Business Terms

1. The agreement

• These Business Terms are an agreement between Coldcredit LLC, a Georgia limited liability company with its principal office at 160 Ammons Road, Waleska, Georgia 30183 ("ColdCredit", "we"), and the organization that creates a ColdCredit account ("you"). The Data Processing Addendum is part of them.
• The person who accepts these terms and the Data Processing Addendum during onboarding confirms they are authorized to bind the organization. We record the version of each document accepted, a SHA-256 fingerprint of each text, who accepted, their email address and the time, and you agree that this electronic acceptance is as binding as a signature. We email the person who accepted a confirmation with links to the versions accepted.
• ColdCredit is for businesses and other organizations in the United States. It is not offered to consumers for personal, family or household use, and you confirm you are subscribing for business purposes.
• If we sign a separate written agreement or order form with you, it wins where it differs from these terms. On data protection, the Data Processing Addendum wins over the rest of these terms.

2. The service

• ColdCredit lets you create branded guides ("links") that walk people you send them to ("guide visitors") through freezing or unfreezing their credit on Equifax, TransUnion and Experian's own websites, and shows you how your links are used. If your plan includes the API and webhooks, you can also create a link for one person and receive that person's progress at your own endpoint.
• ColdCredit is not affiliated with any credit bureau, has no connection to them, and does not place, lift or verify freezes. Completions in your analytics and in API and webhook events are what guide visitors report in the guide, not confirmations from a bureau.
• We may change the service, for example when a bureau changes its site. We will not make a change that materially reduces the core service during a period you have paid for without telling you first.

3. Your account and team

• You choose who joins your account and their role: owner, admin or viewer. Owners and admins can invite people; invitations expire after 7 days.
• You are responsible for what your team does in the account. The activity log shows each change and who made it.
• Keep sign-in details, API keys and webhook signing secrets private, turn on two-factor sign-in for anyone who manages links, billing or API keys, and tell us promptly at security@coldcredit.co if you suspect unauthorized access.

4. Trials, subscriptions and automatic renewal

• Trial. A new organization may get a free trial, one per organization. The length of the trial, and whether starting it asks for a payment method, are shown on the plan step and at checkout before you start. Stripe is our payment processor.
• Trial that asks for a payment method. You add a payment method with Stripe when you start. Nothing is charged during the trial. When it ends, your subscription starts automatically at the plan price shown, plus any applicable tax, and renews until an owner cancels. Cancel before the trial ends and you pay nothing.
• Trial that does not ask for a payment method. Starting the trial does not ask for payment details. To keep using ColdCredit after the trial, add a payment method and choose a plan. If you do not, the trial ends and nothing is charged.
• Automatic renewal. A subscription is for the billing period you chose (monthly or yearly), shown on the plan step and at checkout. It renews automatically at the end of each period at the plan price, plus any applicable tax, and the payment method on file is charged for each new period, until an owner cancels.
• Reminders. We email your billing contacts before a trial ends, and between 15 and 30 days before a yearly subscription renews. Where the law requires a renewal notice by mail, we also mail it to the billing address on your account.
• How to cancel. An owner can cancel online at any time: in the console, open Billing, choose Manage billing, and cancel the plan. You can also email support@coldcredit.co. Cancel before the trial ends and you pay nothing. After that, canceling stops the next renewal and the plan runs to the end of the period already paid.
• Price changes. We will give at least 30 days' notice by email before a price change applies to you. It takes effect at your next renewal, and you can cancel before then.
• Invoice billing. If we agree to bill you by invoice, invoices are due 30 days after issue unless the invoice says otherwise.
• Fees and taxes. Prices are in US dollars. Prices exclude any applicable sales tax. You pay any sales, use or similar taxes that apply, other than taxes on our income. If you are tax exempt, send us your certificate.
• Refunds. Fees for a period that has started are not refunded, except where these terms say so or the law requires it.
• Failed payments. If a payment fails, everything keeps working for a grace period and we tell your billing contacts. If it is not fixed by the date we give, the console becomes read-only and your links show a basic guide without your branding until you pay or cancel.

5. What you send people, and acceptable use

Messages you send

• You are the sender of every message that carries a ColdCredit link or QR code: emails, text messages, letters, posters and anything else. ColdCredit does not send messages to guide visitors. "Copy as text message" only copies text for you to send yourself.
• You are responsible for having the consent and the lawful basis each message needs, and for following the laws and rules that apply to it, including the Telephone Consumer Protection Act, state telemarketing and texting laws, the Do Not Call rules, CAN-SPAM, carrier and messaging-platform rules, and the rules of your own regulators. Honor every request to stop.
• You represent and warrant that before you send any message that contains a ColdCredit link or QR code you have every consent the law requires for that message and recipient, including prior express written consent where the message is telemarketing or is sent with an automated system; that you will not send telephone solicitations to numbers on the National Do Not Call Registry or your own do-not-call list unless an exemption applies; and that you will honor every opt-out within the time the law requires. ColdCredit does not choose the recipients, timing, frequency or sending method of your messages, does not send them, and is not the sender, seller, telemarketer or telephone solicitor for any of them.

