Lesscold Terms and Conditions

Last Updated: May 10, 2025

Welcome to Lesscold! These Terms and Conditions ("Terms," "Legal Terms") constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you," "your," "Customer"), and Pymify, Inc., a Delaware corporation, operating as Lesscold ("Lesscold," "Company," "we," "us," "our"), concerning your access to and use of our website https://lesscold.com (the "Site"), our web application (the "Application" or "Platform" at app.lesscold.com), and any related products, services, features, tools, software, and documentation we offer (collectively, the "Services").

By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

1. OUR SERVICES

Lesscold provides AI-powered sales intelligence and outreach automation services. Our Services include, but are not limited to:

Lead Table Management: Uploading and managing lead lists (e.g., via CSV), mapping data columns, and adding custom data fields.
Data Enrichment:
- Basic Enrichment: AI-driven analysis of company websites to extract summaries and identify language.
- Deep Enrichment: Advanced AI research performed by our specialized Python service based on lead details to uncover in-depth insights.
- Custom Enrichment: AI-driven research based on user-defined prompts or pre-defined templates, facilitated by our Python service.
AI Email Generation: Crafting personalized email content (greetings, intros, outros, custom sections) based on your email templates and enriched lead data, using various AI models.
Custom AI Variables & Templates: Tools for creating and managing reusable AI prompts and custom enrichment templates.
Credit Management & Billing: System for purchasing and utilizing credits for various service actions.
Data Export: Exporting enriched lead lists and generated email content, typically as CSV files.

You are responsible for ensuring that your use of the Services complies with all applicable laws and regulations, including those related to data privacy (e.g., GDPR, CCPA), anti-spam laws (e.g., CAN-SPAM), and export control laws. You shall not include personal health information (PHI) or payment card industry (PCI) data in any data you upload or process through the Services.

2. INTELLECTUAL PROPERTY RIGHTS

Our Intellectual Property:

We own or license all intellectual property rights in our Services, including source code, databases, software, AI models, algorithms, Content (website text, graphics, etc.), and Marks (trademarks, logos). These are provided "AS IS" for your internal business use only, under a non-exclusive, non-transferable, revocable license granted herein. No part of the Services, Content, or Marks may be commercially exploited without our prior written permission.

Customer Data (Your Content):

You retain all ownership rights in the data you upload to the Services, including your lead lists, CSV files, email template content, custom AI variable definitions, and custom enrichment prompts ("Customer Data"). By providing Customer Data to the Services, you grant Lesscold a worldwide, non-exclusive, royalty-free, sublicensable (to our service providers, e.g., AI providers, for processing on our behalf), and transferable license to use, reproduce, process, analyze, modify, adapt, store, and display your CustomerData solely for the purposes of:

Providing, maintaining, operating, and improving the Services for you;
Developing and improving our AI models and algorithms, provided that for such R&D, Customer Data is used in an aggregated and de-identified manner such that it does not identify you or any individual lead without your explicit consent;
Preventing or addressing service, security, support, or technical issues; and
Complying with legal obligations or as otherwise permitted by law.

You represent and warrant that you have all necessary rights, licenses, and consents (including under applicable data privacy laws) to provide Customer Data to Lesscold for processing as described in these Terms and our Privacy Policy.

AI-Generated Content:

The specific enrichment insights and email content generated by the Services for you based on your Customer Data and your use of the Services ("AI-Generated Content") are owned by you, for your use in connection with your business outreach. However, Lesscold retains ownership of the underlying AI models, algorithms, and methods used to produce such AI-Generated Content. You are solely responsible for reviewing, validating, and ensuring the legality and appropriateness of any AI-Generated Content before using it.

Feedback:

Any feedback, suggestions, or ideas you provide to us about the Services ("Feedback") is non-confidential and shall become our sole property. We may use and disseminate Feedback for any lawful purpose without acknowledgment or compensation to you.

3. USER REPRESENTATIONS AND RESPONSIBILITIES

You represent and warrant that:

Your registration information is true, accurate, current, and complete.
You will maintain the accuracy of such information.
You have legal capacity and agree to these Terms.
You are at least 18 years old.
Your use of the Services will comply with all applicable laws and regulations.
You will not use the Services for any illegal or unauthorized purpose.
Lawfulness of Customer Data: You have obtained all necessary consents and have a lawful basis for collecting, uploading, and processing any personal data within your Customer Data (including your lead lists) using our Services, and for sending communications to those leads. You will indemnify Lesscold for any claims arising from your breach of this warranty.
You are responsible for maintaining the confidentiality of your account credentials.

