Terms of Service

These Terms of Service (“Terms”) are a binding agreement between rootmail (“rootmail,” “we,” “us”) and the individual or entity that accesses or uses the Services (“Customer,” “you”). By creating an account, clicking to accept, or using the Services, you agree to these Terms. If you accept on behalf of an organization, you represent that you are authorized to bind it.

1. The Services

rootmail provides email-infrastructure software — APIs, SDKs, an operator dashboard, and related tools for sending, automating, auditing, and proving email. We may add, change, or discontinue features; for material adverse changes to a paid feature you rely on, we will use reasonable efforts to give advance notice.

2. Accounts & eligibility

• You must be at least 18 and able to form a binding contract.
• You are responsible for your account, your users, and all activity under your credentials, and must keep credentials secure (we recommend enabling MFA).
• You must provide accurate information and keep it current.
• Sign-in is via session (email/password or a supported identity provider); API keys authenticate the API and must be kept secret.

3. Plans, fees & payment

• Subscriptions bill in advance on a monthly or annual cycle and renew automatically until cancelled.
• Usage & overage above your plan's included volume bill at the rates shown at purchase. Add-ons bill per unit.
• Taxes are your responsibility except for taxes on our net income.
• Changes to your plan take effect as described in the dashboard; we may change prices on renewal with prior notice.
• Non-payment may result in suspension. Fees are non-refundable except where required by law.

4. Acceptable use & anti-spam

You agree that you and your users will not:

• send to recipients without a lawful basis or valid consent, or send unsolicited bulk email (spam);
• violate anti-spam or privacy laws (e.g. CAN-SPAM, CASL, GDPR/ePrivacy), including the requirements for a valid physical mailing address and a working unsubscribe in marketing and sales mail;
• fail to honor unsubscribe or suppression requests, or attempt to bypass suppression, quotas, rate limits, or plan boundaries;
• send unlawful, infringing, deceptive, harassing, or harmful content, or phishing or malware;
• probe, scan, overload, or interfere with the Services' integrity or security, or attempt unauthorized access; or
• resell or provide the Services to third parties except through the sub-tenancy features for your own customers, for whose use you remain responsible.

We may throttle, suspend, or terminate sending or accounts that threaten deliverability, violate this section, or create legal or security risk — immediately where necessary.

5. Customer content

You retain all rights to the templates, messages, contacts, and other data you submit (“Customer Content”). You grant us a worldwide, non-exclusive license to host, process, transmit, and display Customer Content solely to provide and secure the Services. You are responsible for Customer Content, for having the rights and consents to send it, and for your recipients' data. Our processing of personal data in Customer Content is governed by the DPA.

6. Intellectual property & feedback

We and our licensors own the Services and all related software, designs, and trademarks. No rights are granted except as expressly set out here. If you send us feedback or suggestions, you grant us a perpetual, royalty-free license to use them without restriction.

7. Third-party services

The Services interoperate with third parties (e.g. AWS, Stripe, Anthropic). Your use of those services may be subject to their terms, and we are not responsible for them.

8. Confidentiality

Each party may receive non-public information of the other. The recipient will protect it with reasonable care and use it only to perform under these Terms, except for information that is public, independently developed, or rightfully obtained from another source.

9. Disclaimers

Except as expressly stated, the Services are provided “as is” and “as available,” without warranties of any kind, whether express, implied, or statutory, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant uninterrupted or error-free operation, or that any email will be delivered, accepted, or placed in any particular folder.

10. Limitation of liability

To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, data, or goodwill. Each party's total aggregate liability arising out of or relating to these Terms will not exceed the amounts you paid to us for the Services in the twelve (12) months before the event giving rise to the claim. These limits do not apply to your payment obligations or to liability that cannot be limited by law.

11. Indemnification

You will defend and indemnify rootmail against third-party claims arising from your Customer Content, your use of the Services in breach of these Terms or applicable law, or your sub-tenants' use.

12. Term & termination

These Terms apply while you use the Services. You may stop and cancel at any time from the dashboard. Either party may terminate for the other's material breach not cured within 30 days' notice; we may suspend or terminate immediately for AUP violations, non-payment, or risk. On termination, your right to use the Services ends; you may export your data for 30 days, after which we may delete it per our Privacy Policy and DPA. Sections that by their nature should survive (e.g. fees, IP, disclaimers, liability, indemnity) survive termination.

13. Changes to these Terms

We may update these Terms; we will post the updated version with a new date and, for material changes, provide reasonable notice. Continued use after changes take effect constitutes acceptance.

14. Governing law & disputes

These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict- of-laws rules. The state and federal courts located in Delaware have exclusive jurisdiction, and each party consents to venue there, except that either party may seek injunctive relief in any court of competent jurisdiction to protect its intellectual property or confidential information.

15. General

These Terms (with the Privacy Policy and DPA) are the entire agreement and supersede prior agreements on this subject. If a provision is unenforceable, the rest remains in effect. Neither party may assign these Terms without the other's consent, except to a successor in a merger or asset sale. Neither party is liable for delays caused by events beyond its reasonable control. Notices to you may be sent by email or posted in-app.

16. Contact

Questions about these Terms: legal@rootmail.io.