Terms and Conditions

By creating an account, purchasing capacity, accessing, or using the Service, you agree to these Terms, our Privacy Policy, and the Acceptable Use Policy in Section 5. If you do not agree, do not access or use the Service.

1. Acceptance of Terms

These Terms constitute a legally binding agreement between you ("User," "you," or "your") and the Company governing your access to and use of the Service.

You represent that you have authority to accept these Terms for yourself and, where applicable, the business or organization on whose behalf you use the Service.

If you use the Service on behalf of an organization, that organization is the User and is responsible for compliance with these Terms and for the acts and omissions of its personnel, agents, contractors, and other persons using its accounts or credentials.

2. Service Description

SMTPS.IO provides email delivery infrastructure services, including:

• SMTP relay services;
• Email authentication, including DKIM, SPF, and DMARC configuration;
• Dedicated IP addresses, on plans that include them;
• Analytics and reporting;
• API access;
• SMTP credential and API key management; and
• Related technical and support services.

We may modify, suspend, restrict, or discontinue any part of the Service at any time, including for maintenance, security, abuse prevention, legal compliance, or operational reasons.

We do not guarantee that the Service will remain available indefinitely or that any particular feature, IP address, sending route, or delivery capability will remain available.

3. Eligibility and Customer Representations

To use the Service, you must:

• Be at least 18 years old or the age of majority in your jurisdiction;
• Have legal capacity to enter into a binding agreement;
• Not be prohibited from using the Service under applicable law;
• Provide accurate, current, and complete registration information;
• Represent a legitimate business, organization, or lawful individual use case with lawful email communication needs;
• Have the legal right and authority to use the sender identities, domains, email addresses, content, data, and other resources associated with your use of the Service; and
• Not be located in, organized in, or ordinarily resident in a country or region subject to comprehensive U.S. sanctions, and not be named on any U.S. government restricted-party list, such as the OFAC Specially Designated Nationals List.

You represent and warrant that your use of the Service, your email communications, and the recipients to whom you send messages will comply with all applicable laws, regulations, contractual obligations, and third-party rights.

You will not use the Service in violation of U.S. or other applicable export-control or sanctions laws.

4. Account Registration and Security

4.1 Account Creation

You must provide accurate, current, and complete information and promptly update information that becomes inaccurate or incomplete.

We may request additional information or verification when reasonably necessary for security, fraud prevention, abuse prevention, payment processing, compliance, or legal purposes.

4.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials;
• All activity conducted through your account, credentials, API keys, SMTP credentials, domains, and sub-accounts, except to the extent caused solely by our misconduct;
• Promptly notifying us of unauthorized access or a security incident;
• Maintaining appropriate security controls for your credentials and systems; and
• Ensuring that your personnel, contractors, and other authorized users comply with these Terms.

4.3 Account Sharing

Account credentials may not be shared with unauthorized third parties. You may create additional credentials or sub-accounts where supported by your plan.

You remain responsible for activity conducted through credentials you issue or authorize.

4.4 Sender and Domain Authorization

You represent and warrant that you are authorized to use each:

• Sender email address;
• Sending domain;
• Domain name;
• Brand or organization identity;
• IP address, where applicable;
• SMTP credential or API credential; and
• Other identity or resource associated with messages sent through the Service.

You may not use the Service to impersonate another person or organization or to send messages from a domain or identity without appropriate authorization.

5. Acceptable Use Policy

You agree to use the Service only for lawful purposes and in compliance with all applicable laws and regulations, including applicable:

• Anti-spam and electronic communications laws;
• Consumer-protection laws;
• Privacy and data-protection laws;
• Intellectual-property laws;
• Computer-crime and cybersecurity laws; and
• Regulations governing the content and recipients of your communications.

Where applicable, this includes laws such as the CAN-SPAM Act, GDPR, CASL, and other applicable national, state, provincial, or local requirements.

