Terms and Conditions

1. Agreement to Terms

By accessing or using HTML Mailer ("the Service"), you agree to be bound by these Terms and Conditions ("Terms"). If you disagree with any part of these Terms, you may not access the Service.

These Terms apply to all users of the Service, including without limitation users who are browsers, vendors, customers, merchants, and contributors of content.

2. Description of Service

HTML Mailer is an AI-powered email template generation service that allows users to:

• Create, store, and manage HTML email templates
• Generate email templates using artificial intelligence
• Send test emails to specified recipients
• Collaborate with team members on templates
• Upload and manage images for use in templates
• Track usage and manage subscription plans

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice.

3. User Accounts

3.1 Account Creation

To use certain features of the Service, you must create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and update your information to keep it accurate
• Maintain the security of your password and account
• Accept full responsibility for all activities, damages, incidents, and financial consequences under your account
• Notify us immediately of any unauthorized use
• Be at least 18 years old or have parental consent

You are solely responsible for all actions taken under your account, regardless of whether you authorized them. We are not responsible for any damages, incidents, or financial losses resulting from unauthorized access to your account if you fail to maintain adequate security.

3.2 Account Termination

We reserve the right to suspend or terminate your account if you violate these Terms or engage in any fraudulent, abusive, or illegal activity. You may terminate your account at any time by contacting us or using account deletion features. Termination does not relieve you of responsibility for damages, incidents, or financial losses you caused while using the Service.

4. Subscription Plans and Payments

4.1 Subscription Plans

We offer various subscription plans with different features and usage limits. Plans may include:

• Free trial periods (typically 7 days)
• Monthly or annual billing options
• Usage limits for templates, AI generations, test emails, team members, and storage
• Access to different features based on plan level

4.2 Payment Terms

• Payments are processed through Stripe, a third-party payment processor
• All fees are stated in USD unless otherwise specified
• Subscriptions automatically renew unless cancelled
• You authorize us to charge your payment method for recurring fees
• Prices may change with 30 days' notice to existing subscribers
• Refunds are handled according to our refund policy (see Section 4.4)

4.3 Usage Limits

Your subscription plan includes specific usage limits. If you exceed these limits, certain features may be restricted until you upgrade your plan or wait for the next billing cycle. We reserve the right to enforce these limits and may suspend service if limits are consistently exceeded.

4.4 Cancellation and Refunds

You may cancel your subscription at any time through your account settings or by contacting us. Cancellation takes effect at the end of your current billing period. We do not provide refunds for partial billing periods, except as required by law or at our sole discretion. Free trial cancellations before the trial ends will not result in charges.

5. Acceptable Use

You agree not to use the Service to:

• Violate any applicable laws or regulations
• Infringe upon intellectual property rights
• Transmit spam, unsolicited bulk emails, or phishing attempts
• Create templates containing malicious code, viruses, or malware
• Impersonate others or provide false information
• Attempt to gain unauthorized access to the Service or other accounts
• Interfere with or disrupt the Service or servers
• Use automated systems to access the Service without authorization
• Create templates for illegal or harmful purposes
• Violate any third-party rights, including privacy rights
• Reverse engineer, decompile, or disassemble the Service
• Use the Service to compete with us or build a similar service

Violation of these rules may result in immediate termination of your account and legal action.

6. Intellectual Property Rights

6.1 Service Ownership

The Service, including its original content, features, and functionality, is owned by Peakyapps Ltd. and protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

6.2 User Content

You retain ownership of templates and content you create using the Service ("User Content"). By using the Service, you grant us a worldwide, non-exclusive, royalty-free license to:

• Store, host, and display your User Content
• Process your User Content to provide the Service
• Use your User Content for service improvement and analytics (anonymized where possible)

You represent and warrant that you own or have the necessary rights to all User Content and that it does not violate any third-party rights. You are solely responsible for any legal consequences, damages, or financial losses resulting from your User Content or its use.

