Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer", "you", or "your") and JetEmail Pty Ltd, an Australian company with ACN 641 539 166 ("JetEmail", "we", "us", or "our").

By accessing or using our email delivery platform and services ("Services"), you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our Services.

• Account: the JetEmail account registered to you, including any organization, team or sub-user access you enable within it.
• Authorized User: any person you permit to access your Account, including employees, contractors, agencies and applications acting through your API credentials.
• Contact: a person record you store in the Marketing Suite, including email address, name, tags, audience membership and any custom attributes you add.
• Subscriber: a unique Contact in your Account whose status is subscribed. A Contact is counted once regardless of how many audiences, tags or forms it belongs to. Contacts whose status is unsubscribed, bounced or complained are not Subscribers and are not billed.
• Marketing Message: any commercial or promotional message sent to a list, audience or segment, including newsletters, campaigns, announcements, offers, win-back and retention messages.
• Transactional Message: an individual, non-promotional message that is necessary to complete, confirm or provide information about a transaction, account, security event or service action initiated by or concerning that specific recipient.
• Customer Content: everything you or your Authorized Users submit to the Services, including Contacts, templates, campaign content, images and other Assets, form configurations, workflow definitions, event payloads, merge data and sender details.
• Asset: an image or other file you upload to the Marketing Suite asset library.
• Form: a JetEmail-hosted or embedded signup form you publish to collect Contacts.
• Workflow: an automation you configure that enrolls Contacts on a trigger and performs actions such as sending email or waiting for a delay.
• Suppression: a record that prevents further Marketing Messages to a recipient, created by an unsubscribe, a spam complaint, a hard bounce or an action by JetEmail.
• Dedicated IP: an IP address assigned to your Account as a paid add-on for the duration of your subscription.

JetEmail provides three products, which bill independently and may be used on one Account:

• Outbound Email: transactional and relayed mail leaving your application, by API or smarthost, billed per email.
• Inbound Email: filtering, quarantine and routing for mail arriving at your domains, billed per domain.
• Marketing Suite: contact management, audiences and segments, hosted and embedded signup forms, templates and campaign composition, broadcasts and scheduling, automation workflows, template-based transactional sending, image asset hosting, engagement tracking, hosted unsubscribe pages, and reporting. Billed per Subscriber.

Plan entitlements, quotas, retention periods and technical limits differ by product. Entitlements for one product do not apply to another. The Services also include API access, email analytics and reporting, template management, and delivery optimization and monitoring.

We reserve the right to modify, suspend, or discontinue any part of our Services at any time with reasonable notice. Where a feature is offered as a beta, preview or early access release, it is provided without a service level commitment, may change or be withdrawn, and should not be relied on for production use.

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

• Maintaining the confidentiality of your account credentials and API keys
• All activities that occur under your account, including those of your Authorized Users
• Notifying us immediately of any unauthorized use or suspected credential compromise
• Rotating API keys and revoking access for people and applications that no longer need it
• Keeping your account information up to date

You must be at least 18 years old or have legal capacity to enter into contracts in your jurisdiction.

We may treat any authenticated request made with your credentials as authorized by you until you notify us that they are compromised. This does not limit our own security obligations or any rights you have that cannot be excluded by law.

You agree to use our Services in compliance with our Acceptable Use Policy and all applicable laws. You may not use our Services to:

• Send unsolicited commercial email (spam)
• Distribute malware or harmful content
• Violate any applicable laws or regulations
• Infringe intellectual property rights
• Engage in fraudulent or deceptive practices
• Harass, threaten, or abuse others

The Acceptable Use Policy applies to everything you do through the Services, not only to the messages you send. It covers uploaded Assets and their public URLs, hosted and embedded Forms, hosted unsubscribe pages, Workflows, API use, tracking domains and redirect destinations.

Our pricing is available on our website and may be updated from time to time. Payment terms include:

• Fees are charged in advance for subscription plans
• Usage-based charges are billed monthly in arrears
• All prices are in United States Dollars (USD) unless otherwise specified
• Payment is due immediately for subscription plans
• We use third-party payment processors including Stripe

We may suspend or terminate your account for non-payment after reasonable notice. Should automatic billing fail, we will issue an electronic invoice that must be paid within the specified deadline.

This section applies to Outbound Email and Inbound Email only. It does not apply to the Marketing Suite, which is billed under Section 8.