Credit freezes, not credit repair

• Do not describe a guide, or ColdCredit, as improving a credit score, credit history or credit rating, as removing anything from a credit report, as protecting, preserving or keeping clean a credit score or credit report, or as credit repair. A freeze does none of these.
• Do not charge guide visitors anything for a guide or for a freeze. Freezes are free at the bureaus.
• Do not say or suggest that ColdCredit or a credit bureau endorses you, and do not add the bureaus' logos to your guides. Do not promise that a freeze prevents all fraud.

No sensitive data

• Do not use a guide, its wording, a return link, a link name, or an API external reference or metadata value to ask people for, or to send ColdCredit, Social Security numbers, dates of birth, account, member, loan or application numbers, bureau logins, or other nonpublic personal information.
• Through the API, send only an opaque or hashed external reference for a person, and no account, member, loan or application number, name, contact detail or Social Security number in the reference or in metadata.
• If you send us any by mistake, tell us so we can delete it. The Data Processing Addendum covers how we treat it until then.

Lawful use

• Use ColdCredit only for lawful purposes, and only send guides to people you have a legitimate reason to contact. You are responsible for your own obligations to them, including breach notices, adverse action notices and the fair lending, fair housing, employment and consumer protection laws that apply to you.
• Do not use guide activity, or whether someone used a guide, as a factor in deciding whether a person is eligible for credit, insurance, employment, housing or any other benefit. It is self-reported and incomplete, ColdCredit is not a consumer reporting agency, and nothing we provide is a consumer report.
• The same applies to everything the API and webhooks tell you about a person: do not use a session's status, a completion, or any other guide or API event about a person as a factor in an eligibility decision about that person.
• Do not misuse the service: no attempts to break, overload or get around its security, no false activity, no reselling or white-labeling it to others without our written agreement, and no use that infringes anyone's rights.

6. Data

• Your data. You own your content (your name, logo, wording and links) and the data your guides and API sessions record ("Customer Data"). You give us permission to host, display and process it to provide the service to you, and to show your name and branding on your guides.
• Guide visitor data. For personal information about guide visitors, including what you send and receive through the API and webhooks, you are the business or controller and ColdCredit is your service provider or processor. The Data Processing Addendum sets out how we handle it, including our subprocessors, security, incident notice and deletion.
• Staff data. We handle your team's account details (name, email, login) as described in our privacy policy.
• Aggregate data. We may use data that cannot reasonably identify you, any person or any device, combined across customers, to run and improve ColdCredit. We keep it in that form, we do not try to re-identify it, and we will not name you as a customer without your written permission.
• No sale. We do not sell Customer Data or use it for advertising.

7. Confidentiality

Each of us will keep the other's non-public business information confidential, use it only for this agreement, and protect it with at least reasonable care. This does not cover information that is public through no fault of the receiver, was already known to it, is independently developed, or is received lawfully from someone else. Either of us may disclose information when the law requires it, after notice to the other where the law allows.

8. Intellectual property

ColdCredit and everything we provide, including the guide text, software and design, belong to Coldcredit LLC. These terms give you the right to use the service while your subscription is active, and no other rights. If you send us feedback, we may use it freely.

9. Warranties and disclaimers

• Each of us confirms it has the authority to enter into these terms.
• You confirm you have the rights to the content you put on your guides, and that your use of ColdCredit and your messages comply with the law.
• We will provide the service with reasonable care and skill and substantially as described on our website. If it does not, tell us and we will work to fix it; if we cannot within 30 days, you may cancel and get back fees prepaid for the remaining period.
• EXCEPT AS STATED IN THE PRECEDING BULLET, COLDCREDIT IS PROVIDED "AS IS" AND "AS AVAILABLE." COLDCREDIT DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
• We do not promise that the service will be uninterrupted or error free, that the bureaus' sites will work or stay the same, that a freeze or unfreeze will be placed or lifted, that a freeze will prevent fraud or identity theft, or that completions reported in a guide are accurate.
• We aim for the guides and the console to meet the Web Content Accessibility Guidelines (WCAG) 2.1 at level AA, as our accessibility statement describes. We do not warrant conformance with WCAG or any other accessibility standard unless an order form says so.
• ColdCredit does not give legal, compliance, credit or financial advice. You decide how to use it under the laws that apply to you.

10. Indemnities

• By you. You will defend us and pay the amounts a court or settlement awards against us in third-party claims arising from: your messages to guide visitors, including texts and calls; your content and branding; personal information you send to ColdCredit against section 5; your use of guide data or of API and webhook data; your dealings with guide visitors; or your breach of section 5.
• By us. We will defend you and pay the amounts a court or settlement awards against you in third-party claims that the ColdCredit service, as we provide it, infringes a US patent, copyright or trademark or misappropriates a trade secret. This does not cover claims caused by your content, by changes not made by us, or by combining ColdCredit with something we did not provide. If such a claim is made, we may change the service, get you the right to keep using it, or end your subscription and refund prepaid fees for the remaining period.
• The party asking for defense must tell the other promptly, let it control the defense and settlement (no settlement may admit fault for, or bind, the defended party without its consent), and reasonably cooperate at the defending party's cost.

