E-Warmup LLC Terms of Service
Effective Date: October 7, 2025
ATTENTION: PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE E-WARMUP SERVICE. BY ACCESSING OR USING THE SERVICE, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE.
1 . Acceptance of Terms
These Terms of Service (the “Terms”) constitute a legally binding agreement between you (the "Customer" or "User") and E-Warmup LLC ("E-Warmup," "we," "us," or "our") regarding your use of the E-Warmup website and services (the "Service" or "Platform").
By accessing, browsing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms, the Privacy Policy, the Acceptable Use Policy (AUP), and the Fulfillment Policy, all of which are incorporated by reference and form an essential part of your agreement with E-Warmup. If you do not agree to these Terms, you may not access or use the Service.
2 . Changes to Terms
E-Warmup reserves the right, at its sole discretion, to modify or replace these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website, updating the "Effective Date" at the top of this page, or notifying you via email. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms.
3 . The E-Warmup Service
E-Warmup provides an email warming service designed to improve the sender reputation of connected email accounts by simulating natural email activity (sending, receiving, and engaging with emails).
3.1. User Responsibilities for Email Accounts
- • You must own or have explicit authorization to connect and use any email accounts integrated with the E-Warmup platform.
- • You acknowledge that the Service requires sending and receiving emails through your connected accounts. You grant E-Warmup the necessary, non-exclusive, revocable permission to access, interact with, and manage emails within your connected accounts solely for the purpose of delivering the Service.
- • E-Warmup is not responsible for any issues arising from your email service provider, including but not limited to account suspension, connection failures, or changes in API access.
4 . Related Policies (Incorporated by Reference)
- • Privacy Policy: Governs the collection, use, and disclosure of your personal data.
- • Acceptable Use Policy (AUP): Defines what constitutes acceptable use of the Service and strictly prohibits activities such as spamming, illegal activities, or any use that compromises the Service's integrity. Any violation of the AUP is grounds for immediate termination.
- • Fulfillment Policy: Outlines terms related to service delivery, cancellations, billing, and refunds.
5 . Account Registration and Security
5.1. Account Eligibility
You must be at least 18 years old or the legal age of majority in your jurisdiction to use the Service. By registering an account, you represent and warrant that you meet this requirement.
5.2. Account Information
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.
5.3. Security
You are responsible for maintaining the confidentiality of your account password and are solely responsible for all activities that occur under your account. You agree to notify E-Warmup immediately of any unauthorized use of your account or any other breach of security. E-Warmup will not be liable for any loss or damage arising from your failure to comply with this security obligation.
6 . Fees, Payment, and Subscriptions
6.1. Subscription and Billing
The Service is billed on a subscription basis (e.g., monthly, annually). You will be billed in advance on a recurring, periodic basis (the "Billing Cycle"). Payment is due immediately upon the start of the Billing Cycle.
6.2. Payment Methods
You must provide E-Warmup with a current, valid, and accepted method of payment. You authorize us to charge all applicable fees to this payment method. Payments are processed securely through third-party providers such as Stripe.
6.3. Price Changes
E-Warmup reserves the right to change its prices for the Service at any time. Any price changes will take effect after reasonable prior notice to you, allowing you to cancel your subscription if you do not agree to the new price.
6.4. Refunds and Cancellations
All payment, cancellation, and refund terms are governed by the Fulfillment Policy. You acknowledge and agree to abide by the terms outlined in the Fulfillment Policy regarding the commercial use of the Service.
7 . Intellectual Property
7.1. E-Warmup Property
The Service, its original content (excluding User Content), features, and functionality are and will remain the exclusive property of E-Warmup LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of E-Warmup LLC.
7.2. User Content
You retain all ownership of the data, information, and material you transmit through the Service (your "User Content"). By using the Service, you grant E-Warmup a limited, non-exclusive, royalty-free, worldwide license to use, reproduce, modify, and display your User Content solely for the purpose of providing and maintaining the Service.
8 . Termination and Suspension
8.1. Termination by E-Warmup
We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever, including without limitation a breach of the Terms, the AUP, or the Privacy Policy.
8.2. Termination by User
You may terminate your account at any time by following the procedures outlined in the Service interface. Termination is effective immediately upon processing. You acknowledge that termination of your account will result in the forfeiture and destruction of all information associated with your account.
8.3. Effect of Termination
Upon termination, your right to use the Service will immediately cease. Sections 6 (Fees and Payment—for accrued charges), 7 (Intellectual Property), 8 (Termination), 9 (Disclaimer of Warranty), 10 (Limitation of Liability), 11 (Indemnification), and 12 (Governing Law) shall survive termination.
9 . Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. E-WARMUP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
- • The Service will meet your specific requirements or expectations.
- • The Service will be uninterrupted, timely, secure, or error-free.
- • The results that may be obtained from the use of the Service will be accurate or reliable.
- • The quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations.
10 . Limitation of Liability
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL E-WARMUP LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF E-WARMUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SERVICE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (E) ANY OTHER MATTER RELATING TO THE SERVICE.
IN NO EVENT SHALL E-WARMUP’S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO E-WARMUP IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
11 . Indemnification
You agree to indemnify, defend, and hold harmless E-Warmup LLC, its affiliates, officers, directors, employees, consultants, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees), and fines arising from or relating to:
- • Your breach of any representation, warranty, or covenant in these Terms.
- • Your use or misuse of the Service.
- • Your violation of any law or third-party rights (including intellectual property or privacy rights).
- • Any claims arising from your User Content or emails sent or received using your connected accounts via the Service.
12 . Governing Law and Dispute Resolution
12.1. Governing Law
These Terms shall be governed by and construed in accordance with the laws of The State of Wyoming, USA, without regard to its conflict of law provisions.
12.2. Arbitration
Any controversy or claim arising out of or relating to these Terms, or the breach thereof, shall be settled by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules. The arbitration shall take place in [Your City/County, Wyoming]. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
12.3. Class Action Waiver
You and E-Warmup agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
13 . General Provisions
13.1. Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired.
13.2. Entire Agreement
These Terms, along with the AUP, Privacy Policy, and Fulfillment Policy, constitute the entire agreement between you and E-Warmup concerning your use of the Service, superseding any prior agreements between you and E-Warmup.
14 . Contact Information
E-Warmup LLC
30 N Gould St Ste R, Sheridan, WY 82801
Email: info@e-warmup.com
Website: https://e-warmup.com
