Terms of Service

Last updated: October 7, 2026

These Terms of Service (the "Terms") govern your access to and use of the Smailor website, applications, and related services (the "Service") operated by Smailor ("we", "us", or "our").

By creating an account, accessing, or using the Service, you agree to these Terms. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization, and "you" refers to that organization. If you do not agree, do not use the Service.

Signup and fraud prevention. By registering, you acknowledge that we enforce signup controls described in our Privacy Policy, including registration IP limits where we apply them, email-normalisation signals for duplicate detection, and (when deployed) third-party bot checks (Cloudflare Turnstile) that cannot be satisfied by spoofing arbitrary JSON in the browser. Detailed categories and your rights appear in the Privacy Policy (Sections 2 and 5).

Documents incorporated by reference. The Acceptable Use Policy, Privacy Policy, Cookie Policy, Security Policy, Copyright Policy, Sub-processor list, and — where they apply to you — the DPA, Seller Agreement, Affiliate Terms, and Telecom and SMS Terms form part of these Terms.

1. The Service

Smailor provides email-based customer support, communication, and collaboration features. Depending on your plan and settings, these may include:

• shared inboxes, teams, assignment, folders, routing and automation rules, templates, and signatures;
• optional custom domains for inbound and outbound mail, with SPF, DKIM, DMARC, and BIMI support;
• mail client access, letting you connect a standard mail application over POP3 and SMTP (Section 6);
• outbound sending through our own infrastructure, our sending nodes, or a third-party sending provider whose credentials you supply (Section 7);
• email tracking, link safety, and spam filtering controls (Section 8);
• AI-assisted drafting, triage, classification, summarisation, topic clustering, translation, contact intelligence, and attention or priority features such as the Focus board (Section 9);
• connected third-party accounts, such as Gmail import, Discord, and calendars over CalDAV or OAuth (Section 10);
• an embeddable contact widget for your own website (Section 11);
• a REST API and webhooks (Section 12);
• a marketplace for subscriptions to email addresses on seller-controlled domains (Section 13);
• an affiliate program (Section 14);
• mobile applications (Section 15); and
• a separate Telecom/SMS service, only where enabled for your account and subject to the Telecom and SMS Terms.

Features may differ by plan; we may add, change, or remove features to improve the Service, security, or compliance. Some features are labelled beta or experimental (Section 19).

The Service is intended for business and professional use. You are responsible for how you use it in compliance with applicable law.

2. Accounts, teams, and access

• You must provide accurate registration information and keep it up to date.
• You are responsible for all activity under your account, including the actions of your users and team members, unless caused by our gross negligence.
• You must use strong credentials, enable security features we offer, and notify us immediately at the contact in our Legal notice of any unauthorized use.
• You must not create accounts or arrange access in order to evade our signup limits, security tooling, bans, or other technical controls. See also the Acceptable use policy.

Team members. A team member you invite holds a real user account with its own credentials and its own access scope. As the account owner you decide which mailboxes, routes, and features each member can reach, and you are responsible for keeping that list current — in particular for removing access promptly when a member leaves your organization. We do not verify the identity, employment status, or authority of the people you invite. Actions taken by a member within the access you granted are treated as actions taken by you.

No shared logins. Each person using the Service must have their own account. Sharing one login between several people defeats our audit trail and is a breach of these Terms.

We may suspend or restrict access if we reasonably believe there is a risk to the Service, other customers, or third parties, or to comply with law.

3. Subscriptions, fees, and taxes

Paid plans. If you subscribe to a paid plan, you agree to the fees, billing cycle (monthly or annual where offered), and payment method presented at checkout.

Standard plans and outbound packs. The following standard EUR prices and monthly outbound allowances apply, subject to any specific offer accepted at checkout:

Prices are in EUR, excluding VAT. Solo is annual-only. Annual Starter, Pro and Business cost ten monthly payments. Usage allowances renew every calendar month, including on annual plans.

Available on every plan, including Free. Packs are stackable and always billed monthly.

A new conversation started by you counts as one outbound conversation. Replies don't count.