6.3 AI-Generated Content

Templates generated using our AI features are created using OpenAI's technology. You are solely responsible for reviewing, editing, and ensuring AI-generated content meets your needs and complies with applicable laws. We do not guarantee the accuracy, quality, or suitability of AI-generated content. We are not responsible for any damages, incidents, or financial losses resulting from your use of AI-generated content.

7. Team Management

The Service allows you to create teams and invite team members:

• Team owners have full control over team settings and membership
• Team members can collaborate on templates and share resources
• You are responsible for managing team access and permissions
• Team subscriptions are shared among all team members
• Removing a team member revokes their access to team resources

You agree not to invite users without their consent and to ensure all team members comply with these Terms.

8. Email Sending and User Responsibility

The Service allows you to send test emails. You are solely and entirely responsible for all consequences arising from your use of email sending features.

• You may only send emails to recipients who have consented to receive them
• You must comply with all applicable email marketing laws (CAN-SPAM, GDPR, etc.)
• You are fully responsible for the content, accuracy, and legality of all emails sent through the Service
• You are solely responsible for any damages, losses, legal claims, fines, penalties, or other consequences resulting from emails you send
• We are not responsible for any financial losses, business damages, legal issues, or incidents caused by your use of email sending features
• We reserve the right to limit or suspend email sending if abuse is detected
• We are not responsible for email delivery failures, spam filtering, or recipient complaints
• You agree to indemnify us against all claims, damages, and expenses arising from emails you send

WE ARE NOT RESPONSIBLE FOR ANY DAMAGES, INCIDENTS, FINANCIAL LOSSES, OR LEGAL CONSEQUENCES THAT YOU CAUSE THROUGH YOUR USE OF EMAIL SENDING FEATURES OR ANY OTHER ASPECT OF THE SERVICE.

9. Disclaimers and Limitations of Liability

9.1 Service Availability

We strive to provide reliable service but do not guarantee uninterrupted or error-free operation. The Service is provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

9.2 User-Caused Damages and Incidents

WE ARE NOT RESPONSIBLE FOR ANY DAMAGES, INCIDENTS, FINANCIAL LOSSES, OR MONEY ISSUES THAT YOU CAUSE THROUGH YOUR USE OF THE SERVICE. This includes, but is not limited to:

• Financial losses resulting from emails you send, templates you create, or content you generate
• Business damages caused by your use of the Service, including loss of customers, revenue, or business opportunities
• Legal incidents arising from your violation of laws, regulations, or third-party rights
• Fines and penalties imposed on you due to your use of the Service
• Reputational damage to you or others caused by your content or actions
• Data breaches or security incidents caused by your negligence or misuse
• Any consequences resulting from your failure to comply with these Terms or applicable laws

YOU USE THE SERVICE AT YOUR OWN RISK. WE ARE NOT LIABLE FOR ANY HARM, DAMAGE, OR LOSS THAT YOU CAUSE TO YOURSELF OR OTHERS THROUGH YOUR USE OF THE SERVICE.

9.3 General Limitation of Liability

To the maximum extent permitted by law, we shall not be liable for:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Service interruptions or downtime
• Errors or inaccuracies in AI-generated content
• Email delivery failures or spam filtering
• Third-party actions or services
• Loss or corruption of your data or content
• Security breaches or unauthorized access to your account
• Any damages resulting from your reliance on the Service

Our total liability, if any, shall not exceed the amount you paid us in the 12 months preceding the claim, or $100 USD, whichever is less.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION of CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. HOWEVER, TO THE FULLEST EXTENT PERMITTED BY LAW, OUR LIABILITY IS LIMITED AS SET FORTH ABOVE.

