Terms of Service

Last updated: October 4, 2026

These Terms of Service ("Terms") are an agreement between AguMail LLC, a Washington limited liability company ("AguMail", "we", "us"), and the business that opens or uses an AguMail account ("you"). They cover the AguMail website, web app, hosted signup pages, API, WordPress plugin, and every email sent through them (together, the "Service").

Please read Section 19 carefully. It requires you to resolve disputes with us through individual binding arbitration and waives class actions and jury trials. Section 16 to Section 18 limit our liability and make you responsible for claims arising from your email and content.

1. About these Terms

By creating an account, clicking to accept these Terms, or using the Service, you agree to these Terms, our Privacy Policy, and the plan details on our pricing page, which together form the agreement between you and us. If you do not agree, do not use the Service.

If you accept these Terms for a company or other organization, you confirm that you have authority to bind it, and "you" means that organization. If you have a separate written agreement with us signed by an authorized representative of AguMail, it controls where it conflicts with these Terms.

2. Who may use AguMail

Business use only. You agree to use the Service for your trade, business, craft or profession, including as a sole proprietor, creator or nonprofit organization, and not for personal, family or household purposes. You are not acting as a consumer when you use the Service, and to the extent the law allows, laws that protect only consumers do not apply to your use of it. We may close accounts that are used for personal purposes.

You must be at least 18 years old and able to form a binding contract. You may not use the Service if you are located in, or organized under the laws of, a country or region subject to comprehensive U.S. sanctions, if you are on a U.S. government list of restricted parties, or if you act for someone who is.

Each account belongs to one business. You may not open more than one account to get around plan limits, the Free plan's limits or an enforcement action, and you may not share one account among unrelated businesses. We may refuse to open an account, or close one during review, at our discretion.

3. Your account

Give us accurate information when you register and keep it up to date, including your email address, business name, and the postal address that appears in your emails. Keep your password and API keys secure. You are responsible for all activity under your account, including activity by anyone you give access to. Tell us promptly at mihai@agumail.com if you believe your account has been accessed without your permission.

We send service and billing messages by email and in the app. You agree to receive them electronically and agree that they satisfy any legal requirement for a communication to be in writing. You can opt out of our marketing emails, but not service messages, while you have an account.

4. Plans, limits and the Free plan

Plans and limits. Our plans, their prices and their limits, including the number of contacts you can hold, the emails you can send each month, the writing assistant units you can use each month, and the features each plan includes, are described on our pricing page and in the app. When you reach a limit, the Service may stop the action it limits (for example, imports stop adding contacts, and sending stops, including a send already in progress) until the limit resets at the start of the next calendar month or you move to a plan with a higher limit. Unused allowances do not carry over.

Usage above your limits. We may offer, or add to your plan, paid usage above its limits ("overages") and paid add-ons. Overages and add-ons you choose are charged at the rates shown when you choose them. We will tell you at least 30 days before overage charges first apply to a plan you already have, and you can avoid them by moving to another plan or cancelling before then. Overages are billed through Link, with your subscription.

Safety limits. We also apply sending limits that protect deliverability for every customer, such as a daily limit for new accounts, a monthly limit for accounts with no payment method on file, and a limit on the size of a send from our shared sending address. They apply on every plan, are shown in the app, and may change at any time.

Free trial. New accounts receive a 14-day free trial. No payment method is required to open an account; one is required to send more than 100 emails in a calendar month, and adding it does not itself create a charge. When the trial ends, your account moves to the Free plan unless you have bought a plan. Buying a plan during the trial ends the trial and starts billing immediately.

Free plan. The Free plan has no end date, but we provide it without commitment and may change its limits and features, or discontinue it, at any time. Emails and signup forms on the Free plan, and on accounts whose payment has failed, carry a "Sent with AguMail" or "Powered by AguMail" badge. You must not remove, hide or alter it.

Complimentary plans and credits. Complimentary plans, extra writing assistant units, promotional credits and similar grants have no cash value, cannot be transferred or exchanged, and may be changed or withdrawn at any time.

Migration help. If we offer to move your contacts or content from another provider, we do it as a courtesy and on a best-effort basis. You remain responsible for the permission of every contact we move for you, and we may decline or stop a migration, including one that fails our list quality checks.

Beta features. Features we label as beta, preview or early access are provided as they are, may change or end without notice, and are excluded from any commitment in these Terms.