The capacity metric. An outbound conversation is a new email conversation initiated by you or your authorized users. Its first message accepted into the sending queue uses one unit. Existing replies and follow-ups, responses to inbound conversations, auto-replies, internal notes, website chat and forwarding within existing threads do not use additional units. A separate new conversation counts separately, even when addressed to a previous contact. The quota is shared by the account owner's mailboxes and team across dashboard, API and SMTP, including third-party providers whose credentials you supply. A draft or refused submission does not consume capacity; delivery retries and provider fallback do not charge it twice. A queued conversation remains counted if the recipient later rejects or bounces the message. Thread references must identify an existing conversation belonging to the account; a message without a valid reference may open a new conversation.

Monthly allowances. Usage resets at 00:00 UTC on the first day of each calendar month, including for annual subscribers. Unused capacity does not roll over. Upgrades, downgrades, cancellation and purchasing packs do not erase consumed usage. If available capacity is exhausted or falls below usage, starting new outbound conversations is paused; replies remain outside this monthly quota, subject to security and technical limits. We do not automatically bill overages or upgrade your plan.

Separate recurring packs. Every plan, including Free, can buy packs. Different packs and multiple copies of one pack can be combined. Each purchase adds its stated capacity while its paid period is active, without changing plan features or other limits. Each purchase renews monthly on its own billing date, independently of plan renewal, including on Solo and other annual plans. The first payment is the full monthly pack price, with no partial-month reduction; verified payment activates the full capacity immediately. A monthly paid period is one calendar month, with dates clamped at month end where necessary. Your recurring charges are the plan subscription plus each renewing pack; an annual plan charge and monthly pack charges retain their respective billing periods and are shown separately. Other paid add-ons retain their own charges.

Pack cancellation and failed payment. Stop each pack's renewal online in account billing. Renewal cancellation preserves already-paid capacity until its displayed paid-period end and stops future renewals; it does not reset usage or automatically refund unused volume, subject to mandatory rights. Cancelling or downgrading your feature plan leaves packs active because they also work on Free. Cancel unwanted packs separately. A failed renewal does not extend paid capacity. A full refund or chargeback reverses the corresponding paid capacity; any remaining valid paid period is preserved. Account deletion stops pack renewals before removing access. See the pricing and outbound guide for counting examples and billing details.

Mandatory consumer rights. The Service is intended for professional use. Where you nevertheless qualify for mandatory consumer protections, nothing in these Terms waives them. In particular, applicable withdrawal, cancellation and refund rights take precedence over our standard no-refund policy. Buying or using a pack does not by itself waive a statutory withdrawal right. You may submit an unambiguous withdrawal request through the support page, identifying your account, purchase and date, without being required to give a reason. We acknowledge receipt and handle applicable requests under the governing legal requirements.

Withdrawal request wording (optional). Send to [email protected]: "I notify you that I withdraw from my Smailor [plan or outbound pack] contract concluded on [date]. Account email: [email]. Name and address: [details]. Request date: [date]." You may use your own clear wording; this form is not mandatory. Applicable statutory deadlines and refund rules take precedence over the standard paid-period policy.

Separate Telecom plans. Telecom/SMS plans have their own names, prices, and segment allowances. A suggested pairing with an email plan is informational; neither subscription is required for the other. Telecom plans are offered only when the service is enabled and the specific plan is available for sale. See the Telecom and SMS Terms.

Taxes. Prices are shown as indicated at checkout, excluding applicable taxes (such as VAT) where we are required to collect them; taxes are calculated based on the billing information and applicable rules. You are responsible for the accuracy of the billing country, VAT number, and other tax information you give us, and for any assessment resulting from information that was incorrect.

Renewal. Unless you cancel before the end of a billing period, subscriptions renew automatically for successive periods of the same length, at the then-current rate.

Failed payments. We may retry charges and may suspend or downgrade the Service for non-payment until resolved. Where a payment is reversed or charged back, we may pass on the fee our payment provider charges us, and we may require a different payment method before restoring access.

Changes in fees. We may change standard prices for new or renewing subscriptions with reasonable prior notice (e.g. by email or in-product notice). If you do not accept a change, you may cancel before it takes effect for your next cycle.

EU consumer withdrawal. If you are a consumer in the European Union, you may have a 14-day statutory right to withdraw from distance contracts, subject to limitations once digital content is supplied with your prior express consent and acknowledgment of losing the right. See the checkout flow and applicable law.

