Terms of Service

Climails is a platform for creating, sending and measuring email and multichannel messaging (including, depending on your plan, SMS, WhatsApp, Telegram and web push). We may add, change or remove features over time; we will not materially reduce the core Service you have paid for during a paid term without notice.

You must be at least 18 and able to form a binding contract to use the Service. You agree to provide accurate information and keep it up to date.

You are responsible for all activity under your account, for the security of your credentials, and for the acts and omissions of your users. Notify us promptly at [email protected] of any unauthorised use.

You may use the Service only for lawful purposes and in line with these Terms and our Anti-Spam Policy, which is incorporated by reference. You must have a lawful basis and any required consent to message every recipient you upload, and must honour unsubscribe and privacy requests.

You must not send spam, use purchased, scraped or rented lists, send unlawful, infringing, deceptive or harmful content, distribute malware or phishing, attempt to breach or overload the Service, or use it to build a competing product. We may set and enforce reasonable sending and rate limits.

As between the parties, you own the data and content you submit ("Customer Data"), including your Contact data. You grant us a worldwide, non-exclusive licence to host, process and transmit Customer Data solely to provide and support the Service.

Where we process personal data within Customer Data on your behalf, we do so as your processor under our Data Processing Agreement, which forms part of these Terms.

Paid plans are billed in advance on a recurring basis and renew automatically for the same term until cancelled. Fees are stated exclusive of taxes, which you are responsible for. Usage above your plan is charged as set out in your plan, never as a hidden overage.

You can cancel at any time, effective at the end of the current billing term. Except where required by law, fees already paid are non-refundable. We may change pricing for a future term with at least 30 days' notice.

We may offer a free trial or free tier and may change or withdraw it at any time. Free usage is provided as-is and subject to the limits we publish.

You may stop using the Service and close your account at any time. We may suspend or terminate access if you materially breach these Terms or the Anti-Spam Policy, fail to pay, create risk to deliverability, security or other users, or where required by law. Where practical we will give notice and an opportunity to cure.

On termination your right to use the Service ends. You can export Customer Data before closure; afterwards we delete it as described in our Privacy Policy and DPA, subject to legal retention.

The Service, including its software, design, trademarks and documentation, is owned by Climails and its licensors and is protected by law. We grant you a limited, non-exclusive, non-transferable right to use the Service during your subscription. You receive no rights except those expressly granted.

If you send us feedback, you grant us a perpetual, royalty-free right to use it to improve the Service.

The Service may integrate with third-party products you choose to connect. Your use of them is governed by their terms, and we are not responsible for them.

To the maximum extent permitted by law, the Service is provided "as is" and "as available" without warranties of any kind, whether express, implied or statutory, including merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the Service will be uninterrupted or error-free, or that any particular deliverability outcome will be achieved.

To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or goodwill. Our total liability arising out of or relating to the Service is limited to the amounts you paid us for the Service in the 12 months before the event giving rise to the claim.

Nothing in these Terms excludes or limits liability that cannot be excluded by law, including for death or personal injury caused by negligence or for fraud, and nothing limits consumer rights you cannot waive.

You will defend and indemnify Climails against third-party claims, losses and costs arising from your Customer Data, your messages, or your breach of these Terms or applicable law, except to the extent caused by us.

Each party may receive confidential information of the other and will protect it with reasonable care and use it only to perform under these Terms, except where disclosure is required by law.

We may update these Terms. For material changes we will give reasonable notice, for example by email or in the application. If you continue to use the Service after changes take effect, you accept the updated Terms.

We want to resolve any dispute quickly and fairly. Before starting any formal proceedings, you agree to contact us at [email protected] so we can try to resolve the matter informally and in good faith.

These Terms are governed by the law of the jurisdiction in which Climails is established, and any dispute that cannot be resolved informally will be subject to its courts — except where mandatory law gives you, as a consumer, the right to bring proceedings, or rely on the protections, of the place where you live.

These Terms, together with the Privacy Policy, DPA and Anti-Spam Policy, are the entire agreement between us. If any provision is unenforceable, the rest remains in effect. We may assign these Terms in connection with a merger, acquisition or sale of assets; you may not assign without our consent. Our failure to enforce a right is not a waiver. Neither party is liable for delays caused by events beyond its reasonable control. Notices to you may be sent to your account email; notices to us go to [email protected].