5.1 Email Requirements

Emails sent through the Service must, where applicable:

• Accurately identify the sender;
• Use accurate and non-deceptive subject lines and headers;
• Include required contact information;
• Include a valid physical mailing address where legally required;
• Provide an appropriate unsubscribe or opt-out mechanism for commercial communications;
• Honor legally required opt-out requests within the applicable period;
• Be sent only to recipients for whom you have an appropriate lawful basis or other authorization required by applicable law; and
• Comply with applicable requirements concerning consent, notice, suppression lists, data protection, and commercial communications.

These requirements are minimum contractual requirements and do not limit any stricter obligations imposed by applicable law.

6. Prohibited Activities

You may not use, or permit any person to use, the Service to:

• Send spam, unsolicited bulk email, or messages to purchased, harvested, scraped, or otherwise unlawfully obtained lists;
• Send phishing, credential theft, scams, fraud, or deceptive communications;
• Distribute malware, ransomware, viruses, trojans, malicious code, or other harmful software;
• Facilitate identity theft, account takeover, financial fraud, or other unlawful activity;
• Send illegal content or communications;
• Send child sexual abuse material or facilitate exploitation of children;
• Facilitate illegal drug or weapons transactions;
• Harass, threaten, stalk, intimidate, or abuse others;
• Impersonate or falsely represent another person, organization, brand, or government entity;
• Violate copyright, trademark, trade secret, privacy, publicity, or other third-party rights;
• Circumvent or attempt to circumvent security controls, authentication, rate limits, sending limits, abuse controls, or other technical restrictions;
• Probe, scan, attack, or interfere with our infrastructure or another party's systems;
• Use compromised accounts, credentials, servers, domains, or infrastructure;
• Knowingly send to invalid or fabricated addresses in a manner that creates abuse, reputation, or security risk;
• Operate deceptive lead-generation, traffic-generation, or affiliate schemes;
• Resell or redistribute the Service without written authorization;
• Use the Service in a manner reasonably likely to damage our IP reputation, domain reputation, deliverability, infrastructure, or relationships with upstream providers;
• Use the Service to evade a suspension, termination, block, suppression, or abuse control;
• Use the Service in violation of any applicable law, regulation, court order, or other lawful requirement; or
• Assist, facilitate, encourage, or attempt any of the foregoing.

We may establish additional technical or operational requirements for particular sending programs, industries, volumes, IP pools, or accounts.

7. Abuse Prevention, Monitoring, and Enforcement

7.1 Abuse Reports

Reports concerning spam, phishing, fraud, malware, impersonation, harassment, unauthorized use, or other prohibited activity may be sent to support@smtps.io. Please put "Abuse report" in the subject line and include the full message headers where possible.

We may investigate reports and may take any action we reasonably determine appropriate to protect the Service, users, recipients, third parties, or our infrastructure.

7.2 Automated and Human Review

To operate, secure, maintain, troubleshoot, and protect the Service, we may use automated systems and, where reasonably necessary and legally permitted, authorized personnel to review or process account information, metadata, technical information, traffic patterns, delivery information, abuse reports, and potentially message content.

We do not undertake a general obligation to monitor all communications. The absence of monitoring or detection does not constitute authorization of any activity or a waiver of our rights under these Terms.

7.3 Enforcement Actions

Where we reasonably believe that an account, message, domain, credential, IP address, or other resource presents a security, fraud, spam, abuse, legal, reputation, or operational risk, we may, without liability to the User to the maximum extent permitted by law:

• Reject or defer messages;
• Rate-limit or throttle sending;
• Restrict sending volume;
• Block recipients, domains, addresses, IP addresses, or traffic;
• Quarantine or isolate messages or resources;
• Disable API keys or SMTP credentials;
• Suspend or restrict accounts;
• Restrict, suspend, or remove sending privileges, domains, sender identities, or other Service resources;
• Suspend or remove dedicated IP addresses;
• Require additional verification;
• Require remediation or proof of compliance;
• Require reasonable information, documentation, and cooperation in connection with abuse, fraud, security, or legal investigations;
• Preserve relevant information;
• Terminate the account; or
• Take other reasonable measures necessary to protect the Service or comply with law.