Support. We provide support by email and in the app. We do not guarantee a response time. Plan descriptions such as "priority support" describe the order in which we handle requests, not a service level.

5. Billing through Link, renewal and cancellation

Link is the merchant of record. Paid plans are sold through Link. Sold through Link, LLC ("Link"), a Stripe affiliate, is the reseller and merchant of record for purchases of AguMail plans. Link takes your payment, calculates and collects any sales tax, VAT or GST, issues your receipts and invoices, and handles payment disputes. Link's Sold Through Link Terms and Purchase Terms govern the purchase and payment. These Terms govern your use of the Service. Charges appear on your statement with a LINK.COM prefix.

Prices. Prices, including any overage rates, are shown on our pricing page or in the app, in U.S. dollars, and do not include taxes, which Link adds where they apply.

Automatic renewal. Paid plans renew automatically until you cancel. A monthly plan renews every month and an annual plan renews every year, each for the same length of time and at the current price for your plan, and your payment method is charged at the start of each period. An annual plan is billed as one payment for the whole year.

Price changes. We may change our prices, including overage rates. We will tell you at least 30 days before a new price applies to you, and it applies from your first renewal or billing period after that notice. If you do not agree, cancel before then.

Changing plans. Upgrades take effect immediately and are charged at that time, with credit for the unused part of your current plan. Downgrades and switches between monthly and annual billing take effect at the end of the current period. We may block plan changes while a payment is failing or a cancellation is pending.

Cancellation. You can cancel at any time from the Plan page in AguMail or from your Link account at link.com. Cancellation takes effect at the end of the period you have paid for. You keep your plan until then, you are not charged again, and your account then moves to the Free plan. If Link cancels your subscription under its own terms, your account moves to the Free plan at that time.

No refunds. Fees are non-refundable. We do not give refunds or credits for partial periods, unused limits, downgrades, the rest of a period after you cancel, or periods in which you did not use the Service, except where applicable law requires a refund or Link grants one under its own refund policy. If a payment is refunded, we may end or downgrade the plan it paid for.

Failed payments. If a payment fails, your paid plan continues for 7 days while you update your payment method. After that, your account runs under reduced limits until the payment succeeds, and if it stays unpaid, your account moves to the Free plan. We may suspend an account with an unpaid balance.

Chargebacks. If you dispute a charge with your bank instead of contacting us or Link, we may suspend your account while the dispute is open, and close it if the charge was valid.

6. Acceptable use and anti-spam policy

AguMail exists to send email that people subscribed to, and email about shopping they did with you. This policy applies to everything you send, host or upload through the Service. It is part of these Terms, and breaking it is a material breach of them.

Permission. Send email only to people who gave you permission to email them about what you are sending, for example by subscribing on your website or signup form, or by buying from you where the law allows email after a purchase. Shopper emails, described in the next paragraph, are the one exception to this paragraph, and every other rule in this policy still applies to them. Keep a record of how and when each contact gave permission, and give it to us on request. When you import contacts, or confirm during an import that you have permission, you are making that statement to us, and we rely on it.

Shopper emails. Abandoned-cart, browse-abandonment and after-purchase flows (flows that start when a shopper places an order) can email shoppers who gave your store their email address without subscribing, for example when creating an account or at checkout. That includes an address a shopper typed at checkout and never submitted, as described under checkout email capture in Section 11. AguMail shows these shoppers as "Never subscribed". Campaigns and all other flows never reach them. Shopper emails reach them by default. You decide whether sending these emails is lawful for you and for each recipient, wherever that recipient is, and you are solely responsible for that decision. To write to subscribers only, add a filter with the rule "Email permission is Subscribed" to those flows, under "Who can enter" on the flow's trigger or under "Only send if" on an email. Every shopper email carries an unsubscribe link, and an unsubscribe stops all further email to that person until they subscribe again themselves.

Sending practices. You must not:

  • Use purchased, rented, traded, scraped, harvested or appended lists, third-party or co-registration lists, or addresses collected for a different purpose (apart from the shopper emails described above).
  • Email people who have unsubscribed, complained or hard-bounced, or add them again to get around suppression.
  • Remove, hide or break the unsubscribe link or the unsubscribe headers the Service adds, or make unsubscribing require a login, a fee, or any information other than an email address.
  • Use false or misleading sender names, from addresses, reply-to addresses, headers or routing information, or use a domain or brand you do not own or have permission to use.
  • Use subject lines or content that are false or misleading, including false urgency or deadlines (for example, a sale that "ends tonight" when it does not), or disguise marketing email as personal or transactional email.
  • Send phishing, malware, or links to sites that host them.
  • Send email whose main purpose is affiliate marketing, lead generation, or selling or brokering lists or contact data.