Refunds. Unless required by law or otherwise stated at purchase, fees are non-refundable for the current billing period, including partial months, unused capacity, seats you stopped using, or a downgrade mid-period. We do not give credit for downtime except where a service-level agreement we have expressly agreed with you in writing provides for it. Where we choose to refund or credit as a goodwill gesture, that does not create an entitlement to the same treatment later.

Cancellation by you. You may cancel in account settings (or as we indicate). Access typically continues until the end of the current paid period, unless the law or your offer provides otherwise. Cancelling does not delete your data — see Section 16.

Marketplace purchases. A marketplace purchase is a subscription to use a specified email address on a domain controlled by a third-party seller; it does not transfer the domain or its intellectual-property rights. The price, billing cycle, minimum term (if any), and currency shown before you confirm payment apply to that subscription. The first payment is collected through our payment provider. Where a valid mandate is available, later periods may be charged automatically until you cancel; cancellation stops future renewal charges and normally leaves the address available through the paid period.

Marketplace availability and support. We provision an address only after payment succeeds. If provisioning fails, the address becomes unavailable, or the service materially differs from the listing, contact [email protected]. We may suspend a listing, protect the buyer, refund or credit a payment, or take another remedy required by law or reasonably necessary to resolve the issue. Consumer withdrawal and other mandatory consumer rights remain unaffected. The Seller Agreement governs the seller's separate obligations to Smailor.

4. Free trials and promotional pricing

Where we offer a free plan, free trial, discount, or promotional rate, it applies on the conditions stated at the time of the offer and, unless we say otherwise:

• is limited to one per customer, organization, and payment method, and may not be combined with another offer;
• ends automatically, after which the standard rate applies unless you cancel first;
• may be withdrawn, shortened, or changed for new signups at any time; and
• may be revoked, with the standard rate applied, if you obtain it by creating multiple accounts, misrepresenting eligibility, or otherwise circumventing the offer's conditions.

5. Fair use, limits, and email delivery

• Free and plan limits (storage, messages per time window, users, domains, attachment size, or API calls) apply as described in-product or in documentation, and may be enforced per account, per mailbox, per credential, per message, or per authentication.
• Email and messaging may be throttled, queued, parked, or blocked to protect deliverability, our infrastructure, and others on shared resources.
• We do not guarantee that every email will be delivered, opened, or placed in a recipient's inbox, as deliverability also depends on recipients, networks, and your DNS, content, and reputation. Custom domains require correct DNS; you are responsible for your records.
• Sender reputation. Because outbound mail may share infrastructure with other customers, we may reduce your sending rate, require a dedicated configuration, or suspend sending where your bounce, complaint, or spam-trap rates put that infrastructure at risk. The Acceptable Use Policy states the thresholds we work to.
• Smailor is not a bulk email service provider. Newsletters, marketing campaigns, and other bulk sending are only permitted within the limits described in the Acceptable Use Policy.

6. Mail client access (POP3 and SMTP)

Where the Service lets you connect a standard mail application (for example Thunderbird, Outlook, or Apple Mail):

• We issue a dedicated mail access credential, separate from your Smailor login. It is displayed once, at the moment it is created, and we cannot recover or re-display it afterwards. If you lose it, revoke it and create a new one.
• You are responsible for storing that credential securely and for every action taken with it. Anyone holding it can read and send mail for the mailbox it was issued against.
• You must not share a mail access credential between people, publish it, embed it in client-side code, or give it to a third-party service that we have not approved for that purpose.
• We may revoke a credential without notice where we reasonably believe it is compromised, used abusively, or used to circumvent limits, and we may cap the number of active credentials per mailbox.
• Connections are logged for security (see the Privacy Policy). Per-credential and per-connection rate limits apply, and because mail clients re-authenticate on each operation, a limit expressed per authentication behaves as a ceiling per operation.
• Messages your mail client downloads leave our control. Copies stored on your device, and anything your device then syncs elsewhere, are your responsibility — including deletion. Deleting data in Smailor does not delete the copies already on your devices.
• We support the ports, transport modes, and authentication mechanisms documented at the time. We may change them for security reasons with reasonable notice where practicable, and immediately where a protocol, cipher, or mechanism becomes unsafe.

