Terms of Service

By accessing or using the Site, by engaging or continuing to engage the Services, or by clicking to accept or otherwise indicating your agreement, you accept and agree to be bound by these Terms and by any additional terms referenced in these Terms or contained in a separate written order, proposal, statement of work, or engagement confirmation between you and BuiltCold (each, an “Engagement Confirmation”).

If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity, and “Client”, “you”, and “your” refer to that entity.

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

In the event of a conflict between these Terms and an Engagement Confirmation, the Engagement Confirmation controls with respect to the specific matter addressed, but only to the extent of the conflict. Certain Services (including business-sale preparation and brokerage, as described in Clause 3) are governed by a separate written engagement, which controls over these Terms with respect to those Services except for the general provisions of these Terms.

BuiltCold offers services to two types of Client, selected through the side chosen on the Site: (a) local and owner-run businesses (“Local Services”); and (b) business-to-business companies (“B2B Services”). The specific Services, scope, fees, and commitment applicable to a Client are set out in the applicable Engagement Confirmation. Not all Services are available to every Client, and some Services are offered only when and if launched, as noted below.

Local Services. For local and owner-run businesses, BuiltCold offers the following Services, depending on the scope set out in the applicable Engagement Confirmation:

1. (a)Google Business Profile setup and management;
2. (b)local search engine optimization (including listings, directories, and location pages);
3. (c)website build or rebuild;
4. (d)marketing-spend review (reviewing the Client’s existing vendors, advertising, and subscriptions);
5. (e)ongoing business coaching and consulting (covering topics such as pricing, hiring, operations, and growth);
6. (f)business-sale preparation and brokerage (preparing a business for sale and brokering the sale); and
7. (g)the free website and Google Maps audit described in Clause 3.6.

Local Services — coming soon. The following Services are in development or testing and are offered only when and if BuiltCold makes them generally available (“coming soon / in testing, available when launched”). BuiltCold makes no commitment that any of them will be launched, and they become part of the Services for a Client only when expressly included in an Engagement Confirmation after launch:

1. (a)AI search visibility;
2. (b)Google Local Services Ads management;
3. (c)automated Google review requests;
4. (d)missed-call text-back (an automatic text message to callers the business missed);
5. (e)call tracking;
6. (f)quote follow-up;
7. (g)past-customer (reactivation) campaigns; and
8. (h)referral programs.

B2B Services. For business-to-business companies, BuiltCold provides done-for-you, business-to-business (“B2B”) cold email outreach and related sending infrastructure services, operated by BuiltCold on behalf of its Clients. Depending on the tier and scope set out in the applicable Engagement Confirmation, the B2B Services may include some or all of the following:

1. (a)purchase and configuration of dedicated sending domains and mailboxes, including authentication setup (SPF, DKIM, and DMARC);
2. (b)domain and mailbox warm-up and sender-reputation management;
3. (c)lead sourcing, list verification, and list hygiene;
4. (d)drafting of email sequences and campaign copy;
5. (e)configuration of routing so that replies are delivered to the Client;
6. (f)launching, monitoring, adjusting, and scaling outreach campaigns; and
7. (g)reporting and ongoing account management.

For the B2B Services, BuiltCold controls the sending infrastructure, deliverability, targeting, and campaign operations. For all Services, BuiltCold does not control, and is not responsible for, the underlying merits of the Client’s offer, product, or service, or whether the Client’s market will respond.

BuiltCold may modify, enhance, add to, or discontinue any feature or component of the Services at any time in its sole discretion.

This Clause 3 sets out additional terms that apply to specific Services. These terms are in addition to, and do not limit, the other provisions of these Terms, including the disclaimers in Clause 11, the limitation of liability in Clause 12, and the indemnity in Clause 13. Where a Service is not engaged by a Client, the corresponding terms in this Clause 3 do not apply to that Client.

Coaching and consulting. The business coaching, consulting, and marketing-spend review Services are advice-based. BuiltCold provides information, recommendations, and guidance only. BuiltCold does not guarantee any particular outcome, result, revenue, saving, or improvement. The Client remains solely responsible for its own business decisions and for whether and how to act on any advice. To the maximum extent permitted by applicable law, BuiltCold has no liability for any decision the Client makes or declines to make, and BuiltCold’s liability in connection with these Services is subject to the limitation of liability in Clause 12.