Prohibited content and businesses. You must not use the Service to send, host or promote:

  • Anything illegal, anything that promotes illegal activity, or goods and services you are not licensed to sell where you sell them.
  • Sexually explicit material or adult services, or any content that sexualizes minors.
  • Hate speech, harassment, threats, or content that promotes violence or self-harm.
  • Content that infringes intellectual property, privacy or publicity rights, or counterfeit goods.
  • Multi-level marketing, pyramid schemes, or get-rich-quick and work-from-home schemes.
  • Payday or high-interest loans, debt relief, credit repair, or trading and investment offers in cryptocurrency, foreign exchange, binary options or tokens.
  • Online gambling, betting or lotteries.
  • Prescription drugs, pharmacies without the required licenses, drug paraphernalia, or health claims that are false or not supported by evidence.
  • Content designed to deceive, including impersonating a person or organization, fake reviews or testimonials, or manipulated media presented as real.
  • Sale of social media followers, likes, reviews or accounts.
  • Any other content or business that we decide, in our reasonable discretion, creates unusual risk to deliverability, to our reputation, or to other customers.

Sending quality. Keep your spam complaint rate below 0.1% and your bounce rate below 5% of the email you send, and stop mailing contacts who have not engaged for a long time. We monitor bounces, complaints, unsubscribes, spam traps and engagement. When these or other signals suggest a problem, we may throttle, pause or stop your sending, hold imported contacts until they confirm their subscription, or suspend your account, automatically and without notice. These safeguards protect the platform. They do not check your compliance with the law or with this policy for you.

Laws you must follow. You are responsible for complying with every law and rule that applies to your email, lists and pages, including the U.S. CAN-SPAM Act, Washington's Commercial Electronic Mail Act (RCW 19.190) and other state email laws, Canada's Anti-Spam Legislation (CASL), the EU and UK GDPR and electronic privacy rules, U.S. state privacy laws, and the sender requirements of mailbox providers such as Gmail, Yahoo and Microsoft. That includes identifying your business, including a valid physical postal address in every marketing email, and honoring unsubscribe requests within two days. Features such as the automatic unsubscribe footer and the required postal address help, but they do not make your email compliant. Nothing we say or provide is legal advice.

Misusing the Service. You must not:

  • Access the Service other than through our apps and documented API, or scrape it.
  • Probe, scan or test the security of the Service, or bypass its authentication or limits, without our written permission.
  • Interfere with or overload the Service, including by exceeding API rate limits.
  • Copy, reverse engineer, or use the Service to build a competing product.
  • Resell or sublicense the Service, or provide it to others as a service, without our written agreement.
  • Use hosted pages or forms to collect passwords, payment details or other sensitive information, or for phishing.
  • Help anyone else do any of these things.

If you find a security vulnerability, report it to mihai@agumail.com and do not access other customers' data.

Enforcement. We may investigate suspected violations and, at our discretion and without liability to you, remove or disable content, pause campaigns or automations, hold or quarantine contacts, revoke API keys, suspend or close your account, and report conduct to law enforcement or mailbox providers. When practical we will tell you what we did and why, but we do not have to warn you before we act. If we close your account for violating this policy, you are not entitled to a refund.

7. Your content and your subscribers

You own your content. You keep all rights to your contacts and subscriber data, email designs and text, images, forms, pages, store data, and everything else you upload to or create in the Service ("Your Content").

What you let us do with it. You grant AguMail a worldwide, non-exclusive, royalty-free license to host, store, copy, process, transmit, display, adapt (for example, to format email for different devices) and send Your Content, only as needed to provide, secure and improve the Service and as these Terms allow. The license ends when Your Content is deleted from the Service, except for copies we must keep by law or that remain in backups for a limited time.

Your responsibility. You are solely responsible for Your Content, every email you send and every page you publish. You confirm that you have all the rights and permissions needed for Your Content and for our use of it under these Terms, and that Your Content and your use of the Service do not violate any law or anyone's rights.

