By accessing and using WarmOpener ("the Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.
2. Description of Service
WarmOpener is an email personalization and automation platform that allows users to:
Manage contact lists, custom fields, and organize contacts into lists
Generate AI-powered personalized content for email outreach
Create multi-step email sequences with personalization placeholders
Connect Gmail accounts via OAuth 2.0 (no password required) or SMTP email accounts
Launch automated email campaigns with intelligent sending controls
Detect replies and automatically pause follow-up sequences
Track campaign performance, email sending logs, and analytics
Enrich contact data with publicly available website information
Google OAuth Integration
When you connect your Gmail account, you authorize WarmOpener to access the following Google OAuth scopes:
userinfo.email - To identify your Google Account email address
userinfo.profile - To display your name and profile information
gmail.send - To send emails on your behalf (this is the ONLY Gmail-specific scope we request)
Reply Tracking: We track replies using Amazon SES inbound email processing with custom Reply-To headers. This means we do NOT need to access your Gmail inbox to detect replies. We do NOT request gmail.readonly or any other inbox access permissions.
We do NOT read your Gmail inbox, access your existing emails, or perform any actions beyond sending your campaigns. You can revoke access at any time from your Google Account settings.
3. Account Registration
To use the Service, you must:
Provide accurate and complete registration information
Maintain the security of your account credentials
Be at least 18 years old or have parental consent
Promptly notify us of any unauthorized access
Accept responsibility for all activities under your account
4. Acceptable Use Policy
You May NOT Use the Service to:
Send spam, unsolicited bulk emails, or emails to purchased email lists
Send emails to contacts who have not opted in or provided consent
Violate CAN-SPAM Act, GDPR, CCPA, or any applicable email marketing and privacy laws
Harvest or scrape email addresses without explicit permission
Impersonate others, misrepresent your identity, or use misleading sender information
Omit unsubscribe links or ignore unsubscribe requests
Distribute malware, viruses, phishing attempts, or harmful content
Engage in illegal activities, fraud, or deceptive practices
Harass, threaten, defame, or harm others
Violate intellectual property rights or send copyrighted content without permission
Exceed reasonable sending limits or abuse the platform
Email Compliance Requirements
When using WarmOpener, you MUST:
Only email contacts who have explicitly opted in or have an existing business relationship with you
Provide accurate sender information (your real name and email address)
Include a clear and functioning unsubscribe mechanism in commercial emails
Honor unsubscribe requests within 10 business days
Comply with all applicable anti-spam and data protection laws in your jurisdiction and recipient jurisdictions
Maintain records of consent for contacting your recipients
Note: WarmOpener provides an automated unsubscribe system. Recipients who unsubscribe will be automatically excluded from future campaigns. You are responsible for ensuring compliance with all applicable laws.
Violation of this policy may result in immediate suspension or termination of your account without refund. Repeated violations may result in permanent ban and reporting to relevant authorities.
Clerk: Authentication services are subject to Clerk's terms of service
Important Gmail Policies:
When using Gmail integration, you must comply with Google's policies, including:
Not using Gmail to send spam or abusive content
Respecting Gmail's sending limits and rate limits
Following Google's OAuth consent screen requirements
Not misrepresenting your use of Gmail data
Google may revoke WarmOpener's API access if users violate these policies. We reserve the right to suspend accounts that put our Gmail API access at risk.
We are not responsible for third-party service outages, policy changes, or API access revocation. You acknowledge that third-party service availability may affect WarmOpener functionality.
8.1. Data Processing
Data Processing Addendum (DPA)
Where we process personal data on your behalf (such as contact information you upload), our Data Processing Addendum (DPA) forms part of these Terms and governs such processing.
The DPA includes:
Details of processing activities and data types
Security measures and data protection obligations
Data subject rights procedures
Sub-processor information and controls
Data breach notification procedures
International data transfer safeguards
Request DPA: Contact support@warmopener.com to request a signed DPA if required for your compliance requirements.
9. Disclaimers and Limitations
Important Disclaimers:
The Service is provided "as is" without warranties
We do not guarantee email deliverability or campaign results
We are not liable for AI-generated content accuracy
Maximum liability is limited to fees paid in the last 12 months
We are not responsible for Gmail or OpenAI service interruptions
10. Email Marketing Compliance & Your Responsibilities
You are solely responsible for compliance with all applicable email marketing, privacy, and anti-spam laws in your jurisdiction and the jurisdictions of your recipients.
Applicable Laws Include (but are not limited to):
CAN-SPAM Act (United States) - Requires opt-out mechanisms, accurate headers, and honest subject lines
PECR (United Kingdom) - Regulates electronic marketing and cookies
Any other applicable laws in recipient countries
Your Compliance Obligations:
Obtain Consent: You must have explicit permission to email each contact on your list
Accurate Information: All sender information must be accurate and not misleading
Unsubscribe Mechanism: Include a clear, functioning unsubscribe link in all commercial emails
Honor Opt-Outs: Process unsubscribe requests within 10 business days (CAN-SPAM requirement)
Physical Address: Include your valid physical postal address in commercial emails
Honest Subject Lines: Subject lines must accurately reflect email content
Record Keeping: Maintain records of consent for all contacts
What WarmOpener Provides:
Automated unsubscribe system that immediately excludes contacts from future campaigns
Contact management tools to track opt-in status
Secure credential storage and OAuth integration with Gmail
Campaign controls (time windows, daily limits) to help maintain sender reputation
Important: WarmOpener provides tools to help with compliance, but YOU are ultimately responsible for ensuring your email practices comply with all applicable laws. We reserve the right to suspend accounts that violate these requirements or applicable laws.
11. Changes to Terms
We may update these Terms at any time. We will notify you of significant changes via email or platform notification. Continued use after changes constitutes acceptance.