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Terms of Service

Effective Date: 26 November 2025
Please read these Terms of Service carefully before using Cold Lava's services. By accessing or using our services, you agree to be bound by these terms.

1. Agreement to Terms

By accessing or using Cold Lava AI's services, website, AI agents, automation tools, or any other services (collectively, the "Services"), you agree to comply with and be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use our Services.

2. Description of Services

Cold Lava Ltd ("we", "our", or "us") provides AI-powered automation and business services, including but not limited to:

2.1 AI Voice Agents

• Automated voice calling and phone interaction systems
• Conversational AI for customer service and sales
• Voice-based lead qualification and appointment scheduling
• Call recording and transcription services

2.2 AI Chat Agents

• Web-based chat widgets and messaging interfaces
• Automated customer support and inquiry handling
• Lead capture and qualification via chat
• Multi-platform messaging integration

2.3 Database Reactivation (DBR)

• Automated SMS, email, and WhatsApp campaigns
• Lead reactivation and follow-up sequences
• Customer database management and engagement
• Multi-channel communication automation

2.4 Custom Automation Solutions

• Integration with Google Workspace (Gmail, Calendar)
• Workflow automation and process optimization
• Custom software development and API integrations
• Business intelligence and reporting tools

2.5 AI Consulting Services

• AI strategy and implementation consulting
• Process analysis and automation recommendations
• Technology selection and vendor guidance
• Training and ongoing support

3. User Accounts and Access

3.1 Account Registration

To use certain Services, you may be required to create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain the security of your account credentials
• Promptly update account information as needed
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized access

3.2 Google API Access

If you grant us access to your Google services (Gmail, Calendar, etc.), you acknowledge that:

• We will only access data necessary to provide requested services
• Our use complies with Google's API Services User Data Policy
• You can revoke access at any time through your Google Account settings
• We do not store or share your Google data with third parties

4. Acceptable Use Policy

4.1 Permitted Use

You may use our Services only for lawful purposes and in accordance with these Terms. You agree not to:

• Violate any applicable laws, regulations, or third-party rights
• Send spam, unsolicited messages, or engage in harassment
• Use Services to transmit malware, viruses, or harmful code
• Attempt to gain unauthorized access to our systems or networks
• Reverse engineer, decompile, or disassemble our software
• Use Services to compete with or harm Cold Lava's business
• Violate platform-specific policies (WhatsApp, SMS, email providers)

4.2 Messaging and Communication Compliance

When using our messaging services (SMS, WhatsApp, Email), you must:

• Comply with all applicable anti-spam laws (CAN-SPAM, GDPR, etc.)
• Obtain proper consent before contacting individuals
• Include clear opt-out mechanisms in all communications
• Honor opt-out requests promptly (within 24-48 hours)
• Not send messages to purchased or scraped contact lists
• Comply with WhatsApp Business Policy and messaging limits
• Adhere to carrier-specific SMS regulations and best practices

4.3 AI Voice Agent Usage

When using our AI voice calling services, you agree to:

• Comply with telephone consumer protection laws (TCPA, etc.)
• Disclose that calls may be automated or AI-powered when required by law
• Not use voice services for illegal telemarketing or scams
• Maintain Do Not Call list compliance where applicable
• Obtain necessary consent for call recording in applicable jurisdictions

5. Service Fees and Payment

5.1 Pricing

Fees for Services are specified in your service agreement, quote, or subscription plan. We reserve the right to:

• Change pricing with 30 days' notice for ongoing services
• Charge for usage-based services (API calls, messages sent, etc.)
• Apply additional fees for premium features or overage

5.2 Payment Terms

• Payment is due according to the terms in your service agreement
• You authorize us to charge your payment method on file
• Late payments may result in service suspension or termination
• All fees are non-refundable unless otherwise stated

5.3 Third-Party Service Costs

You are responsible for costs associated with third-party services you choose to integrate, including but not limited to:

• SMS/MMS carrier fees and Twilio costs
• WhatsApp Business API fees
• Email service provider charges
• Google Workspace or other API platform fees
• Voice calling and telephony provider costs

6. Intellectual Property Rights

6.1 Our IP

All intellectual property rights in the Services, including software, AI models, documentation, and branding, are owned by Cold Lava Ltd. You are granted a limited, non-exclusive, non-transferable license to use the Services as permitted by these Terms.

6.2 Your Data

You retain all rights to your customer data, contact lists, and business information. By using our Services, you grant us a limited license to process your data solely to provide the Services.

