Terms of Service — Managed Cold Email Infrastructure by GrowthBand

1. Agreement Structure

1.1 Monthly and quarterly subscriptions. For subscriptions billed monthly or quarterly, the agreement between you and us consists of these Terms, our Privacy Policy and any Order. "Order" means an invoice, order form or proposal that we issue and you accept, setting out your Plan, number of mailboxes and fees. No separate signed contract is required.

1.2 Annual commitments. If you commit to the Service for twelve (12) months or longer, we sign a separate written agreement with you. That agreement prevails over these Terms, and these Terms apply to any matter it does not address.

1.3 Order of precedence. If documents conflict, they apply in this order: (a) a signed written agreement; (b) the Order; (c) these Terms.

2. The Service

2.1 Scope. The Service is a managed cold email infrastructure. Depending on your Plan, it includes provisioning of outreach domains and mailboxes on Google Workspace, Microsoft 365 or Azure; DNS authentication (SPF, DKIM, DMARC); mailbox warm-up; connection and configuration of your sending tool; management of mailbox sending limits; inbox placement testing and deliverability monitoring; domain and mailbox replacement; and reporting through our customer portal. The features of each Plan are described on our pricing page (the "Documentation").

2.2 Changes to the Service. We may improve, replace or modify features of the Service. We will not materially reduce the core functionality of your Plan during a billing period you have paid for.

2.3 Third-party platforms. Mailboxes run on third-party email platforms, and your campaigns run in your sending tool. Their availability and policies are outside our control, and each is subject to its provider's terms.

3. Plans & Fees

3.1 Plans. We offer Growth and Premium Plans, each available with Google Workspace, Microsoft 365 or Azure mailboxes.

3.2 Fees. Your subscription fee equals the per-mailbox price of your Plan and mailbox type, multiplied by the number of mailboxes provisioned for you. Current prices are shown on our pricing page or in your Order. There is no setup fee and no minimum number of mailboxes unless your Order states otherwise.

3.3 Changes in mailbox count. Mailboxes added or removed at your request are reflected in your next invoice. No contract amendment is required, and the updated invoice is deemed accepted upon payment.

3.4 Price changes. We may change our prices with at least thirty (30) days' written notice. A change applies from the first billing period that starts after the notice period and never to a period you have already paid for.

4. Billing & Payment

4.1 Billing period. Subscriptions are billed in advance, monthly or quarterly. Quarterly prepayment is charged at the discount shown on the pricing page at the time of your Order.

4.2 Payment methods. You pay by card through Stripe, charged automatically at the start of each billing period, or by bank transfer against an invoice by its due date.

4.3 Non-refundable fees. Fees are non-refundable, except where these Terms expressly provide otherwise or where the law requires a refund.

4.4 Late payment. If an amount is more than seven (7) days overdue, we may suspend the Service until all overdue amounts are paid.

4.5 Taxes. Prices exclude VAT and other applicable taxes, which are added where required.

5. Term, Renewal & Cancellation

5.1 Term. Your subscription starts on the date the Service is first made available to you, or on the date of your first payment if that is earlier. There is no minimum term.

5.2 Renewal. Your subscription renews automatically for consecutive billing periods of the same length until cancelled.

5.3 Cancellation by you. You may cancel at any time by giving thirty (30) days' written notice to support@growth.band. Cancellation takes effect at the end of the billing period in which the notice period ends. Fees for billing periods already paid, including the remainder of a prepaid quarter, are not refunded or credited.

5.4 Termination by us. We may terminate your subscription with thirty (30) days' written notice, in which case we refund any fees you prepaid for the period after termination. We may terminate immediately by written notice if you breach Section 7, or if you materially breach these Terms in any other way and do not cure the breach within ten (10) days of our notice.

5.5 Effect of termination. On termination, all outstanding amounts become immediately due, and Section 6 applies to your domains.

6. Domains

6.1 Ownership. Outreach domains registered for you for the Service, including replacement domains, are and remain your property.

6.2 Renewal. While your subscription is active, domain renewal fees are included in your subscription fee.

6.3 Transfer after termination. If you request it in writing within thirty (30) days after termination, and once all amounts due are paid, we will within fourteen (14) calendar days transfer, or help you transfer, registration and administrative control of your active domains to you, and provide the documentation reasonably needed to evidence the transfer. You agree to provide any information or registrar account reasonably required to complete it.

6.4 What is not transferred. Mailboxes, mailbox content, DNS configurations, warm-up history and other infrastructure components are not transferred unless agreed in writing.