The Marketing Suite is billed on the number of Subscribers stored in your Account, not on the number of emails you send.

Some parts of our Service are billed on a subscription basis. You will be billed in advance on a recurring basis according to your selected billing cycle (monthly or annual).

At the end of each billing cycle, your subscription will automatically renew under the same conditions unless you cancel it or we cancel it. You may cancel your subscription through your account dashboard or by contacting support.

A valid payment method is required to process subscription payments. You authorize us to charge all subscription fees to your designated payment method. By submitting payment information, you automatically authorize us to charge all incurred fees.

Add-ons, including Dedicated IPs, are billed alongside your subscription. Adding or removing an add-on mid-cycle creates a proration on your next invoice.

We may modify subscription fees at our sole discretion. Any fee changes will become effective at the end of your current billing cycle.

We will provide reasonable prior notice of fee changes to give you an opportunity to terminate your subscription before the changes take effect.

Refunds: Except when required by law, paid subscription fees are non-refundable. Your continued use of the Service after fee changes constitutes acceptance of the new fees. Nothing in this section limits your rights under the Australian Consumer Law or other laws that cannot be excluded. See Section 31.

You own your Customer Content. Nothing in this Agreement transfers ownership of it to us.

You grant JetEmail and its service providers a limited, worldwide, non-exclusive, royalty-free license to host, store, copy, cache, transmit, render, reformat, scan, analyze for security and abuse purposes, block and delete Customer Content, solely to the extent needed to:

• Provide, maintain and support the Services you have asked for
• Protect the security, integrity and deliverability of the Services and our network
• Investigate and enforce this Agreement and the Acceptable Use Policy
• Comply with law and respond to lawful requests

This license may be sublicensed only to the subprocessors and service providers listed in our subprocessor list, and only for those purposes. It ends when the relevant Customer Content is deleted, except for copies retained under Section 37.

We do not use your Contacts, campaign content or recipient engagement data to train machine learning models for use outside your Account, and we do not sell, rent or share Customer Content with third parties for their own marketing. We use automated systems on Customer Content for delivery, spam and malware filtering, abuse detection and safety scanning as described in this Agreement and our Privacy Policy.

You determine who you send to, what you send, what data you collect and how you use it. We send on your instructions. You represent and warrant, for every Contact and every recipient, that:

• You have a lawful basis and all necessary consents, permissions and authority to collect their data, store it in the Services and send them each message.
• You have given the notices required in their jurisdiction at the point of collection, including identifying who is collecting the data and what it will be used for.
• Sender identity, from and reply-to addresses, subject lines and message headers are accurate and not misleading.
• You hold the copyright, trademark, privacy, publicity and other rights needed for all content, images and links you send or host.
• Your messages include the sender identification and contact details required by law, including a valid physical postal address where one is required.

JetEmail adds a one-click unsubscribe header to every Marketing Message sent through the Marketing Suite, in line with RFC 8058 and mailbox provider bulk sender requirements, and hosts the unsubscribe page that processes the request. Unsubscribes received through those channels are recorded and applied automatically. You do not need to configure this and you cannot disable it.

You remain responsible for including a clear and visible unsubscribe link in your message content, and for honouring any opt-out a recipient sends to you directly, by reply, by phone or by any other means.

The Marketing Suite transactional endpoint sends individual messages from a saved template. Those sends do not carry marketing engagement tracking and do not apply marketing subscription status.

You may use it only for Transactional Messages as defined in Section 2: an individual, non-promotional message necessary to complete, confirm or provide information about a transaction, account, security event or service action initiated by or concerning that specific recipient.

You must not use the transactional endpoint for:

• Newsletters, campaigns, offers, product promotion or cross-selling
• Win-back, re-engagement or retention messaging
• Bulk announcements to a list, audience or segment
• Any message sent to avoid an unsubscribe requirement or a Suppression

Adding promotional content or promotional links to an otherwise transactional message can cause the whole message to be treated as commercial marketing under applicable law. We may classify a mixed-purpose message as a Marketing Message, apply marketing safeguards to it, require unsubscribe treatment, or block it.

Transactional sending does not override every Suppression. Where a recipient has made a complaint, where an address hard bounces, or where law, safety or a recipient objection requires it, we may suppress transactional sending to that address as well.

