Terms of Service

1. Agreement

These terms are between you (or the company you represent) and Aptire, 281 E Hamilton Ave #10, Campbell, CA 95008, USA. By creating an account or using the service you accept them. If you are agreeing on behalf of a company, you confirm you have the authority to do so.

2. Your account

You are responsible for what happens under your account, including what your teammates and your API keys do. Keep your credentials secret; an API key is a bearer credential and anyone holding it can send as your workspace until you revoke it. Tell us promptly at info@aptire.com if you believe an account or key has been compromised.

3. Sending rules — the part that matters most

Email deliverability is a shared consequence of everyone's behaviour. These rules are not boilerplate; they are the conditions under which we can keep delivering your mail at all.

• You must have permission to email every address you upload. Purchased, rented, scraped or otherwise unconsented lists are prohibited without exception.
• You must send from your own verified domain. We do not offer a shared platform sending domain, so your sending reputation is yours alone — and so is responsibility for it.
• Every marketing message must carry a working unsubscribe link and an accurate physical address, and must not use deceptive headers or subject lines. This is also what CAN-SPAM, CASL, GDPR and equivalent laws require of you directly.
• Opt-outs and hard bounces are permanent. Our suppression list is enforced on send and cannot be overridden by re-importing an address.
• You must not send malware, phishing, or content impersonating another person or organisation; evade filtering or rate limits; or use the platform to send on behalf of a third party whose list you cannot account for.

We may pause or throttle sending from a workspace whose bounce or complaint rate threatens delivery for the platform. Where we can, we will tell you first and explain what would resolve it.

4. Your data and your customers' data

Your contacts, templates, campaigns and message content remain yours. You grant us only the permission needed to operate the service for you — to store that data, render it, and send it to the recipients you specify.

Where you upload personal data about other people, you are the controller of it and we are your processor. You are responsible for having a lawful basis to hold and email those people, and for honouring their rights. See our Privacy Policy for how we handle it.

5. Modules, billing and cancellation

The platform is free to sign up for. Paid modules are activated per workspace and billed to your account monthly in advance, at the tier you select. Fees are charged through our payment processor and are exclusive of any taxes you owe.

You can deactivate a module or close your account at any time; it takes effect at the end of the current billing period, and we do not pro-rate partial months. If we change prices we will give you notice before the change applies to your next period. Fees already paid are non-refundable except where the law requires otherwise, or where we got the billing wrong.

6. Availability

We work to keep the service available and will give notice of planned maintenance where it is likely to be disruptive. We do not currently offer a contractual uptime guarantee; if you need one, contact us and we will discuss it rather than have you assume one exists.

7. Suspension and termination

We may suspend or close an account that breaches section 3, that is used unlawfully, or that puts the platform's delivery reputation or other customers at risk. Except where the breach is severe or ongoing, we will contact you first. You may close your account at any time. On closure we delete your workspace data as described in the Privacy Policy — export anything you want to keep before you close it.

8. Warranties

The service is provided "as is". We do not warrant that delivery to any particular inbox will succeed: inbox placement is decided by receiving mail providers, on signals including your list quality, content and domain reputation, and no sender can guarantee it. Nothing in these terms excludes a warranty that cannot lawfully be excluded.

9. Limitation of liability

Neither party is liable for indirect, incidental, special or consequential damages, or for lost profits, revenue or data. Our total liability arising out of or relating to these terms is limited to the fees you paid us in the twelve months before the event giving rise to the claim. These limits do not apply to fraud, wilful misconduct, or anything else that cannot lawfully be limited.

10. Indemnity

You will indemnify us against claims arising from your content, your lists, or your use of the service in breach of section 3 — including claims by people you emailed without a lawful basis to do so.

11. Changes to these terms

We may update these terms. For material changes we will notify account holders by email before they take effect. Continuing to use the service after that constitutes acceptance; if you do not accept, close your account before the change applies.

12. Governing law

These terms are governed by the laws of the State of California, USA, excluding its conflict-of-laws rules, and the state and federal courts located in Santa Clara County, California have exclusive jurisdiction over any dispute.

13. Contact

info@aptire.com
Aptire, 281 E Hamilton Ave #10, Campbell, CA 95008, USA