Business-sale preparation and brokerage. BuiltCold and its principals are not licensed business brokers and do not hold any business-broker, real-estate, or similar license. BuiltCold provides business-sale brokerage services (meaning facilitating, marketing, or negotiating the sale of a business on behalf of a Client) only in jurisdictions where no broker license is required for such services, or where a valid exemption applies; where a jurisdiction requires a license that BuiltCold does not hold, BuiltCold will not provide brokerage services in that jurisdiction. In any jurisdiction, BuiltCold may provide advisory and consulting services on preparing for and selling a business as part of its business coaching and consulting Services under Clause 3.2. Such advisory is advice only: it is not brokerage, does not involve BuiltCold acting as a broker or agent in the transaction, and does not constitute legal, tax, accounting, or securities advice, and the Client should retain its own licensed professionals for those matters. Any brokerage services, where offered, are provided under a separate written engagement between the Client and BuiltCold, which governs those Services rather than these Terms except that the general provisions of these Terms continue to apply, and such Services remain subject to the limitation of liability in Clause 12. All discussions, information, and materials exchanged in connection with a possible business sale are confidential and are treated as Confidential Information under Clause 14.

Consumer-messaging tools. Certain Services — including missed-call text-back, automated Google review requests, and past-customer (reactivation) campaigns — send text messages or emails to the Client’s own customers and contacts, who may be consumers. For these Services:

1. (a)BuiltCold provides the tooling and configuration only; the Client determines who is contacted and remains the sender of record for the messages;
2. (b)the Client is solely responsible for obtaining and maintaining all consents required to send the messages, for honoring opt-out and do-not-contact requests, and for complying with all applicable laws, including the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, and applicable state telemarketing, messaging, and privacy laws;
3. (c)the Client represents and warrants that it has obtained all necessary consents for every recipient before any message is sent, and that it maintains and keeps current its own opt-out and suppression lists; and
4. (d)the Client shall indemnify BuiltCold in accordance with Clause 13 against any claim arising out of the Client’s use of these Services, including any claim relating to consent, opt-outs, or the content of the messages.

Websites and third-party accounts. For website build or rebuild Services and for the setup or management of third-party accounts (such as a Google Business Profile):

1. (a)as between the parties, on full payment of the applicable fees the Client owns the final website and the content the Client provides, and the Client owns its own business accounts (including its Google Business Profile), except for any third-party, open-source, or BuiltCold pre-existing or proprietary materials, tools, templates, or code, which remain owned by their respective owners and, where incorporated, are licensed to the Client on a non-exclusive basis for use with the deliverable;
2. (b)during the engagement, the Client grants BuiltCold the access and licenses necessary to build, manage, and operate the website and accounts on the Client’s behalf;
3. (c)on termination or expiry of the engagement, BuiltCold will, on request and subject to payment of all amounts due, transfer or return control of the Client-owned website, content, and accounts, and will cease accessing them; BuiltCold is not required to transfer any third-party or BuiltCold proprietary materials except as expressly agreed; and
4. (d)the Client’s use of any third-party platform (including Google) is subject to that platform’s own terms and policies, and BuiltCold is not responsible for any act, omission, change, or decision of a third-party platform.

Free website and Google Maps audit. The free website and Google Maps audit is provided as a courtesy, “as is” and without any warranty. The audit relies on publicly available Google business-listing and website data, which may be incomplete, out of date, or inaccurate, and BuiltCold does not warrant the accuracy or completeness of that data or of the audit. The audit is for general informational purposes only and is not advice. Any future automated or self-serve version of the audit tool will be governed by these Terms and by any additional terms posted with that tool.

BuiltCold may refuse, decline, suspend, limit, or terminate the Services, or decline to enter into or continue any engagement, with respect to any person or entity, at any time, for any reason or for no reason, in BuiltCold’s sole and absolute discretion. This right is general and unrestricted, and BuiltCold is not required to provide any justification for exercising it.

Without limiting the general and unrestricted discretion set out in Clause 4.1, and by way of illustration only, BuiltCold may exercise that discretion in circumstances including where:

1. (a)the outreach is directed at, or would reach, recipients located in Canada, or otherwise involves Canadian outreach;
2. (b)the Client operates in, or the outreach relates to, any illegal or immoral industry, including but not limited to pornography, adult content, or gambling;
3. (c)the Client is not a genuine business-to-business (B2B) customer for Services offered only to B2B customers; or
4. (d)BuiltCold determines, in its sole discretion, that the Client’s industry or use case is not a fit for the Services.

