Terms of Service

By creating an account or using the Service in any way, you accept these Terms and agree to be bound by them, along with our Privacy Policy. If you are using the Service on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.

Coldfire CRM is a cloud-based cold calling CRM platform that provides:

To use the Service, you must register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password. We encourage you to use a strong, unique password. You agree not to disclose your password to any third party.

You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Access to certain features of Coldfire CRM requires a paid subscription. Subscription fees are billed in advance on a monthly or annual basis and are non-refundable except as described in our Refund Policy.

We reserve the right to change our pricing at any time. We will provide at least 30 days' notice before any price change takes effect. Your continued use of the Service after a price change constitutes your acceptance of the new pricing.

If payment fails, we reserve the right to suspend or terminate your account after reasonable notice.

You agree not to use the Service to:

You are solely and exclusively responsible for ensuring that your use of the Service complies with all applicable telemarketing, outbound calling, consumer protection, and data protection laws in every jurisdiction where you make or receive calls. These include, without limitation: the Telephone Consumer Protection Act (TCPA) in the United States; the EU General Data Protection Regulation (GDPR); the German Act Against Unfair Competition (UWG) and Telecommunications Act (TKG); the UK Privacy and Electronic Communications Regulations (PECR); and all applicable national Do-Not-Call (DNC) registry regulations.

You must at all times: (a) obtain all legally required consents before making outbound calls or sending marketing communications to any individual; (b) maintain and strictly honor an internal Do-Not-Call list; (c) disclose call recording to recipients where required by law prior to recording beginning; (d) ensure your calling lists do not include numbers registered on applicable DNC registries; and (e) comply with any time-of-day restrictions on outbound calls imposed by applicable law.

Coldfire CRM is a software tool only. We do not monitor, review, screen, or control the content of your calls, the contacts you choose to call, the consents you have or have not obtained, or whether your calling practices comply with applicable law. We are not your compliance officer, legal counsel, or guarantor of your regulatory compliance.

We reserve the right to suspend or terminate your account immediately and without notice if we have reasonable grounds to believe you are using the Service in violation of any applicable telemarketing, data protection, or consumer protection law. Such termination shall not entitle you to any refund.

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference.

You retain all rights to the data you upload or create through the Service. You grant us a limited license to process your data solely to provide the Service to you.

You are solely responsible for ensuring your use of the Service complies with all applicable data protection laws, including GDPR if you process data of EU residents. Coldfire CRM provides tools to support your compliance but is not responsible for your compliance.

The Service includes call recording and transcription capabilities. You are solely responsible for obtaining all necessary consents from all call participants before recording any call, in accordance with applicable laws in your jurisdiction and the jurisdiction of the call recipient. In many jurisdictions, recording a call without the consent of all parties is a criminal offence.

You acknowledge that consent requirements vary by country, state, and local law, and that it is your responsibility to understand and comply with the requirements applicable to each call you record using the Service.

We are not responsible for any legal liability, regulatory fine, civil claim, or criminal consequence arising from your failure to obtain required consents for call recording or from any other unlawful use of the recording features of the Service.

The Service and its original content, features, and functionality are and will remain the exclusive property of TE Software Solutions LLC and its licensors. The Service is protected by copyright, trademark, and other laws.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of TE Software Solutions LLC.

You retain ownership of any content you create using the Service. By using the Service, you grant us a worldwide, non-exclusive, royalty-free license to use, store, and process your content solely for the purpose of operating and improving the Service.

To the maximum extent permitted by applicable law, in no event shall TE Software Solutions LLC, its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your access to or use of (or inability to access or use) the Service.

Our total liability to you for any claims arising from or related to the Service shall not exceed the amount you paid us in the 12 months preceding the claim.

The Service is provided on an "as is" and "as available" basis without any warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or completely secure.

You agree to defend, indemnify, and hold harmless TE Software Solutions LLC, its officers, directors, employees, contractors, agents, licensors, and suppliers from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees and court costs) arising out of or relating to:

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service or contact us to close your account.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnification obligations, and limitations of liability.

PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS AND HOW DISPUTES BETWEEN YOU AND COLDFIRE CRM WILL BE RESOLVED.

Informal Resolution First. Before initiating any formal legal proceeding, you agree to contact us at legal@coldfire.io and attempt in good faith to resolve the dispute informally. We will attempt to resolve the dispute within 30 days of receiving your written notice. If the dispute is not resolved within that period, either party may proceed to arbitration as described below.

Binding Arbitration. Except for claims that qualify for small claims court, you and TE Software Solutions LLC agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Privacy Policy, or your use of the Service — whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory — shall be resolved exclusively by binding individual arbitration. The arbitration shall be conducted under the rules of a mutually agreed arbitration institution. The seat of arbitration shall be Tbilisi, Georgia. The language of the arbitration shall be English.

No Class Actions. YOU AND COLDFIRE CRM AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are expressly prohibited. If this class action waiver is found unenforceable for any claim, then the entirety of this arbitration agreement shall be null and void for that claim, which shall be resolved in a court of competent jurisdiction.

Injunctive Relief Exception. Notwithstanding the above, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction solely to prevent irreparable harm pending the resolution of a dispute by arbitration.

These Terms shall be governed and construed in accordance with the laws of Georgia, without regard to its conflict of law provisions, except to the extent that applicable mandatory consumer protection laws of your country of residence require the application of different law. Subject to the Dispute Resolution section above, any disputes not resolved by arbitration shall be subject to the exclusive jurisdiction of the courts of Tbilisi, Georgia.

We reserve the right to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised Terms.

If you have any questions about these Terms, please contact us at legal@coldfire.io.