Terms of Service

Effective date: July 1, 2026
Last updated: July 2, 2026

These Terms of Service (the "Terms") are a binding agreement between you and [TOASTY LEGAL ENTITY], [ADDRESS] ("we," "us," or the "Company"), the operator of Toasty(the "Service"). By clicking "I agree," creating an account, or using the Service, you accept these Terms. If you are accepting on behalf of a company, you represent that you have authority to bind that company, and "you" means that company. If you do not agree, do not use the Service.

1. What the Service Is

Toasty is a sales CRM for businesses. It connects to email mailboxes that you own or control, drafts follow-up messages with AI assistance, runs outreach sequences from your own domains and mailboxes, helps you discover and enrich prospect records, and tracks opens and replies. The Service is intended for business use, not personal or consumer use.

2. Documents Incorporated Into These Terms

The following are part of these Terms and bind you equally:

• The Acceptable Use Policy ("AUP"). A breach of the AUP is a breach of these Terms.
• The Data Processing Addendum ("DPA"), which applies automatically whenever the Service processes personal data on your behalf.
• The Privacy Policy, which describes how we handle personal information.

3. Your Account

You must provide accurate registration information and keep it current. You are responsible for all activity under your account and for keeping your login credentials confidential. Notify us promptly at legal@sendtoasty.com if you suspect unauthorized use.

4. Your Mailboxes and Credentials

The Service connects to mailboxes using credentials that you supply, such as Gmail app passwords for IMAP and SMTP access. By connecting a mailbox, you:

• authorize us to access that mailbox on your behalf, to read, send, and organize mail as directed by your use of the Service;
• represent and warrant that you own the mailbox or have full authority from its owner to connect it and to send mail from it; and
• agree that your use of a connected mailbox remains subject to your own agreement with the mailbox provider (for example, Google's terms for Gmail and Google Workspace).

We store mail credentials encrypted at rest and use them only to provide the Service. You may disconnect a mailbox at any time, which revokes our access going forward.

5. You Are the Sender of Your Email

Messages sent through the Service are your messages. They promote your products or services, you choose the recipients, and they are sent from mailboxes and domains that you own or control. For purposes of the CAN-SPAM Act (15 U.S.C. § 7701 et seq.) and similar laws, you are the "sender" of every message sent through your account. The Service performs routine conveyance: it transmits messages you initiate, through infrastructure you connect, at your direction.

You are solely responsible for:

• complying with the CAN-SPAM Act, state anti-spam laws, telemarketing and privacy laws, and any other law that applies to the messages you send;
• including your valid physical postal address and a working opt-out mechanism in every commercial message, and honoring opt-outs promptly;
• the accuracy and lawfulness of your recipient lists; and
• the content of every message, including AI-assisted drafts.

Geographic scope. The Service is currently designed and offered for prospecting recipients located in the United States. You must not use the Service to send commercial email to recipients in jurisdictions whose laws you have not independently confirmed you can comply with (for example, jurisdictions that require prior opt-in consent for commercial email).

6. AI Features

The Service uses third-party AI models (currently Anthropic's Claude) to draft follow-ups, suggest replies, and enrich records. AI output can be inaccurate, incomplete, or unsuitable for your recipient. You must review every AI-generated draft before it is sent and you are responsible for what you send, whether or not you edited it. We make no promises about the quality, accuracy, or business results of AI output, including reply rates, meetings booked, or revenue.

7. No Deliverability Guarantee

Email deliverability depends on factors outside our control, including your domain reputation, your list quality, recipient mail-server policies, and the behavior of mailbox providers. We do not guarantee that any message will be delivered, reach an inbox rather than a spam folder, or be opened. Warmup features improve the odds; they do not guarantee outcomes.

8. Acceptable Use and Enforcement

You must follow the Acceptable Use Policy at all times. If we receive an abuse report or detect activity that we reasonably believe violates the AUP or these Terms, we may immediately suspend sending, mailbox connections, or your entire account while we investigate, without prior notice. If we confirm a breach, we may terminate your account. We may also scan campaign content for compliance, apply rate limits, and require identity or domain verification before allowing sending to resume.

9. Fees, Trials, Renewal, and Cancellation

• Free trial. New accounts may receive a 14-day free trial. At the end of the trial, your subscription begins and your payment method is charged unless you cancel first. We may limit features or sending volume during a trial.
• Auto-renewal. Subscriptions renew automatically at the end of each billing period at the then-current price until you cancel.
• Cancellation. You can cancel at any time from your account settings. Cancellation takes effect at the end of the current billing period. Except where required by law, fees already paid are non-refundable.
• Price changes. We will give you at least 30 days notice before a price change takes effect for your subscription.

10. Your Data

You retain all rights to the data you submit to or generate through the Service, including email content, prospect records, and lists ("Customer Data"). You grant us a limited license to host, process, transmit, and display Customer Data solely to provide and support the Service. Our handling of personal data within Customer Data is governed by the DPA.

11. Our Intellectual Property

We own the Service, including its software, design, and branding. We grant you a limited, non-exclusive, non-transferable right to use the Service during your subscription. You may not copy, resell, reverse-engineer, or build a competing product from the Service, and you may not use it in ways these Terms do not permit.

12. Third-Party Services

The Service depends on third parties we do not control, including Google (mail transport for connected mailboxes), hosting and database providers, AI model providers, and payment processors. We are not responsible for their acts, omissions, outages, or policy changes, including a mailbox provider suspending your account or changing how app passwords or IMAP/SMTP access work. Your use of third-party services remains subject to their own terms.

13. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT AI OUTPUT WILL BE ACCURATE.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW: (a) NEITHER PARTY IS LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, OR LOST DATA, EVEN IF ADVISED OF THE POSSIBILITY; AND (b) OUR TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE IS CAPPED AT THE FEES YOU PAID US IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. THESE LIMITS DO NOT APPLY WHERE THEY CANNOT LAWFULLY BE LIMITED.

15. Indemnification

You will defend, indemnify, and hold harmless the Company and its owners, officers, and contractors from any third-party claim, regulatory action, fine, or loss (including reasonable attorneys' fees) arising from: (a) messages you send through the Service and your sending practices; (b) your recipient lists and how you obtained them; (c) your breach of these Terms or the AUP; or (d) your violation of law, including the CAN-SPAM Act and state anti-spam or privacy laws.

16. Term, Suspension, and Termination

These Terms apply while you use the Service. We may suspend the Service as described in Section 8, and either party may terminate at any time (you by cancelling; us with notice, or immediately for a confirmed breach). On termination we will delete or return Customer Data as described in the DPA. Sections that by their nature should survive (including Sections 13 through 15 and 17) survive termination.

17. Governing Law and Disputes

These Terms are governed by the laws of the Commonwealth of Pennsylvania, without regard to conflict-of-laws rules. The state and federal courts located in Pennsylvania have exclusive jurisdiction over disputes arising out of these Terms or the Service, and each party consents to venue there.

18. Changes to These Terms

We may update these Terms from time to time. For material changes we will give notice by email or in-app at least 14 days before they take effect. Continuing to use the Service after the effective date means you accept the updated Terms.

19. Contact

[TOASTY LEGAL ENTITY], [ADDRESS]
Legal: legal@sendtoasty.com
Privacy: privacy@sendtoasty.com
Abuse reports: abuse@sendtoasty.com