These Terms of Service (the “Terms”) are a binding agreement between Warm'd LLC, a Florida limited liability company (“Warmd,” “we,” “us”), and the individual or entity that creates an account (“Customer,” “you”). By creating an account, clicking to accept, or using the Service, you agree to these Terms. If you are accepting on behalf of a company, you represent that you have authority to bind it.
Please read Section 6 (Your Compliance Obligations), Section 13 (Disclaimers), Section 14 (Limitation of Liability), and Section 15 (Indemnification) carefully. They allocate significant legal risk to you.
1. The Service
Warmd is a lead-conversion platform. It ingests leads you provide, contacts them by SMS, email, and chat, answers their questions using a knowledge base you configure, qualifies them against criteria you define, and books appointments on a calendar you connect. It includes a compliance engine that applies rules to outbound contact attempts, described in Section 5.
We provide the Service on a subscription basis. We may modify, improve, or discontinue features; we will not make a material adverse change to a paid feature during your current billing period without notice.
2. Accounts and eligibility
You must be at least 18 and able to form a binding contract. You are responsible for the accuracy of your account information, for maintaining the confidentiality of your credentials, and for all activity under your account, including activity by users you invite. Notify us promptly at admin@warmd.ai if you suspect unauthorized access.
Where you invite additional users and assign them roles, you remain responsible for their conduct and for the appropriateness of the permissions you grant them.
Text messages from Warmd. If you opt in to receive texts from Warmd, the Warmd SMS program terms apply: message frequency varies, message and data rates may apply, reply STOP to opt out or HELP for help. Opting in is optional and is not a condition of using the Service.
3. Fees, billing, and overage
Fees are stated in U.S. dollars. A plan is billed in advance, monthly or yearly as you choose. Usage past what a plan includes is billed monthly in arrears on either. Current plans:
| Plan | Monthly | Yearly | Seats included | Phone numbers included |
|---|---|---|---|---|
| Starter | $297 a month | $2,844 a year | 1 | 1 |
| Growth | $697 a month | $6,684 a year | 3 | 3 |
| Scale | $1,497 a month | $14,364 a year | 10 | 5 |
Each plan includes, per monthly usage period:
| Included | Starter | Growth | Scale |
|---|---|---|---|
| Leads | Unlimited | Unlimited | Unlimited |
| AI call minutes | 300 | 800 | 1,500 |
| Text segments, sent and received | 2,500 | 5,000 | 10,000 |
| Emails to leads | 2,500 | 10,000 | 25,000 |
| AI credits | 12,000 | 25,000 | 60,000 |
| Knowledge storage | 2 GB | 5 GB | 10 GB |
Each additional seat is $49 a month, on every plan. A seat is a member of your workspace past the seats your plan includes, billed from the day they join. Extra phone numbers are $5 a month each for a local number and $9 a month each for a toll-free number.
Usage beyond the included amounts is billed in arrears at these rates:
- $0.45 per AI call minute.
- $0.03 per text segment, sent or received, plus a carrier fee of $0.005 per segment, passed through from the carriers.
- $0.003 per email to a lead.
- $0.01 per AI credit.
- $10 per GB of knowledge storage a month.
Carrier registration fees for business texting (brand registration, campaign vetting and monthly campaign fees) are passed through at cost when they are incurred. AI credits measure the AI work done for you (replies, calls, lookups and the like) by what it costs to run: the more work a task takes, the more credits it uses. A single text message may be more than one segment: messages over 160 GSM-7 characters, or containing emoji or other non-GSM characters, are split into multiple segments by the carrier and billed accordingly.
Usage past the included amounts stops once a period reaches the overage limit you set in Settings, Billing ($500 unless you change it), until you raise the limit or a new period starts.
Free trial. A new workspace can start a 14-day free trial of the plan it chooses, once per workspace. A payment card is required to start it. During the trial, usage is limited to 30 AI call minutes, 250 text segments, 250 emails, 2,000 AI credits and 100 MB of knowledge storage, and none of it is billed. Leads are unlimited. Unless you cancel before the trial ends, your plan starts on day 15 and your card is charged the plan's price for the billing period you chose. You can cancel before then in Settings, Billing.
Renewal and cancellation. Plans renew automatically at the end of each billing period, monthly or yearly as you chose, at the price then in effect, until you cancel. You can cancel at any time in Settings, Billing; cancellation takes effect at the end of the current billing period and you keep access until then. Changes to your plan or billing period take effect when you make them and are prorated.