10. Indemnification and User Responsibility

YOU ARE SOLELY RESPONSIBLE FOR ALL CONSEQUENCES OF YOUR USE OF THE SERVICE. You agree to indemnify, defend, and hold harmless Peakyapps Ltd., its officers, directors, employees, agents, affiliates, and partners from and against any and all claims, demands, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees and legal costs) arising from or related to:

• Your use or misuse of the Service, including any damages, incidents, or financial losses you cause
• Your User Content, including templates, emails, and any content you create or send
• Your violation of these Terms or any applicable laws or regulations
• Your violation of any third-party rights, including intellectual property, privacy, or other rights
• Emails sent using the Service, including spam complaints, legal actions, fines, or penalties
• Any financial losses or money issues caused by your use of the Service
• Any incidents or damages resulting from your actions or omissions
• Your failure to comply with email marketing laws, data protection regulations, or other legal requirements
• Any claims made by third parties against us due to your use of the Service

THIS INDEMNIFICATION OBLIGATION SURVIVES TERMINATION OF YOUR ACCOUNT AND THESE TERMS. YOU ARE FULLY RESPONSIBLE FOR ALL CONSEQUENCES OF YOUR USE OF THE SERVICE, INCLUDING ANY DAMAGES, INCIDENTS, OR FINANCIAL LOSSES YOU CAUSE.

11. Data and Privacy

Your use of the Service is also governed by our Privacy Policy, which explains how we collect, use, and protect your information. By using the Service, you consent to the collection and use of information as described in the Privacy Policy.

We implement security measures to protect your data, but cannot guarantee absolute security. You are responsible for maintaining the confidentiality of your account credentials.

11.1 Marketing Communications

By creating an account or using our Service, you agree and consent to receive marketing emails and other promotional communications from us. We reserve the right to send you marketing communications, including but not limited to:

• Product updates, new features, and service announcements
• Promotional offers, discounts, special deals, and pricing updates
• Newsletters, company news, and industry insights
• Tips, best practices, tutorials, and educational content
• Surveys, feedback requests, and user research
• Event invitations, webinars, and training sessions
• Other marketing and promotional materials related to our Service

You acknowledge and agree that:

• We have the right to send marketing emails to the email address associated with your account
• Marketing communications are part of the Service and your use of the Service constitutes consent to receive them
• You can opt out of marketing communications at any time using the methods described below
• Opting out of marketing communications does not affect your ability to use the Service

Opt-Out Options: You may opt out of receiving marketing communications by:

• Clicking the "unsubscribe" link provided in any marketing email
• Updating your email preferences in your account settings
• Contacting us directly using the contact information provided in these Terms

Service-Related Communications: Please note that even if you opt out of marketing communications, we may still send you important service-related messages that are necessary for the operation of your account and the Service. These include, but are not limited to:

• Account verification and security notifications
• Billing and payment information
• Service updates and maintenance notices
• Changes to these Terms or Privacy Policy
• Important account alerts and warnings
• Responses to your support requests

Service-related communications are not considered marketing communications and cannot be opted out of, as they are essential for the proper functioning of your account and the Service.

12. Third-Party Services

The Service integrates with third-party services, including:

• Stripe: For payment processing
• OpenAI: For AI template generation
• Email Providers: For sending emails

Your use of these third-party services is subject to their respective terms and conditions. We are not responsible for the actions or policies of third-party services.

13. Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on this page and updating the "Last updated" date. Your continued use of the Service after changes become effective constitutes acceptance of the modified Terms. If you do not agree to the changes, you must stop using the Service.

14. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice, for any reason, including if you breach these Terms. Upon termination:

• Your right to use the Service will immediately cease
• We may delete your account and data (subject to our data retention policies)
• All provisions of these Terms that should survive termination will remain in effect

You may terminate your account at any time by contacting us or using account deletion features.

15. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to its conflict of law provisions.

Any disputes arising from these Terms or the Service shall be resolved through:

• Good faith negotiation between the parties
• If negotiation fails, binding arbitration in accordance with [Arbitration Rules]
• Or in courts of competent jurisdiction if arbitration is not available

You agree to waive any right to participate in class-action lawsuits or class-wide arbitration.

16. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

17. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Peakyapps Ltd. regarding the Service and supersede all prior agreements and understandings.

18. Contact Information

If you have any questions about these Terms, please contact us:

19. Acknowledgment

By using HTML Mailer, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. If you do not agree to these Terms, you must not use the Service.