SMTPDog Terms of Service

1. Introduction

These Terms of Service (the "Terms"), together with our Privacy Policy, constitute the entire agreement (the "Agreement") between SMTPDog ("SMTPDog", the "Platform", "we", "us" or "our") and you ("you" or the "User"). These Terms govern your use of the web pages at smtpdog.com, the SMTP relay service, the API and related email sending services (collectively, the "Service").

You agree to be bound by this Agreement by any of the following: (a) purchasing access to the Service through an online ordering process that references this Agreement; (b) registering for the free-tier plan of the Service through a page that references this Agreement; or (c) ticking a checkbox indicating acceptance, or actually starting to use the Service.

If you do not agree to, or are unable to comply with, this Agreement, you may not use the Service, so please read it carefully.

2. Communications

By creating an account on the Service, you agree to receive service notices, newsletters, marketing or promotional materials and other information that we may send. However, you may choose to stop receiving any marketing communications from us by clicking the unsubscribe link in an email or by emailing support@smtpdog.com (except for necessary system notices directly related to account security and transactions).

3. Purchases and Payment

If you wish to purchase any plan, credits or service offered through the Service (a "Purchase"), you may be asked to provide certain information relating to your Purchase, including but not limited to your payment card information, billing address and location information.

You represent and warrant that: (i) you have the legal right to use any bank card, credit card or other payment method in connection with any Purchase; and (ii) the information you provide to us is true, accurate and complete.

We may use third-party payment service providers to assist in completing payments and Purchases. By submitting your information, you authorize us to provide that information to such third parties, subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: availability of the product or service, errors in the description or price of the product or service, errors in your order, or other reasons. If we suspect fraudulent or unauthorized or unlawful transactions, we reserve the right to refuse or cancel your order and to ban your account.

4. Promotions and Events

Any offers, bonus credits or other promotions made available through the Service (collectively, "Promotions") may be governed by rules that are separate from these Terms. If you participate in any Promotion, please review the applicable rules as well as our Privacy Policy. If the rules of a Promotion conflict with these Terms, the rules of the Promotion will apply.

5. Subscriptions

Parts of the Service are billed on a subscription basis ("Subscriptions"). You will be billed in advance on a recurring and periodic basis (each a "Billing Cycle"). Billing Cycles are set on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or SMTPDog cancels it. You may cancel your Subscription renewal through your online account management page or by contacting the SMTPDog customer support team (support@smtpdog.com).

A valid payment method is required to process the payment for your Subscription. You must provide accurate and complete billing information and valid payment method information. By submitting such payment information, you automatically authorize SMTPDog (or our third-party payment processor) to charge all Subscription fees incurred through your account to any such payment instrument.

If an automatic charge fails for any reason, SMTPDog will issue an electronic invoice or send a notice stating that you must manually pay the full amount shown on the invoice for the relevant Billing Cycle by the specified deadline, failing which your Service may be suspended or downgraded.

6. Free Tier

SMTPDog may, at its sole discretion, offer access to the Service through a free tier (the "Free Tier").

The Free Tier allows limited access to the Service without payment. Free Tier accounts are subject to the usage limits (such as daily/monthly sending limits) and feature limits described on our pricing page. Billing information is generally not required to use the Free Tier.

SMTPDog reserves the right, at any time and without notice, to: (i) modify the features, sending limits or availability of the Free Tier; (ii) cancel or terminate the Free Tier plan; or (iii) suspend sending when usage exceeds the Free Tier limits, or require that a Free Tier account be upgraded to a paid subscription.

7. Fee Changes

SMTPDog may, at its sole discretion, modify Subscription fees or plan prices at any time. Any change to Subscription fees will take effect at the end of the then-current Billing Cycle.

SMTPDog will give you reasonable advance notice of any change to Subscription fees so that you have the opportunity to terminate your Subscription before the change takes effect.

Your continued use of the Service after the change to Subscription fees takes effect constitutes your agreement to pay the modified Subscription fee amount.

8. Refund Policy

Except where expressly required by applicable law, paid Subscription fees and top-up payments are non-refundable. We have a zero-tolerance policy toward malicious chargebacks, and any user who maliciously disputes a valid payment will be permanently barred from using the Service.

9. Message Content and Data

Our Service allows you to send email messages through our SMTP interface or API, which may include text, graphics, images, attachments or other materials (the "Message Content"). You are solely responsible for all Message Content sent through the Service, including its legality, reliability and appropriateness. You are also responsible for all recipient data, contact information and any other data you provide to or transmit through the Service ("Your Data").

By sending messages using the Service, you represent and warrant that: (i) you have the right to use any Message Content you send through the Service and Your Data; (ii) your use of the Service and the Message Content you send do not infringe any person's or entity's privacy rights, publicity rights, copyrights, contractual rights or any other rights; and (iii) you have obtained from recipients all necessary consents and permissions required to send messages to them in accordance with applicable laws and regulations (including but not limited to CAN-SPAM, the GDPR and other anti-spam laws of the recipient's country or region) (permission-based). We reserve the right to terminate the account of anyone found to be sending spam, infringing copyright or violating applicable law.