We may take such action without prior notice when we reasonably believe immediate action is necessary.

8. Payment Terms

8.1 Pricing and Billing

• Plans are sold as a one-time purchase unless otherwise stated.
• There are no monthly or annual subscription fees and no automatic renewals unless expressly stated for a particular product.
• Payment is made in full at the time of purchase.
• Each purchase includes the total email allowance and maximum daily sending limit stated for the applicable plan.
• Remaining allowance does not expire unless an expiration date is stated.
• There are no usage-based or overage charges unless expressly stated.
• When you reach your daily sending limit, sending pauses until the limit resets at 00:00 UTC. When you use your total allowance, sending stops until you purchase additional capacity.
• Fees are non-refundable except where required by law or expressly stated otherwise.
• The price shown at checkout is the price for that purchase. Prices for future purchases may change.

8.2 Payment Methods

We accept the payment methods displayed at checkout, including credit and debit cards and supported cryptocurrencies.

• Cards are processed by our third-party payment processor. Card details are entered on the processor's secure checkout page and are not stored on our servers.
• Cryptocurrency payments are sent to the wallet addresses listed on our Cryptocurrency Payment page. After paying, contact our support team with your transaction ID so your purchase can be activated.

Cryptocurrency transactions are irreversible. You are responsible for verifying the payment address, amount, and blockchain network before sending funds; funds sent to the wrong address or over the wrong network cannot be recovered by us.

Your payment method is charged once for each purchase. We do not schedule recurring or automatic charges.

8.3 Taxes

Fees are exclusive of taxes unless otherwise stated. You are responsible for applicable taxes, duties, or governmental charges associated with your purchase or use of the Service, except taxes imposed on our net income.

9. Intellectual Property and User Content

9.1 Our Intellectual Property

All rights, title, and interest in the Service, including software, APIs, documentation, trademarks, service marks, designs, and related intellectual property, belong to the Company or its licensors.

9.2 Your Content

You retain rights you already hold in content you transmit through the Service.

You grant us a limited, non-exclusive right to host, process, transmit, reproduce, cache, and otherwise handle your content only as reasonably necessary to provide, secure, maintain, troubleshoot, improve, enforce, or legally operate the Service.

9.3 Feedback

Feedback, suggestions, or ideas you provide may be used by us without compensation or obligation to you.

10. Privacy, Data Processing, Retention, and Legal Requests

10.1 Privacy Policy

Our collection and use of personal information are governed by our Privacy Policy, which is incorporated into these Terms.

10.2 Service Data Processing

We process account information, technical information, email metadata, delivery information, security information, and other data as reasonably necessary to provide, secure, maintain, troubleshoot, support, improve, and protect the Service.

We do not sell email content. We may access, process, disclose, or review information, including content where reasonably necessary and legally permitted, to:

• Provide or troubleshoot the Service;
• Detect, prevent, investigate, or respond to spam, phishing, fraud, malware, abuse, security incidents, or other prohibited activity;
• Protect our users, recipients, infrastructure, personnel, or third parties;
• Enforce these Terms;
• Comply with applicable law or legal process; or
• Respond to an emergency involving imminent risk of harm where legally permitted.

10.3 Legal Process and Law Enforcement

We may cooperate with law enforcement agencies, courts, regulators, governmental authorities, and other authorized entities in connection with lawful investigations or legal proceedings.

We may preserve, access, use, disclose, restrict, or provide information when required or permitted by applicable law or legal process, including a subpoena, grand jury request, court order, warrant, preservation request, legal hold, nondisclosure or protective order, statutory or regulatory requirement, or other lawful governmental request.

Where permitted by law, we may comply with legal process or a governmental request without prior notice to the affected User. We may withhold notice when notice is prohibited by law or court order, or when we reasonably determine that notice could compromise an investigation, create a security risk, or expose a person to harm.

