Cold Navigator is operated by a Turkey-based legal entity, with business operations and presence in the Republic of Turkiye and the United Kingdom. By accessing or using the Service, you agree to be bound by these Terms.
1. Definitions
In these Terms, the following definitions apply:
- "Service" means the Cold Navigator platform, including the website at coldnavigator.com, the application at app.coldnavigator.com, APIs, documentation, and all related services.
- "Customer" or "you" means the individual or legal entity accessing or using the Service.
- "Provider", "we", "us", or "our" means Cold Navigator and its operating entity.
- "Permitted User" means any individual authorized by the Customer to access and use the Service under the Customer's account.
- "Customer Data" means all data, content, and information submitted to or processed through the Service by or on behalf of the Customer.
- "Subscription Term" means the period during which the Customer has active access to the Service under a paid subscription or trial.
- "Third-Party Platform" means any external platform or service that the Customer connects to or uses in conjunction with the Service, including but not limited to LinkedIn, Gmail, and Microsoft Outlook.
- "Documentation" means the user guides, help articles, API documentation, and other instructional materials we make available for the Service.
- "Confidential Information" means any non-public information disclosed by one party to the other that is designated as confidential or that reasonably should be understood to be confidential.
2. Acceptance of Terms
By creating an account, accessing, or using the Service, you confirm that you have read, understood, and agree to these Terms, our Privacy Policy, Cookie Policy, and Data Processing Addendum, and any other policies referenced herein.
If you do not agree to these Terms, you must not access or use the Service.
If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms, and "you" or "Customer" refers to that entity.
3. Changes to These Terms
- We may update these Terms from time to time to reflect changes in our Service, legal requirements, or business operations.
- Any changes will be posted on this page with an updated "Last Updated" date.
- For material changes, we will provide notice via email or through the Service at least 14 days before the changes take effect.
- Your continued use of the Service after changes are published constitutes acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Service before the changes take effect.
4. Eligibility
You represent and warrant that:
- You are at least 18 years old.
- You have the legal capacity to enter into binding agreements.
- You will use the Service in compliance with all applicable laws and regulations, including data protection, anti-spam, and export control laws.
- You will comply with all relevant Third-Party Platform terms, including but not limited to LinkedIn's User Agreement and Professional Community Policies.
- You are not located in a country subject to a U.S., EU, or UK government embargo, and you are not listed on any U.S., EU, or UK government list of prohibited or restricted parties.
5. Account Registration and Security
To access the Service, you must create an account and provide accurate and complete information. You are responsible for:
- Maintaining the confidentiality of your login credentials and API keys.
- All activities conducted through your account, whether by you or any Permitted User.
- Ensuring that Permitted Users comply with these Terms and any applicable policies.
- Immediately notifying us of any unauthorized use of your account or any other breach of security.
- Promptly revoking access for any Permitted User who no longer requires access or has left your organization.
We reserve the right to suspend or terminate accounts for violations of these Terms, misuse, suspicious activity, or to protect the security and integrity of the Service or other customers.
6. Subscriptions, Fees, and Payments
a. Subscription Plans
Access to the Service requires a paid subscription according to the pricing plans displayed on our website. Subscription plans may vary in features, limits, and pricing.
b. Free Trial
We may offer a free trial period for evaluation purposes. During the trial:
- The Service may have limited functionality compared to paid plans.
- We may terminate or modify the trial at any time without prior notice.
- The trial is provided "AS IS" without any warranties, service level commitments, or dedicated support obligations.
- If you do not subscribe to a paid plan before the trial expires, your account will be converted to a free plan with limited access.
c. Payments
Payments are processed through Dodo Payments and collected on behalf of our operating entity. Cold Navigator does not directly store or process payment card information. All payment transactions are handled by PCI DSS-compliant processors.
d. Billing and Cancellation
- Subscriptions are billed on a recurring basis (monthly or annually) unless cancelled.
- You may cancel your subscription at any time through your account settings or by contacting support.
- Cancellation takes effect at the end of the current billing period; you retain access until then.
