The agreement between you and TenbaMail for the use of our email sending and marketing platform.
These Terms of Service ("Terms") govern your access to and use of the TenbaMail platform, websites, APIs and related services (collectively, the "Service") operated by TenbaMail ("TenbaMail", "we", "us" or "our"). By creating an account, accessing or using the Service, you agree to be bound by 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.
You must be at least 18 years old and capable of forming a binding contract to use the Service. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Notify us immediately at [email protected] of any unauthorized use.
You agree to provide accurate, current and complete information during registration and to keep it up to date.
You may only use the Service to send email to recipients who have given you permission to contact them. You must comply with our Anti-Spam Policy, all applicable laws (including the CAN-SPAM Act, GDPR, CASL and similar regulations), and the following. You agree not to:
We reserve the right to review sending activity and to refuse, filter or throttle traffic that we reasonably believe violates these Terms or harms deliverability for other customers.
You retain all rights to the contacts, message content and other data you upload or generate through the Service ("Customer Data"). You grant us a limited license to host, process and transmit Customer Data solely as needed to provide the Service. Our handling of personal data is described in our Privacy Policy and, where applicable, our GDPR commitments.
You are solely responsible for the accuracy, quality and legality of Customer Data and for obtaining the consents necessary to send messages through the Service.
Paid plans are billed according to the pricing in effect when you subscribe or as otherwise agreed in writing. Unless stated otherwise, fees are non-refundable, exclusive of taxes, and charged in advance. We may change pricing with reasonable prior notice; changes take effect at the start of your next billing cycle.
We work to keep the Service available and reliable, but it is provided on an "as available" basis. We may perform maintenance, updates or modifications that temporarily affect availability. Where a separate Service Level Agreement applies to your plan, that SLA governs uptime commitments.
The Service, including its software, design, trademarks and documentation, is owned by TenbaMail and its licensors and is protected by intellectual-property laws. These Terms grant you a limited, non-exclusive, non-transferable right to use the Service and do not transfer any ownership to you.
You may stop using the Service and close your account at any time. We may suspend or terminate your access, with or without notice, if you violate these Terms, create risk or legal exposure for us, or engage in sending activity that threatens deliverability or the integrity of the Service. Upon termination, your right to use the Service ceases; we may delete Customer Data after a reasonable retention period as described in our Privacy Policy.
Except as expressly stated, the Service is provided "as is" and "as available" without warranties of any kind, whether express, implied or statutory, including 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 any specific deliverability, open or conversion rate will be achieved.
To the maximum extent permitted by law, TenbaMail and its affiliates will not be liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, revenues, data or goodwill. Our total liability arising out of or relating to the Service will not exceed the amounts you paid to us for the Service in the twelve (12) months preceding the event giving rise to the claim.
We may update these Terms from time to time. If we make material changes, we will notify you by email or through the Service before they take effect. Your continued use of the Service after the effective date constitutes acceptance of the revised Terms.
Questions about these Terms? Reach us at [email protected] or visit our Support page.