Sensitive data. Do not upload, collect through signup forms, or store in the Service: government identification numbers, payment card or bank account numbers, passwords, health or genetic data, other special categories of personal data, data about criminal convictions, or personal data of children under 16. The Service is not designed to protect that kind of data, and we are not responsible for it.

Review. We do not review Your Content before it is sent and have no obligation to. We may review, block or remove it if we believe it violates these Terms or the law, or to protect the Service.

What we will not do. We do not sell your contacts, and we do not use them to send our own marketing. We may create aggregated or de-identified data from use of the Service, such as delivery and engagement statistics that do not identify you or any subscriber, and use it to operate, secure and improve the Service.

Keep your own copies. You can export your contacts at any time. We do not guarantee that we can back up or restore Your Content, and content that is deleted cannot be recovered.

8. Data processing terms

This section applies when we process personal data about your contacts, subscribers, customers and website visitors ("Subscriber Data") on your behalf. It is the data processing agreement between you and us, including for Article 28 of the EU and UK GDPR. Personal data about you and your team as our customer is covered by our Privacy Policy, where we act as controller.

  • Roles. You are the controller of Subscriber Data (or the "business", under U.S. state privacy laws) and we are your processor (or "service provider"). You are responsible for having a lawful basis for the Subscriber Data you give us and for the processing you set up, including the flows you publish and your use of our WordPress plugin and site script. You are also responsible for giving any required notices and for your instructions.
  • Instructions. We process Subscriber Data only to provide the Service, on your documented instructions, which are these Terms and the way you set up and use the Service, unless the law requires otherwise, in which case we will tell you first where the law allows. Shopper emails, described in Section 6, and checkout email capture, described in Section 11, are processed on your instruction, which you give by publishing those flows and by using our WordPress plugin. We will tell you if we believe an instruction breaks data protection law. We will not sell or share Subscriber Data, or use it for any purpose other than providing the Service.
  • Confidentiality and security. People we authorize to process Subscriber Data are bound by confidentiality. We maintain technical and organizational measures designed to protect it, including encrypting data in transit over public networks, restricting access to people who need it, and logging administrative actions.
  • Sub-processors. You authorize us to use the sub-processors listed in our Privacy Policy, such as our hosting, email delivery, payment and AI providers. We bind them to data protection obligations that protect Subscriber Data at least as well as this section, and we update the list before a new sub-processor processes Subscriber Data. If you object to a new sub-processor on reasonable data protection grounds, your remedy is to stop using the Service and close your account.
  • Assistance. Taking into account the nature of the processing and the information available to us, we help you respond to requests from people exercising their data protection rights, mainly through the Service's tools for editing, exporting and deleting contacts, and help you meet your obligations on security, breach notification, impact assessments and consultation with regulators.
  • Breaches. We will tell you without undue delay after we become aware of a personal data breach affecting Subscriber Data, and give you the information we reasonably can to help you meet your own obligations.
  • Deletion. When you delete contacts or your account, we delete the related Subscriber Data from our live systems, except where the law requires us to keep it. Remaining copies in backups and logs are deleted as they expire.
  • Audits. On written request, we will make available the information reasonably needed to show that we comply with this section. Any audit beyond that must be agreed in advance, happen no more than once a year with at least 30 days' notice, be at your cost, and be subject to confidentiality.
  • Location and transfers. We and our sub-processors process Subscriber Data in the United States and in other countries where they operate. If you need Standard Contractual Clauses or another mechanism to transfer personal data from the EU, the UK or Switzerland, contact us before you upload that data.
  • Details of processing. We process Subscriber Data to store contacts, send email, host signup pages, run automations and measure engagement, for as long as you use the Service. It may include contact details, consent records, engagement data (opens, clicks, bounces and unsubscribes), website activity such as pages and products viewed, order, cart and product data you choose to send, and email addresses captured on your store before a form is submitted. The people concerned are your contacts, subscribers, customers and website visitors.
  • Liability. Each party's liability under this section is subject to Section 17 to the extent the law allows.

9. Writing assistant and generated content

Some features write text, subject lines, designs, signup pages, segments, automation flows and sending plans using third-party artificial intelligence models ("Generated Content"). To produce it, we send our AI providers the context the feature needs, such as your business profile, the content you are editing, or the text and images on your website. We do not send them your contact lists.

Generated Content can be inaccurate, incomplete, off-brand, or similar to content produced for others, and it may not be protected by copyright. Treat it as a draft. Review and edit it before you send or publish it, including checking that every claim, price, deadline and subject line is true. You are responsible for Generated Content you use, as you are for any other content you send. As between you and us, you own the Generated Content we produce for you, to the extent any rights in it exist.

