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.

JetEmail provides email delivery services including but not limited to:

• • Transactional email delivery
• • Marketing email campaigns
• • Email analytics and reporting
• • API access for email integration
• • Email template management
• • Delivery optimization and monitoring

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

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
• • All activities that occur under your account
• • Notifying us immediately of any unauthorized use
• • 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.

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

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.

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.

We may, at our sole discretion, offer subscriptions with a free trial for a limited period. You may be required to enter billing information to sign up for a free trial.

If you enter billing information during free trial signup, you will not be charged until the trial expires. On the last day of the trial period, unless you cancel, you will be automatically charged the applicable subscription fees.

We reserve the right to modify or cancel free trial offers at any time without notice.

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.

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
• • 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.

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.

By entering into this agreement, you grant us the non-exclusive, royalty-free right to use your logo for promoting and referencing you as our client.

We may use your logo on our website, marketing materials, case studies, and promotional content. We agree to use your logo professionally and in accordance with any brand guidelines you provide.

This logo usage right is non-transferable and remains in effect for the duration of our agreement unless terminated by either party in writing.

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

• • Our Privacy Policy
• • Our GDPR Data Processing Agreement
• • Australian Privacy Principles under the Privacy Act 1988 (Cth)
• • General Data Protection Regulation (GDPR) where applicable

You retain ownership of your data and content. We process your data only as necessary to provide our Services.

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 but grant us a limited license to process and deliver it as part of our Services. 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. 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 or email campaigns
• • Your violation of these Terms or applicable laws
• • Infringement of third-party rights

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

Upon termination, we will cease providing Services and may delete your data after a reasonable retention period.

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.

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.

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

For questions about these Terms, please contact us:

These Terms constitute the entire agreement between you and JetEmail. 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. These Terms are binding on successors and assigns.