Last updated: May 3, 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).

1. The Service

Smailor provides email-based customer support and collaboration features, including shared inboxes, teams, routing, automation, optional custom domains, and related APIs and documentation as made available to you. Features may differ by plan; we may add, change, or remove features to improve the Service, security, or compliance.

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

2. Accounts 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.

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.

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.

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.

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 or unused capacity.

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.

4. Fair use, limits, and email delivery

Free and plan limits (storage, messages per time window, users, or domains) apply as described in-product or in documentation.
Email and messaging may be throttled, queued, 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.

5. Your content and data

Your content includes messages, attachments, 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. 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.

6. 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.

7. Third-party services and integrations

The Service may use or link to third parties (e.g. payment providers, identity providers, hosting, or infrastructure). Your use of those services is subject to their terms. We are not responsible for third-party services outside our control.

8. 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.

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

9. 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. Some jurisdictions do not allow certain disclaimers, so they may not apply to you in full.

10. 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).

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.

11. 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, or your end users, except to the extent caused by our breach of these Terms or our gross negligence.

12. 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.

13. Suspension and termination

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.

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.

14. 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.

15. Governing law and jurisdiction

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.

[Optional: If you are a U.S. consumer, alternative dispute and arbitration terms may be added in compliance with applicable state and federal law.]

16. Miscellaneous

Entire agreement. These Terms, together with our Privacy Policy and (where applicable) the DPA and product-specific addenda, are the entire agreement.
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.
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 (replace with your public support address when you publish your own contact).