Terms of Service

1. Introduction

These Terms of Service ("Terms") govern your access to and use of the services provided by Lettermint V.O.F. ("Lettermint," "we," "us," or "our"), including our website, email delivery platform, APIs, and other associated services (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms. If you are using our Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

If you do not agree with these Terms, you may not access or use our Services.

2. Services Description

Lettermint is an Email Service Provider (ESP) hosted within the European Union. We provide secure, reliable email delivery services, including but not limited to transactional email delivery, marketing campaign management, email APIs, and related analytics.

We are committed to maintaining compliance with EU data protection regulations, including the General Data Protection Regulation (GDPR).

3. Account Registration and Eligibility

3.1 Account Creation

To use our Services, you must create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

3.2 Account Security

You are responsible for safeguarding your account credentials and for all activities that occur under your account. You must immediately notify us of any unauthorized use of your account or any other breach of security.

3.3 Age Requirement

You must be at least 18 years old to use our Services. By using our Services, you represent and warrant that you meet this age requirement.

4. Subscription and Payment Terms

4.1 Subscription Plans

We offer subscription-based pricing plans for our Services. Details of our current pricing plans are available on our website.

4.2 Billing and Payment

You agree to pay all fees associated with your subscription plan. We will bill you on a recurring basis (monthly or annually, depending on your selected plan). You authorize us to charge the payment method you provide to us.

4.3 Overages

If your usage exceeds the limits of your subscription plan, additional charges ("overages") will apply at the rates specified for your plan. Overages will be billed to your account automatically.

4.4 Price Changes

We reserve the right to change our prices at any time. If we change the prices for your subscription, we will provide notice of the change on our website or via email at least 30 days before the change takes effect.

4.5 Taxes

All fees are exclusive of taxes, which we will charge as applicable. You are responsible for paying all taxes associated with your use of the Services.

4.6 Refunds

We offer a 30-day refund period for new subscriptions. If you are not satisfied with our Services, you may request a refund within 30 days of your initial purchase. After this period, all payments are non-refundable.

5. Service Level Agreement

5.1 Uptime Commitment

We commit to maintaining 99.99% uptime for our Services, excluding scheduled maintenance.

5.2 Scheduled Maintenance

We may perform scheduled maintenance on our Services. We will provide advance notice of scheduled maintenance whenever possible.

5.3 Service Credits

If we fail to meet our uptime commitment in any calendar month, you may be eligible for service credits as detailed in our Service Level Agreement available on our website.

6. Acceptable Use

6.1 Compliance with Laws

You agree to use our Services in compliance with all applicable laws, regulations, and industry standards.

6.2 Prohibited Content

You may not use our Services to transmit, distribute, or store content that:

• Is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or invasive of another's privacy
• Infringes or misappropriates the intellectual property rights or other rights of any third party
• Contains software viruses or any other code designed to interrupt, destroy, or limit the functionality of any computer software or hardware
• Constitutes unsolicited commercial email ("spam")
• Is designed for phishing or similar fraudulent activities
• Relates to adult content, gambling, firearms, or other heavily regulated industries without proper authorization and compliance with applicable laws
• Violates any applicable anti-spam laws or regulations, including the CAN-SPAM Act and similar legislation

6.3 Prohibited Activities

You may not:

• Use our Services to engage in any activity that interferes with or disrupts our Services or the servers and networks connected to our Services
• Attempt to gain unauthorized access to our Services, other accounts, or computer systems
• Use our Services to send automated, unsolicited, or unauthorized messages
• Use our Services in any manner that could disable, overburden, damage, or impair our Services
• Harvest or collect email addresses or other contact information from our Services by electronic or other means for the purpose of sending unsolicited emails or other communications

6.4 Email Sending Practices

You agree to follow email industry best practices, including:

• Only sending emails to recipients who have given their consent to receive communications from you
• Including a clear and conspicuous unsubscribe mechanism in all marketing emails
• Honoring unsubscribe requests promptly
• Including accurate sender information in all emails
• Maintaining and updating your recipient lists to remove invalid addresses and unsubscribes

6.5 Monitoring and Enforcement

We reserve the right to monitor your use of our Services to ensure compliance with these Terms. We may suspend or terminate your access to our Services if we determine, in our sole discretion, that you have violated these Terms.

7. User Content

7.1 Definition

"User Content" means any content that you upload, transmit, or otherwise make available through our Services, including email content, contact lists, templates, and other materials.