We may challenge, narrow, or seek clarification of legal process when we determine that doing so is appropriate. Nothing in these Terms requires us to disclose information when disclosure is prohibited by law or court order.

10.4 Data Retention and Preservation

We retain email metadata, logs, account information, security records, abuse records, and other information for periods described in our Privacy Policy or as reasonably necessary for legitimate business and security purposes.

Notwithstanding ordinary retention or deletion practices, we may retain information for longer when reasonably necessary to:

• Comply with law or legal process;
• Respond to a lawful preservation request;
• Comply with a legal hold;
• Investigate suspected abuse, fraud, security incidents, or violations of these Terms;
• Enforce our rights;
• Protect the Service or another person; or
• Resolve a dispute.

A User's request to delete information does not require deletion where retention is required or permitted by applicable law or legal process.

10.5 Security

We use reasonable administrative, technical, and organizational measures intended to protect information. No method of transmission, storage, or processing is guaranteed to be completely secure.

10.6 Personal Data in Messages You Send

You decide what personal data, such as recipient names and email addresses, you send through the Service, and you are responsible for having a lawful basis to process it and for giving any notices the law requires. For that data we act as your service provider (a "processor" under the GDPR) and will:

• Process it only to provide the Service, as described in these Terms and as you instruct through the Service;
• Require personnel with access to keep it confidential;
• Protect it with the measures described in our Privacy Policy;
• Use only the service providers described in our Privacy Policy, such as our hosting and email delivery partners;
• Help you respond to requests from individuals where we reasonably can;
• Notify you without undue delay after becoming aware of a personal data breach affecting it; and
• Delete it in line with our retention practices, unless the law requires us to keep it.

11. Termination and Suspension

11.1 Termination by You

You may stop using the Service at any time. Termination does not create a right to a refund of prepaid fees except where required by law.

11.2 Termination or Suspension by Us

We may suspend, restrict, or terminate your account immediately, with or without prior notice, when we reasonably determine that:

• You violated these Terms or an incorporated policy;
• Your activity presents a security, fraud, spam, abuse, legal, or operational risk;
• Your account or credentials appear compromised;
• Your account is associated with prohibited activity;
• Continued service could harm our infrastructure, reputation, users, recipients, or third parties;
• We receive legal process or are required to do so by law;
• Payment obligations are not satisfied; or
• Suspension or termination is otherwise reasonably necessary to protect the Service.

We are not required to disclose confidential security, abuse-detection, fraud-prevention, or law-enforcement information when providing notice of a suspension or termination.

11.3 Effect of Termination

Upon termination:

• Access to the Service may be revoked;
• Credentials and API keys may be disabled;
• Sending may be stopped immediately;
• Outstanding amounts become due;
• Data may be deleted in accordance with our retention policies, subject to legal, security, abuse, dispute, and preservation requirements; and
• Provisions that by their nature should survive termination will survive, including payment obligations, intellectual property provisions, disclaimers, limitations of liability, indemnification, dispute provisions, and provisions concerning legal process and confidentiality.

12. Disclaimers

We do not warrant that:

• The Service will be uninterrupted, timely, secure, or error-free;
• All emails will be accepted or delivered;
• Messages will avoid spam filters or blocklists;
• Any IP address or domain will maintain a particular reputation;
• The Service will satisfy your particular requirements;
• Defects will be corrected; or
• The Service will remain available or unchanged.

Email delivery depends on factors outside our control, including recipient-server policies, filtering systems, blocklists, network conditions, reputation systems, recipient configuration, and third-party providers.

The Service is not designed for emergency, life-safety, or other critical communications whose delay or failure could cause death, injury, or significant damage. Do not rely on it for such communications.

We do not guarantee that our systems will detect or prevent every prohibited use, security incident, fraudulent activity, spam message, phishing attempt, or other abuse.

