Terms of Use

1. Agreement

These Terms of Use ("Terms") are a legal agreement between you and ColdSpin LLC, a Kansas limited liability company ("ColdSpin", "we", "us"), governing your use of the ColdSpin mobile application and the website at coldspinapp.com (together, the "Service").

By downloading, accessing, or using the Service, you agree to these Terms. If you do not agree, do not use the Service. Our Privacy Policy is incorporated into these Terms by reference.

2. What ColdSpin is

ColdSpin helps you find businesses to contact by telephone. You select a market and, optionally, a business type; ColdSpin returns one business at a time, drawn from a third-party dataset of publicly listed commercial establishments, together with a publicly listed business telephone number. Tapping CALL passes that number to your device's telephone application.

ColdSpin is a lookup tool. It is not a customer relationship manager, a dialer, a calling service, or a lead-verification service. ColdSpin does not place, route, record, or monitor calls, and does not act as your agent in any communication you make.

3. Eligibility

You must be at least 18 years old and able to form a binding contract to use the Service. The Service is intended for business and professional use. If you use it on behalf of an organization, you represent that you have authority to bind that organization to these Terms, and "you" includes that organization.

4. Your account

ColdSpin creates an anonymous identifier on your device so it can apply usage limits and avoid repeating businesses. You are responsible for activity that occurs through your device. You may not create multiple identifiers, reinstall the app, or use any other method for the purpose of evading usage limits.

5. Acceptable use

You agree not to:

• use automated means — scripts, bots, scrapers, emulators — to access the Service or to extract business records from it;
• attempt to accumulate, export, resell, redistribute, sublicense, or build a competing database from the business information the Service returns;
• circumvent, disable, or interfere with usage limits, rate limits, authentication, or any other security or access control;
• reverse engineer, decompile, or disassemble the app except to the extent that restriction is unenforceable under applicable law;
• use the Service to send unlawful, harassing, deceptive, fraudulent, or abusive communications;
• use the Service to violate any applicable law or the rights of any person or business; or
• interfere with the operation, integrity, or performance of the Service or the systems of any third party.

The business information delivered through the Service is licensed to you for your own prospecting and outreach only. It is not licensed for redistribution or resale.

6. Your calling obligations

Telephone outreach in the United States is regulated. Depending on who you call, why, and how, obligations may arise under the Telephone Consumer Protection Act (TCPA), the Telemarketing Sales Rule, the federal and state Do-Not-Call regimes, state telemarketing registration and calling-hour restrictions, and state call-recording consent laws. Rules differ by state and change over time.

You acknowledge and agree that:

• ColdSpin does not screen telephone numbers against the National Do-Not-Call Registry, any state registry, or any internal suppression list. It does not determine whether a number is wireless or landline, and does not determine whether a number belongs to a business or an individual.
• ColdSpin does not provide legal advice, and nothing in the Service or on this website is legal advice.
• You are responsible for obtaining any consent, honouring any opt-out, maintaining any suppression list, observing permitted calling hours, and making any disclosure that applicable law requires of you.
• You are responsible for compliance if you use an autodialer, prerecorded or artificial voice, or record calls.

If you are not certain of your obligations, consult a qualified attorney before using the Service for outreach.

7. Business information

Business listings are derived from Foursquare's Open Source Places dataset, used under the Apache License 2.0, and from other sources we may add. We filter for records that appear to be operating commercial businesses with a telephone number, and we exclude records flagged as closed.

We do not warrant that any listing is accurate, current, complete, or that any telephone number is in service or belongs to the business named. Businesses close, relocate, change numbers, and are mis-recorded upstream. The information is provided as we receive it, and we do not independently verify it. You are responsible for confirming who you have reached before acting on any call.

If you find an inaccurate listing, tell us at [email protected].

8. No guarantee of results

ColdSpin makes no representation or warranty about the quality, value, or suitability of any business it returns, or about any commercial outcome. We do not promise that you will reach anyone, generate leads, book appointments, close sales, or earn revenue. Any figures or examples shown on this website are illustrative and are not a projection of your results.

9. Free and paid plans

ColdSpin includes a free tier with a limited number of spins per day and per calendar month. We may change those limits.