6.3 AI-Generated Content

Content generated by our AI systems (responses, messages, transcripts) is provided as-is. You are responsible for reviewing and approving AI-generated content before use in critical business communications.

7. Data Security and Privacy

7.1 Data Protection

We implement appropriate technical and organizational measures to protect your data. However, you acknowledge that:

• No system is completely secure from all threats
• You are responsible for maintaining secure account credentials
• You should not transmit highly sensitive information through automated systems without additional safeguards

7.2 Privacy Policy

Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

7.3 Data Retention

• AI conversation logs may be retained for quality assurance and training
• Message delivery logs and analytics data may be stored for reporting
• You may request deletion of your data subject to legal retention requirements

8. Service Level and Availability

8.1 Uptime

We strive to maintain high availability of our Services but do not guarantee uninterrupted access. Services may be temporarily unavailable due to:

• Scheduled maintenance (with advance notice when possible)
• Emergency security updates or patches
• Third-party service provider outages
• Force majeure events beyond our control

8.2 Service Modifications

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice. We will make reasonable efforts to notify you of material changes.

9. Third-Party Services and Integrations

Our Services integrate with various third-party platforms, including:

• Google Workspace: Subject to Google's Terms of Service
• Twilio (SMS): Subject to Twilio's Acceptable Use Policy
• WhatsApp Business API: Subject to Meta's Business Terms
• Email Providers: Subject to provider-specific policies
• Voice Platforms: Subject to telephony provider terms

You are responsible for complying with all third-party terms and policies. We are not responsible for third-party service failures, changes, or discontinuation.

10. Warranty Disclaimer

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability or fitness for a particular purpose
• Warranties that Services will meet your specific requirements
• Warranties of uninterrupted, timely, secure, or error-free operation
• Warranties regarding AI accuracy, completeness, or reliability

AI systems may produce errors, inaccuracies, or inappropriate responses. You are responsible for reviewing and verifying AI output before relying on it for business decisions.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• Cold Lava shall not be liable for any indirect, incidental, special, consequential, or punitive damages
• Our total liability for any claim arising from these Terms or the Services shall not exceed the amount you paid us in the 12 months preceding the claim
• We are not liable for business losses including lost profits, revenue, data, or opportunities
• We are not liable for failures caused by third-party service providers
• We are not liable for your violation of laws, regulations, or third-party rights

12. Indemnification

You agree to indemnify, defend, and hold harmless Cold Lava Ltd, its officers, directors, employees, and agents from any claims, losses, damages, liabilities, and expenses (including legal fees) arising from:

• Your use or misuse of the Services
• Your violation of these Terms or applicable laws
• Your violation of third-party rights (privacy, intellectual property, etc.)
• Content you submit or transmit through the Services
• Your failure to comply with messaging regulations or consent requirements

13. Termination

13.1 Termination by You

You may terminate your use of the Services at any time by:

• Discontinuing use of the Services
• Cancelling your subscription or account
• Providing written notice of termination

13.2 Termination by Us

We may suspend or terminate your access to the Services immediately if:

• You violate these Terms or our Acceptable Use Policy
• Your account is used for fraudulent or illegal activity
• You fail to pay fees when due
• We are required to do so by law or regulatory authority
• Continuing to provide Services creates legal or security risks

13.3 Effect of Termination

• You must cease all use of the Services immediately
• Outstanding fees remain due and payable
• We may delete your data after a reasonable retention period
• Provisions intended to survive termination (liability, indemnification, etc.) will continue to apply

14. Dispute Resolution

14.1 Governing Law

These Terms are governed by the laws of England and Wales, without regard to conflict of law principles.

14.2 Jurisdiction

Any disputes arising from these Terms or the Services shall be subject to the exclusive jurisdiction of the courts of England and Wales.

14.3 Informal Resolution

Before filing any legal claim, you agree to attempt to resolve the dispute informally by contacting us at hello@coldlava.ai with a detailed description of the issue.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy and any service-specific agreements, constitute the entire agreement between you and Cold Lava regarding the Services.

15.2 Amendments

We may update these Terms from time to time. Material changes will be notified via email or prominent notice on our website. Continued use of Services after changes constitutes acceptance.

15.3 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

15.4 Waiver

Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

15.5 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

15.6 No Agency

Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and Cold Lava.

16. Contact Information

For questions about these Terms of Service, please contact us:

Cold Lava Ltd
Liverpool, United Kingdom
Email: hello@coldlava.ai
Website: https://coldlava.ai
Book a call: https://cal.com/coldlava/discovery-call

Last Updated: 26 November 2025
Version: 1.0