Terms of Service

1. Acceptance of these Terms

These Terms of Service ("Terms") govern your access to and use of the BlacklistGuard websites, applications, APIs, and services (collectively, the "Services") provided by BlacklistGuard ("BlacklistGuard," "we," "us," or "our"). By creating an account, or by accessing or using the Services, you agree to be bound by these Terms and by the documents they incorporate. If you are using the Services on behalf of an organization, you represent that you are authorized to bind that organization, and "you" refers to that organization.

2. Eligibility

You must be at least 18 years old and able to form a binding contract to use the Services. You agree to provide accurate, current, and complete registration information and to keep it up to date. You may not use the Services if you are barred from doing so under applicable sanctions or export-control laws.

3. Accounts and security

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Notify us promptly at legal@blacklistguard.com if you suspect unauthorized use. We are not liable for losses caused by unauthorized use of your account.

4. The Services

BlacklistGuard provides an email and messaging platform that may include email campaigns, autoresponders, transactional sending over SMTP and API, mailing lists and subscriber management, sending-domain authentication (SPF, DKIM, DMARC), deliverability and reputation monitoring, email validation, blacklist monitoring, and SMS. We may add, change, or discontinue features from time to time. We will use reasonable efforts to keep the Services available but do not guarantee uninterrupted access.

5. Fees, billing, and refunds

• Plans and trials. Paid plans include a monthly allowance of messages and are billed monthly or annually. Where a free trial is offered, it converts to a paid plan unless you cancel before it ends.
• Usage and overage. Usage beyond your plan's included allowance (for example, additional emails, validations, or blacklist checks) is billed at the applicable overage rates, either against your prepaid balance or your payment method on file.
• Prepaid balance. You may add funds ("balance") to your account to cover usage. Unused prepaid balance is refundable on request, less any amounts already consumed or owed.
• Payment. Payments are processed by our third-party payment processors. You authorize us and them to charge your selected payment method for amounts due.
• Taxes. Fees are exclusive of taxes; you are responsible for any applicable taxes other than taxes on our income.
• Cancellation. You may cancel a subscription at any time; cancellation takes effect at the end of the current billing period, and you retain access until then.
• Chargebacks. Initiating a chargeback or payment dispute without first contacting us may result in suspension or termination of your account.

6. Acceptable use

Your use of the Services must comply with our Acceptable Use Policy, which is incorporated into these Terms and includes our anti-spam and permitted-use requirements. Violations may result in immediate suspension or termination, given the reputational harm that abuse causes to a sending platform and its other users.

7. Compliance with laws

You are responsible for using the Services in compliance with all applicable laws and regulations, including anti-spam laws (such as the U.S. CAN-SPAM Act and Canada's CASL), telemarketing and SMS rules, data-protection and privacy laws, and sanctions and export-control laws. You represent that you have obtained all consents and permissions required to send messages to your recipients.

8. Your content and data

As between you and us, you retain all rights to the content you submit and to your lists, subscriber, and recipient data ("Customer Data"). You grant us a worldwide, non-exclusive license to host, process, transmit, and display Customer Data solely as needed to provide the Services and as permitted by these Terms and our Data Processing Addendum. You represent that you have the rights and permissions necessary to provide Customer Data to us. We may access or scan content to operate, secure, and support the Services and to detect and prevent abuse.

9. Intellectual property

The Services, including all software, content, and trademarks, are owned by BlacklistGuard and protected by intellectual-property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Services in accordance with these Terms. Any feedback you provide may be used by us without restriction or obligation to you.

10. Third-party services

The Services may interoperate with third-party products or integrations. We are not responsible for third-party services, and your use of them is governed by their own terms.

11. Disclaimer of warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not warrant that the Services will be uninterrupted or error-free. In particular, because email and message delivery depends on third parties and receiving systems, we do not guarantee deliverability, inbox placement, or that messages will not be filtered, blocked, or delayed.

12. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BLACKLISTGUARD WILL NOT BE LIABLE FOR ANY 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 SERVICES WILL NOT EXCEED THE AMOUNTS YOU PAID US FOR THE SERVICES IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

13. Indemnification

You will defend, indemnify, and hold harmless BlacklistGuard from and against any claims, damages, and expenses (including reasonable legal fees) arising out of your content, your lists and recipients, your use of the Services, or your violation of these Terms or applicable law — including spam complaints and claims relating to messages you send.

14. Suspension and termination

We may suspend or terminate your access to the Services, in whole or in part, if you violate these Terms or the Acceptable Use Policy, if required by law, or to protect the Services, other users, or recipients. You may terminate by closing your account. Upon termination, your right to use the Services ceases, and we will delete Customer Data in accordance with the retention schedule in our Privacy Policy and Data Processing Addendum (generally within 90 days), except where we are required to retain it.

15. Governing law and disputes

These Terms are governed by the laws of the United States and, to the extent applicable, the laws of the state in which BlacklistGuard is established, without regard to conflict-of-laws principles. You agree that disputes arising out of or relating to these Terms or the Services will be resolved in courts of competent jurisdiction, and you submit to their jurisdiction.

16. General terms

• Changes. We may update these Terms; we will revise the "Last updated" date and, for material changes, provide additional notice. Continued use after changes take effect constitutes acceptance.
• Assignment. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.
• Severability. If any provision is unenforceable, the remaining provisions remain in effect.
• Entire agreement. These Terms and the documents they incorporate are the entire agreement between you and us regarding the Services.
• Force majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control.
• No waiver. Our failure to enforce a provision is not a waiver of it.

17. Contact us

Questions about these Terms? Contact us at legal@blacklistguard.com or via blacklistguard.com/contact.