ColdSpin does not currently offer any paid plan, and no in-app purchase is available. A paid subscription with unlimited spins is planned. If and when it launches, it will be sold through Apple's App Store, billing and renewal will be handled by Apple under your Apple Account, cancellation and refunds will be governed by Apple's policies and applicable law, and we will publish subscription terms before any charge is possible.

10. Intellectual property

The ColdSpin app and website, including their design, interface, text, graphics, the ColdSpin name and logo, and all associated software, are owned by ColdSpin LLC and protected by intellectual property laws. We grant you a limited, personal, non-exclusive, non-transferable, revocable licence to use the Service in accordance with these Terms. No other right is granted.

The underlying business dataset is provided by third parties under their own licences, which are acknowledged in the Service and in the footer of this website. Those licences do not transfer to you any right to redistribute the data through the Service.

If you send us feedback or suggestions, you grant us an unrestricted, royalty-free right to use them without obligation to you.

11. Availability and changes to the Service

We provide the Service on an ongoing but not guaranteed basis. We may modify, suspend, limit, or discontinue any part of it — including features, usage limits, and data coverage — at any time. We may perform maintenance that makes the Service temporarily unavailable. We are not liable to you for any modification, suspension, or discontinuation.

12. Termination

You may stop using the Service at any time by deleting the app. We may suspend or terminate your access immediately, without notice, if we reasonably believe you have breached these Terms — in particular the acceptable use and calling obligations above — or if we are required to by law. Sections 6, 7, 8, 10, and 13 through 18 survive termination.

13. Disclaimer of warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, COLDSPIN LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR THAT ANY INFORMATION IT PROVIDES WILL BE ACCURATE OR CURRENT.

Some jurisdictions do not allow the exclusion of certain warranties, so parts of this section may not apply to you.

14. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, COLDSPIN LLC AND ITS MEMBERS, OFFICERS, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, BUSINESS, OR GOODWILL, ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICE, WHETHER BASED IN CONTRACT, TORT, STATUTE, OR OTHERWISE, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THIS EXPRESSLY INCLUDES ANY CLAIM, PENALTY, FINE, OR LIABILITY ARISING FROM CALLS YOU MAKE, INCLUDING UNDER THE TELEPHONE CONSUMER PROTECTION ACT OR ANY SIMILAR FEDERAL OR STATE LAW.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) FIFTY UNITED STATES DOLLARS ($50).

Some jurisdictions do not allow certain limitations of liability, so parts of this section may not apply to you. Nothing in these Terms limits liability that cannot be limited by law.

15. Indemnification

You will indemnify and hold harmless ColdSpin LLC and its members, officers, and agents from any claim, demand, loss, liability, penalty, or expense (including reasonable legal fees) arising out of or relating to your use of the Service, your calls or other outreach, your breach of these Terms, or your violation of any law or third-party right.

16. Governing law and venue

These Terms are governed by the laws of the State of Kansas, United States, without regard to its conflict-of-laws rules. You and ColdSpin LLC agree that any dispute arising out of or relating to these Terms or the Service will be brought exclusively in the state or federal courts located in the State of Kansas, and you consent to the personal jurisdiction of those courts. If you are a consumer, this does not deprive you of the protection of mandatory laws of your place of residence.

17. Changes to these Terms

We may update these Terms. When we do, we will change the "last updated" date above, and for material changes we will provide reasonable notice — for example in the app or by updating this page before the change takes effect. Continuing to use the Service after a change means you accept the updated Terms. If you do not accept them, stop using the Service.

18. General

These Terms, together with the Privacy Policy, are the entire agreement between you and ColdSpin LLC regarding the Service. If any provision is found unenforceable, it will be limited or removed to the minimum extent necessary and the rest will remain in effect. Our failure to enforce a provision is not a waiver of it. You may not assign these Terms; we may assign them in connection with a merger, acquisition, or sale of assets.

Apple Inc. is not a party to these Terms and has no responsibility for the Service. If you obtained the app through the App Store, Apple's applicable end-user licence terms also apply, and Apple is a third-party beneficiary of these Terms with the right to enforce them against you.

Contact

Questions about these Terms: [email protected].

ColdSpin LLC, Kansas, United States.