The grounds listed in Clause 4.2 are illustrative and non-exhaustive. They do not limit, qualify, or restrict the general “any reason or no reason” discretion set out in Clause 4.1, and no expression of a particular ground shall be construed to imply that BuiltCold’s discretion is confined to the enumerated grounds.

BuiltCold may exercise its rights under this Clause 4 before, during, or after any engagement, including after payment has been made. Where BuiltCold refuses or terminates the Services under this Clause 4, its liability, if any, is limited as set out in Clause 10 (Suspension and Termination) and Clause 12 (Limitation of Liability).

The exercise or non-exercise of any right under this Clause 4 in any instance does not waive BuiltCold’s right to exercise it in any other instance.

The Client is solely responsible for its own legal compliance in connection with its use of the Services, including compliance with all applicable laws, regulations, and industry standards governing commercial electronic messages, marketing, data protection, and privacy.

The Client represents, warrants, and undertakes that:

1. (a)any data, contact lists, recipient information, materials, content, offers, and instructions that the Client provides to, or approves through, BuiltCold are accurate, lawfully obtained, and lawful to use for the intended Services;
2. (b)the Client has all rights, consents, and lawful bases necessary for BuiltCold to use any Client-provided data and materials to perform the Services, including (for the consumer-messaging tools described in Clause 3.4) all consents required to contact the Client’s own customers and contacts;
3. (c)the Client maintains, and keeps current, its own suppression, do-not-contact, and opt-out lists, and will promptly provide them to BuiltCold as needed;
4. (d)the substance, claims, and accuracy of any messaging, offer, product, or service promoted through the Services are the Client’s responsibility, including messaging drafted by BuiltCold and approved by the Client;
5. (e)for the B2B Services, the Client’s business is a genuine B2B business and the outreach is directed at business recipients with a plausible professional interest; and
6. (f)the Client will not use the Services for any unlawful, deceptive, harassing, or abusive purpose.

The Client is responsible for reviewing and approving campaign copy, sequences, and target lists before sending. Once the Client approves messaging or lists, the Client is responsible for their content and lawfulness, notwithstanding any assistance BuiltCold provided in preparing them.

BuiltCold may, but is not obligated to, review, screen, or reject any Client data, content, or use case, and any such review does not relieve the Client of its responsibilities under these Terms.

The B2B Services are designed to support compliance with the U.S. CAN-SPAM Act (15 U.S.C. Chapter 103) for commercial email sent from the United States, including:

1. (a)accurate and non-deceptive “from”, “to”, routing, and header information;
2. (b)subject lines that are not false or misleading;
3. (c)inclusion of a valid physical postal address in messages;
4. (d)clear identification of the message as a commercial communication where required; and
5. (e)a functioning opt-out mechanism and prompt honoring of opt-out and unsubscribe requests.

The Client must provide, and keep accurate, a valid physical postal address for inclusion in messages, and must promptly provide any information BuiltCold reasonably requires to support compliance.

The Client must not provide, request, or approve any content that is false, misleading, deceptive, or otherwise unlawful. BuiltCold may decline to send, or may modify or suspend, any messaging that it considers, in its sole discretion, to be non-compliant or to present a deliverability, reputational, or legal risk.

Opt-out and unsubscribe requests, and abuse or spam complaints, are handled as described in the Privacy Policy and the Anti-Spam and Acceptable Use Policy, and may be directed to reports@builtcold.io. The Client must not re-add, or instruct BuiltCold to re-add, any recipient who has opted out.

Compliance with applicable law is a shared and evolving obligation. BuiltCold does not warrant that any campaign will be found compliant by any regulator or court, and the interpretation of messaging and data-protection laws varies across jurisdictions. For messaging to the Client’s own customers and contacts through the consumer-messaging tools described in Clause 3.4, the Client is responsible for compliance as set out in that clause.

BuiltCold controls deliverability, sending infrastructure, and campaign operations for the B2B Services. BuiltCold does not control, and does not guarantee, the commercial outcome of any Service, including the number of meetings, opportunities, qualified conversations, leads, jobs, sales, revenue, rankings, or return on investment.

Any statistics, benchmarks, ranges, projections, or examples provided by BuiltCold, whether on the Site, in a proposal, or otherwise, are illustrative estimates only, are based on general industry data and past experience, and are not a promise, warranty, or guarantee of any particular result, including any number of inbox deliveries, opens, or replies. BuiltCold does not guarantee any minimum number of replies or responses, and any published or stated figure for replies or responses is a target only and not a commitment.

