1. Acceptance of Terms

By creating an account or using the Service, you accept these Terms, and affirm that you are at least 18 years old and have the legal capacity to enter into this agreement.

2. Description of Service

Respectful Email provides a platform for users to create, send, and analyze email marketing activities. We prioritize the privacy and security of both our users and their subscribers.

3. Account Registration

3.1 Account Creation

To use the Service, you must create an account by providing accurate and complete information.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

4. User Conduct

4.1 Violate Laws

You may not use the Service in any manner that violates any applicable laws or regulations.

4.2 Spam

You may not send unsolicited emails (“spam”) or emails that violate applicable anti-spam laws, including the CAN-SPAM Act, GDPR, and other relevant regulations.

4.3 Mislead

You may not use misleading or deceptive subject lines or content in your emails.

4.4 Harm

You may not use the Service to transmit any viruses, malware, or other harmful content.

4.5 Offensive

You may not use the Service to transmit any content that is offensive or abusive.

5. Subscriber Data

5.1 Consent

You must obtain explicit consent from your subscribers before sending them emails using our Service.

5.2 Data Responsibility

You are responsible for the accuracy and legality of the subscriber data you upload to the Service.

5.3 Privacy Compliance

You agree to comply with all applicable privacy laws and regulations, including providing appropriate notices and obtaining necessary consents from subscribers.

6. Payment and Subscription

6.1 Fees

You agree to pay all applicable fees for the Service, as described on our pricing page.

6.2 Billing

We will bill you in advance on a recurring basis (e.g., monthly or annually) for your subscription. All fees are non-refundable except as required by law.

6.3 Changes

We may change our fees at any time, but we will provide you with advance notice of any changes.

7. Intellectual Property

7.1 Ownership

Respectful Email and its licensors retain all rights, title, and interest in and to the Service, including all intellectual property rights.

7.2 License

We grant you a limited, non-exclusive, non-transferable license to use the Service in accordance with these Terms.

8. Termination

8.1 Termination by You

You may terminate your account at any time through our user Account Settings or by contacting us at support@respectful.email.

8.2 Termination by Us

We may suspend or terminate your account for any reason, including the violation of these Terms or if your use of the Service creates risk or harm to us or others.

8.3 Effect of Termination

Upon termination, your right to use the Service will immediately cease, and we may delete your account and data.

9. Disclaimers and Limitation of Liability

9.1 “As-Is” Service

The Service is provided on an “as-is” and “as-available” basis. We disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

9.2 Limitation of Liability

To the fullest extent permitted by law, Respectful Email will 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, resulting from your use of the Service.

10. Indemnification

You agree to indemnify and hold harmless Respectful Email, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorney’s fees, arising out of or in any way connected with your use of the Service or your violation of these Terms.

11. Governing Law and Dispute Resolution

11.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the state of Michigan in the United States, without regard to its conflict of law principles.

11.2 Dispute Resolution

Any disputes arising out of or relating to these Terms or the Service will be resolved through binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.

12. Changes to Terms

We may update these Terms from time to time. We will notify you of any significant changes by posting the new Terms on our website and updating the effective date. Your continued use of the Service after such changes constitutes your acceptance of the updated Terms.