terms of service.

these terms govern your use of Segmento's services. Segmento ("we," "us") provides cold email infrastructure setup and management to B2B businesses ("you," "client"). by paying an invoice or engaging our services, you agree to these terms. if you don't agree, don't engage us.

short, plain English, no surprises. if anything here conflicts with a signed statement of work (SOW), the SOW wins.

1. what we do

we set up cold email infrastructure on your behalf. specifically:

• register lookalike domains in your name
• configure DNS records (SPF, DKIM, DMARC, MX)
• provision email inboxes via a third-party provider (currently Maildoso, Mailforge, or Google Workspace)
• connect a sequencer (Smartlead or Instantly)
• warm up the inboxes for 14 days
• hand the completed stack to you with a walkthrough

the specific scope for your engagement is defined in the SOW you receive at payment.

2. what we don't do

unless explicitly added as a paid add-on:

• we don't write cold email copy
• we don't build lead lists
• we don't send emails on your behalf
• we don't guarantee meetings, replies, or pipeline
• we don't guarantee that third-party providers (Porkbun, Smartlead, etc.) will remain operational, pricing-consistent, or policy-compatible

we guarantee deliverability infrastructure, not outcomes of your campaigns.

3. payment

• setup fee: due upfront, via Stripe invoice, before work begins.
• management fee (if applicable): recurring monthly, auto-charged, via Stripe subscription.
• third-party costs (domain registration, inbox hosting, sequencer seats) are billed at cost to you and are separate from our service fees.
• all fees are in USD.
• refunds: see section 9.

4. your responsibilities

you are responsible for:

• providing accurate information during intake
• approving the proposed domain list within 48 hours of receipt (delays past 48 hours extend the 14-day timeline)
• complying with all applicable laws in your sending jurisdiction — including CAN-SPAM (US), CASL (Canada), GDPR (EU/UK), and any state-level laws
• the content of every email you send
• monitoring your own reply inbox and responding to recipients

you are not legally compliant by default just because we configured DMARC correctly. compliance is yours.

5. acceptable use

you agree not to use our services to send:

• emails to consumers (B2C) without explicit opt-in
• phishing, deceptive, or fraudulent messages
• messages containing malware, scams, or illegal content
• messages impersonating another person or brand you don't control
• messages in regulated industries (healthcare, financial services, legal, cannabis, crypto, adult) unless you confirm in writing that you have verified counsel-approved compliance

we reserve the right to terminate services without refund if you violate this section. the first termination of this kind is also the last — we don't re-engage clients who use our infrastructure for prohibited purposes.

6. ownership

you own:

• the domains (registered in your legal entity name on Porkbun)
• the inbox accounts (hosted on the provider, but billed and controlled by you)
• any data, lists, or campaigns you bring or create
• the Porkbun, sequencer, and inbox provider logins at handoff

we own:

• our internal SOPs, templates, and documentation
• the Segmento name, branding, and written materials
• any aggregate, anonymized performance data we use to improve our service

you can fire us at any time and keep everything listed under "you own."

7. deliverability guarantee

we guarantee 95%+ inbox placement at handoff (day 14), measured by a seed test across Gmail, Outlook, Yahoo, and iCloud.

if we miss that threshold:

• we diagnose the cause at our expense
• if the cause is infrastructure (DNS, inbox config, warmup), we fix it before we consider the engagement complete
• if the cause is content (your copy, your list quality, your offer), we document it and advise, but you're responsible for resolving

on the management plan, we maintain 85%+ placement on an ongoing basis and replace up to 5 inboxes per month if placement drops below that threshold.

8. term and termination

setup-only clients: engagement ends at handoff. no ongoing obligation either direction.

management clients:

• month-to-month. no long-term contract.
• you can cancel anytime with 14 days' notice via email to team@segmento.co
• we can cancel anytime with 14 days' notice
• on cancellation, we hand over all logins, provide 14 days of transition support, and stop recurring billing
• domains, inboxes, and sequencer accounts remain yours

9. refunds

• setup fee: refundable in full within 48 hours of payment, before we've purchased domains. after domain purchase, non-refundable (the domains are yours regardless).
• monthly management: non-refundable for the current billing period. cancellation stops the next charge.
• third-party costs (domains, inboxes, sequencer): non-refundable — they're bought in your name and you keep them.

10. confidentiality

we treat your business information (ICP, offer, campaigns, performance data) as confidential. we don't share it, sell it, or use it as a case study without written permission. we may reference aggregate, anonymized patterns (e.g., "median placement rate across clients: 94%") without identifying you.

you agree not to publicly disclose our internal SOPs, pricing negotiations, or communications without permission.

11. limitation of liability

to the maximum extent permitted by law, our total liability for any claim related to our services is capped at the fees you paid us in the 3 months before the claim arose.

we are not liable for:

• lost revenue, lost pipeline, or lost meetings
• consequential, incidental, or punitive damages
• third-party provider outages, policy changes, or price changes
• account suspensions by Google, Microsoft, or any sending platform
• changes in email deliverability caused by external events (algorithm changes, blacklist updates, ISP policy shifts)

this clause is core to the deal. our pricing reflects this risk allocation.

12. indemnification

you agree to indemnify and hold us harmless from any claim arising from:

• emails you send using our infrastructure
• your violation of applicable law
• your violation of section 5 (acceptable use)
• any third-party claim that your outreach caused harm

13. governing law

these terms are governed by the laws of the State of [STATE — placeholder, confirm with counsel]. disputes are resolved in the state or federal courts located in [COUNTY, STATE].

14. changes

we may update these terms. if we do, we'll email current clients and post the new version here with an updated "last updated" date. continued use after 30 days means acceptance.

15. contact

• questions: team@segmento.co
• legal notices: team@segmento.co