Open and click tracking are enabled by default for marketing domains and can be turned off per domain in your dashboard.

• Open tracking inserts a small invisible image into your message.
• Click tracking rewrites links so they pass through a branded tracking subdomain on your own domain before redirecting to the destination.
• These features can record the time of the event and technical information such as the recipient and message identifier, destination URL, approximate location derived from IP address, device, user agent and email client.

You instruct us to carry out this processing when you enable tracking. You are responsible for giving recipients any notice and obtaining any consent required in their jurisdiction for pixels, redirected links and similar technologies.

Engagement metrics are estimates. Opens, clicks, location and client classification are affected by mailbox privacy protections, image blocking, link prefetching, corporate security scanners, bots, relays and caching. They may over-count, under-count or misattribute activity, and must not be relied on as proof that a particular person read a particular message.

Turning off open and click tracking does not remove delivery logging, bounce and complaint handling, or the security and abuse telemetry we need to operate the Services.

The Marketing Suite lets you upload images for use in your templates and campaigns. Supported formats and per-file size limits are published in our product documentation and may change for technical reasons.

You can publish a JetEmail-hosted Form or embed our generated code on your own website. Forms may collect an email address, names and custom fields you define, and record the submission time, the page the submission came from, the consent wording shown, whether consent was given, the browser user agent and pseudonymous abuse signals derived from the submitter's IP address.

• We provide tools. We do not review or approve your Form copy, your consent wording, your choice of single or double opt-in, or the lawfulness of the fields you collect. Those are your responsibility.
• You must give a clear collection and marketing notice at the point of collection, identify yourself as the collecting party, and link to your own privacy policy.
• Where you embed a Form on your own site, your website's privacy, cookie and consent obligations remain yours.
• You are responsible for the safety and lawfulness of any post-submission or confirmation redirect destination you configure.
• Where you supply your own Cloudflare Turnstile keys, you authorize that integration and are responsible for your relationship with Cloudflare, including its terms and any notices your users require.
• We apply rate limits and abuse protection to Forms, and may restrict or pause a Form to protect recipients, our infrastructure or the deliverability of the platform.

The embed code is provided as is. We may change it for security or functionality reasons. You are responsible for where you place it and for your own content security policy.

Broadcasts can be sent immediately or scheduled. Workflows enroll Contacts on a trigger, such as contact creation, audience entry or a custom event you send us, and then perform actions such as sending an email or waiting for a delay.

• Scheduled times and Workflow delays are targets, not guarantees. Messages may be delayed by queue depth, maintenance, provider throttling or abuse controls.
• You are responsible for the trigger data you send us, the event names and properties you define, your enrollment and re-entry rules, your send frequency, your time zone settings and the content of every automated message.
• You must not put credentials, secrets or sensitive personal information in Workflow event payloads.
• Audience membership and merge data may be snapshotted when work is queued. Current Suppression status is always checked again at the moment of sending.
• Pausing, archiving or deleting a Workflow, or suspension or termination of your Account, can stop enrolled Contacts partway through a sequence. Messages already accepted for delivery may still be sent.
• Cancelling a scheduled broadcast stops messages that have not yet entered the sending queue. Messages already queued or in flight may still be delivered.

We do not guarantee sender reputation, inbox placement or deliverability on any IP, shared or dedicated. See Section 23.

• API keys are credentials. You are responsible for issuing, scoping, rotating and revoking them, and for everything done with them.
• Documented rate limits apply to API requests. We may apply temporary limits to protect the platform, and will restore normal limits as soon as it is safe to do so.
• We may version, change or deprecate API endpoints. We will give reasonable notice of breaking changes, except where an immediate change is needed for security or legal reasons.
• Webhook endpoints and redirect destinations you configure are your instructions to transmit data to a third-party system. You must secure those endpoints and have a lawful basis for the transfer.
• Contacts, Assets, templates, Workflows and exports belong to the Account that owns them. Where an Account is held by an organization, the organization controls access, and we may act on the instructions of the person we reasonably believe controls it.