Any performance commitment, service credit, make-good, free-period remedy, or similar arrangement applies only if, and strictly on the terms, expressly set out in these Terms (including the service-based commitment in Clause 9) or the applicable Engagement Confirmation, and is the Client’s sole and exclusive remedy for the matter it addresses.

Campaign and Service results depend on many factors outside BuiltCold’s control, including the strength of the Client’s offer, the Client’s market, pricing, and the accuracy and quality of Client-supplied materials.

The Client shall pay all fees for the Services as set out in the applicable Engagement Confirmation or as otherwise agreed in writing, which may include one-time build fees, recurring or daily outreach fees, infrastructure or maintenance fees, and fees for optional add-ons.

Unless otherwise stated in the Engagement Confirmation, fees are quoted and payable in U.S. dollars, are exclusive of any applicable taxes, and the Client is responsible for all applicable taxes other than taxes on BuiltCold’s net income.

Fees are due on the schedule stated in the Engagement Confirmation. Except as expressly stated in these Terms or the Engagement Confirmation, all fees are non-refundable once the corresponding Services have commenced.

If any amount is not paid when due, BuiltCold may, in addition to its other rights: (a) suspend or terminate the Services; (b) charge late fees or interest to the extent permitted by applicable law; and (c) treat all outstanding amounts as immediately due and payable.

Payment is processed through a third-party payment processor. The Client’s use of that processor is subject to the processor’s own terms, and BuiltCold does not store full payment card details.

BuiltCold may change its fees or fee structure on a prospective basis by notifying the Client, with changes taking effect at the start of the next billing period unless otherwise agreed.

BuiltCold’s commitment is a service-based commitment: BuiltCold will perform the Services under the plan selected in the applicable Engagement Confirmation with reasonable skill and care. The commitment is a commitment to perform the Services (such as, for the B2B Services, running outreach and handling replies in accordance with the selected plan) only. It is expressly not a commitment to any minimum number of emails sent, and, consistent with Clause 7, it is not a guarantee of inbox placement or deliveries, opens, clicks, replies, responses, meetings, opportunities, leads, jobs, sales, or any other outcome or result, all of which depend on factors outside BuiltCold’s control.

For the B2B Services, BuiltCold performs the outreach and, depending on the service plan or option selected in the applicable Engagement Confirmation, either handles replies on the Client’s behalf or routes replies to the Client (or a combination of the two). The scope of reply handling, the specific plan or option selected, and the applicable fees are set out in the applicable Engagement Confirmation.

A discounted billing ramp applies to the initial term, expressed as a discount off the then-current monthly fee stated in the applicable Engagement Confirmation: (a) 50% off the first month; (b) 25% off the second month; and (c) the full monthly fee for the third month. These ramp discounts are applied within the upfront initial-term payment described in Clause 9.5, such that the prepaid initial-term amount equals the sum of the three ramped months (first month at 50% off, second month at 25% off, and the third month at the full monthly fee), each calculated by reference to the then-current monthly fee stated in the applicable Engagement Confirmation.

For the B2B Services, during email warm-up, early-month sending volume ramps in order to establish and protect domain and sender reputation, and BuiltCold may throttle, pause, or reduce sending at any time to protect sender reputation and to follow deliverability best practices. This is a non-guarantee reflecting deliverability practice; it is not a volume floor or a commitment to any level of sending.

The engagement has an initial term of three (3) months (the “Initial Term”). The fees for the Initial Term (the first three months, incorporating the billing-ramp discounts in Clause 9.3) are payable up front in a single payment, in advance, at commencement of the engagement, and are non-refundable. The Client may not cancel the engagement for a refund during the Initial Term. After the Initial Term, the engagement continues on a month-to-month basis, and either party may cancel the engagement effective at the end of the then-current billing month on 30 days’ written notice. Nothing in this Clause 9.5 affects the Client’s right to terminate for BuiltCold’s uncured material breach, or BuiltCold’s rights to refuse, suspend, limit, or terminate the Services under Clauses 4 and 10.

The Initial Term fee (covering the first three months, as described in Clauses 9.3 and 9.5) is billed and payable in advance in a single payment at commencement of the engagement. Thereafter, fees are billed monthly in advance. All fees are non-refundable, including for any partial month. A shortfall, underperformance, or dissatisfaction does not entitle the Client to any cash refund. Any one-time setup or build fee (if applicable under the applicable Engagement Confirmation) is non-refundable once work on the setup or build has commenced. If the Client terminates the engagement for BuiltCold’s uncured material breach, BuiltCold will refund the pro-rata unused portion of the prepaid Initial Term fee. Clause 8.3 continues to apply.