7. Outbound sending and third-party sending providers

Outbound mail may be handed to our own infrastructure, to sending nodes we operate, or to a third-party sending provider (for example Resend, Brevo, Mailjet, or an SMTP server you nominate).

• Where you configure a provider with your own credentials or API key, you are the customer of that provider. Their terms, limits, pricing, and acceptable-use rules apply to that traffic, and you are responsible for compliance with them and for any suspension or charge they impose.
• You represent that you are entitled to use the credentials you enter, and that entering them does not breach an agreement with that provider.
• We store such credentials in order to send on your instruction and we do not log them verbatim, but they are by nature recoverable secrets held on our systems. Revoke them at the provider and remove them here when you stop using the integration. Section 23 (limitation of liability) applies to them as it does to everything else.
• We may fall back to alternative routes, park, retry, or refuse a message where a route fails, a limit applies, or a message presents a deliverability, security, or legal risk. We do not guarantee which route a given message takes.
• You are responsible for the sender identity you configure and for authorisation to send on behalf of the domain and person it names.

8. Email tracking, link safety, and spam filtering

Open tracking. The Service can add a tracking element to messages you send so that you can see whether a message was opened. It is off by default: nothing is tracked until you turn it on for your account. Once on, it can still be turned off per message where that control is offered, and a mailbox owner decides the policy for their mailbox.

Where you enable or leave open tracking enabled, you decide to track your recipients. You are the controller of that processing and you are responsible for having a lawful basis, for any notice or consent the law of your recipient's country requires (including EU ePrivacy rules and national equivalents), and for honouring objections. We provide the control; we do not assess the lawfulness of your use of it. If you cannot meet those obligations, turn tracking off.

Remote images in received mail. Remote images and tracking elements in mail you receive are never fetched by your browser: the Service fetches them from its own servers, so the sender does not see your network information. Loading them automatically, which is the default, may still reveal to the sender that and when you opened the message. You can instead have them held until you load them on a message, in which case some messages may not render as intended until you do. The setting is yours to choose.

Link safety. To protect users against phishing and malware, links, senders, and attachments in mail may be inspected, classified, and scored, including by sending link and sender data to third-party reputation services. Some of those services are outside the EEA. The Privacy Policy and Sub-processor list identify them and the applicable transfer safeguards. Risk labels, link warnings, and spam scores are operational signals, not guarantees: a link marked safe may still be harmful, and a message marked risky may be legitimate. You remain responsible for your own judgement before clicking, replying, or acting on a message.

Spam filtering. Filtering, quarantine, and blocklists are provided on a best-effort basis. We do not warrant that every unwanted message is caught or that no wanted message is ever filtered. Check quarantine and blocked-sender lists where delivery matters to you.

9. AI-assisted features

Where AI-assisted drafting, triage, classification, summarisation, extraction, translation, topic clustering, contact classification, priority scoring, or abuse detection is available:

• Output may be wrong. It can be inaccurate, incomplete, outdated, biased, or misleading, and may misread tone, intent, deadlines, or commitments. You must review output before you rely on it or send it, and you remain responsible for everything sent from your account.
• These features are not professional advice — legal, tax, medical, financial, or otherwise — and must not be used as the sole basis for a decision that affects a person's rights or obligations.
• Nothing is sent on your behalf without your action where the feature requires your confirmation. Where you deliberately enable an automation that sends, assigns, or replies without per-message confirmation, you accept responsibility for what it does within the configuration you chose.
• Suggested deadlines, priorities, or classifications are inferred, not verified facts, and must not be treated as commitments you or a third party have made.
• We do not use your content to train models for third parties. Where inference runs on infrastructure we configure, the current Sub-processor list identifies it and the applicable safeguards.
• Availability, models, and quality may change, and a feature may be withdrawn. Rate limits apply, and we may disable a feature for an account that uses it to generate abusive, deceptive, or bulk unsolicited content.
• You must not attempt to use these features to extract our prompts, system instructions, other customers' data, or model weights, or to inject instructions intended to alter how our systems process other people's mail.

10. Connected third-party accounts

The Service can connect to accounts you hold elsewhere, such as Google/Gmail, Discord, or a calendar over CalDAV or OAuth.