A failure to detect, prevent, or immediately respond to prohibited activity does not constitute authorization, approval, or assumption of responsibility for that activity.

13. Limitation of Liability

No personal liability. These Terms are a contract with the Company only. To the maximum extent permitted by law, none of the Company's owners, members, managers, officers, employees, or agents will be personally liable to you for any obligation or claim arising from these Terms or the Service, and you will bring any such claim only against the Company.

14. Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Company and its owners, members, managers, officers, directors, employees, contractors, agents, affiliates, licensors, service providers, and representatives from and against claims, demands, investigations, proceedings, damages, losses, liabilities, penalties, costs, and reasonable attorneys' fees arising out of or relating to:

• Your use or misuse of the Service;
• Your violation of these Terms or an incorporated policy;
• Your violation of applicable law or regulation;
• Email content, data, or communications transmitted through your account;
• Spam, phishing, fraud, malware, abuse, or other prohibited activity associated with your account;
• Your violation of another person's rights;
• Your unauthorized use of a sender identity, domain, IP address, credential, or other resource;
• Security incidents caused by your systems, credentials, personnel, or users; or
• Claims that your use of the Service infringes or misappropriates third-party rights.

You may not settle a claim in a manner that admits wrongdoing by or imposes an obligation on the Company without the Company's prior written consent.

15. Modifications, Confidentiality, and General Provisions

15.1 Changes to Terms

We may modify these Terms from time to time. Material changes may be communicated by posting the revised Terms, email, account notice, or other reasonable means.

Updated Terms take effect when they are posted on this page, unless a later effective date is stated. Continued use after updated Terms take effect constitutes acceptance to the extent permitted by law. If you do not agree to the updated Terms, you must stop using the Service.

15.2 Confidentiality of Security and Legal Matters

You may receive non-public information concerning the Service, security measures, abuse investigations, or legal matters. You agree not to misuse or disclose such information except as authorized or required by law.

Nothing in this provision overrides a legally binding court order or other applicable legal right or obligation.

15.3 No Waiver

Our failure to enforce any provision of these Terms does not waive our right to enforce it later.

15.4 Severability

If any provision is found invalid or unenforceable, the remaining provisions will remain in effect to the maximum extent permitted by law.

15.5 Assignment

You may not assign these Terms or your account without our prior written consent, except where prohibited by law. We may assign these Terms in connection with a merger, acquisition, restructuring, sale of assets, or similar transaction.

15.6 Entire Agreement

These Terms, together with the Privacy Policy and other policies expressly incorporated by reference, constitute the agreement between you and the Company concerning the Service and supersede prior agreements concerning the same subject matter.

15.7 Force Majeure

We are not liable for any delay or failure to perform caused by events beyond our reasonable control, including natural disasters, power or internet outages, failures of hosting, network, or upstream email providers, cyberattacks, labor disputes, war, or government action.

15.8 Electronic Communications

You agree that we may provide notices and other communications to you electronically, by email to the address on your account or by posting them on our website or in your dashboard, and that these communications satisfy any legal requirement that they be in writing.

16. Governing Law, Dispute Resolution, and Contact

16.1 Governing Law

These Terms are governed by the laws of the State of Florida, United States, without regard to conflict-of-law principles, except to the extent applicable law requires otherwise.

16.2 Dispute Resolution

Except where prohibited by applicable law, disputes arising from these Terms or the Service will be addressed through good-faith negotiation and, if unresolved, binding arbitration administered by the American Arbitration Association under its applicable rules. The arbitration will take place in the State of Florida unless the parties agree otherwise.

Either party may seek emergency injunctive or other equitable relief in the state or federal courts located in the State of Florida. Either party may also bring an individual claim in small-claims court if it qualifies.

16.3 Class Action Waiver

To the maximum extent permitted by law, disputes will be resolved on an individual basis and neither party will participate in a class, collective, or representative action concerning the Service.

16.4 Contact Information

If you have any questions about these Terms, please contact us:

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By using SMTPS.IO, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.