Paused system. Where the applicable Engagement Confirmation so provides, the Client may, in place of cancellation, elect to keep the system paused, in which case BuiltCold maintains the Client’s infrastructure and account in a paused state and the Client pays the paused-system fee stated in the applicable Engagement Confirmation. A paused system is not a cancellation, the paused-system fee is non-refundable, and the Client may resume or cancel in accordance with the applicable Engagement Confirmation and Clause 9.5.

BuiltCold’s aggregate liability arising out of or relating to this Clause 9 is capped at the fees actually paid by the Client to BuiltCold for the affected month, and is in all respects consistent with and subject to the limitation of liability in Clause 12.

BuiltCold’s ability to perform the Services depends on the Client’s cooperation, including the Client providing valid and sufficient contact data, access, materials, and giving timely approvals of copy, sequences, and targeting. To the extent that BuiltCold is prevented from, or delayed in, performing by the Client’s acts or omissions, or by a suspension, limitation, or termination permitted under these Terms, BuiltCold is excused from performance to that extent, and no credit or refund is owed for that period.

BuiltCold may suspend or terminate the Services, in whole or in part, in accordance with Clause 4 (Right to Refuse, Suspend, or Terminate Service), for non-payment under Clause 8, for breach of these Terms, or as otherwise permitted under these Terms or the applicable Engagement Confirmation.

Subject to Clause 9.5 (three-month prepaid Initial Term, then month-to-month) and Clause 9.7 (paused system), either party may terminate an engagement in accordance with the notice, pause, and cancellation provisions set out in the applicable Engagement Confirmation and in Clause 9.5, with any cancellation after the Initial Term effective at the end of the then-current billing month on the written notice specified in Clause 9.5.

On termination or expiry of an engagement:

1. (a)the Client shall pay all fees accrued or payable up to and including the effective date of termination;
2. (b)BuiltCold may cease all outreach and Service activity, deactivate or reclaim access to infrastructure not owned by the Client, and stop providing the Services, subject to the website and account transfer provisions in Clause 3.5;
3. (c)each party shall, on request, return or destroy the other party’s Confidential Information, subject to Clause 14; and
4. (d)any provision of these Terms that by its nature should survive termination, including Clauses 3, 5, 7, 8, 9, 11, 12, 13, 14, and 15, shall survive.

Termination does not entitle the Client to any refund except as expressly provided in these Terms or the applicable Engagement Confirmation, and does not limit any other right or remedy available to BuiltCold.

The Site and the Services are provided on an “AS IS” and “AS AVAILABLE” basis, with all faults and without warranties of any kind.

To the maximum extent permitted by applicable law, BuiltCold disclaims all warranties, whether express, implied, statutory, or otherwise, including any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising from course of dealing or usage of trade.

BuiltCold does not warrant that the Site or the Services will be uninterrupted, timely, secure, error-free, or free from viruses or other harmful components, that any email will be delivered to an inbox or reach any particular recipient, or that the Services will achieve any particular result or meet the Client’s requirements.

No advice or information, whether oral or written, obtained from BuiltCold or through the Services creates any warranty not expressly stated in these Terms.

To the maximum extent permitted by applicable law, in no event shall BuiltCold, or its owners, members, officers, employees, contractors, or agents, be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, business, goodwill, data, or anticipated savings, arising out of or relating to the Site, the Services, or these Terms, whether based in contract, tort (including negligence), strict liability, or any other theory, and whether or not BuiltCold has been advised of the possibility of such damages.

To the maximum extent permitted by applicable law, the total aggregate liability of BuiltCold arising out of or relating to the Site, the Services, or these Terms shall not exceed the total fees actually paid by the Client to BuiltCold for the Services in the three (3) month period immediately preceding the event giving rise to the claim.

The limitations and exclusions in this Clause 12 apply regardless of whether any remedy fails of its essential purpose, and reflect an agreed allocation of risk that forms an essential basis of the bargain between the parties.

Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under applicable law.