- Subscriptions will automatically renew at the end of each billing period unless you provide cancellation notice before the renewal date.
e. Refunds
Fees are generally non-refundable except where required by applicable law or as expressly stated in these Terms. If the Service fails to substantially conform to its Documentation and we are unable to remedy the non-conformity within a reasonable time, you may be eligible for a pro-rata refund of prepaid fees for the unused portion of the Subscription Term.
f. Taxes
You are responsible for all applicable taxes, including VAT, sales tax, or similar charges arising from your use of the Service. If we are required to collect taxes, they will be added to your invoice.
g. Late Payments
Late payments may be subject to a service charge of 1.5% per month (or the maximum rate permitted by law, whichever is lower) on overdue amounts. We reserve the right to suspend access to the Service for accounts with overdue balances exceeding 30 days.
7. License and Permitted Use
Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service during the Subscription Term for your internal business purposes.
General Restrictions
You may not:
- Reverse engineer, decompile, disassemble, or attempt to extract the source code of the Service.
- Copy, modify, create derivative works of, or distribute the Service or Documentation.
- Sublicense, resell, rent, lease, or otherwise make the Service available to third parties, except as expressly permitted.
- Remove, alter, or obscure any proprietary notices, labels, or marks on the Service.
- Use the Service for unlawful, harmful, abusive, or fraudulent activities.
- Interfere with the integrity, security, or performance of the Service.
- Use the Service to send unsolicited bulk communications in violation of applicable anti-spam laws.
- Access the Service in order to build a competitive product or service, or for benchmarking purposes, without prior written consent.
API Usage
If you access the Service through our API, you agree to comply with the API documentation and any rate limits we impose. We may monitor API usage and restrict or suspend access if usage patterns threaten Service integrity or performance.
8. Email Finder and Email Sender Terms
a. Email Finder
The Service includes an Email Finder feature to locate publicly available business email addresses. By using this feature, you acknowledge and agree that:
- Cold Navigator only processes publicly available or user-provided information for this purpose.
- Email addresses are generated in real time and are not retained after the session is completed.
- Cold Navigator does not build, maintain, or sell databases of email addresses.
- Results are provided "as-is" without any guarantee of accuracy, completeness, or deliverability.
- You are solely responsible for ensuring the lawful use of any email addresses obtained, including compliance with GDPR, KVKK, CAN-SPAM, CASL, and other applicable data protection and anti-spam laws.
- Cold Navigator is not liable for any consequences arising from your use of discovered email addresses.
b. Email Sender
The Service includes an Email Sender feature that enables users to send emails through their own connected email accounts (Gmail, Outlook). By using this feature, you acknowledge and agree that:
- Emails are sent from your own email account via OAuth integration; Cold Navigator does not send emails on its own behalf.
- You have a lawful basis to contact each recipient.
- You comply with all applicable anti-spam and data protection laws (e.g., GDPR, CAN-SPAM, KVKK, CASL).
- You are responsible for the content and legal compliance of all messages sent.
- Cold Navigator processes email content and recipient data only as necessary to deliver the email and for short-term technical purposes. Email data is not permanently stored or used for any other purpose.
c. Enrichment Disclaimer
Any data enrichment results (email addresses, contact information) obtained through the Service are provided "as-is" without warranties of accuracy or completeness. Cold Navigator does not independently verify enriched data. You are solely responsible for:
- Verifying the accuracy of enriched data before use.
- Ensuring your use of enriched data complies with applicable laws.
- Honoring opt-out and unsubscribe requests from data subjects.
9. Customer Data
a. Ownership
You retain all ownership rights in your Customer Data. By using the Service, you grant us a worldwide, royalty-free, non-exclusive license to use, store, process, and display Customer Data solely to the extent necessary to provide and improve the Service.
b. Customer Obligations
You are solely responsible for:
- The accuracy, quality, and legality of Customer Data.
- Obtaining all necessary rights, consents, and permissions for the collection, processing, and sharing of Customer Data.
- Ensuring Customer Data does not violate applicable laws or third-party rights.
c. No Sensitive Personal Information
You shall not submit sensitive personal information to the Service, including but not limited to payment card numbers, social security numbers, health information, or any data classified as "special category" under the GDPR. Cold Navigator is not designed or intended to process such data.
d. Data Retention After Termination
Following termination or expiration of your Subscription Term, Customer Data will be retained for a period of 30 days, during which you may request export or deletion. After this period, we may delete Customer Data in the ordinary course of business unless retention is required by law.
e. Anonymized Data
We may aggregate and anonymize Customer Data such that it no longer identifies you or any individual. We may use such anonymized data for analytics, benchmarking, service improvement, and industry research purposes. Cold Navigator will not identify you as the source of any anonymized data.