To protect recipients, our other customers and our network, we may:

• Use automated and human review of content, sending patterns, list sources and complaint data
• Request evidence of consent and of the source of a list
• Throttle, quarantine, pause or block sending, Forms or Assets
• Remove or restrict access to content, suspend an Account, or terminate it
• Preserve records and disclose information where permitted or required by law

We will give notice and a reasonable opportunity to fix the problem where the circumstances allow. Where there is a risk of serious harm, unlawful content, fraud, a security threat or a legal obligation, we may act immediately and without prior notice. Where we take enforcement action, we will tell you what happened and how to respond, unless doing so would be unlawful or would compromise an investigation or the safety of any person.

Complaint and bounce thresholds published in the Acceptable Use Policy are triggers for review, not safe harbours. A single serious incident can justify immediate action even where your rates are within threshold.

JetEmail provides email delivery services and will make commercially reasonable efforts to deliver your emails to the intended recipients. However, successful email delivery depends on factors beyond our control, and we cannot guarantee that all emails will reach their intended destination.

JetEmail's responsibility is limited to accepting your email for transmission and making reasonable efforts to deliver it. We are not responsible for the ultimate delivery, placement, or accessibility of emails once they leave our systems.

You may use our Service only for lawful purposes and in accordance with our Acceptable Use Policy. You are specifically prohibited from:

• Spamming: Sending unsolicited messages without prior consent
• Phishing: Sending fraudulent emails to steal information
• Malicious Content: Distributing malware, viruses, or harmful code
• Child Sexual Abuse Material: Uploading, hosting, sending, linking to or facilitating access to child sexual abuse or exploitation material, or attempting to evade detection of it
• Harassment: Using our service to harass, intimidate, or threaten others
• Illegal Activities: Any use that violates applicable laws

Additionally, you may not attempt to gain unauthorized access to our Service, introduce harmful code, or attack our infrastructure. Report violations to abuse@jetemail.com.

You represent and warrant that you are not:

• Located in, or a resident or national of, any country subject to US economic sanctions or embargoes
• Listed on any US government list of prohibited or restricted parties, including the Specially Designated Nationals List
• Controlled by or acting on behalf of anyone described above

You agree not to use our Services in any manner that would violate US export controls, economic sanctions, or embargoes administered by the Office of Foreign Assets Control (OFAC), the Bureau of Industry and Security (BIS), or any other US government agency.

We reserve the right to suspend or terminate your account immediately if we determine, in our sole discretion, that your use of our Services may violate applicable sanctions or export control laws.

Current US sanctions may include but are not limited to restrictions on countries such as Russia, Iran, North Korea, Syria, Cuba, and regions of Ukraine (Crimea, Donetsk, and Luhansk). This list may change, and you are responsible for ensuring ongoing compliance.

We may use third-party service providers to monitor and analyze the use of our Service, including but not limited to Google Analytics and other analytics tools.

These services may collect information about your use of our Service to help us improve our offerings and provide better support.

We welcome your feedback, suggestions, and ideas for improvements. By providing feedback, you acknowledge that:

• You shall not retain any intellectual property rights in the feedback
• We may have similar development ideas independently
• Your feedback does not contain confidential information
• We are not obligated to maintain confidentiality regarding feedback

You grant us an exclusive, transferable, irrevocable, royalty-free right to use your feedback for any purpose.

Our Service may contain links to third-party websites or services that are not owned or controlled by JetEmail. We have no control over and assume no responsibility for third-party content, privacy policies, or practices.

WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD-PARTY WEBSITES OR SERVICES THAT YOU VISIT.

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE OPERATION OF OUR SERVICES.

We do not warrant that the Services will be uninterrupted, error-free, or free of viruses or other harmful components. We disclaim all warranties, whether express, implied, statutory, or otherwise, including warranties of merchantability, non-infringement, and fitness for a particular purpose.

This disclaimer does not affect any warranties that cannot be excluded under applicable Australian Consumer Law. See Section 31.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF OUR SERVICES.

Our total liability for all claims shall not exceed the amount you paid for the Services in the 12 months preceding the claim. Some jurisdictions do not allow the exclusion of certain damages, so these limitations may not apply to you.

Nothing in these Terms excludes or limits liability that cannot be excluded under Australian Consumer Law.

If you are a consumer within the meaning of the Australian Consumer Law, our goods and services come with guarantees that cannot be excluded under that law. Nothing in this Agreement excludes, restricts or modifies any right, guarantee, warranty or remedy that applies to you under the Australian Consumer Law or any other law where doing so would be unlawful.