The Client shall defend, indemnify, and hold harmless BuiltCold and its owners, members, officers, employees, contractors, and agents (the “Indemnified Parties”) from and against any and all claims, demands, actions, proceedings, liabilities, damages, penalties, fines, losses, costs, and expenses (including reasonable legal fees) arising out of or relating to:

1. (a)the Client’s offer, product, service, or business;
2. (b)any data, content, materials, contact lists, or messaging provided or approved by the Client;
3. (c)the Client’s breach of these Terms or of any representation, warranty, or undertaking in these Terms;
4. (d)the Client’s violation of any applicable law or regulation, including laws governing commercial email, text messaging, telemarketing, marketing, data protection, or privacy, including the TCPA and the CAN-SPAM Act; or
5. (e)any claim by a recipient, customer, third party, or regulator arising from outreach or messaging conducted on, or through tooling provided for, the Client’s behalf.

BuiltCold shall notify the Client of any claim subject to indemnification, and the Client shall cooperate with BuiltCold in the defense. BuiltCold may participate in the defense with its own counsel at its own expense, and the Client shall not settle any claim in a manner that imposes any obligation or admission on an Indemnified Party without that party’s prior written consent.

As between the parties, BuiltCold owns and retains all right, title, and interest in and to the Site, the Services, and all software, systems, methods, know-how, processes, templates, and materials used to provide the Services, including all intellectual property rights in them, excluding any website, content, infrastructure, domains, mailboxes, or accounts owned by or transferred to the Client under Clause 3.5 or the applicable Engagement Confirmation.

The Client owns and retains all right, title, and interest in and to its own trademarks, brand, content, and materials that it provides to BuiltCold. The Client grants BuiltCold a non-exclusive, worldwide, royalty-free license to use those materials to the extent necessary to provide the Services.

BuiltCold may identify the Client as a customer and use the Client’s name and logo for its own promotional purposes only with the Client’s prior consent, except where such use is permitted by the applicable Engagement Confirmation.

Each party may receive information of the other that is confidential or proprietary (“Confidential Information”), including information exchanged in connection with a possible business sale under Clause 3.3. The receiving party shall use the disclosing party’s Confidential Information only to perform under these Terms, shall protect it with at least reasonable care, and shall not disclose it to third parties except to its personnel and service providers who need to know and are bound by confidentiality obligations, or as required by law. This Clause 14.4 does not apply to information that is or becomes public through no fault of the receiving party, is independently developed, or is rightfully received from a third party.

These Terms, and any dispute or claim arising out of or in connection with them, their subject matter, or formation, are governed by and construed in accordance with the laws of the State of Washington and the applicable federal laws of the United States, without regard to conflict-of-laws principles.

The parties shall first attempt in good faith to resolve any dispute through informal negotiation. If the dispute is not resolved within thirty (30) days, the parties submit to the exclusive jurisdiction of the state and federal courts located in Washington for the resolution of the dispute, and each party consents to the personal jurisdiction and venue of those courts, except that BuiltCold may seek injunctive or equitable relief in any court of competent jurisdiction.

To the maximum extent permitted by applicable law, each party waives any right to a trial by jury and any right to participate in a class or representative action in connection with any dispute arising out of or relating to these Terms or the Services.

BuiltCold may modify these Terms at any time by posting the updated Terms on the Site and updating the “Effective Date” above. Material changes may also be notified to active Clients by email.

The Client’s continued use of the Site or the Services after the updated Terms take effect constitutes acceptance of the updated Terms. If the Client does not agree to the updated Terms, the Client must stop using the Site and the Services.

These Terms, together with any applicable Engagement Confirmation, the Privacy Policy, and the Anti-Spam and Acceptable Use Policy, constitute the entire agreement between the parties regarding their subject matter and supersede all prior or contemporaneous agreements and understandings.

The Client may not assign or transfer these Terms without BuiltCold’s prior written consent. BuiltCold may assign these Terms, including in connection with a merger, acquisition, or sale of assets.

If any provision of these Terms is held to be invalid or unenforceable, that provision shall be modified to the minimum extent necessary or, if it cannot be modified, severed, and the remaining provisions shall remain in full force and effect.

No waiver of any provision is effective unless in writing, and no failure or delay in exercising any right operates as a waiver of it.

Nothing in these Terms creates any partnership, joint venture, agency, or employment relationship between the parties beyond the service relationship described.

BuiltCold is not liable for any failure or delay in performance caused by events beyond its reasonable control, including acts of God, network or infrastructure failures, actions of mailbox or email providers, or changes in law.

Questions about these Terms may be directed to BuiltCold at hello@builtcold.io, by phone at (727) 643-3465, or by mail at 17 Gravatt Ln, McCleary, WA 98557, United States.

Opt-out, unsubscribe, and abuse or complaint requests should be directed to reports@builtcold.io.