Terms of Service

These terms govern your use of our email marketing platform. By using our services, you agree to these terms and conditions.

Last updated: September 6, 2025

1. Acceptance of Terms

By accessing and using our email marketing platform, you accept and agree to be bound by the terms and provision of this agreement. If you do not agree to abide by the above, please do not use this service.

2. Description of Service

We provide an email marketing platform that allows users to create, send, and track email campaigns. Our services include:

  • Email campaign creation and management
  • Contact list management and segmentation
  • Email template design and customization
  • Campaign analytics and reporting
  • Automation workflows and autoresponders
  • API access for integration

3. User Accounts and Registration

To use our services, you must register for an account. You agree to:

  • Provide accurate, current, and complete information
  • Maintain and update your account information
  • Keep your account credentials secure
  • Accept responsibility for all activities under your account
  • Notify us immediately of any unauthorized use

4. Acceptable Use Policy

You agree not to use our services for any unlawful purpose or in any way that could damage, disable, overburden, or impair our platform. Prohibited activities include:

  • Sending spam or unsolicited emails
  • Violating anti-spam laws and regulations
  • Harvesting email addresses without consent
  • Impersonating others or providing false information
  • Attempting to gain unauthorized access to our systems
  • Using our services to distribute malware or harmful content

5. Email Marketing Compliance

You must comply with all applicable email marketing laws and regulations, including:

  • CAN-SPAM Act (United States)
  • GDPR (European Union)
  • CASL (Canada)
  • Other applicable local laws

This includes obtaining proper consent, providing unsubscribe options, and including accurate sender information.

6. Content and Intellectual Property

You retain ownership of content you create using our platform. However, you grant us a license to use, store, and process your content to provide our services.

You are responsible for ensuring you have the rights to use any content, including images, text, and other materials in your campaigns.

7. Privacy and Data Protection

We are committed to protecting your privacy and the privacy of your subscribers. Our collection and use of personal information is governed by our Privacy Policy.

You are responsible for ensuring your email campaigns comply with applicable privacy laws and that you have proper consent from your subscribers.

8. Service Availability and Limitations

We strive to provide reliable service but cannot guarantee uninterrupted access. Our services are provided "as is" and may be subject to:

  • Scheduled maintenance and updates
  • Technical issues beyond our control
  • Third-party service dependencies
  • Usage limits based on your plan

9. Payment Terms

Paid plans are billed in advance on a monthly or annual basis. You agree to:

  • Pay all fees associated with your selected plan
  • Provide accurate billing information
  • Authorize recurring charges for subscription renewals
  • Cancel your subscription before the next billing cycle to avoid charges

10. Termination and Suspension

We may suspend or terminate your account for violations of these terms. You may cancel your account at any time through your dashboard.

Upon termination, your access to the platform will cease, and we may delete your data in accordance with our data retention policies.

11. Limitation of Liability

Our liability is limited to the amount you paid for our services in the 12 months preceding any claim. We are not liable for indirect, incidental, or consequential damages.

12. Changes to Terms

We may update these terms from time to time. We will notify you of material changes via email or through our platform. Continued use constitutes acceptance of updated terms.

13. Contact Information

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

Email

legal@octasend.com

Questions About Our Terms?

Our legal team is here to help you understand our terms of service and ensure compliance with our platform.

📧 Contact Legal Team