10. Data Protection and Privacy
Your use of the Service is subject to our Privacy Policy and, where applicable, our Data Processing Addendum. You acknowledge that you are responsible for ensuring your use of the Service complies with applicable data protection laws, including:
- EU General Data Protection Regulation (GDPR)
- UK General Data Protection Regulation (UK GDPR)
- Turkish Personal Data Protection Law (KVKK, Law No. 6698)
- California Consumer Privacy Act (CCPA/CPRA), where applicable
- Canada's Anti-Spam Legislation (CASL), where applicable
- Any other applicable data protection or privacy laws in your jurisdiction
11. Third-Party Platforms
Cold Navigator is an independent platform and is not affiliated with, endorsed by, or sponsored by LinkedIn Corporation, Google, Microsoft, or any other Third-Party Platform.
- You are solely responsible for compliance with each Third-Party Platform's terms of service, policies, and guidelines.
- We do not guarantee continued compatibility with any Third-Party Platform. Third-party integrations may change or become unavailable without notice.
- Cold Navigator bears no liability for any actions taken by Third-Party Platforms against your account, including but not limited to account restrictions, suspensions, or bans.
- We may disable or modify integrations at any time to maintain Service integrity or comply with legal requirements.
12. Intellectual Property Rights
All intellectual property rights in and to the Service, including but not limited to software, algorithms, trademarks, trade names, logos, documentation, and user interface designs, are owned by Cold Navigator or its licensors. These Terms do not transfer any ownership rights to you.
You are granted only the limited license set forth in Section 7 and no other rights, implied or otherwise.
Feedback
If you provide us with suggestions, ideas, or feedback regarding the Service ("Feedback"), you grant us an unrestricted, irrevocable, perpetual, royalty-free license to use, incorporate, and commercialize such Feedback without obligation to you. We will not identify you as the source of any Feedback without your consent.
13. Confidentiality
Each party agrees to protect the other party's Confidential Information using at least the same degree of care it uses to protect its own confidential information, and in no event less than reasonable care.
Confidential Information does not include information that:
- Is or becomes publicly available through no fault of the receiving party.
- Was already known to the receiving party prior to disclosure.
- Is rightfully received from a third party without restriction.
- Is independently developed without reference to the disclosing party's Confidential Information.
Confidential Information may be disclosed if required by law, regulation, or court order, provided the receiving party gives the disclosing party prompt notice (where permitted) and cooperates in seeking confidential treatment.
Confidentiality obligations under this section survive for a period of three (3) years after termination of the Agreement.
14. Indemnification
a. By Customer
You agree to indemnify, defend, and hold harmless Cold Navigator and its officers, directors, employees, and agents from and against any third-party claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:
- Your use of the Service in violation of these Terms.
- Your violation of applicable laws or third-party rights.
- Your Customer Data or the processing thereof.
- Your use of or interaction with any Third-Party Platform in connection with the Service.
b. By Provider
Cold Navigator will defend you against third-party claims alleging that the Service, as provided by us and used in accordance with these Terms, infringes any third-party intellectual property right, and will indemnify you for any damages finally awarded or settlement amounts approved by us. This obligation does not apply to claims arising from:
- Modifications to the Service not made by us.
- Combination of the Service with non-Cold Navigator products or services.
- Use of the Service in violation of these Terms.
- Claims arising from Customer Data or Third-Party Platform usage.
15. Disclaimer of Warranties
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COLD NAVIGATOR DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
COLD NAVIGATOR DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. COLD NAVIGATOR DOES NOT WARRANT THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY DATA OR RESULTS OBTAINED THROUGH THE SERVICE, INCLUDING EMAIL FINDER RESULTS AND ENRICHMENT DATA.
16. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
- COLD NAVIGATOR SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WHETHER COLD NAVIGATOR WAS ADVISED OF THE POSSIBILITY THEREOF.