11. LIMITATION OF LIABILITY

(a) EXCEPT AS STATED IN (c), NEITHER PARTY IS LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE OR GOODWILL, ARISING OUT OF OR RELATING TO THESE TERMS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY, EVEN IF TOLD THEY WERE POSSIBLE.

(b) EXCEPT AS STATED IN (c), EACH PARTY'S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS IS LIMITED TO THE FEES YOU PAID OR OWED COLDCREDIT IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR 100 US DOLLARS IF THAT IS MORE.

(c) (a) AND (b) DO NOT LIMIT: YOUR OBLIGATION TO PAY FEES; EITHER PARTY'S OBLIGATIONS UNDER SECTION 10; BREACH OF SECTION 7; OR LIABILITY FOR FRAUD, GROSS NEGLIGENCE, OR WILFUL OR WANTON MISCONDUCT, OR ANY OTHER LIABILITY THE LAW DOES NOT ALLOW TO BE LIMITED.

(d) THE PARTIES AGREE THESE LIMITS ARE A REASONABLE ALLOCATION OF RISK REFLECTED IN THE PRICE.

12. Term, suspension and ending the agreement

• These terms apply from acceptance until your organization's account is deleted.
• We may suspend an account that breaks section 5, does not pay, or puts guide visitors or the service at risk. We will tell you why and, where we reasonably can, give you a chance to fix it first.
• Either of us may end the agreement if the other materially breaches it and does not fix the breach within 30 days of notice. An owner can also delete the organization in the console at any time.
• When an organization is deleted it can be restored for 30 days. After that we erase its Customer Data as the Data Processing Addendum describes. Ask us within those 30 days if you want a copy first.
• Sections 4 (amounts owed), 6, 7, 9, 10, 11, 13 and 14 survive the end of the agreement.

13. Governing law and disputes

• These terms are governed by the laws of the State of Georgia and the Federal Arbitration Act, without regard to conflict of laws rules.
• Talk first. Before starting a claim, the party with the dispute will send the other a written notice describing it, and both will try in good faith to resolve it for 30 days. A written notice under this section is an email to the other party's notice addresses in section 15, also sent by courier or certified mail as section 15 requires for a dispute.
• Arbitration. A dispute that is not resolved will be decided by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, before one arbitrator, seated in Georgia. Hearings may be held by video. Judgment on the award may be entered in any court with jurisdiction.
• Scope. Arbitration covers every dispute between you and ColdCredit arising out of or relating to these terms or the service, except the claims listed under Exceptions below.
• Individual claims only. Claims may be brought only on an individual basis, not as a plaintiff or class member in a class, consolidated or representative action. If this sentence is found unenforceable for a claim, that claim will be decided in court, not in arbitration.
• Exceptions. Either party may bring an individual claim in small claims court, and may ask a court for an injunction to protect its intellectual property or confidential information. For those, the state and federal courts located in Georgia have exclusive jurisdiction.
• Guide visitors are not parties to these terms and are not bound by this section.

14. Changes to these terms

Each version of these terms has a version date. We will email account owners at least 30 days before a material change takes effect. A changed version applies from your next renewal after that notice, or earlier if an owner accepts it. If you do not agree, you may cancel before it applies. A change required by law may take effect sooner.

A change does not apply to a dispute that either party gave notice of under section 13 before the change took effect; the version in effect when that notice was given governs it. Every version of these terms stays available at coldcredit.co/business-terms/versions.

15. General

• Notices. Notices to you go by email to your account owners' email addresses. Notices to us go to Coldcredit LLC, Attn: Legal, 160 Ammons Road, Waleska, Georgia 30183, with a copy by email to privacy@coldcredit.co. A notice of breach of these terms, or of a dispute under section 13, must be sent by email and also by courier or certified mail: to us at that address, and to you at the billing address on your account. Other notices may be sent by email alone. Day-to-day questions go to support@coldcredit.co.
• Neither of us may assign these terms without the other's consent, except to a successor in a merger or sale of the business that takes over the obligations.
• Neither of us is liable for delays caused by events beyond its reasonable control, other than payment obligations.
• We are independent contractors. There are no third-party beneficiaries. If a provision is unenforceable, the rest stays in effect. Not enforcing a provision is not a waiver.
• You will comply with US export control and sanctions laws in your use of ColdCredit.
• You represent that neither you nor any person that owns or controls you is identified on, or is 50 percent or more owned by persons identified on, a U.S. government restricted-party list, including OFAC's Specially Designated Nationals and Blocked Persons List, and that you are not located, organized or ordinarily resident in a country or region subject to comprehensive U.S. sanctions.
• These terms, the Data Processing Addendum and any signed order form are the whole agreement about ColdCredit and replace earlier discussions.