DRAFT — pending attorney review. Last updated 2026-07-09.

Terms of Service

These Terms of Service ("Terms") govern access to and use of agent-cold-email (the "Service"), operated by EpiphanyMade ("EpiphanyMade," "we," "us"). By creating an account, joining the waitlist, or otherwise using the Service, you agree to these Terms.

1. Current status — early access

The Service is currently in test-mode, early-access build. There is no live production deployment for real sending as of the date above. Any account created today may operate against a sandboxed environment only, with no real domains, mailboxes, or email sent, until EpiphanyMade explicitly activates real sending for your account.

2. You are the sender

For any real (non-sandbox) use of the Service: you, the customer, are the "sender" and "initiator" of email sent through infrastructure provisioned on your behalf, for purposes of the CAN-SPAM Act and comparable laws. EpiphanyMade provisions and operates the underlying infrastructure (domains, mailboxes, sending) as a service provider acting on your instructions; you remain responsible for the content, targeting, and legality of your outreach, including maintaining accurate sender identification and a truthful subject line, and for having a lawful basis to contact each recipient on your lead lists.

3. Representations and warranties

You represent and warrant that:

4. No deliverability warranty; disclaimer

EpiphanyMade makes no warranty or guarantee of email deliverability, inbox placement, open rates, reply rates, or any similar outcome. Deliverability is determined by third parties (including Google, Microsoft, and other mailbox providers) applying their own, non-public criteria, and can be affected by factors outside EpiphanyMade's control, including your own content and sending practices. The Service provides infrastructure and guardrails intended to support legitimate sending practices; it does not and cannot guarantee outcomes.

Except as expressly stated in these Terms, the Service is provided "AS IS" and "AS AVAILABLE," without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. EpiphanyMade does not warrant that the Service will be uninterrupted, error-free, or secure.

5. Vendor and platform AUP pass-through

Mailboxes provisioned through the Service are subject to the underlying mailbox provider's (e.g., Google Workspace, Microsoft 365, or our mailbox/warmup vendor's) own Acceptable Use Policy and terms, as if you were a direct customer of that provider. A violation of the underlying provider's terms is a violation of these Terms and may result in suspension or termination of the affected infrastructure without the ability to reclaim it, at the provider's discretion as much as ours.

6. Monitoring — explicit consent

By using the Service, you expressly consent to EpiphanyMade's automated monitoring of both (a) account metadata — send volume, bounce rate, spam-complaint rate, and related deliverability signals — and (b) where necessary for guardrail enforcement (e.g., the subject-line honesty check, the third-party-brand lookalike reject, or investigating a specific abuse report), automated scanning of outbound message content. This monitoring is automated and operational; EpiphanyMade does not manually read your message content except to investigate a specific abuse report, suspected AUP violation, or legal obligation. This consent is what makes the complaint-scanning and auto-pause loop described in the Acceptable Use Policy and Privacy Policy lawful to operate on your account, and is a condition of using the Service. EpiphanyMade may automatically throttle, pause, or suspend sending on your account if monitored signals cross thresholds designed to protect the shared vendor infrastructure and other customers' isolated resources.

7. Prohibited use

See the full Acceptable Use Policy. In summary: no illegal content, no impersonation of a brand you don't own or control, no purchased/scraped lead lists you don't have a lawful basis to contact, no attempts to circumvent suppression/unsubscribe handling, and no use of the lookalike-domain feature for any brand other than your own.

8. Billing and auto-renewal

Paid subscriptions are billed on a recurring basis (monthly, unless otherwise stated) to the card on file and will automatically renew until canceled. Where required by applicable state automatic-renewal law, you will receive clear disclosure of the recurring charge at signup and an easy cancellation method. Domains purchased on your behalf carry their own annual renewal economics and may be billed or reclaimed separately from your subscription status — see the Custom/annual-domain handling described in the product.

9. Indemnification

You agree to indemnify and hold EpiphanyMade harmless from claims arising out of your use of the Service in violation of these Terms, the AUP, applicable law, or a third party's rights — including claims arising from the content or targeting of outreach you configure.

10. Limitation of liability

To the maximum extent permitted by law, EpiphanyMade's aggregate liability arising from the Service will not exceed the amount you paid EpiphanyMade in the 3 months preceding the claim, and EpiphanyMade will not be liable for indirect, incidental, or consequential damages, including lost business or lost deliverability outcomes.

11. Termination

You may cancel at any time. EpiphanyMade may suspend or terminate your account for a violation of these Terms or the AUP, including abusive sending behavior, and will honor suppression-list obligations for previously-contacted recipients even after termination.

12. Governing law

These Terms are governed by the laws applicable to EpiphanyMade's principal place of business, without regard to conflict-of-laws principles. Final governing-law and venue clauses are pending attorney review.

13. Contact and notices

legal@epiphanymade.com. EpiphanyMade is the operating entity for this Service. Written notices to EpiphanyMade under these Terms, and the CAN-SPAM sender-identification address for EpiphanyMade's own marketing and early-access emails, should be directed to:

[EpiphanyMade mailing address — inserted at activation]