- COLD NAVIGATOR'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT EXCEED THE AMOUNTS ACTUALLY PAID BY YOU TO COLD NAVIGATOR IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
THESE LIMITATIONS APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND SHALL SURVIVE EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud, or any liability that cannot be excluded or limited under applicable law.
17. Suspension of Service
We may suspend your access to the Service without liability if:
- Your account is delinquent for more than 30 days.
- You breach any material term of this Agreement, including Sections 7 (License and Permitted Use) or 9 (Customer Data).
- Suspension is necessary to protect the security, integrity, or availability of the Service or other customers.
- Required by law, regulation, or court order.
Where practicable, we will provide notice before suspension and restore access promptly once the issue is resolved, provided the Agreement has not been terminated.
18. Termination
a. Termination for Convenience
You may terminate your subscription at any time through your account settings. Termination takes effect at the end of the current billing period.
b. Termination for Cause
Either party may terminate this Agreement if the other party:
- Materially breaches this Agreement and fails to cure the breach within 30 days of written notice.
- Ceases operations without a successor.
- Becomes subject to bankruptcy, insolvency, receivership, or similar proceedings not dismissed within 60 days.
c. Effect of Termination
- Upon termination, you must cease all use of the Service and delete any Documentation or Confidential Information in your possession.
- Customer Data will be available for export for 30 days following termination. After this period, we may delete Customer Data.
- Termination does not relieve you of payment obligations incurred prior to termination.
- Sections that by their nature should survive termination will survive, including Sections 9, 12, 13, 14, 15, 16, and 20.
19. Force Majeure
Neither party shall be liable for any failure or delay in performing its obligations (other than payment obligations) to the extent such failure or delay results from circumstances beyond that party's reasonable control, including but not limited to: natural disasters, acts of war or terrorism, epidemics or pandemics, government actions, labor disputes, power or internet outages, or failures of third-party services or platforms.
The affected party shall give prompt notice and use commercially reasonable efforts to mitigate the impact. If a force majeure event continues for more than 60 days, either party may terminate this Agreement upon written notice.
20. Governing Law and Dispute Resolution
a. Governing Law
These Terms are governed by and construed in accordance with the laws of the Republic of Turkiye, without regard to its conflict of law provisions.
b. Dispute Resolution
In the event of any dispute arising out of or in connection with these Terms, the parties shall first attempt to resolve the dispute through good-faith negotiation for a period of 30 days. If the dispute is not resolved through negotiation, it shall be submitted to the exclusive jurisdiction of the courts of Istanbul, Turkiye.
c. Injunctive Relief
Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights or Confidential Information.
21. Export Control
The Service may be subject to export control and sanctions laws of various jurisdictions. You represent and warrant that:
- You are not located in a country subject to a U.S., EU, UK, or UN government embargo.
- You are not listed on any government list of prohibited or restricted parties.
- You will not use the Service in violation of any applicable export control or sanctions laws.
22. Publicity
Unless you opt out in writing, Cold Navigator may use your company name and logo in marketing materials, customer lists, and on our website to identify you as a customer. Such use does not constitute an endorsement. We will comply with any brand usage guidelines you provide.
23. Assignment
Neither party may assign this Agreement without the other party's prior written consent, except in connection with a merger, acquisition, or sale of all or substantially all of the assigning party's assets. Any unauthorized assignment is null and void.
24. Entire Agreement and Severability
These Terms, together with the Privacy Policy, Cookie Policy, Data Processing Addendum, and any applicable order forms or subscription confirmations, constitute the entire agreement between you and Cold Navigator regarding the Service, and supersede all prior or contemporaneous agreements, proposals, and communications.
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.
25. Waiver
No failure or delay by either party in exercising any right under these Terms shall constitute a waiver of that right. Any waiver must be in writing and signed by the waiving party.
26. Independent Contractors
The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, employment, franchise, or agency relationship between the parties.
27. Notices
All notices under these Terms must be in writing and will be deemed given when: (a) delivered personally; (b) sent by email to the address on file (with confirmation of receipt); or (c) one business day after sending via internationally recognized overnight courier.
Notices to Cold Navigator should be sent to: support@coldnavigator.com
28. Contact Us
If you have questions about these Terms, contact us at: support@coldnavigator.com