Terms of Service

By accessing or using TownSend ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.

These Terms constitute a legally binding agreement between you and TownSend. We reserve the right to modify these Terms at any time, and such modifications will be effective immediately upon posting.

TownSend is an email infrastructure platform that enables users to send bulk and transactional emails with built-in compliance features. The Service includes:

• Email sending engine with rate limiting and warm-up capabilities
• Domain verification (SPF, DKIM, DMARC) wizard
• CAN-SPAM Act compliance automation
• Auto-pause and reputation protection features
• Audience management and CSV import
• Analytics and reporting
• White-label capabilities (for applicable plans)

To use TownSend, you must create an account and provide accurate, complete information. You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized use
• Ensuring your account information remains current and accurate

You must be at least 18 years old to create an account. Accounts registered by automated methods or on behalf of multiple entities are not permitted.

You agree to use TownSend only for lawful purposes and in accordance with these Terms. You may NOT:

• Send unsolicited emails (spam) or violate the CAN-SPAM Act
• Send emails containing malware, viruses, or harmful content
• Use purchased, rented, or scraped email lists without proper consent
• Impersonate any person or entity or misrepresent your affiliation
• Engage in phishing, fraud, or any illegal activities
• Send content that is defamatory, obscene, or violates intellectual property rights
• Attempt to bypass rate limits or manipulate the warm-up system
• Interfere with or disrupt the Service or servers
• Use the Service to send emails on behalf of third parties without authorization

Violation of this Acceptable Use Policy may result in immediate suspension or termination of your account without refund.

You are responsible for ensuring your emails comply with all applicable laws, including but not limited to:

• The CAN-SPAM Act (United States)
• GDPR (European Union)
• CASL (Canada)
• Other applicable data protection and anti-spam regulations

While TownSend provides tools to help with compliance (automated footers, unsubscribe links), you are ultimately responsible for the content and recipients of your emails.

TownSend offers various subscription plans as detailed on our Pricing page. By subscribing, you agree to:

• Pay all fees associated with your selected plan
• Provide valid payment information
• Automatic renewal at the end of each billing cycle unless canceled
• Price changes with 30 days advance notice

All payments are processed securely through Stripe. Fees are non-refundable except as required by law or as explicitly stated in our refund policy.

You may cancel your subscription at any time through your account settings. Cancellations take effect at the end of the current billing period.

TownSend implements sending limits based on your plan to protect email deliverability and domain reputation:

• Starter Plan: Up to 150 emails/day after warm-up period
• Pro Plan: Up to 500 emails/day after warm-up period
• Custom limits available for White-Label Suite and Enterprise plans

We may temporarily reduce or suspend sending capabilities if we detect unusual activity, high bounce rates, or complaints to protect our infrastructure and your domain reputation.

TownSend and its original content, features, and functionality are owned by TownSend and are protected by international copyright, trademark, and other intellectual property laws.

You retain ownership of the content you create and send through TownSend. By using the Service, you grant us a limited license to process, transmit, and display your content solely to provide the Service.

Your use of TownSend is also governed by our Privacy Policy. We implement industry-standard security measures to protect your data, but we cannot guarantee absolute security.

You are responsible for maintaining appropriate security measures for your email recipients' data and complying with applicable data protection laws.

While we strive to provide reliable service, TownSend is provided "as is" and "as available." We do not guarantee:

• Uninterrupted or error-free operation
• 100% email deliverability
• Specific uptime percentages
• Compatibility with all systems and browsers

We reserve the right to modify, suspend, or discontinue any part of the Service at any time with reasonable notice.

To the maximum extent permitted by law, TownSend shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities.

Our total liability for any claims related to the Service is limited to the amount you paid us in the 12 months preceding the claim.

You agree to indemnify and hold harmless TownSend from any claims, losses, liabilities, damages, costs, or expenses arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Content you send through the Service

We may terminate or suspend your account immediately, without prior notice, if you breach these Terms. Upon termination:

• Your right to use the Service ceases immediately
• We may delete your data after a reasonable grace period
• Outstanding fees remain due and payable
• You may export your data before the grace period expires

These Terms are governed by the laws of [Your Jurisdiction], without regard to conflict of law provisions. Any disputes shall be resolved through binding arbitration in accordance with [Arbitration Rules], except for claims that may be brought in small claims court.

For questions about these Terms, please contact us:

• Email: legal@mailtown.io
• Address: [Your Business Address]