6.5 Unclaimed domains. If you do not request a transfer within thirty (30) days after termination, we have no further obligation to renew or hold your domains and may let them expire.

7. Customer Responsibilities & Acceptable Use

7.1 Content and compliance. You are solely responsible for your outbound email content, your recipient lists and compliance with all laws that apply to your outreach, including GDPR, ePrivacy rules, CAN-SPAM and CASL. This includes having a lawful basis to contact each recipient, identifying yourself as the sender and honouring opt-out requests promptly.

7.2 Prohibited use. You must not use the Service to:

• send phishing, malware or deceptive content, or impersonate any person or organization;
• email addresses obtained unlawfully or in breach of their source's terms;
• promote illegal goods or services;
• resell, sublicense or provide mailboxes to third parties without our written consent; or
• violate the policies of the email platforms on which your mailboxes run.

7.3 Guidelines. You agree to follow our technical and operational guidelines, including the sending limits we set for your mailboxes.

7.4 Account security. You are responsible for keeping your portal and sending-tool credentials secure and for all activity under your account.

8. Access to Your Sending Tool

8.1 Authorization. To provide the Service, you give us API access to your connected sending tool and authorize us to read campaign, mailbox and sending-event data, and to change mailbox settings such as daily sending limits and warm-up.

8.2 Use and revocation. We use this access only to provide the Service. You may revoke it at any time. Parts of the Service that depend on it, such as sending-limit management and reporting, may then stop working.

9. Deliverability

We work to protect and improve your deliverability, but we do not guarantee inbox placement, open, reply or meeting rates, or any business result. These depend on factors outside our control, including your content, list quality, sending behaviour and the policies of email platforms. Email platforms may restrict or suspend mailboxes at their own discretion. Where that happens, our obligation is limited to replacing affected mailboxes in line with your Plan.

10. Support

We use commercially reasonable efforts to respond to support requests within 24 hours on business days (Estonian time). Premium Plans include priority support in a shared Slack channel, as described in the Documentation.

11. Suspension

We may suspend or limit the Service, in whole or in part: (i) under Section 4.4; (ii) if we reasonably believe your use breaches the law or these Terms; or (iii) to address an immediate security, abuse or deliverability threat to you, us or other customers. We will notify you promptly and restore the Service once the cause is resolved.

12. Data Protection

12.1 Roles. For personal data processed on your behalf through the Service, such as recipient email addresses, sending events and replies, you are the controller and we are the processor. We process that data only to provide the Service and on your documented instructions, which consist of these Terms and your use of the Service.

12.2 Privacy Policy. Our Privacy Policy describes the data we process, our sub-processors, retention periods and security measures.

12.3 Data Processing Agreement. If you need a separate Data Processing Agreement, including Standard Contractual Clauses, we will provide one on request. Contact support@growth.band.

13. Confidentiality

Each party agrees to protect the other's non-public information with the same degree of care it uses to protect its own similar information, and at least reasonable care, for one (1) year after disclosure.

14. Intellectual Property

We retain all rights, title and interest in the Service and in our software, methods and materials. You retain all rights in your content and data. You receive a limited, non-transferable right to use the Service during your subscription.

15. Publicity

Unless you opt out in writing, you grant us permission to display your name and logo as a customer reference in our marketing materials.

16. Disclaimers & Limitation of Liability

16.1 Disclaimer. Except as expressly stated in these Terms, the Service is provided "as is" without warranties of any kind, express or implied.

16.2 Indirect damages. Neither party is liable for indirect, consequential, special or punitive damages, or for lost profits, revenue or data.

16.3 Liability cap. Our total liability arising out of or relating to these Terms is limited to the fees you paid in the three (3) months preceding the event giving rise to the claim.

16.4 Exceptions. These limitations do not apply to your payment obligations, to breaches of Section 7, or to liability that cannot be limited under applicable law.

17. Governing Law & Dispute Resolution

These Terms are governed by the laws of Estonia. Any disputes shall be resolved exclusively in the competent courts of Estonia.

18. Changes to These Terms

We may revise these Terms by posting an updated version on our website and updating the "Last updated" date. Material changes take effect thirty (30) days after posting. Continuing to use the Service after changes take effect constitutes acceptance of the revised Terms. A signed written agreement under Section 1.2 can be changed only in writing signed by both parties.

19. Contact

For questions about these Terms, please contact:

Docsify OU
Kaupmehe tn 7‑120
10114 Tallinn, Estonia
Email: support@growth.band