When you give us a website address, you authorize us to visit, read and take screenshots of that site and to use its text, images, logos and colors to produce content for you. Give us only sites that you own or are authorized to use this way. You are responsible for your right to use material taken from them.

Do not enter personal data about your subscribers, or anyone's confidential information, into these features beyond what a feature needs. Writing assistant units reset every calendar month, do not carry over, and have no cash value. We may limit or decline any request, and we may change the models and providers we use.

10. Templates, images and third-party services

Templates. Templates in the AguMail library are licensed to you, non-exclusively and while you have an account, for use in email and pages you create with the Service. You may not resell or redistribute the library or its templates as templates. The versions you edit become Your Content.

Images. Photos in library templates, and photos we add to content we generate for you, come from third-party stock libraries under their own licenses. They may show people, places, products or brands. Do not use them in a way that suggests anyone shown endorses you, or that is misleading, offensive or defamatory. We may replace or remove templates and images at any time.

Other services. The Service works with services we do not control, including Link and Stripe, Amazon Web Services, WooCommerce and WordPress, analytics and advertising tools, mailbox providers, and AI providers. Their own terms govern your use of them, and we are not responsible for them, for their availability, or for data you choose to send to them.

11. Hosted pages, site script, API and integrations

Hosted pages. Signup pages you publish are public, on our pages domain, at an address that includes your handle. You are responsible for them and their content. We may change, reclaim or disable a handle or page that infringes someone's rights, impersonates a person or brand, or misleads visitors, and a handle you stop using may stay reserved.

Cookies and tracking. If you install our site script or leave it on in our WordPress plugin, embed our forms, or turn on Google Analytics or Meta Pixel on a hosted page, you are responsible for giving your visitors any notice and getting any consent the law requires, including for cookies. Our consent tools are provided to help and may not meet every legal requirement that applies to you.

API. Keep API keys secret, use the API only as documented, and stay within its rate limits. You are responsible for everything done with your keys. API access depends on your plan, and we may change, limit or retire API features.

Webhooks and destinations you choose. When you send data to a webhook or another destination you choose, that destination is not part of the Service, and you are responsible for it.

WordPress plugin. Our WordPress plugin is licensed under the GNU General Public License, version 2 or later. The Service it connects to is governed by these Terms.

Checkout email capture. On your instruction, our WordPress plugin records the email address a shopper types at your WooCommerce checkout before the order is placed, and the address typed into your store's login or registration form before it is submitted, so that an abandoned cart, and the products that shopper goes on to view, can be followed up. The marketing checkbox is recorded only when the order or registration is submitted. You are responsible for any notice, privacy policy disclosure or consent this requires under any law that applies to you or to the shopper, wherever the shopper is, for example U.S. state laws on recording communications and EU and UK electronic privacy rules.

12. Sending, deliverability and reporting

We do not guarantee that any email will be delivered, delivered by a particular time, or placed in the inbox rather than a spam or promotions folder. Mailbox providers decide that themselves, mostly based on your content, your list and your sender reputation.

Until you verify your own sending domain, your email is sent from an address on our shared sending domain, with your email address as the reply-to. You must not use that address to impersonate anyone. Verify only domains you own or are authorized to use. You are responsible for the DNS records on your domain, and the records we ask you to publish may change if we change sending providers or methods, in which case we will give you reasonable notice. Our email providers may throttle, pause or reject sending on their own, and we may change providers, sending domains or IP addresses at any time.

Opens, clicks, revenue and other engagement figures are estimates. Privacy features in email apps, security scanners and ad blockers make them imprecise, so do not rely on them as exact.

13. Suspension, cancellation and account deletion

Closing your account. You can stop using the Service at any time, and delete your account from Settings → Account → Danger zone. Deleting your account cancels any subscription and permanently erases your contacts, campaigns, templates and pages, including your unsubscribe and suppression records. It cannot be undone, and we cannot recover anything. Before you delete it, export your contacts, including which of them have unsubscribed, so you can keep honoring those opt-outs wherever you email them next.

Suspension and closure by us. We may suspend or limit the Service, or close your account, immediately and without notice if we believe you have breached these Terms, if your account puts the Service, our deliverability, other customers or anyone else at risk, if you have not paid, or if the law, a court, a regulator or one of our providers requires it. We may also close Free plan accounts that have not been used for 12 months, after telling you by email at least 30 days before.

