Terms of Service
These terms govern your use of SMTPPro's email delivery platform and related services.
Last updated: January 15, 2025
Agreement to Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you and SMTPPro, Inc. ("SMTPPro," "we," "us," or "our") regarding your use of our email delivery platform and related services (the "Service").
Important: By accessing or using our Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.
Service Description
SMTPPro provides email delivery infrastructure and related services, including:
SMTP Relay Services
High-performance email delivery infrastructure
Email API
RESTful API for programmatic email sending
Analytics & Reporting
Delivery tracking and performance metrics
Deliverability Tools
Spam filtering and reputation management
Account Registration and Security
Account Creation
To use our Service, you must create an account and provide accurate, complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
Account Responsibilities
- Maintain accurate and up-to-date account information
- Use strong passwords and enable two-factor authentication
- Notify us immediately of any unauthorized access
- Comply with all applicable laws and regulations
Acceptable Use Policy
You agree to use our Service only for lawful purposes and in accordance with this Acceptable Use Policy. You may not use our Service to:
Prohibited Content
- Send spam or unsolicited emails
- Distribute malware or phishing content
- Send illegal or harmful content
- Violate intellectual property rights
Prohibited Activities
- Attempt to breach security measures
- Reverse engineer our software
- Overload or disrupt our systems
- Use automated tools without permission
Enforcement: Violation of this policy may result in immediate suspension or termination of your account. We reserve the right to investigate and take appropriate action against any violations.
Billing and Payments
Pricing and Fees
Our current pricing is available on our website. Prices may change with 30 days' notice for new charges. Existing subscription rates are grandfathered until renewal or plan changes.
Payment Terms
- Subscription fees are billed monthly or annually in advance
- Usage fees are billed monthly in arrears
- All fees are non-refundable except as required by law
- Late payments may result in service suspension
- You're responsible for all taxes and fees
Service Level Agreement
If we fail to meet our 99.9% uptime guarantee in any calendar month, you may be eligible for service credits. Downtime caused by scheduled maintenance, your actions, or circumstances beyond our control is excluded.
Data Protection and Privacy
We are committed to protecting your data and maintaining your privacy. Our data handling practices are governed by our Privacy Policy.
Your Data
You retain ownership of all content you send through our Service. We process your data solely to provide the Service and in accordance with your instructions.
Data Security
We implement industry-standard security measures including encryption, access controls, and regular security audits to protect your data.
Intellectual Property
Our Rights
SMTPPro and our licensors own all right, title, and interest in the Service, including all software, technology, and intellectual property. You may not copy, modify, or distribute our Service without permission.
Your Content
You grant us a limited license to process, transmit, and store your content solely to provide the Service. You represent that you have all necessary rights to your content and that it doesn't infringe third-party rights.
Disclaimers and Limitations
Service Disclaimers
Our Service is provided "as is" without warranties of any kind. We disclaim all warranties, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, and non-infringement.
Limitation of Liability
In no event shall SMTPPro be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, even if we have been advised of the possibility of such damages. Our total liability shall not exceed the amount you paid us in the twelve months preceding the claim.
Termination
Termination by You
You may terminate your account at any time through your account settings or by contacting support. Termination will be effective at the end of your current billing period.
Termination by Us
We may suspend or terminate your account immediately if you violate these Terms, engage in fraudulent activity, or for other legitimate business reasons. We'll provide notice when possible.
Effect of Termination: Upon termination, your access to the Service will cease, and we may delete your data after a reasonable period. You remain liable for all charges incurred before termination.
Legal Provisions
Governing Law
These Terms are governed by the laws of the State of California, without regard to conflict of law principles.
Dispute Resolution
Any disputes will be resolved through binding arbitration in San Francisco, California, rather than in court.
Severability
If any provision of these Terms is found unenforceable, the remaining provisions will continue in full force.
Changes to Terms
We may update these Terms from time to time. When we make material changes, we will:
- Provide at least 30 days' notice via email
- Update the "Last updated" date
- Post the new Terms on our website
- Allow you to terminate if you don't agree to the changes
Questions About These Terms?
If you have questions about these Terms of Service, please contact our legal team:
Legal Address
SMTPPro, Inc.
123 Market Street, Suite 400
San Francisco, CA 94105