You retain any and all rights you have in the Message Content you send through the Service and in Your Data, and you are responsible for protecting those rights. We bear no liability and have no obligation to indemnify for Message Content or Your Data sent by you or any third party through the Service. However, by using the Service to send Message Content and Your Data, you grant us the right and license to use such Message Content and Your Data for the purpose of providing the Service (including processing, transmitting, routing and delivering your emails). Except as necessary to provide the Service or as required by law, this license does not include the right for us to disclose your Message Content or Your Data to third parties without your approval.

SMTPDog has the right (but no obligation) to monitor the Message Content sent through the Service and sending metrics (such as bounce rates and complaint rates) to ensure compliance with these Terms and applicable law. We may review, block, throttle or refuse to deliver messages that violate these Terms or applicable law.

10. Prohibited Uses

You may use the Service only for lawful purposes and in accordance with these Terms. You agree to comply with our anti-spam rules (including but not limited to restrictions on sending messages, bounce rate and complaint rate requirements, content requirements and prohibited activities).

In addition, you agree not to:

• send any spam, phishing emails, fraudulent emails, malware or content that violates applicable law without the recipient's permission;
• use the Service in any way that could disable, overburden, damage our IP reputation, or impair the Service, or interfere with any other party's use of the Service;
• introduce any viruses, Trojan horses, worms, logic bombs or other malicious or technologically harmful material;
• attempt to gain unauthorized access to, interfere with, damage or disrupt any part of the Service, the servers on which the Service is stored, or any server, computer or database connected to the Service;
• attack the Service through a denial-of-service (DoS) or distributed denial-of-service (DDoS) attack.

If you discover any abuse or violation, please contact and report it to us immediately at support@smtpdog.com.

11. Analytics

We may use third-party service providers to monitor and analyze the use of our Service. For details about the analytics services we use and how they collect and process data, please refer to our Privacy Policy.

12. Minors Prohibited

The Service is intended only for individuals who are at least eighteen (18) years old. By accessing or using any service on the Platform, you represent and warrant that you are at least eighteen (18) years old and have the full authority, right and capacity to enter into this Agreement and to comply with all terms and conditions of these Terms. If you are under eighteen (18), you are strictly prohibited from accessing and using the Service.

13. Accounts and Security

When you create an account with us, you warrant that you are at least 18 years old and that the information you provide to us is at all times accurate, complete and current. Inaccurate, incomplete or outdated information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account, password, SMTP credentials and API keys, including but not limited to restricting access to your computers, servers and/or account. You agree to accept full responsibility for all activities or sending that occur under your account, password or credentials. You must notify us immediately upon becoming aware of any security breach, key leakage or unauthorized use of your account.

Without proper authorization, you may not use as a username or sender name the name of another person or entity, a name that is not lawfully available to you, or a name or trademark that is subject to any rights of a person or entity other than you. You may not use any name that is offensive, vulgar or obscene as a username.

We reserve the right, at our sole discretion, to refuse service, suspend or terminate accounts, remove or edit content, or cancel orders.

14. Intellectual Property

The Service and its original content (excluding content provided by users), features and functionality are and will remain the exclusive property of SMTPDog and its licensors. The Service is protected by copyright, trademark and other related laws. Our name, trademarks, logos and trade dress may not be used in connection with any product or service without the prior written consent of SMTPDog.

All third-party trademarks, logos and brand names displayed through the Service are the property of their respective owners.

15. Copyright and Infringement Complaints

We respect the intellectual property rights of others. It is our policy to respond to any claim that content posted or sent through the Service infringes the copyright or other intellectual property rights of any person or entity ("Infringement").

If you are a copyright owner or are authorized to act on behalf of one, and you believe that a copyrighted work has been copied or disseminated through the Service without authorization, constituting copyright infringement, please submit your notice by email to support@smtpdog.com with the subject line "Copyright Infringement", and provide the following details in the email:

• the electronic or physical signature of a person authorized to act on behalf of the owner of the copyright interest;
• a clear description of the copyrighted work you claim has been infringed and proof of ownership;
• identification of the specific location on the Service of the material you claim to be infringing, or the relevant email headers;
• your address, telephone number and email address;
• a statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law, and that the information in your notice is accurate.

If you make a false statement or a malicious claim that any content found on and/or through the Service infringes your copyright, you may be liable for damages.

16. Bug Reports and Feedback

You may email us directly at support@smtpdog.com, or use third-party websites and tools, to give us information and feedback about bugs, suggestions for improvement, ideas, problems, complaints and other matters related to our Service ("Feedback"). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in the Feedback; (ii) SMTPDog may have development ideas similar to the Feedback; (iii) the Feedback does not contain confidential or proprietary information from you or any third party; and (iv) SMTPDog is under no obligation of confidentiality with respect to the Feedback. If ownership of the Feedback cannot be assigned because of applicable mandatory law, you grant SMTPDog an exclusive, transferable, irrevocable, free-of-charge, sublicensable, unrestricted and perpetual right to use the Feedback (including to copy, modify, create derivative works from, publish, distribute and commercialize it) in any manner and for any purpose.

