Terms of Service

DRAFT — pending operator legal sign-off. Grounded in the platform's actual behavior (audited 2026-07-24). Bracketed items require operator decisions. Not legal advice; requires review by qualified counsel before publication.

Last updated: [DATE]

These Terms govern use of InboxTempo (inboxtempo.com), operated by [OPERATOR LEGAL ENTITY NAME], [REGISTERED ADDRESS] ("we", "us"). By creating an account you agree to these Terms, the Acceptable Use Policy (the "AUP"), the Privacy Policy, and — if you upload personal data of your contacts — the Data Processing Addendum (the "DPA"), all of which are incorporated by reference. If you do not agree, do not use the service.

1. The service; beta status

The platform lets business customers verify their own sending domains, upload their own contact lists, and send email campaigns through our shared sending infrastructure.

The service is in beta. Features, limits, and pricing may change; availability is not guaranteed; and we may impose additional protective restrictions at any time. We will give reasonable notice of material changes where practicable.

2. Eligibility and accounts

The service is for business use by persons 18 or older with authority to bind the business they register. You are responsible for your credentials, for all activity under your account, and for your team members' compliance. Email verification is required before an account is usable.

3. Vetting, approval, and the right to refuse

Because all customers share sending infrastructure, sending is a privilege granted after review, not a default:

  • New accounts must complete a vetting questionnaire (company identity, website, list provenance, opt-in method, expected volume) and be approved before any sending.
  • We may reject an application, or approve with restrictions, at our sole discretion.
  • We may suspend an approved account at any time for AUP violations, deliverability risk, or non-payment. Suspension stops all sending immediately.

4. Sending prerequisites (technical gates)

The platform will not send a campaign unless, at time of send, all of the following hold — these gates are enforced in code and are a condition of service, not a courtesy:

  1. your account is vetted and approved (and not suspended);
  2. your subscription is active or in trial (see §7 for the past-due grace period);
  3. the sending domain for the campaign is verified (DNS ownership, DKIM, SPF, DMARC, bounce records) and remains verified — lapsed DNS blocks sending automatically;
  4. your business's physical mailing address is on file and present in the message (CAN-SPAM/CASL requirement).

5. Your content and your lists

  • You retain ownership of your lists, templates, and campaign content. You grant us the license needed to host, process, and transmit them to provide the service.
  • You warrant that you have a lawful basis to email every recipient on every list you upload, that your consent attestations are true, and that your use complies with all applicable law (including CAN-SPAM, CASL, GDPR/UK GDPR, and PIPEDA, as applicable to you and your recipients). For recipient personal data, you are the data controller and we process it under the DPA.
  • We may review content and lists for AUP compliance (including flagged imports declared with a non-standard consent basis) but have no obligation to do so, and review does not transfer any responsibility to us.

6. Shared infrastructure, limits, and automated protections

You acknowledge and agree that:

  • Sending rides a shared IP; deliverability depends on all customers' behavior.
  • New accounts and domains are subject to warm-up schedules and daily caps that grow automatically with demonstrated performance (starting at 200 messages/day), and we may throttle, reschedule, or spread sends to protect the infrastructure.
  • Campaigns to new lists start with a probe cohort (first 500 recipients) that must pass before the remainder sends.
  • Campaigns auto-pause and accounts auto-suspend at the bounce/complaint thresholds published in the AUP, and a platform-wide sending halt may occur if the shared IP's reputation is at risk. These protections operate automatically and take precedence over any scheduled send. We are not liable for delays or non-delivery they cause.
  • The platform automatically inserts one-click unsubscribe headers, an unsubscribe page link, and tracking (open pixel and rewritten click links) into campaign messages. Tampering with these is a material breach.
  • Suppression lists are enforced: the platform will not send to addresses that have unsubscribed, complained, or hard-bounced, and you cannot remove non-manual suppressions.

7. Fees, trial, and non-payment

  • Plans, contact limits, and monthly send allowances (12× the plan's contact limit) are as published on the pricing page. [PRICING PENDING OPERATOR SIGN-OFF.]
  • The free trial lasts 14 days, requires a card on file, and is capped at 500 messages sent in total regardless of other limits.
  • Billing is processed by Stripe. Fees are exclusive of taxes; taxes are your responsibility.
  • If payment fails, sending continues for a 7-day grace period, after which sending is blocked until payment is made. We may suspend or terminate persistently delinquent accounts.
  • Contact-limit enforcement applies at import time: imports that would exceed your plan's contact limit are rejected.

8. Data protection

Our processing of your account data is described in the Privacy Policy. Our processing of your recipients' data is governed by the DPA. Two platform-protection practices are a condition of service and survive termination: (a) unsubscribe/complaint/hard-bounce suppression records are retained indefinitely and enforced platform-wide, and (b) consent attestations and minimal send-proof records are retained as compliance evidence.

9. Acceptable use

The AUP is part of these Terms. Violations — including false consent attestations, prohibited lists, or circumventing platform protections — may result in immediate suspension or termination without refund.

10. Suspension and termination

  • By you: you may cancel at any time; cancellation takes effect at the end of the current paid period, and no prorated or partial refunds are given for unused time.
  • By us: we may suspend immediately for AUP breach, deliverability risk (including the automated triggers in §6), unlawful use, or non-payment, and may terminate for material breach or where required to protect the platform or comply with law.
  • After termination: we will make your data available for export on request for 30 days, after which we delete it, except the compliance records identified in §8 and operational backups/audit logs, which we retain per the Privacy Policy.

11. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT DELIVERABILITY, INBOX PLACEMENT, UPTIME, OR THAT THE SERVICE WILL BE ERROR-FREE. BETA STATUS MEANS INTERRUPTIONS AND CHANGES SHOULD BE EXPECTED. YOU REMAIN SOLELY RESPONSIBLE FOR YOUR COMPLIANCE WITH EMAIL AND PRIVACY LAW — PLATFORM FEATURES (UNSUBSCRIBE HANDLING, ADDRESS FOOTERS, SUPPRESSION) ASSIST BUT DO NOT GUARANTEE YOUR COMPLIANCE.

12. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW: (a) NEITHER PARTY IS LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS, REVENUE, DATA, OR GOODWILL; AND (b) OUR TOTAL AGGREGATE LIABILITY ARISING FROM THE SERVICE IS LIMITED TO THE FEES YOU PAID US IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY. NOTHING LIMITS LIABILITY THAT CANNOT BE LIMITED BY LAW.

13. Indemnity

You will defend and indemnify us against third-party claims, regulatory penalties, and losses arising from your content, your lists, your consent attestations, or your breach of these Terms or applicable law — including anti-spam and data-protection claims by your recipients or regulators.

14. Changes to these Terms

We may update these Terms; material changes will be notified to account holders by email at least 14 days before taking effect. Continued use after the effective date is acceptance.

15. General

Governing law and venue: [GOVERNING LAW & VENUE — BLOCKED on entity facts. If the entity is Canadian as the infrastructure suggests, the pre-drafted recommendation is: "the laws of the Province of Ontario and the federal laws of Canada applicable therein, exclusive venue the courts sitting in Toronto, Ontario" — see GAP-REPORT §1a for the Ontario-vs-Québec analysis]. These Terms plus incorporated policies are the entire agreement; if any provision is unenforceable the remainder stands; failure to enforce is not waiver; you may not assign without our consent; we may assign to a successor. Notices to you go to your account email; notices to us go to [email protected].