A custom (Enterprise) agreement is governed by its separate written order form, which controls over this Section in the event of conflict. The Starter, Growth and Scale plans are governed by this Section.
Payments are processed by Stripe; you authorize us to charge your payment method for all fees. If a charge fails, we retry it and let you know. If it is still unpaid 7 days after it first failed, the Service becomes read-only until payment is restored; Billing stays available so you can fix it. Fees are non-refundable except where required by law. All fees are exclusive of taxes, which you are responsible for.
We may change prices with at least 30 days’ notice, effective at your next billing period. Continued use after the effective date constitutes acceptance.
4. Your content and your leads
“Customer Data” means everything you upload or generate through the Service: lead records, consent attestations, knowledge-base content, conversation history, and configuration. As between you and us, you own Customer Data.
You grant us a worldwide, non-exclusive license to host, process, transmit, and display Customer Data solely to provide and support the Service, to comply with law, and to enforce these Terms. We do not sell Customer Data. We do not use the contents of your conversations or knowledge base to train foundation models, and our AI subprocessors are engaged under terms that prohibit training on your data.
You represent that you have all rights necessary to provide Customer Data to us, including the legal right to contact each lead you upload through the channels you enable.
5. What the compliance engine does and does not do
The Service applies automated controls to outbound contact, including: quiet-hours enforcement in the lead’s local time with conservative handling when the time zone is unknown; per-state rules including narrower windows and daily attempt caps for certain states; opt-out detection by keyword and by natural-language understanding, honored across all channels; suppression-list and Do-Not-Call screening against lists you import and, where you have subscribed to the federal registry data, against that data; consent-type gating that blocks channels for which the recorded consent is insufficient; and automatic injection of AI-identification disclosures into agent prompts.
These controls are engineering safeguards, not a legal determination, a compliance certification, or legal advice. They operate on the information available to them. The most important input (whether a given lead actually gave you permission to be contacted) is an assertion you make and that we cannot independently verify. A quiet-hours rule cannot know that a phone number’s area code no longer matches where its owner lives. A consent gate cannot know that the consent you attested to was never obtained.
We may update compliance rules as law changes. Because the rules become more restrictive more often than less, an update may reduce the volume or timing of contact the Service permits. That is intended behavior and is not a failure of the Service.
6. Your compliance obligations
You are the sender. Under the Telephone Consumer Protection Act (TCPA), CAN-SPAM, and their state analogues, legal responsibility for contacting a consumer rests with the party on whose behalf the contact is made. That is you. You agree that you will:
- Obtain and retain legally sufficient consent before contacting any lead, appropriate to the channel and purpose, including prior express written consent where required for marketing texts sent using an automated system.
- Accurately attest, in the Service, to the consent basis for every lead source you configure. Misattestation is a material breach.
- Complete A2P 10DLC brand and campaign registration truthfully, and not send messaging traffic that is inconsistent with your registered campaign use case.
- Honor opt-outs, and not re-upload, re-import, or otherwise circumvent the suppression of a lead who has opted out.
- Maintain your own Do-Not-Call policy and training as required by applicable law, and obtain your own federal Do-Not-Call registry subscription where your outreach requires scrubbing against it.
- Not use the Service for the outreach categories prohibited by the Acceptable Use Policy.
- Provide accurate identification of your business in outbound communications and not impersonate any other party.
You acknowledge that TCPA damages are statutory, per contact, and carry a private right of action, and that you, not Warmd, bear that exposure for contacts made through your account.
7. AI-generated communications
The Service generates messages using artificial intelligence. AI output can be wrong. It may misstate a fact from your knowledge base, misunderstand a lead, or produce a response you would not have written. You are responsible for reviewing your knowledge base and agent configuration, and for the content of communications sent from your account.
The Service identifies itself as AI when asked. You may not configure, instruct, or attempt to induce the agent to deny being an AI, to impersonate a specific real person, or to omit a legally required disclosure.
8. Third-party services
The Service integrates with third parties you choose to connect: messaging providers, calendars, CRMs, lead sources, and payment processing. Those services are governed by their own terms, and their availability is outside our control. Connecting an integration authorizes us to exchange data with it on your behalf. Our Subprocessors page lists the vendors we use to deliver the Service itself.
9. Acceptable use and suspension
Your use is subject to the Acceptable Use Policy, incorporated by reference. We may suspend or terminate your account immediately, with notice where practicable, if we reasonably believe you have violated it, if your traffic threatens carrier or platform standing, if we are required to by a carrier or regulator, or if your account presents a security or legal risk to us or to consumers.
