Terms of Service

1. Agreement to Terms

By accessing or using Omailer's email marketing platform and services ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you may not access the Service.

These Terms apply to all visitors, users, and others who access or use the Service. Omailer reserves the right to update and change these Terms at any time without notice.

2. Account Registration

To use our Service, you must:

• Be at least 18 years of age or the age of majority in your jurisdiction
• Provide accurate, current, and complete registration information
• Maintain and update your information to keep it accurate and current
• Accept all risks of unauthorized access to your account
• Immediately notify us of any unauthorized use of your account

You are responsible for safeguarding your password and for all activities that occur under your account. Omailer will not be liable for any loss or damage arising from your failure to protect your account information.

3. Service Description

Omailer provides a multi-tenant email marketing platform that enables users to:

• Create and manage email campaigns
• Design email templates
• Manage subscriber lists
• Track email performance and analytics
• Automate email workflows
• Conduct A/B testing
• Access API for integration

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time without notice.

4. Subscription and Billing

Subscription Plans

We offer various subscription plans with different features and email sending limits. Plan details and pricing are available on our pricing page and may be updated from time to time.

Payment Terms

• Subscriptions are billed in advance on a monthly or annual basis
• All fees are non-refundable except as required by law
• You authorize us to charge your payment method for all fees
• If payment fails, we may suspend or terminate your account

Plan Changes

You may upgrade or downgrade your plan at any time. Changes take effect immediately and are prorated for the remainder of the billing period.

Overage Charges

If you exceed your plan's email sending limit, additional charges may apply as specified in your plan details. We will notify you when you approach your limits.

5. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms and our Acceptable Use Policy. You agree not to use the Service:

• To send spam or unsolicited commercial emails
• To violate any applicable laws or regulations
• To infringe upon intellectual property rights
• To transmit malicious code or viruses
• To harass, abuse, or harm another person
• To impersonate or misrepresent your affiliation
• To interfere with or disrupt the Service
• To circumvent any quotas or technical limitations

Violation of these terms may result in immediate termination of your account without refund.

6. Email Compliance

You must comply with all applicable email and anti-spam laws, including:

• CAN-SPAM Act (United States)
• CASL (Canada)
• GDPR (European Union)
• All other applicable local laws and regulations

You must:

• Only send emails to recipients who have given explicit consent
• Include accurate sender information and subject lines
• Provide a clear and functional unsubscribe mechanism
• Honor unsubscribe requests within 10 business days
• Include your physical mailing address in emails

7. Content and Data

Your Content

You retain all rights to content you upload to the Service. By uploading content, you grant Omailer a limited license to use, store, and process your content solely to provide the Service.

Data Processing

We process data in accordance with our Privacy Policy and applicable data protection laws. You are responsible for ensuring you have the necessary rights to process any personal data you upload to the Service.

Data Security

We implement industry-standard security measures to protect your data. However, no method of transmission or storage is 100% secure, and we cannot guarantee absolute security.

8. Intellectual Property

The Service and its original content (excluding user content), features, and functionality are owned by Omailer and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

You may not:

• Copy, modify, or distribute the Service
• Reverse engineer or attempt to extract source code
• Use our trademarks without written permission
• Remove any proprietary notices

9. API Terms

If you use our API, you agree to:

• Use the API only as documented
• Not exceed rate limits or quotas
• Not use the API to compete with Omailer
• Keep your API credentials secure and confidential
• Accept that we may modify or discontinue API features

10. Service Level Agreement

For paid plans, we strive to maintain:

• 99.9% uptime for Pro plans
• 99.99% uptime for Enterprise plans
• Scheduled maintenance with advance notice
• Email delivery within industry-standard timeframes

Service credits may be available for extended downtime as specified in your plan agreement.

11. Termination

By You

You may terminate your account at any time through your account settings or by contacting support. Termination does not entitle you to any refunds.

By Us

We may suspend or terminate your account immediately for:

• Violation of these Terms or Acceptable Use Policy
• Non-payment of fees
• Excessive bounce or complaint rates
• Legal requirements or court orders
• Fraudulent or illegal activity

Effect of Termination

Upon termination, your right to use the Service immediately ceases. We may delete your data after 30 days unless legally required to retain it.

12. Disclaimers and Limitations

Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OMAILER SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

IN NO EVENT SHALL OMAILER'S AGGREGATE LIABILITY EXCEED THE AMOUNTS PAID BY YOU TO OMAILER IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.

13. Indemnification

You agree to indemnify, defend, and hold harmless Omailer and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Your content or email campaigns

14. Governing Law and Disputes

These Terms are governed by the laws of the Netherlands, without regard to conflict of law principles. Any disputes shall be resolved through binding arbitration in Amsterdam, Netherlands, except for claims seeking injunctive relief.

You agree to resolve disputes on an individual basis and waive any right to participate in class actions.

15. General Provisions

Entire Agreement

These Terms, together with our Privacy Policy and Acceptable Use Policy, constitute the entire agreement between you and Omailer.

Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.

Waiver

No waiver of any term shall be deemed a further or continuing waiver of such term or any other term.

Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations without restriction.

16. Contact Information

For questions about these Terms, please contact us at: