Terms of service

1. The service

emitemail sends transactional email for you by API and SMTP, from our own mail servers in Canada, and shows you what happened to it. By creating an account or sending mail through emitemail you accept these terms and the acceptable use policy and privacy policy. If you use emitemail for a company, you confirm you can bind it.

2. Your account

• Give accurate details and keep your password and API keys secret. You are responsible for what is sent with your keys. If a key leaks, revoke it in the dashboard and tell us.
• You must be able to form a binding contract where you live. emitemail is not for children.
• We may ask you to confirm your email address before you can create API keys.
• You may send only from domains you control and have verified.

3. Plans, caps and billing

• Each plan has a monthly sending cap shown on the pricing page. Every recipient counts as one email. The Free plan also has a daily limit.
• The cap is hard. When you reach it, sending pauses and requests are refused. We never charge you for going over. The count resets at the start of each calendar month (UTC). You can upgrade at any time to raise the cap.
• Paid plans are billed monthly in advance through our payment provider, Stripe. We do not see or store your card number. Prices are in the currency shown at checkout and may exclude taxes, which we add where required.
• You can cancel at any time in the billing page; the plan then continues until the end of the period you paid for. Fees already paid are not refunded, except where the law requires it or we say otherwise in writing.
• We may change prices or caps with at least 30 days' notice by email. The change applies from your next billing period, and you may cancel before then.

4. What you may send

emitemail is for transactional email. What that means, and what is not allowed, is set out in the acceptable use policy. You are responsible for having the right to email every recipient, and for following the anti-spam and privacy laws that apply to you and to them, including Canada's CASL, the US CAN-SPAM Act and the GDPR where relevant.

5. Suppression and enforcement

To protect the reputation of the mail servers all customers share, emitemail automatically stops mailing addresses that bounced permanently or reported spam. We may also limit, pause or suspend sending, or close an account, if we reasonably believe it breaks these terms or the acceptable use policy, is hurting other customers' deliverability, or is putting our systems at risk. Where we can, we tell you first and give you a chance to fix the problem; for serious or urgent abuse we may act first.

6. Your data

You own your content and your recipient data. You give us permission to process them only to provide emitemail to you: to send, log and troubleshoot your mail. For the personal information of your recipients, you decide why and how it is used and we process it on your behalf; the privacy policy explains how. If your law requires a data processing agreement, ask us at hello@emitemail.com.

7. Availability and delivery

We work hard to keep emitemail running and your mail moving, but at this stage we do not promise any particular uptime. We cannot promise that any message will be delivered or will reach the inbox rather than the spam folder: that depends on the receiving mail system, on your content and on your sending history. "Sent" and "delivered" in the dashboard mean what they say and no more. Do not rely on emitemail alone for anything where a missed email could cause serious harm.

8. Warranty and liability

The service is provided "as is" and "as available", without warranties of any kind beyond those the law does not let us exclude. To the extent the law allows, we are not liable for indirect or consequential loss, lost profits, lost data or lost business. Our total liability to you for anything arising out of the service is limited to the greater of the fees you paid us in the 12 months before the event and CAD $100. Nothing in these terms limits liability that cannot be limited by law.

9. Your responsibility to us

You agree to cover the losses and reasonable legal costs we suffer because of a claim from a third party that your use of emitemail (including the content of your emails, or sending to people who had not agreed to hear from you) broke the law or someone's rights.

10. Ending the relationship

You can close your account whenever you like. We may end or suspend your access as set out in section 5, or on 30 days' notice for any reason. After an account is closed we delete or anonymise its data as described in the privacy policy. Sections that by their nature should survive (such as 6, 8, 9 and 12) do.

11. Changes to these terms

We may update these terms. If a change matters, we will email you or post a notice in the dashboard at least 30 days before it takes effect. If you keep using emitemail after that, you accept the new terms.

12. Law and disputes

These terms are governed by the laws of [province] and the federal laws of Canada that apply there. Courts in [province] have exclusive jurisdiction, except that nothing here removes rights you have as a consumer under the law of the place you live.

13. Contact

Questions about these terms: hello@emitemail.com. To report abuse: abuse@emitemail.com.