• By connecting, you authorise us to access that account within the scope you approve, for the purpose of the feature you enabled. You must only connect accounts you are authorised to connect.
• Our use of data received from Google APIs adheres to the Google API Services User Data Policy, including the Limited Use requirements. Details are in the Privacy Policy.
• We store the access tokens, refresh tokens, or application-specific passwords needed to keep the connection working, protected by access controls, until you disconnect or revoke them. Where a provider only supports a reusable password (for example an Apple app-specific password), that secret must be held in a recoverable form to function. Use a scoped, revocable credential, never your main account password, and revoke it at the provider when you disconnect.
• You can disconnect at any time in settings, and revoke access at the provider. Disconnecting stops future access; it does not necessarily delete data already imported, which you can delete separately.
• The third party's own terms and privacy notice govern your relationship with them. Changes they make to scopes, quotas, pricing, or availability may break or remove a feature, and we are not responsible for that.

10.1 Copying email to a Discord channel

You can link a group or a mailbox to a Discord channel. When you do, Smailor copies the emails routed there to Discord, in the content mode you choose (full message, preview, or notification only).

• This is your choice and your instruction. Discord is a service you select and run (your server, your members, your settings). You act as controller for this processing: you are responsible for having a legal basis, for informing the people who write to you, for who can read the channel, and for how long messages are kept there.
• Before a channel is linked, you confirm that you understand this. We keep a record of that confirmation (who, when, which mode, which version of this notice).
• Once a message is delivered to Discord, it is outside the Service. We cannot edit or delete it, and Discord stores it under its own terms, possibly outside the European Union. Unlinking a channel stops new copies; it does not remove what was already posted.
• To the extent permitted by law, we are not responsible for content once it is delivered to Discord, nor for how Discord, the members of your server, or anyone else with access to the channel use it. You will hold us harmless from claims that result from your choice to copy email to Discord, except where we did not follow your instruction.
• To limit what leaves Smailor, use the Notification only mode, which sends no sender, subject or message text.

11. The embeddable widget

If you embed our contact widget on your own website:

• You are responsible, as controller, for what visitors submit through it, for your own privacy notice, cookie notice, and consent where required, and for any age or sector restriction that applies to your site.
• You must not place the widget on a site whose content breaches the Acceptable Use Policy, nor use it to collect special-category data, payment card data, or credentials.
• Attachment, size, and rate limits apply, and we may throttle or disable a widget that is abused, used to relay spam, or used in a way that harms the Service.
• We may show a minimal Smailor attribution in the widget unless your plan states otherwise.

12. API, webhooks, and automated access

• API keys, webhook secrets, and internal tokens are credentials. Keep them confidential, do not publish or commit them, rotate them if exposed, and tell us promptly if they leak.
• You must stay within documented rate limits and quotas and must not distribute requests across accounts, keys, or addresses to exceed them.
• You are responsible for verifying webhook signatures and for the security and behaviour of the endpoint you nominate, including what it does with the data we deliver to it.
• We may version, deprecate, or change APIs and webhook payloads. We will give reasonable notice for breaking changes where practicable, and may change behaviour immediately where security or law requires it. We may suspend a key that is causing errors, load, or abuse.
• Automated scraping or crawling of the Service, and automated account creation, are prohibited except as the API and our documentation allow.

13. Marketplace

Buying an address through the marketplace is governed by Section 3 and by the Acceptable Use Policy. If you list addresses as a seller, the Seller Agreement additionally applies and controls for that subject. Smailor is not a party to the underlying relationship between buyer and seller beyond what those documents state.

14. Affiliate program

If you take part in the affiliate or referral program, the Affiliate Terms apply in addition to these Terms. In summary: self-referrals, misleading promotion, spam, bidding on our brand, and cookie stuffing are prohibited; commissions are earned only on payments we actually collect and keep; and we may withhold, reverse, or forfeit commissions obtained in breach of those rules.

15. Mobile applications

Where we distribute a mobile application:

• It is licensed, not sold, for use on devices you own or control, on these Terms.
• The app store's own terms additionally apply to the download and to any purchase made through it. Where you subscribe through an app store, that store's billing, renewal, and refund rules govern the payment.
• You are responsible for device security, your own network and data charges, and keeping the app updated. We may require a minimum supported version and may stop supporting older versions or operating systems.
• Push and in-app notifications may be used for transactional and security messages. Marketing notifications are sent only where you opted in, and can be turned off in the app or at the operating-system level.

