Terms of Service

Welcome to Nexmail! These Terms of Service ("Terms") govern your access to and use of the Nexmail platform and services (collectively, the "Services") provided by Nexmail, Inc. ("Nexmail," "we," "us," or "our"). By accessing or using our Services, you agree to be bound by these Terms.

PLEASE READ THESE TERMS CAREFULLY. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE OUR SERVICES.

1. Acceptance of Terms

By creating an account, accessing, or using the Services, you represent that: - You are at least 18 years old and have the legal capacity to enter into these Terms - If you are using the Services on behalf of a business or organization, you have the authority to bind that entity to these Terms - You will comply with all applicable laws and regulations in your use of the Services

2. Description of Services

Nexmail is an AI-powered email marketing platform designed for eCommerce brands and marketing agencies. Our Services include: - AI-generated email copy and design creation - Campaign calendar building and management - Integration with third-party platforms (e.g., Klaviyo, Shopify) - Performance tracking and analytics - AI-powered campaign optimization

We may modify, update, or discontinue any aspect of the Services at any time, with or without notice.

3. Account Registration and Security

3.1 Account Creation: To use our Services, you must create an account by providing accurate, complete, and current information.

3.2 Account Security: You are responsible for maintaining the confidentiality of your account credentials, all activities that occur under your account, and notifying us immediately of any unauthorized use.

3.3 Account Termination: We reserve the right to suspend or terminate your account at any time for any reason, including violation of these Terms, fraudulent activity, or non-payment.

4. Free Trials and Subscriptions

4.1 Free Trial: We may offer free trials from time to time. At the end of the trial period, you must subscribe to a paid plan to continue using the Services.

4.2 Subscription Plans: Our subscription plans are billed monthly and include usage-based tiers. Current pricing includes $150/month for 10 emails and $300/month for 20 emails. Pricing is subject to change.

4.3 Billing and Payment: By subscribing, you authorize us to charge your designated payment method on a recurring monthly basis. All fees are non-refundable except as expressly stated in these Terms.

4.4 Subscription Term and Renewal: Subscriptions are billed on a monthly basis with a minimum one-month commitment. Your subscription will automatically renew each month unless you cancel.

5. Cancellation and Refunds

5.1 Cancellation Policy: You may cancel your subscription at any time through your account settings. Cancellations are effective at the end of your current billing period. No refunds will be provided for partial months or unused portions, except for technical incompatibility issues.

5.2 Account Data After Cancellation: After cancellation, your account data will remain accessible in a read-only state. You may export approved email designs and campaign data.

6. Usage Restrictions and Acceptable Use

6.1 Usage Limits: Your use of the Services is subject to the usage limits specified in your subscription plan.

6.2 Prohibited Uses: You agree not to use the Services to create spam, generate illegal content, violate intellectual property rights, attempt unauthorized access, reverse engineer the Services, resell without permission, or violate any applicable laws.

6.3 Compliance with Email Marketing Laws: You are solely responsible for ensuring compliance with CAN-SPAM, GDPR, CASL, and other applicable regulations.

7. Intellectual Property Rights

7.1 Nexmail's Intellectual Property: The Services are owned by Nexmail or our licensors and are protected by intellectual property laws.

7.2 User Content and AI-Generated Content: You retain ownership of all content you create using our Services. You grant Nexmail a worldwide, non-exclusive, royalty-free license to use your content solely to provide and improve the Services.

7.3 Feedback: If you provide feedback, you grant us an unrestricted right to use and incorporate such feedback.

8. AI-Generated Content and Disclaimers

8.1 AI Content Review Requirement: All AI-generated content must be reviewed and approved by you before use or distribution. AI-generated content may contain errors or inaccuracies.

8.2 Email Deliverability: We are not responsible for email deliverability rates, spam filtering, or inbox placement.

9. Third-Party Integrations

Our Services integrate with third-party platforms such as Klaviyo and Shopify. We are not responsible for the availability, functionality, or performance of third-party platforms.

10. Beta Features and Experimental Services

Beta features are provided "as-is" and may contain bugs, errors, or incomplete functionality. They may be modified, discontinued, or removed at any time without notice.

11. Warranties and Disclaimers

We do not guarantee any specific results or performance metrics from using our Services. THE SERVICES ARE PROVIDED "AS-IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEXMAIL SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. IN NO EVENT SHALL NEXMAIL'S TOTAL LIABILITY EXCEED THE AMOUNTS PAID BY YOU IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.

13. Indemnification

You agree to indemnify, defend, and hold harmless Nexmail from any claims arising from your use of the Services, violation of these Terms, or violation of any applicable laws.

14. Dispute Resolution and Governing Law

14.1 Governing Law: These Terms shall be governed by the laws of the State of California.

14.2 Arbitration Agreement: Disputes shall be resolved through binding arbitration administered by the American Arbitration Association (AAA).

14.3 Class Action Waiver: Each party may bring claims only in an individual capacity.

15. Data Export and Portability

You may request to export your email designs, campaign performance data, and account information through your account settings or by contacting our support team.

16. Modifications to Terms

We reserve the right to modify these Terms at any time. If you continue to use the Services after changes take effect, you agree to the revised Terms.

17. General Provisions

These Terms constitute the entire agreement between you and Nexmail. If any provision is found invalid, the remaining provisions remain in effect. Our failure to enforce any provision does not constitute a waiver.

18. Contact Information

If you have any questions about these Terms, please contact us at:

Nexmail, Inc. Email: support@nexmail.com Legal: legal@nexmail.com