Where we are permitted to limit our liability for a breach of a consumer guarantee, our liability is limited, at our option, to resupplying the Services or paying the cost of having them resupplied.

To the extent that any provision of this Agreement is void, voidable or unenforceable because it is unfair under the unfair contract terms provisions of the Australian Consumer Law, that provision does not apply, and the rest of the Agreement continues in effect.

If you agree, you grant us a non-exclusive, royalty-free right to use your logo and name to identify you as a JetEmail customer on our website, in marketing materials and in case studies. We will use your logo professionally and in accordance with any brand guidelines you provide.

This permission is optional and is not a condition of using the Services. You may withdraw it at any time by emailing legal@jetemail.com, and we will remove your logo from materials we control within a reasonable period.

We are committed to protecting your privacy and personal data. Our data practices are governed by:

• Our Privacy Policy
• Our Data Processing Agreement
• Australian Privacy Principles under the Privacy Act 1988 (Cth)
• General Data Protection Regulation (GDPR) and UK GDPR where applicable
• United States state privacy laws where applicable

You retain ownership of your data and content. For Contacts, recipients and other personal data you put into the Services, you are the controller or business and we act as your processor or service provider, on your instructions. We act on our own behalf for a limited set of purposes, including billing, security, abuse prevention, network protection and legal compliance. The Data Processing Agreement sets out that boundary.

The Services, including all software, technology, and content, are owned by JetEmail or our licensors and are protected by intellectual property laws.

You retain ownership of your content. Section 12 sets out the license you grant us and its limits. You warrant that you have the right to use all content you submit.

While we strive to provide reliable service, JetEmail makes no guarantees regarding service availability, uptime, or performance except where a service level agreement is set out in a signed order form. We reserve the right to:

• Perform scheduled maintenance that may temporarily interrupt service
• Suspend service for security, legal, or operational reasons
• Modify or discontinue features with reasonable notice

We will make commercially reasonable efforts to provide advance notice of planned maintenance when possible.

You agree to indemnify and hold JetEmail harmless from claims arising from:

• Your use of the Services
• Your content, Contacts, Forms or email campaigns
• Your violation of these Terms or applicable laws, including anti-spam and privacy laws
• Infringement of third-party rights

This indemnity does not apply to the extent a claim results from our own breach of this Agreement, our negligence or our unlawful act, and it is reduced to the extent we contributed to the loss. It does not apply where the law prevents us from relying on it.

Either party may terminate this agreement:

• With 30 days' written notice for convenience
• Immediately for material breach that remains uncured after 7 days' notice
• Immediately for violation of Acceptable Use Policy

Sections that by their nature should survive termination do so, including Sections 12, 13, 27, 30, 31, 36, 37, 38 and 41.

These Terms are governed by the laws of New South Wales, Australia. Any disputes will be subject to the exclusive jurisdiction of the courts of New South Wales.

If mediation fails to resolve the dispute within the specified timeframe, either party may then pursue legal action in the courts of New South Wales, Australia.

Nothing in this section prevents you from making a complaint to a regulator, ombudsman or other body that has jurisdiction, or from exercising a right you have under a law that cannot be excluded.

We may update these Terms from time to time. Material changes will be communicated via email or through our platform with at least 30 days' notice. The same notice period applies to material changes to the Acceptable Use Policy and the Data Processing Agreement.

We may make a change with less notice, or immediately, where it is needed to address a security risk, a legal or regulatory requirement, or an urgent risk of harm. If a material change is not acceptable to you, you may terminate before it takes effect and we will refund any prepaid fees for the unused part of your term.

Your continued use of the Services after changes take effect constitutes acceptance of the new Terms.

For questions about these Terms, please contact us:

This Agreement, made up of the documents listed in Section 1, is the entire agreement between you and JetEmail on its subject matter, and replaces any earlier understanding. If any provision is found unenforceable, the remainder will remain in effect.

Our failure to enforce any provision does not waive our right to do so later.

You may not assign or transfer this Agreement without our written consent, which we will not unreasonably withhold. We may assign it to a related company or in connection with a merger, acquisition or sale of assets, provided the assignee agrees to be bound by it. This Agreement is binding on successors and permitted assigns.

Notices to you may be sent to the email address on your Account or shown in the dashboard. Notices to us must be sent to legal@jetemail.com. Nothing in this Agreement creates a partnership, joint venture, employment or agency relationship between the parties.