16. Your content, export, deletion, and archive

• Your content includes messages, attachments, contacts, templates, settings, and data you or your end users process through the Service. You retain your rights. You grant us a non-exclusive, worldwide, royalty-free license to host, process, transmit, and display your content and provide the Service, including support and security and abuse handling, in line with your instructions and the Privacy Policy (and a DPA where we offer it for the processing of personal data on your behalf).
• You represent that you have the necessary rights to grant the above, including where you process your customers' personal data. We do not claim ownership of your content.

Backup and export. You are responsible for maintaining your own retention and exports to the extent required for your business; we are not a long-term archive unless offered under your plan or additional terms. Export the data you need before you cancel, delete a mailbox, or delete your account.

Archive and deletion. Where the Service offers archiving, archived conversations remain your data and continue to count toward your storage unless we state otherwise. Where the Service offers immediate deletion — of a conversation, an archive, a mailbox, or an account — that action is irreversible. We cannot restore deleted content for you, including from backups, and confirmation prompts exist because there is no undo. Backups exist for our own disaster recovery, not as a restore service for individual deletions, and they are overwritten on their own cycle. Anything a mail client already downloaded is unaffected by deletion here (Section 6).

17. Acceptable use

You and your users must not use the Service, or encourage others to use it, in ways that violate the Acceptable use policy (incorporated by reference) or that:

• are illegal or infringe others' rights;
• send unsolicited bulk or commercial email (spam), or misleading or deceptive messages;
• distribute malware, or attempt to bypass security, quotas, or usage limits; or
• could materially harm, overload, or interfere with the Service or other customers.

We may take action (including removing content, suspending accounts, or reporting to authorities) in line with the Acceptable use policy and applicable law. Claims of copyright or trademark infringement are handled under the Copyright Policy.

18. Availability and maintenance

We aim for high availability but, unless a written service-level agreement says otherwise, the Service is provided without an availability commitment and without service credits. We may perform planned maintenance, with notice where practicable, and emergency maintenance without notice. Mail may be queued during maintenance rather than lost, but we do not guarantee that.

19. Beta and experimental features

Features labelled beta, preview, experimental, or early access are provided for evaluation, as is, may be unstable or incomplete, may lose data, and may be changed or withdrawn at any time without notice or compensation. Do not rely on them for anything you cannot afford to lose. Any availability, support, or liability commitment elsewhere in these Terms does not apply to them.

20. Third-party services and integrations

The Service may use or link to third parties (e.g. payment providers, identity providers, sending providers, reputation and anti-abuse services, hosting, or infrastructure). Your use of those services is subject to their terms. We are not responsible for third-party services outside our control. The current Sub-processor list identifies those that process personal data for us.

21. Intellectual property

We and our licensors own the Service, software, brands, and documentation (excluding your content). Except for the limited right to use the Service in line with these Terms, no rights are granted to you. You must not copy, reverse engineer, decompile, or create derivative works from the Service, or remove proprietary notices, except to the extent the law expressly permits despite this restriction.

Feedback you provide may be used by us without restriction or payment to you.

22. Warranties

To the fullest extent permitted by law, the Service is provided "as is" and "as available" without warranties of any kind, whether express, implied, or statutory, including merchantability, fitness for a particular purpose, non-infringement, and uninterrupted or error-free operation. We do not warrant that mail will be delivered, that spam or malware will be detected, that AI output will be accurate, or that a third-party integration will keep working. Some jurisdictions do not allow certain disclaimers, so they may not apply to you in full.

23. Limitation of liability

To the fullest extent permitted by law:

• We are not liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, data, business, or goodwill; and
• Our total aggregate liability for all claims under these Terms in connection with the Service in any twelve (12)-month period is limited to the fees you paid for the Service in that period (or zero for free plans or where no fee applies for the claim).

Without limiting the above, and to the extent permitted by law, we are not liable for: non-delivery, delay, or misrouting of email; content filtered as spam or delivered despite filtering; reliance on AI-assisted output, risk labels, or link warnings; loss of data you deleted, including through immediate deletion; acts or omissions of third-party providers, marketplace sellers, or recipients; or your own configuration, DNS records, credentials, or automation settings.