Closure for other reasons. We may stop providing the Service to you for any other reason by giving you at least 30 days' notice. If we do, we will arrange a refund of any fees you prepaid for the period after your account closes.

What happens next. When your account closes, your right to use the Service ends, and we delete Your Content as described in this section and in Section 8, except where the law requires us to keep it. We are not liable to you or anyone else for suspending or closing an account, or deleting content, in line with these Terms. Sections that by their nature should continue, including those on fees owed, Your Content, disclaimers, limitation of liability, indemnity, dispute resolution and general terms, survive.

14. Our intellectual property and feedback

The Service, including its software, design, templates, text and graphics, and the AguMail name and logo, belongs to AguMail and its licensors and is protected by law. Subject to these Terms, we give you a limited, non-exclusive, non-transferable and revocable right to use the Service for your business while your account is open. We reserve all rights not expressly granted. Do not use our name or logo in a way that suggests we endorse you, other than through the badge the Service adds.

If you send us ideas or feedback, we may use them freely and without any obligation to you.

We respond to notices of alleged copyright infringement under the U.S. Digital Millennium Copyright Act. To report material hosted on or sent through the Service, email mihai@agumail.com with the subject "Copyright notice" and include:

  • your name, postal address, phone number and email address;
  • the copyrighted work you believe is being infringed;
  • where the material is, such as a page address or a copy of the email;
  • a statement that you believe in good faith that the use is not authorized by the copyright owner, its agent or the law;
  • a statement, under penalty of perjury, that your notice is accurate and that you are the owner or authorized to act for the owner; and
  • your physical or electronic signature.

We may remove material in response, and we will close the accounts of repeat infringers in appropriate circumstances. If your material was removed and you believe that was a mistake, you can send a counter-notice to the same address.

16. Disclaimers

THE SERVICE, INCLUDING GENERATED CONTENT, TEMPLATES AND THE FREE PLAN, IS PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT THE LAW ALLOWS, AGUMAIL AND ITS MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS, AGENTS, SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND ACCURACY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT EMAIL WILL BE DELIVERED OR REACH THE INBOX, THAT DATA WILL NOT BE LOST OR CORRUPTED, THAT REPORTS OR GENERATED CONTENT WILL BE ACCURATE, OR THAT THE SERVICE WILL PRODUCE ANY PARTICULAR RESULT, REVENUE OR SALES. THE SERVICE DOES NOT PROVIDE LEGAL ADVICE AND DOES NOT MAKE YOUR EMAIL COMPLIANT WITH ANY LAW.

Some jurisdictions do not allow some of these exclusions, so some of them may not apply to you.

17. Limitation of liability

TO THE FULLEST EXTENT THE LAW ALLOWS:

  • NEITHER AGUMAIL NOR ITS MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS, AGENTS, SUPPLIERS OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, SALES, BUSINESS, GOODWILL OR REPUTATION, LOSS OR CORRUPTION OF DATA, HARM TO DELIVERABILITY OR SENDER REPUTATION, OR COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY, EVEN IF WE HAVE BEEN ADVISED OF THEIR POSSIBILITY.
  • OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE FEES PAID FOR YOUR AGUMAIL PLAN IN THE 12 MONTHS BEFORE THE EVENT THAT GAVE RISE TO THE LIABILITY, AND (B) ONE HUNDRED U.S. DOLLARS (US$100).
  • THESE LIMITS APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THEY ARE AN ESSENTIAL PART OF THE BARGAIN BETWEEN US: WITHOUT THEM WE COULD NOT OFFER THE SERVICE AT ITS PRICES OR OFFER A FREE PLAN.

Nothing in these Terms limits liability that cannot be limited by law, such as liability for fraud.

18. Your indemnity

You will defend, indemnify and hold harmless AguMail and its members, managers, employees, contractors and agents against all claims, demands, investigations, damages, fines, penalties, losses, costs and expenses (including reasonable attorneys' fees) arising out of or relating to:

  • Your Content, including your lists and any Generated Content you use;
  • email you send, pages you publish, and data you collect through the Service;
  • shopper emails you send and email addresses captured on your store, including any claim that they needed a notice you did not give or a consent you did not get;
  • your breach of these Terms or of any law, including anti-spam, privacy and consumer protection laws;
  • your products and services and your dealings with your subscribers and customers; and
  • any integration, webhook or other destination you connect to the Service.

