Terms of Service
Last Updated: May 5, 2025
1. Introduction
These Terms of Service ("Terms") govern your access to and use of MakeSMTP ("Service"), a transactional email service provided by INSPIREMAIL LLC ("Company," "we," "our," or "us"). By using our Service, you agree to be bound by these Terms and our Privacy Policy. If you disagree with any part of the Terms, you may not access the Service.
INSPIREMAIL LLC
1151 Walker Rd Ste 100
Dover, DE 19904
EIN: 352734537
2. Definitions
- "Account" means a unique account created for you to access our Service.
- "User," "You," and "Your" refers to the individual or entity accessing or using the Service.
- "Content" means any data, text, information, or other materials that you upload, transmit, or otherwise make available through the Service.
- "Recipient" means any person or entity that receives emails sent through the Service.
3. Account Registration and Eligibility
3.1 Account Creation
To use certain features of the Service, you must register for 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 the password that you use to access the Service and for any activities or actions under your account. We encourage you to use "strong" passwords (passwords that use a combination of upper and lowercase letters, numbers, and symbols) with your account.
3.3 Eligibility
You affirm that you are over the age of 18, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms.
4. Service Description and Acceptable Use
4.1 Service Description
MakeSMTP is a transactional email service that allows users to send programmatic and automated emails to their users or customers.
4.2 Acceptable Use
You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service:
a) For sending unsolicited commercial email (spam);
b) For any illegal purpose, or to solicit the performance of any illegal activity;
c) To violate any international, federal, state, or local laws or regulations;
d) To infringe upon or violate our intellectual property rights or the intellectual property rights of others;
e) To send emails containing harmful content, including but not limited to viruses, malware, or phishing attempts;
f) To impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
g) To interfere with or disrupt the Service or servers or networks connected to the Service;
h) To collect or store personal data about other users or recipients without their explicit consent;
i) To transmit content that may be deemed harmful, threatening, abusive, harassing, defamatory, libelous, vulgar, obscene, or otherwise objectionable.
5. Service Limitations and Modifications
5.1 Service Limitations
We reserve the right to establish limits on the number of emails you may send, the number of recipients you may contact, and other features of the Service based on your subscription plan.
5.2 Modifications to the Service
We reserve the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.
6. Fees and Payment
6.1 Subscription Plans
We offer various subscription plans with different features and limitations. The fees for these plans are listed on our website. All fees are quoted in US dollars.
6.2 Payment
You agree to pay all applicable fees for the Service in accordance with the billing terms in effect at the time the fee or charge is due and payable. You must provide us with valid credit card or other approved payment method information.
6.3 Taxes
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
6.4 Non-Payment
If you fail to pay the applicable fees, we may suspend or terminate your access to the Service.
7. Content and Intellectual Property Rights
7.1 Your Content
You retain all of your ownership rights in your Content. By uploading Content to the Service, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, and distribute such Content solely for the purpose of providing the Service.
7.2 Intellectual Property
The Service and its original content, features, and functionality are and will remain the exclusive property of INSPIREMAIL LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries.
8. Anti-Spam Policy
8.1 Compliance with Anti-Spam Laws
You must comply with all applicable anti-spam laws, including but not limited to the CAN-SPAM Act of 2003 (15 U.S.C. § 7701, et seq.), Canada's Anti-Spam Legislation (CASL), and the European Union's General Data Protection Regulation (GDPR).
8.2 Email Consent Requirements
You must have obtained explicit and verifiable consent from all recipients before sending them emails through our Service, unless you have a legally permissible basis for sending such emails without prior consent under applicable laws.
8.3 Opt-Out Mechanism
All emails sent through the Service must include a clear and conspicuous mechanism for recipients to opt out of receiving future emails, and you must promptly honor all opt-out requests.
8.4 Reporting and Monitoring
We may monitor your use of the Service for compliance with these Terms and our Anti-Spam Policy. Any violation of this policy may result in immediate suspension or termination of your account.
9. Data Privacy and Security
9.1 Privacy Policy
Your use of the Service is also governed by our Privacy Policy, which is incorporated by reference into these Terms.
9.2 Data Security
We implement reasonable security measures to protect your data. However, no security system is impenetrable, and we cannot guarantee the security of our systems 100%. You acknowledge that you provide your personal information at your own risk.
10. Term and Termination
10.1 Term
These Terms shall remain in full force and effect while you use the Service.
10.2 Termination
We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease.
10.3 Effects of Termination
Upon termination, all provisions of the Terms which by their nature should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
11. Disclaimers and Warranties
11.1 Service Warranty Disclaimer
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.
11.2 Availability Warranty Disclaimer
INSPIREMAIL LLC DOES NOT WARRANT THAT: (A) THE SERVICE WILL FUNCTION UNINTERRUPTED, SECURE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; (C) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL INSPIREMAIL LLC, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY 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 SERVICE.
IN NO EVENT WILL INSPIREMAIL LLC'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID TO INSPIREMAIL LLC IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
13. Indemnification
You agree to defend, indemnify, and hold harmless INSPIREMAIL LLC and its licensees and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
a) Your use of and access to the Service;
b) Your violation of any term of these Terms;
c) Your violation of any third-party right, including without limitation any copyright, property, or privacy right;
d) Any claim that your Content caused damage to a third party; or
e) Any activities conducted through your account.
14. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions. Any dispute arising from or relating to the subject matter of these Terms shall be subject to the exclusive jurisdiction of the state and federal courts in Delaware.
15. 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.
16. Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
17. Waiver
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of INSPIREMAIL LLC.
18. Entire Agreement
These Terms, together with the Privacy Policy, constitute the entire agreement between you and INSPIREMAIL LLC regarding your use of the Service and supersede all prior and contemporaneous written or oral agreements between you and INSPIREMAIL LLC.
19. Contact Information
If you have any questions about these Terms, please contact us at:
INSPIREMAIL LLC
1151 Walker Rd Ste 100
Dover, DE 19904
Email: legal@makesmtp.com
By using MakeSMTP, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.