). By subscribing to or utilizing our white-label services, you acknowledge and agree to be bound by these Terms and Conditions ("Terms"). These Terms form a binding agreement between you ("Partner", "User", or "You") and Outbox Labs Inc. ("We", "Us", or "Cold Mail Reseller"). It is essential to thoroughly review these Terms before accessing or using our services. If you do not agree to any provision, you must refrain from using our services.

2. Service Description
   1. Cold Mail Reseller (White-Label Service) provides white-label solutions for email management and related services, enabling partners to resell, manage, and support email solutions under their branding. Services include, but are not limited to:
      1. White-Label Google Workspace Management: Resale and provisioning of Google Workspace accounts with custom branding.
      2. White-Label Microsoft 365 Management: Resale and provisioning of Microsoft 365 accounts under the Partner’s brand.
      3. SMTP Email Accounts: Resale of SMTP-based email services.
      4. DNS and Domain Management: Configuration and ongoing management of DNS records, including SPF, DKIM, and DMARC.
      5. Custom Branding and Reseller Tools: White-label dashboard, email templates, and user-facing interfaces for seamless partner branding.
      6. Third-Party Integrations: Connectivity with supported platforms, such as Instantly, Smartlead, and others.
      Cold Mail Reseller acts solely as a reseller and infrastructure provider, with services sourced from third-party providers. Partners bear full responsibility for their usage and resale of these services.
3. Eligibility and Account Obligations
   1. Eligibility Criteria: Partners must be at least 18 years of age. Partners must provide accurate and complete information during the onboarding process.
   2. Account Security: Partners are responsible for maintaining the confidentiality of their account credentials. Any activity conducted under your account will be deemed authorized by you.
   3. Partner Compliance: Ensure all end-users comply with applicable laws, including but not limited to anti-spam regulations (e.g., CAN-SPAM Act, GDPR). Prevent unauthorized or illegal use of the services by your end-users.
4. Payment and Billing Terms
   1. Fees: Partners are required to pay fees in advance for all services. Fees are non-refundable under any circumstances, including cancellation, misuse, or non-utilization of the services.
   2. Subscription Renewals: Subscriptions automatically renew based on the agreed billing cycle unless explicitly canceled.
   3. Late Payments: Late or failed payments may result in the suspension of services. Cold Mail Reseller reserves the right to charge interest on overdue amounts.
5. Partner Responsibilities
   1. Reseller Compliance: Partners are responsible for ensuring their branding and usage comply with local, national, and international laws.
   2. End-User Support: As a white-label partner, you are the first point of contact for your end-users. Cold Mail Reseller will not directly support your customers.
   3. Brand Representation: Partners must not misrepresent Cold Mail Reseller or its underlying services in any manner that damages our reputation.
   4. Prohibited Use: Partners and end-users are prohibited from engaging in:
      • Sending unsolicited bulk emails (spam).
      • Hosting or distributing malicious content.
      • Using services for illegal or fraudulent purposes.
6. Intellectual Property
   1. License: Cold Mail Reseller grants Partners a non-exclusive, non-transferable license to use the white-label platform solely for reselling purposes.
   2. Ownership: Cold Mail Reseller retains full ownership of all intellectual property, including but not limited to trademarks, logos, software, and documentation. Partners are not authorized to reverse-engineer, modify, or replicate our services.
7. Disclaimer of Warranties
   1. "As-Is" Basis: Services are provided on an "as-is" and "as-available" basis, with no warranties, express or implied.
   2. No Guarantee: We do not guarantee uninterrupted service, specific outcomes, or error-free functionality.
8. Limitation of Liability
   1. Exclusion of Liability: Cold Mail Reseller is not liable for:
      • Indirect, incidental, special, or consequential damages.
      • Losses arising from misuse, suspension, or termination of accounts.
      • Disputes between Partners and their end-users.
   2. Maximum Liability: In no event shall Cold Mail Reseller’s liability exceed the fees paid by the Partner in the preceding three months.
9. Termination
   1. Termination by Cold Mail Reseller: Cold Mail Reseller reserves the right to suspend or terminate services without notice for violations of these Terms or any misuse of the platform.
   2. Termination by Partner: Partners may terminate their subscription, effective at the end of the current billing period. No refunds will be issued for early termination.
10. Indemnification
    1. Indemnification: Partners agree to indemnify and hold Cold Mail Reseller harmless from any claims, liabilities, damages, or expenses arising from:
       • Violations of these Terms by the Partner or their end-users.
       • Misuse of the services.
       • Non-compliance with applicable laws.
11. Modifications to Terms
    1. Modifications: Cold Mail Reseller reserves the right to modify these Terms at any time. Continued use of the services after modifications constitutes acceptance of the revised Terms.
12. Governing Law and Dispute Resolution
    1. Governing Law: These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-law principles. Any disputes shall be resolved exclusively in the state or federal courts located in Delaware.
13. Partner-Specific Rules
    1. Onboarding: Partners must complete a compliance review before activation.
    2. Revenue Sharing: Revenue-sharing agreements are subject to separate documentation and do not form part of these Terms.
    3. Termination for Cause: Cold Mail Reseller may terminate partnerships immediately for:
       • Non-payment.
       • Breach of intellectual property rights.
       • Repeated end-user complaints.
14. No Waiver
    1. No Waiver: Failure by Cold Mail Reseller to enforce any provision shall not constitute a waiver of that provision or any other provision.

By using Cold Mail Reseller (White-Label Service), you agree to these Terms and Conditions in full. If you have any questions or concerns about these Terms and Conditions, please contact us at [email protected].