We will tell you about a claim and may choose to control its defense ourselves, at your expense. You may not settle a claim in a way that admits fault by us or imposes obligations on us without our written consent.

19. Dispute resolution, arbitration and class action waiver

Informal resolution first. Before starting arbitration or a court case, the party with a dispute must send the other a written notice describing it and the relief sought: to us at mihai@agumail.com, and to you at your account email address. We will both try in good faith to resolve it for 60 days after the notice is received.

Binding individual arbitration. Any dispute, claim or controversy between you and AguMail arising out of or relating to these Terms or the Service, including their formation, interpretation, enforceability or scope, and including claims that arose before you accepted these Terms (a "Dispute"), will be resolved by final and binding individual arbitration and not in court, except as set out below. The Federal Arbitration Act governs this section.

How arbitration works. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules, before a single arbitrator. It will take place in Seattle, Washington, unless we both agree otherwise, and may be held by video or on written submissions. Each party pays its own attorneys' fees and costs, and filing and arbitrator fees are paid as the AAA rules provide, unless the arbitrator decides otherwise under applicable law. The arbitrator's award is final, and judgment on it may be entered in any court with jurisdiction.

CLASS ACTION AND JURY WAIVER: YOU AND AGUMAIL EACH AGREE TO BRING DISPUTES ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PARTY'S CLAIMS OR PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING, AND MAY AWARD RELIEF ONLY TO THE INDIVIDUAL PARTY SEEKING IT. YOU AND AGUMAIL EACH WAIVE THE RIGHT TO A JURY TRIAL.

Exceptions. Either party may bring an individual claim in small claims court in King County, Washington, if it qualifies, and may ask a court for an injunction or other equitable relief to protect its intellectual property or confidential information, or to stop unauthorized access to or misuse of the Service. If the class action waiver is found unenforceable for a claim, that claim alone must be brought in court under Section 21, not in arbitration, and the rest of this section still applies.

Time limit. To the extent the law allows, a Dispute must be started within one year after it arose, or it is permanently barred.

Changes to this section. If we change this section after you have accepted it, the change will not apply to a Dispute we were notified of before the change.

20. Changes to the Service and to these Terms

The Service. We may add, change or remove features, and we may change or discontinue the Service. If we discontinue the whole Service, we will give you at least 30 days' notice and arrange a refund of any fees you prepaid for the period after it ends.

These Terms. We may update these Terms. For a material change, we will tell you by email or in the app at least 30 days before it takes effect. Changes needed for legal, security or abuse-prevention reasons, and changes for new features, may take effect sooner, including immediately. The date at the top of this page shows the current version. If you keep using the Service after a change takes effect, you accept the updated Terms. If you do not agree, stop using the Service, and cancel or delete your account before the change takes effect.

21. General terms

Governing law and courts. These Terms and any Dispute are governed by the laws of the State of Washington and applicable U.S. federal law, without regard to conflict of laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Subject to Section 19, the state and federal courts located in King County, Washington have exclusive jurisdiction over any Dispute that is not arbitrated, and you and we consent to their personal jurisdiction.

Events beyond our control. We are not liable for any delay or failure caused by events beyond our reasonable control, including outages or actions of our hosting, email, payment or AI providers, filtering or blocking by mailbox providers, internet or power failures, cyberattacks, labor disputes, natural disasters, epidemics, war, terrorism and government action.

Assignment. You may not assign or transfer these Terms or your account without our written consent. We may assign them without your consent, including as part of a merger, acquisition or sale of assets.

Notices. We send notices to your account email address or in the app, and they take effect when sent. Send notices to us at mihai@agumail.com.

Everything else. These Terms, with the documents they refer to, are the entire agreement between you and us about the Service and replace any earlier agreement about it. If any part is found unenforceable, it will be enforced to the maximum extent possible and the rest stays in effect. Not enforcing a right is not a waiver of it. You and we are independent contractors, and these Terms create no third-party beneficiaries. You will comply with U.S. export control and sanctions laws when you use the Service. Headings are for convenience only, and "including" means "including without limitation". If these Terms are translated, the English version controls.

22. Contact

AguMail LLC, Seattle, Washington, United States. Questions about these Terms, legal notices, and reports of spam or abuse sent through AguMail: mihai@agumail.com.