Terms of Service

These Terms of Service ("Terms") govern your use of Postwave, an email sending, receiving and API service provided by Postwaves ("we", "us"), of United Kingdom. By creating an account or using the service you agree to these Terms. If you use Postwave on behalf of a company, you confirm you are authorised to bind that company, and "you" means that company.

1. The service

Postwave provides an API, SMTP relay, dashboard and related tools for sending and receiving email, managing contacts, templates, broadcasts, automations and webhooks (the "Service"). We may improve, change or discontinue features. We will give reasonable notice of any change that materially reduces the Service you pay for.

2. Your account

• You must give accurate information, keep your login details and API keys secure, and tell us promptly at support@postwaves.online if you believe they have been compromised.
• You are responsible for everything done through your account and API keys.
• You must be at least 18 and using the Service for business or professional purposes.

3. Acceptable use

You may only send email that recipients expect and have agreed to receive. You must not use the Service to:

• send unsolicited bulk email (spam), or email purchased, rented, scraped or harvested address lists;
• send phishing, malware, fraudulent, deceptive or illegal content, or impersonate any person or organisation;
• send content that is defamatory, harassing, hateful, sexually explicit involving minors, or that infringes anyone's intellectual property or privacy;
• hide or falsify the sender's identity, or use domains you do not own or control;
• send marketing email without a working unsubscribe link, or keep emailing people who have unsubscribed;
• probe, overload or interfere with the Service, or try to get around limits, suppression lists or security controls.

Sending standards. Marketing email must include a working unsubscribe mechanism and your postal address where the law requires it. You must comply with all applicable laws, including UK GDPR, the Privacy and Electronic Communications Regulations (PECR), the EU GDPR and ePrivacy rules, the US CAN-SPAM Act and Canada's CASL.

Reputation limits. To protect deliverability for every customer, we monitor bounce and complaint rates. Accounts whose 30-day bounce rate exceeds 4% or complaint rate exceeds 0.08% are paused automatically while we review them. Addresses that hard-bounce or complain are added to your suppression list and are not emailed again.

We may suspend or limit sending immediately, without notice, if we reasonably believe your use breaches this section, harms our infrastructure or reputation, or is required by our providers or by law. We will tell you why and work with you to resolve it where we can.

4. Plans, billing and usage

• Paid plans are billed monthly in advance through our payment processor (Stripe). Prices are shown on our pricing page and exclude VAT and other taxes, which are added where applicable.
• Each plan includes a monthly email allowance. On plans that allow it, usage above the allowance is charged at the published overage rate and billed in arrears. The Free plan is also limited per day.
• You can upgrade, downgrade or cancel at any time from the Billing page. Cancellation takes effect at the end of the current billing period. Except where the law requires otherwise, fees already paid are non-refundable.
• If a payment fails we may restrict sending until it is resolved.

5. Your content and data

You keep all rights to the content, contacts and data you submit ("Customer Data"). You give us permission to process Customer Data only to provide, secure and support the Service, and as described in our Privacy Policy.

For personal data inside Customer Data (for example recipients' email addresses), you are the controller and we are your processor. We will process it only on your documented instructions (your use of the Service), keep it confidential and secure, use only the sub-processors listed in our Privacy Policy, help you respond to data-subject requests, notify you without undue delay of a personal data breach, and delete it when you close your account or as set by your plan's retention period. You are responsible for having a lawful basis to send to and process data about your recipients.

6. Security and availability

We use industry-standard measures to protect the Service, including encryption in transit, hashed API keys, signed webhooks and access controls. We aim for high availability but the Service is provided without a guaranteed uptime unless you have a separate written SLA (for example on Enterprise plans). Email delivery depends on third parties, such as recipients' mail servers, which we do not control, so we cannot guarantee that any message is delivered or placed in an inbox.

7. Intellectual property

We own the Service, its software, documentation and branding. We grant you a non-exclusive, non-transferable right to use the Service during your subscription in line with these Terms. Feedback you give us may be used without obligation to you.

8. Liability

Nothing in these Terms limits liability for death or personal injury caused by negligence, for fraud, or for anything that cannot be limited by law. Subject to that:

• we are not liable for loss of profits, revenue, business, goodwill or data, or for any indirect or consequential loss; and
• our total liability arising out of or in connection with the Service in any 12-month period is limited to the fees you paid us in that period.

You will indemnify us against third-party claims arising from email you send through the Service or from your breach of section 3.

9. Suspension and termination

You may close your account at any time. We may suspend or terminate your account if you materially breach these Terms and do not fix the breach within 7 days of notice, or immediately for serious breaches of section 3 or non-payment. On termination your right to use the Service ends and we will delete Customer Data in line with our Privacy Policy. Sections 5, 7, 8 and 10 continue after termination.

10. General

• Changes. We may update these Terms. For material changes we will give at least 30 days' notice by email or in the dashboard; continuing to use the Service after that means you accept the new Terms.
• Governing law. These Terms are governed by the law of England and Wales, and its courts have exclusive jurisdiction.
• Other. If any part of these Terms is found unenforceable, the rest remains in effect. You may not transfer your account without our consent. These Terms, with the Privacy Policy and any order form, are the entire agreement between us.

Contact

Postwaves, United Kingdom. Email: support@postwaves.online