4. ACCOUNT MANAGEMENT AND REGISTRATION

You must register for an account to use most features of the Application. You are responsible for all activities under your account.

5. CREDIT SYSTEM, PURCHASES, PAYMENT, AND SUBSCRIPTIONS

Credits:

Certain actions within the Services (e.g., enrichments, email generation) consume "Lesscold Credits." The number of credits required per action is specified within the Application or on our Site and is subject to change. Credits are purchased in packs.

Credit Consumption: Credits are deducted from your account balance when an action is initiated.
Non-Refundable: Purchased credits are non-refundable, except as required by law or at our sole discretion.
Non-Transferable: Credits are non-transferable to other users or accounts.
Expiration: Credits may have an expiration date, as specified at the time of purchase or in your account.

Purchases and Payment:

You agree to pay all charges for credit packs or subscriptions at the prices then in effect. We use Stripe as our third-party payment processor. By making a purchase, you authorize us (through Stripe) to charge your chosen Payment Method. You agree to provide current, complete, and accurate purchase and account information.

Subscriptions (If Offered):

If Lesscold offers subscription plans, these terms apply:

Auto-Renewal: Subscriptions will automatically renew for successive periods of the same duration as the initial term, at Lesscold's then-current rates, unless you cancel your subscription at least [e.g., 7 days] prior to the end of the current term.
Cancellation: You can cancel your subscription through your account settings or by contacting support@lesscold.com. Cancellation will be effective at the end of the then-current subscription period. No refunds are provided for partial subscription periods.

Free Trial / Free Credits:

We may offer free trial periods or a one-time allotment of free credits to new users. These are subject to specific terms provided at the time of the offer and may be modified or terminated by Lesscold at any time.

6. PROHIBITED ACTIVITIES

You agree not to:

Systematically retrieve data from the Services beyond exporting your own Customer Data and AI-Generated Content as facilitated by the Services.
Use the Services for any illegal purpose or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy, and anti-spam.
Upload or process Customer Data for which you do not have the necessary legal rights or consents.
Use the Services to generate or send spam, unsolicited bulk email, or communications that violate applicable anti-spam laws (e.g., CAN-SPAM, CASL, GDPR marketing rules).
Attempt to reverse-engineer, decompile, or otherwise discover the source code or underlying AI models/algorithms of the Services.
Use the Services to create content that is defamatory, obscene, abusive, infringing, or otherwise objectionable or illegal.
Interfere with or disrupt the Services or servers/networks connected to the Services.
Resell, license, or distribute any data or content obtained from the Services (including AI-Generated Content if not incorporated into your own distinct work product for your direct outreach) to third parties, unless expressly permitted by Lesscold.
(Other prohibitions from previous draft remain relevant: tricking users, security circumvention, harassment, impersonation, uploading malicious code, etc.)

7. THIRD-PARTY SERVICES AND DATA

Our Services integrate with or rely on third-party services, including:

AI Providers (Anthropic, OpenAI, Google): For AI-powered processing.
Python Deep Research Service: An internal service that may access public web data.
Supabase: For data hosting and storage.
Stripe: For payment processing.
Resend: For email delivery.

Lesscold is not responsible for the actions, policies, or failures of these third-party services. Your use of such services may be subject to their respective terms and privacy policies.

8. DISCLAIMER OF WARRANTIES

THE SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, COMPLETENESS, OR RELIABILITY OF THE SERVICES' CONTENT, INCLUDING ANY DATA SOURCED FOR ENRICHMENT OR ANY AI-GENERATED CONTENT. AI-GENERATED CONTENT IS PRODUCED BY AUTOMATED SYSTEMS AND MAY CONTAIN INACCURACIES, ERRORS, OR OMISSIONS. YOU ARE SOLELY RESPONSIBLE FOR REVIEWING, VALIDATING, AND ENSURING THE APPROPRIATENESS AND LEGALITY OF ANY AI-GENERATED CONTENT BEFORE USING IT FOR ANY PURPOSE, INCLUDING OUTREACH COMMUNICATIONS. LESSCOLD IS NOT LIABLE FOR ANY DECISIONS MADE OR ACTIONS TAKEN BASED ON INFORMATION OR CONTENT PROVIDED BY THE SERVICES.

9. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, BUSINESS INTERRUPTION, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR AI-GENERATED CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SERVICES DURING THE THREE (3) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.

