Terms of Service
1. Agreement
These Terms of Service ("Terms") govern your use of the Aledamail email marketing platform ("Service") operated by Aledamail ("we", "us", "our"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.
2. Eligibility
You must be at least 18 years old and have the legal authority to enter into these Terms on behalf of yourself or the organization you represent. Accounts are provisioned by invitation or request only.
3. Account responsibilities
You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify us immediately of any unauthorized use. You must provide accurate and complete information and keep it up to date.
4. Permitted use
The Service is provided for permission-based email marketing. You may only send email to recipients who have opted in to receive communications from you. All use must comply with our Acceptable Use Policy, which is incorporated into these Terms by reference.
5. Prohibited use
You may not:
- Send unsolicited email, spam, or messages to purchased, rented, or scraped lists
- Send email promoting illegal products, services, or activities
- Impersonate any person or entity
- Transmit malware, viruses, or harmful code
- Attempt to gain unauthorized access to the Service or its systems
- Resell, sublicense, or provide access to the Service to third parties without our written consent
- Use the Service in any manner that could damage, disable, or impair the Service
6. Subscriber data
You retain ownership of all subscriber data you upload. You grant us a limited license to process this data solely to provide the Service. You represent that you have all necessary rights and consents to upload and send to your subscriber lists. You are the data controller; we are the data processor.
7. Intellectual property
We retain all rights to the Service, including all software, designs, and documentation. You retain all rights to your content (email templates, copy, images you upload). Neither party grants the other any rights except as expressly stated in these Terms.
8. Payment
If your account includes a paid plan, you agree to pay all applicable fees. Fees are non-refundable except as required by law. We may change pricing with 30 days' written notice. Failure to pay may result in account suspension.
9. Service availability
We aim to provide reliable service but do not guarantee uninterrupted availability. We may perform scheduled maintenance with advance notice. We are not liable for downtime caused by factors beyond our reasonable control.
10. Suspension and termination
We may suspend or terminate your account if you violate these Terms or the Acceptable Use Policy, if your use threatens the deliverability or reputation of other users, or if required by law. You may terminate your account at any time by contacting us. Upon termination, your access ceases and your data will be handled per our Privacy Policy.
11. Disclaimer of warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT EMAILS WILL BE DELIVERED TO ANY PARTICULAR INBOX.
12. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM. WE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.
13. Indemnification
You agree to indemnify and hold us harmless from any claims, damages, or expenses arising from your use of the Service, your violation of these Terms, or your violation of any third-party rights, including the rights of subscribers on your lists.
14. Governing law and disputes
These Terms are governed by the laws of the State of New York, without regard to conflict-of-law principles. Any disputes shall be resolved in the state or federal courts located in New York County, New York.
15. Changes to these Terms
We may update these Terms from time to time. We will notify you of material changes by email or through the platform at least 30 days in advance. Continued use after changes take effect constitutes acceptance.
16. Contact
Aledamail
Email: legal@senders.co