Nothing in these Terms limits liability for death or personal injury caused by our negligence, fraud, or other liability that cannot be limited by law.

24. Indemnity

You will defend and indemnify us and our affiliates, directors, employees, and agents against third-party claims, damages, and costs (including reasonable attorneys' fees) arising from your content, your use of the Service in breach of these Terms or the law, your sending practices or use of tracking, your widget deployment, or your team members or end users, except to the extent caused by our breach of these Terms or our gross negligence.

25. High-risk and legal disclaimer

The Service is not designed for or warranted for high-risk or safety-critical use (e.g. emergency services, life support) where failure could lead to death, injury, or severe harm. You must not use the Service in such situations, and you must not use it as the sole channel for time-critical notices where failure or delay would cause serious harm.

26. Sanctions and export control

You represent that you, your organization, and your beneficial owners are not subject to EU, UK, US, or UN sanctions or on a restricted-party list, and that you will not make the Service available to a sanctioned party or use it in a territory subject to comprehensive sanctions. We may suspend or terminate access, and withhold amounts, where required by sanctions or export-control law.

27. Suspension, termination, and dormant accounts

We may terminate or suspend your access with notice if you materially breach these Terms and do not cure where cure is reasonable and possible, or immediately in cases of abuse, fraud, security risk, or legal requirement. You may stop using the Service and cancel your subscription in accordance with Section 3.

Dormant accounts. We may deactivate and then delete a free account, and release the addresses associated with it, after a prolonged period of inactivity, with notice to the account email beforehand where practicable. Export your data if you plan to stop using the Service.

Upon termination, your right to use the Service ends, and we may delete your data after a reasonable retention period, except where the law or our Privacy Policy (e.g. accounting, legal holds) require retention. Sections that by their nature should survive (e.g. liability, indemnity, governing law) will survive.

28. Changes to the Service and the Terms

We may modify the Service. We will post updated Terms and, where the changes are material and affect your use, make reasonable efforts to notify you (e.g. email or in-product) before they take effect, except where an immediate change is required for legal or security reasons. If you do not accept the updated Terms, you must stop using the Service. Continued use after the effective date constitutes acceptance where permitted by law.

29. Governing law, disputes, and time limits

These Terms are governed by the laws of France, without regard to conflict-of-law rules. Exclusive or non-exclusive courts for disputes may be set out here as allowed by local consumer rules; if you are a consumer in the EU, you benefit from mandatory rights in your country of residence.

Talk to us first. Before starting a formal claim, please contact [email protected] and allow a reasonable period to resolve the matter informally. Consumer dispute-resolution information is in the Legal notice.

Time limit. To the extent permitted by law, and except for claims by consumers, any claim arising out of these Terms must be brought within one (1) year after the claim arose.

30. Notices

We may give notice by email to your account address, by in-product message, or by posting on the Service. Keep your account email current and monitored; a notice sent to it is effective even if you no longer read that mailbox. You may give us notice at the addresses in the Legal notice.

31. Miscellaneous

• Entire agreement. These Terms, together with our Privacy Policy and (where applicable) the DPA, Seller Agreement, Affiliate Terms, and product-specific addenda, are the entire agreement.
• Order of precedence. For a conflict, a signed written agreement prevails, then the DPA (for processing of personal data on your behalf), then the Seller Agreement or Affiliate Terms (for their subject), then these Terms, then the other policies.
• No third-party beneficiaries. These Terms create rights only between you and us.
• Independent parties. Nothing here creates a partnership, agency, employment, or joint venture.
• Assignment. You may not transfer these Terms without our prior consent, except in a genuine merger or sale of your business. We may assign in connection with a reorganization, merger, or sale of assets.
• Severability; waiver. If a part is invalid, the rest remains. A failure to enforce a right is not a waiver.
• Force majeure. We are not responsible for delays due to events beyond our reasonable control, including network, provider, registrar, or upstream mail-system failures.
• Language. If this document is available in more than one language, the [English] version prevails for the purpose of your relationship with us, unless local law requires otherwise.
• Contact: See the Legal notice page for our contact and entity details, or write to [email protected] for the Service in general.