10. INDEMNIFICATION

11. CUSTOMER DATA STORAGE AND DELETION

We will maintain your Customer Data as long as your account is active and as necessary to provide the Services, subject to these Terms and our Privacy Policy. Upon termination of your account, we will delete your Customer Data in accordance with our data retention and deletion procedures, typically within [e.g., 30-90 days] from active systems, and thereafter from backups according to our backup schedules, unless legally required to retain it for a longer period. You are responsible for exporting your Customer Data prior to account termination if you wish to retain it.

12. TERM AND TERMINATION

These Legal Terms remain in full force and effect while you use the Services. We may suspend or terminate your account or access to the Services at any time, without notice, for any reason, including for breach of these Terms. Upon termination, your right to use the Services will immediately cease. Provisions that by their nature should survive termination (including IP rights, disclaimers, limitations of liability, indemnification, dispute resolution) shall survive.

13. GOVERNING LAW

These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of Delaware, United States, applicable to agreements made and to be entirely performed within the State of Delaware, without regard to its conflict of law principles.

14. DISPUTE RESOLUTION

Informal Resolution:

Most disputes can be resolved informally. If you have an issue with the Services, you agree to first try to resolve the dispute informally by contacting us at support@lesscold.com. We'll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within sixty (60) days after submission, you or Lesscold may bring a formal proceeding.

Mandatory Arbitration:

If you are a U.S. resident, you and Lesscold agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof or the use of the Services (collectively, "Disputes") will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Lesscold agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and Lesscold are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.

Arbitration Rules:

The arbitration will be conducted by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules.

Arbitration Costs and Location:

Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. If you prevail in arbitration you may be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law. The arbitration may be conducted in person in the U.S. county where you reside (or another mutually agreed location), or by document submission, or by phone or videoconference.

Exceptions to Arbitration:

As limited exceptions to mandatory arbitration: (i) you may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.

Class Action Waiver:

YOU AND LESSCOLD AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties' dispute is resolved through arbitration, aribitrator may not consolidate another person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.

Opt-Out of Arbitration:

You can decline this agreement to arbitrate by emailing an opt-out notice to support@lesscold.com within 30 days of first accepting these Terms or first registering your Lesscold account, whichever is later. The opt-out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 13 (Governing Law) in the state or federal courts located in Delaware.

Changes to Dispute Resolution:

Lesscold will provide 30 days' notice of any material changes to this "Dispute Resolution" section. Changes will become effective on the 30th day and apply to all claims not yet filed.

15. CORRECTIONS

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

16. DISCLAIMER

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT, THE CONTENT OF ANY THIRD-PARTY DATA PROVIDERS, OR THE CONTENT OF ANY WEBSITES LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS (INCLUDING AI-GENERATED CONTENT), (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.

WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING.

YOU ACKNOWLEDGE THAT THE OUTPUTS GENERATED BY THE AI FEATURES OF THE SERVICES ARE BASED ON ALGORITHMS AND DATA, AND WHILE WE STRIVE FOR ACCURACY AND RELEVANCE, WE CANNOT GUARANTEE THE ACCURACY, COMPLETENESS, SUITABILITY, OR LEGALITY OF SUCH OUTPUTS. YOU ARE SOLELY RESPONSIBLE FOR REVIEWING, EDITING, AND VALIDATING ANY AI-GENERATED CONTENT BEFORE USE, AND FOR ENSURING ITS COMPLIANCE WITH APPLICABLE LAWS AND YOUR SPECIFIC REQUIREMENTS.

17. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE THREE (3) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR (B) ONE HUNDRED US DOLLARS ($100.00).

CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATION OF LIABILITY DESCRIBED ABOVE SHALL APPLY FULLY TO RESIDENTS OF NEW JERSEY.

18. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) Your Content; (2) your use of the Services; (3) your breach of these Legal Terms; (4) any breach of your representations and warranties set forth in these Legal Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights or data privacy rights; or (6) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

19. USER DATA (APPLICATION DATA)

We will maintain certain data that you transmit to the Services (Your Content) for the purpose of managing the performance of the Services and providing the Services to you, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data, except as may be otherwise agreed in a separate Data Processing Addendum if applicable.

20. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

21. CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

22. MISCELLANEOUS

These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control (Force Majeure). If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.

23. CONTACT US

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

Pymify, Inc.
222 W Merchandise Mart Plaza #1212
Chicago, IL 60654, USA
Email: support@lesscold.com

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