7.2 Ownership

You retain all rights to your User Content. By using our Services, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, transmit, and distribute your User Content solely for the purpose of providing and improving our Services.

7.3 Responsibility for User Content

You are solely responsible for your User Content and the consequences of uploading, publishing, or otherwise making it available through our Services. You represent and warrant that:

• You own or have obtained all necessary rights, licenses, consents, and permissions to use and authorize us to use your User Content
• Your User Content does not violate or infringe upon the rights of any third party, including intellectual property rights, privacy rights, or publicity rights
• Your User Content complies with these Terms and all applicable laws and regulations

7.4 Contact Lists

You represent and warrant that any contact list you upload or use with our Services:

• Was obtained legally and ethically
• Includes only individuals who have consented to receive communications from you
• Complies with all applicable data protection and privacy laws, including the GDPR where applicable

7.5 No Monitoring Obligation

We do not monitor or control User Content and, as such, do not guarantee the accuracy, integrity, or quality of such content. However, we reserve the right to review and remove any User Content that violates these Terms or that we find objectionable.

8. Privacy and Data Protection

8.1 Privacy Policy

Our Privacy Policy, available at lettermint.co/privacy, describes how we collect, use, and share information about you when you use our Services. By using our Services, you consent to the collection, use, and sharing of your information as described in our Privacy Policy.

8.2 Data Processing Agreement

If you are subject to the GDPR or similar data protection laws, our Data Processing Agreement, available at lettermint.co/dpa, applies to our processing of personal data on your behalf.

8.3 Data Security

We implement appropriate technical and organizational measures to protect the security, confidentiality, and integrity of your data. However, no security system is impenetrable, and we cannot guarantee the security of our systems 100%.

9. Intellectual Property Rights

9.1 Our Intellectual Property

The Services, including all content, features, and functionality, are owned by Lettermint or our licensors and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

9.2 License to Use Services

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services for your internal business purposes.

9.3 Restrictions

You may not:

• Copy, modify, or create derivative works based on our Services
• Reverse engineer, decompile, or disassemble any portion of our Services
• Remove any copyright, trademark, or other proprietary notices from our Services
• Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Services to any third party
• Use our Services for any purpose other than as expressly permitted by these Terms

9.4 Feedback

If you provide us with any feedback or suggestions regarding our Services, you grant us an unlimited, irrevocable, perpetual, sublicensable, transferable, royalty-free license to use such feedback for any purpose without compensation to you.

10. Third-Party Services and Content

10.1 Third-Party Services

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

10.2 Third-Party Content

Our Services may display content from third parties. You acknowledge that we are not responsible for such content and that we have no obligation to monitor, review, or remove third-party content.

11. Termination

11.1 Term

These Terms will remain in effect until terminated by you or us.

11.2 Termination by You

You may terminate these Terms at any time by canceling your account and discontinuing use of our Services.

11.3 Termination by Us

We may terminate or suspend your access to our Services immediately, without prior notice or liability, for any reason, including if you breach these Terms.

11.4 Effect of Termination

Upon termination, your right to use the Services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

11.5 Data Retention and Deletion

After termination, we will retain your data for a limited period as described in our Privacy Policy. You may request deletion of your data by contacting us at legal@lettermint.co.

12. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LETTERMINT, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICES.

UNDER NO CIRCUMSTANCES WILL LETTERMINT'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID LETTERMINT IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED EUROS (€100).

THE LIMITATIONS OF LIABILITY IN THIS SECTION APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF LETTERMINT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

14. Indemnification

You agree to defend, indemnify, and hold harmless Lettermint, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to, your User Content, any use of the Services' content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Services.

15. Governing Law and Jurisdiction

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

Any legal action or proceeding arising out of or relating to these Terms shall be exclusively brought in the courts located in the Netherlands, and you consent to the personal jurisdiction and venue of such courts.

16. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Services.

17. General Provisions

17.1 Entire Agreement

These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire agreement between you and us concerning the Services.

17.2 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Lettermint.

17.3 Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.

17.4 Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. We may freely assign or transfer these Terms without restriction.

17.5 Force Majeure

We will not be liable for any delay or failure to perform any obligation under these Terms where the delay or failure results from any cause beyond our reasonable control, including acts of God, labor disputes or other industrial disturbances, electrical or power outages, utilities or telecommunications failures, earthquakes, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.

18. Contact Information

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

Lettermint V.O.F.
Willemsvaart 16 B
8019 AB Zwolle
The Netherlands
Email: legal@lettermint.co