17. Links to Other Websites

Our Service may contain links to third-party websites or services that are not owned or controlled by SMTPDog.

SMTPDog has no control over, and assumes no responsibility for, the content, privacy policies or practices of any third-party websites or services. We make no warranties regarding the products or services provided by any such entity/person or their websites.

You acknowledge and agree that SMTPDog shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such third-party websites or services. We strongly advise you to read the terms of service and privacy policies of any third-party websites or services you visit.

18. Disclaimer

The Service is provided by SMTPDog on an "as is" and "as available" basis. SMTPDog makes no representation or warranty of any kind, express or implied, regarding the operation of the Service, email deliverability, inbox placement rates, or the information, content or materials contained therein. You expressly agree that your use of the Service, its content, and any services or items obtained from us is at your sole risk.

Neither SMTPDog nor any person associated with us makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the Service. Without limiting the foregoing, neither SMTPDog nor anyone associated with us represents or warrants that the Service, its content, or any services or items obtained through the Service will be accurate, reliable, error-free or uninterrupted; that defects will be corrected; that the Service or the server that makes it available is free of viruses or other harmful components; or that the Service or any services or items obtained through the Service will otherwise meet your needs or expectations.

SMTPDog hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for a particular purpose.

The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.

19. Limitation of Liability

Except where prohibited by applicable law, you release SMTPDog and its operators, maintainers, team members, partners and agents from liability for any indirect, punitive, special, incidental or consequential damages, however arising (including attorneys' fees and all related costs and expenses of litigation and arbitration, whether or not litigation or arbitration is instituted), whether in an action of contract, negligence or other tort, or arising out of or in connection with this Agreement, including but not limited to any claim arising from this Agreement and your violation of any applicable law, regulation, rule or ordinance, even if SMTPDog has been advised of the possibility of such damages.

Except where prohibited by applicable law, if SMTPDog is found to be liable, our aggregate liability shall be limited to the amount you actually paid to us for the relevant product and/or service during the last Billing Cycle before the event giving rise to the claim, and in no event shall we be liable for consequential or punitive damages. Some jurisdictions do not allow the exclusion or limitation of punitive, incidental or consequential damages, so the above limitation or exclusion may not apply to you.

20. Termination

We may, at our sole discretion, immediately terminate or suspend your account and prohibit access to the Service at any time, for any reason (including but not limited to violation of these Terms, triggering risk-control thresholds or generating a high number of spam complaints), without prior notice and without liability. Once an account is terminated for a violation, all data and remaining quota in the account will be deleted immediately and will not be refunded.

If you wish to terminate your account, you may simply stop using the Service and cancel your subscription or delete your account in the control panel.

All provisions of these Terms which by their nature should survive termination shall survive termination, including but not limited to ownership provisions, disclaimers, indemnity and limitations of liability.

21. Governing Law

These Terms shall be governed by and construed in accordance with the laws applicable at the location of the Platform's operator, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right. If any provision of these Terms is held by a body of competent jurisdiction to be invalid or unenforceable, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding the Service and supersede and replace any prior agreements we might have had between us regarding the Service.

22. Changes to the Service

We reserve the right to withdraw or modify our Service, and any service, interface or material we provide through the Service, at our sole discretion and without notice. We will not be liable if, for any reason, all or any part of the Service is unavailable at any time or for any period. From time to time, we may restrict users (including registered users) from accessing parts of the Service or the entire Service.

23. Amendments to These Terms

We may amend these Terms at any time by posting the revised Terms on this website. It is your responsibility to review these Terms periodically.

Your continued use of the Service after the revised Terms are posted means that you accept and agree to the changes. You should check this page frequently for any changes, as they are binding on you.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, you are no longer authorized to use the Service and must stop using it immediately.

24. Waiver and Severability

No waiver by SMTPDog of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of SMTPDog to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent necessary so that the remaining provisions of these Terms will continue in full force and effect.

25. Logo Use License

By entering into this Agreement, you hereby grant SMTPDog a non-exclusive, royalty-free right to use your brand name or logo solely for the purpose of promotion and of referencing you as a customer of the Platform.

SMTPDog may use your logo on its website, in marketing materials, case studies and other promotional content. We agree to use your logo in a professional manner and in accordance with any brand guidelines you provide. This logo license is non-transferable and shall remain in effect for the term of this Agreement and any subsequent renewal periods, unless either party terminates it in writing by sending an email to support@smtpdog.com. If you do not want your brand name or logo to be displayed, you may at any time send a request to support@smtpdog.com, and we will stop using it within a reasonable period after receiving your request.

26. Acceptable Use

The Service may be used only in accordance with Sections 9 and 10 of these Terms.

27. Acknowledgment

By using the Service or other services we provide, you acknowledge that you have read these Terms of Service and agree to be bound by them.

28. Contact Us

Please send your feedback, comments, copyright notices or technical support requests by email to: support@smtpdog.com.