Terms and Conditions

Last modified: June 3rd, 2023

By using the emailjs.com website and making use of EmailJS, a service offered by EmailJS Pte. Ltd. ("the Company"), you are agreeing to be bound by the following Terms and Conditions. These Terms and Conditions cover all present and future features provided by your EmailJS account individually and collectively referred to as the "Service".

If you are agreeing to these Terms and Conditions on behalf of a company or another legal entity, you represent that you have the authority to bind such entity, its affiliates and all users who access the Service through your account to these Terms and Conditions. In the absence of such an authority, you may not use the Service.

Users of the Service

This Service is provided exclusively to individuals who are at least 16 years of age. Accounts registered by "bots" or automated methods are not authorized and will be terminated. Each user is solely responsible for all of his, her, or their messages sent through the Service.

Use of the Service

You agree to not use this Service for any unlawful or prohibited activities. You also agree to not disrupt the Company's networks and servers.

For the purpose of these Terms and Conditions, Spam shall refer to irrelevant or unsolicited messages sent over the internet, typically to large numbers of users, for the purposes of advertising, phishing, spreading malware or virus ("Spam").

You agree to not use the Service to send Spam, junk mail, bulk emails or mailing list emails that contain persons that have not specifically agreed to be included on that list. You further agree to not use the Service to store or share unlawful content.

Any account found to be sending, storing or sharing the aforementioned type of emails or contents will be immediately suspended.

Having multiple free accounts is not considered acceptable use of our service (e.g. bulk-signups, a large number of free accounts created by a single organization or individual). Free accounts can also only be created and maintained by their effective users. The Company reserves the right to take actions against any free account considered abusive in that regard.

Trading or selling an EmailJS account to a third party is prohibited and the Company reserves the right to suspend infringing accounts.

We may also terminate accounts that are being used for illegal activities, particularly in response to court orders from the competent authorities informing us of such illegal activity.

The Company has no obligation to store or forward the contents of terminated accounts.

Although it is not the current practice, we reserve the right to suspend or delete accounts that are inactive for over one year. Paid accounts with active paid status are not subject to this measure.

Limited Warranties and Liability

The Company cannot make any warranty about the reliability of the Service or guarantee the security of user data, despite best efforts. The Service is provided "as is" and you agree to not hold the Company responsible nor to seek indemnification for any damages that may arise as a result of the loss of use, data, or profits connected to the performance of the Service or failure in such performance.

Furthermore, you will not hold the Company liable or seek indemnification if confidential material is unintentionally released as the result of a security failure or vulnerability in the performance of the Service.

We may make improvements and changes to the Service at any time without notice.

Service Level Agreement (SLA)

For Paid Plans users, the Company aims to provide Service availability of 99% or better. If downtime in any one month exceeds 1% of that month, the Company will credit the user's account. Service credits are applied at the user's request and will apply toward the balance due at the end of the next billing cycle (either monthly or yearly).

The Company calculates service credits in the following way:

• If the monthly uptime is less than 99% but equal to or greater than 95%, the service credit is equal to 10% of the Service's monthly cost.
• If the monthly uptime is less than 95%, the service credit is equal to 30% of the Service's cost.

Some performance issues are excluded from downtime calculations, such as:

• Issues caused by factors outside of the Company's reasonable control.
• Issues that resulted from any actions or inaction by a user or a third party.
• Issues that resulted from the user's equipment and/or third-party equipment (not within the primary control of the Company). For the avoidance of any doubt, the Company does not provide any internet or network services and any performance issues related to that type of services shall be deemed not in the primary control of the Company.
• Issues that arise from the Company's suspension or termination of rights to use the Service in accordance with our Terms and Conditions.
• Downtime caused by reasonable scheduled maintenance that is announced in advance.

Indemnification

You agree that the Company, and any parents, subsidiaries, officers, employees, or third-party contractors cannot be held responsible for any third-party claim, demand, or damages, including reasonable attorneys' fees, arising out of your use of this Service.

Privacy

Our Privacy Policy explains the way we handle and protect your personal data and privacy in relation to your use of the Service and your browsing of the EmailJS websites. By agreeing to the present Terms and Conditions and to be able to use the Service, you also agree to our Privacy Policy.

To the extent that EmailJS processes any personal data that is subject to the EU General Data Protection Regulation (GDPR), on the user's behalf, in the provision of the Service, the terms of the EmailJS Data Processing Agreement, which are hereby incorporated by reference, shall apply.

Terms of Payment

Due to their nature, the paid Services provided by the Company are generally non-refundable and any refunds or credits given will be at the sole discretion of the Company. Paid accounts that are terminated due to a violation of these Terms and Conditions will incur the loss of all payments and credits and are not eligible for a refund.

If the Company chooses to issue a refund for any reason, the Company is only obligated to refund in the original currency of payment and to the original payment method. If you request a credit balance to be converted between different currencies which the Company supports, the Company has discretion over the exchange rate applied.

The Company has the right to discontinue service immediately if a fraudulent payment is detected, such as the use of a stolen credit card, and such cases may be further referred to the competent authorities.

You authorize the Company to charge your selected payment method supplied on a monthly or annually recurring basis (depending on your selection). Credit balances will also automatically be deducted on a monthly or annual basis. You are responsible for keeping your payment method information up to date.

If you fail to fulfill your obligation of payment as a user of a paid account, we may suspend your account or delete it after an extended period of default.

If you rely on dispute or chargeback mechanisms of third-party payment processors and the result of that mechanism causes the Company to be liable for an amount exceeding the price paid for the service (e.g. dispute fee), you authorize the Company to charge that amount on your account.

Modification to Terms and Conditions

Within the limits of applicable law, the Company reserves the right to review and change this agreement at any time. You are responsible for regularly reviewing these Terms and Conditions. Continued use of the Service after such changes shall constitute your consent to such changes.

Applicable Law

The EmailJS, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the EmailJS Services, their interpretation, or the breach, termination or validity thereof, the relationships which result from or pursuant to the EmailJS Terms, or any related transaction or purchase, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of Singapore, without respect to its conflict of laws principles.

Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by, a court of competent jurisdiction located in Singapore. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.

Subject to any applicable law, all disputes between you and EmailJS shall only be resolved on an individual basis, and you shall not have the right to bring any claim against EmailJS as a plaintiff or a member of a class, consolidated or representative actions (or any other legal proceedings conducted by a group or by representatives on behalf of others).