Because carrier-level violations can jeopardize messaging delivery for every customer on the platform, we act on messaging-abuse signals quickly and without a cure period. This is a deliberate choice and you accept it as a condition of using shared messaging infrastructure.
10. Intellectual property
We own the Service, its software, and all related intellectual property. These Terms grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Service during your subscription. You may not copy, modify, reverse engineer, resell, or create derivative works of the Service, use it to build a competing product, or scrape or benchmark it without our written consent.
If you send us feedback, we may use it without restriction or obligation.
11. Confidentiality
Each party may receive non-public information of the other. The recipient will protect it with at least reasonable care, use it only to perform under these Terms, and not disclose it except to personnel and advisors bound by confidentiality obligations, or as legally compelled after notice where permitted.
12. Term, termination, and data after termination
These Terms run until your subscription ends. You may cancel at any time in Settings, Billing, effective at the end of the current billing period; we do not refund the unused part of a period you cancel (plan changes, by contrast, are prorated as Section 3 says). We may terminate for material breach not cured within 10 days of notice, or immediately under Section 9.
You may export Customer Data at any time while your account is active. After termination we retain Customer Data for 30 days, during which you may request an export, and then delete it.
Important exception: consent records, compliance audit events, and the associated ledgers are retained for 5 years regardless of termination. They are the evidence that a contact was authorized, and they are retained to meet recordkeeping obligations and to defend claims. These records are append-only and cannot be altered or deleted on request, including by us. That is their purpose: they protect you if a contact is ever challenged.
Sections 4 (as to ownership), 10, 11, 13, 14, 15, and 17 survive termination.
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, title, and non-infringement.
We do not warrant that use of the Service will make you compliant with the TCPA, CAN-SPAM, state telemarketing law, or any other law. We are not a law firm and provide no legal advice. We do not warrant that AI-generated content will be accurate, that messages will be delivered, that leads will respond or convert, or that the Service will be uninterrupted or error-free. Message delivery depends on carriers and providers we do not control.
Any statements about typical results, timing, or outcomes are illustrative. Results depend on your leads, your market, your offer, and your follow-through, and we do not guarantee any particular outcome.
14. Limitation of liability
To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, data, or goodwill, even if advised of the possibility.
Our total aggregate liability arising out of or relating to these Terms or the Service will not exceed the amounts you paid us in the twelve months immediately preceding the event giving rise to the claim.
These limits do not apply to your payment obligations, your indemnification obligations under Section 15, or to liability that cannot be limited under applicable law. Some jurisdictions do not allow certain exclusions, so parts of this Section may not apply to you.
15. Indemnification
You will defend, indemnify, and hold harmless Warmd, its affiliates, and their personnel from any third-party claim, demand, regulatory proceeding, fine, or loss (including reasonable attorneys’ fees) arising out of or relating to: (a) Customer Data, including any claim that you lacked consent to contact a lead; (b) your violation of the TCPA, CAN-SPAM, state telemarketing law, or carrier requirements; (c) your violation of the Acceptable Use Policy or these Terms; or (d) content or instructions you supplied to the AI agent.
We will defend, indemnify, and hold you harmless from any third-party claim that the Service, used as permitted, infringes a U.S. patent, copyright, or trademark, provided you notify us promptly, allow us to control the defense, and reasonably cooperate.
16. Changes to these Terms
We may update these Terms. For material changes we will give at least 30 days’ notice by email to your account address or by in-product notice before they take effect. Continued use after the effective date constitutes acceptance. Every version carries a version number and effective date at the top of this page.
17. Governing law and disputes
These Terms are governed by the laws of the State of Florida, without regard to conflict-of-laws rules. The parties will attempt in good faith to resolve any dispute informally by contacting admin@warmd.ai first, and will allow 30 days to resolve it.
Any unresolved dispute will be brought exclusively in the state or federal courts located in Pinellas County, Florida, and each party consents to personal jurisdiction there. Each party waives any right to a jury trial and agrees that claims will be brought only in an individual capacity and not as a plaintiff or class member in any class or representative proceeding.
18. General
These Terms, together with the documents they incorporate, are the entire agreement between the parties on this subject. If a provision is unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. There are no third-party beneficiaries. Neither party is liable for delays caused by events beyond its reasonable control.
Notices to us: admin@warmd.ai, or Warm'd LLC, 7901 4th St N, Ste 300, St. Petersburg, FL 33702. Notices to you: the email address on your account.