Terms of service

1. Introduction & Acceptance of Terms

By accessing or using HemailerPro (the “Service”), you agree to be bound by these Terms & Conditions (the “Terms”). If you do not agree with any part of the Terms, you must not use the Service. Your use of the Service after modifications to the Terms constitutes your acceptance of the revised Terms.

These Terms apply to all visitors, users, and others who access or use the Service.

2. Definitions

In these Terms:

  • “Company”, “We”, “Us”, or “Our” means HemailerPro.

  • “You” or “User” means the person or entity using the Service.

  • “Account” means a unique account registered to use the Service.

  • “Service” means HemailerPro software, website, APIs, dashboard, or any related functionality.

  • “Subscription” means your paid access to the Service under a plan.

  • “Content” means any data, documents, forms, emails, files, or information you upload or create using the Service.

  • “License” refers to the right to use the Service according to these Terms.

3. Scope of Service & License Grant

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service strictly in accordance with these Terms and our Documentation.

You may use the Service only for your internal business purposes and in compliance with applicable laws (e.g. email marketing laws).

We may modify, suspend, or discontinue any aspect of the Service (or your access) at any time, with or without notice.

4. User Responsibilities & Acceptable Use

You agree not to use the Service for activities that:

  • Violate any laws (e.g. anti-spam, privacy, consumer protection).

  • Send unsolicited spam, phishing, or illegal/unethical marketing.

  • Upload, store or transmit illegal, infringing, harmful, or malicious content.

  • Attempt to reverse-engineer, copy, alter, or misuse any part of the Service.

  • Attempt unauthorized access to other accounts or systems.

You are responsible for maintaining the confidentiality of your account credentials and any activity under your account. Notify us immediately if your credentials are compromised.

5. Subscription, Billing & Payments

  • You agree to pay the subscription fees for the plan you choose (monthly or otherwise) according to the pricing schedule.

  • You authorize the payment method you provide.

  • If you do not cancel before the end of the trial period (if offered), charges will apply.

  • All sales are final; we may offer refunds or credits only at our discretion.

  • You are responsible for any applicable taxes, duties, or other governmental fees.

6. Intellectual Property & Data Ownership

  • The Service, underlying software, source code, UI, designs, trademarks, and documentation remain the sole property of the Company.

  • You retain ownership of all Content you upload, submit or create using the Service.

  • By uploading Content, you grant the Company a worldwide, royalty-free license to store, process, and display your Content solely for delivering the Service.

  • You represent and warrant that: you own the Content (or have rights to use it); the Content does not infringe third-party rights; and its use by the Service will not violate any laws.

7. Data Protection & Privacy

We take data security seriously. We implement industry-standard security measures to protect your data. Still, you acknowledge that no internet transmission or storage is 100% secure, and you use the Service at your own risk. Our separate Privacy Policy explains how we collect, store, and use personal data.

8. Service Availability & No Warranty

While we aim to keep the Service available 24/7, we do not guarantee uninterrupted or error-free service. The Service is provided “as is” and “as available”. We disclaim all warranties — express, implied, or statutory — including merchantability, fitness for a particular purpose, and non-infringement.

9. Limitation of Liability

To the maximum extent permitted by law:

  • The Company (and its officers, employees, affiliates) will not be liable for any indirect, special, incidental, punitive, or consequential damages (lost profits, data loss, downtime, business interruption, etc.).

  • The Company’s total aggregate liability under these Terms will not exceed the amount paid by you in the 12 months preceding the claim.

  • These limitations apply even if we have been advised of potential damages or if a remedy fails of its essential purpose.

10. Term, Suspension & Termination

  • These Terms remain in effect while you use the Service.

  • You may cancel your subscription at any time (per your plan’s terms).

  • We may suspend or terminate your account if you violate these Terms, misuse the Service, or engage in prohibited behavior — without refund.

  • Upon termination, your license ends, and you must stop using the Service. We may delete or archive your data after a certain period.

11. Changes to the Terms

We may update these Terms at any time. When we do, we will post the revised version and update the “Last updated” date. Continued use after changes constitutes acceptance of the new Terms.

12. Governing Law & Dispute Resolution

These Terms are governed by the laws of [Your Country / Province / State]. Any dispute will be resolved in the appropriate courts in that jurisdiction.

13. Indemnification

You agree to indemnify, defend and hold harmless the Company and its affiliates from any claims, damages, liabilities, losses, or expenses (including legal fees) arising from your breach of these Terms, your misuse of the Service, or violation of any laws.

14. Feedback & Suggestions

If you provide suggestions, enhancements, or feedback about the Service, you assign to the Company all rights in such feedback. The Company may use, modify, or distribute such feedback without restriction, compensation, or attribution.

15. Entire Agreement

These Terms, together with any other policies referenced (Privacy Policy, Acceptable Use Policy, etc.), constitute the entire agreement between you and the Company regarding the Service, and supersede all prior agreements or communications.

16. Severability & Waiver

If any provision of these Terms is found invalid or unenforceable under applicable law, that provision will be limited or eliminated to the minimum extent required, and the remaining provisions will remain in full force. Failure to enforce any right or provision does not constitute a waiver of future enforcement.

17. Contact Information

For any questions or concerns about these Terms, you can reach us at:
[Your Company Email or Contact Page Link]