Terms of Service

Nexmail, Inc. — Effective Date: February 10, 2026 • Last Updated: February 10, 2026

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. We are not liable for any modification, suspension, or discontinuation of the Services.

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. You agree to update your information promptly if it changes.

3.2 Account Security

You are responsible for:

  • Maintaining the confidentiality of your account credentials
  • All activities that occur under your account
  • Notifying us immediately of any unauthorized use of your account or any security breach

We are not liable for any loss or damage arising from your failure to maintain account security.

3.3 Account Termination

We reserve the right to suspend or terminate your account at any time for any reason, including but not limited to violation of these Terms, fraudulent activity, or non-payment. You may terminate your account at any time through your account settings.

4. Free Trials and Subscriptions

4.1 Free Trial

We may offer free trials from time to time, typically lasting 14 or 30 days. Free trials allow you to use our Services before entering a paid subscription. At the end of the trial period, you must subscribe to a paid plan to continue using the Services. We reserve the right to modify or cancel free trial offers at any time.

4.2 Subscription Plans

Our subscription plans are billed monthly and include usage-based tiers. Current pricing includes:

  • $150/month for 10 emails
  • $300/month for 20 emails

Pricing is subject to change. We reserve the right to modify our pricing at any time. If we change pricing for your existing subscription, we will notify you at least 30 days before the change takes effect. Custom pricing arrangements may be negotiated directly with our sales team.

4.3 Billing and Payment

By subscribing to our Services, you authorize us to charge your designated payment method on a recurring monthly basis. Payment is due at the beginning of each billing cycle. If payment fails, we may suspend or terminate your access to the Services.

All fees are non-refundable except as expressly stated in these Terms or as required by law.

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 before the end of your current billing period.

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. You will retain access to the Services and your data until your current subscription period expires or your usage allowance is depleted.

No refunds will be provided for partial months or unused portions of your subscription, except in the following limited circumstances:

  • Technical incompatibility: If our Services do not work with your technology stack and integration cannot be achieved despite reasonable troubleshooting efforts
  • At our sole discretion on a case-by-case basis

5.2 Account Data After Cancellation

After you cancel your subscription, your account data will remain accessible in a read-only state. You may export approved email designs and campaign data that you created and paid for during your active subscription. We may delete your data in accordance with our data retention policies as outlined in our Privacy Policy.

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. These limits may include the number of emails generated per month, API rate limits, and other usage metrics. Exceeding your plan limits may result in additional charges or service interruption.

6.2 Prohibited Uses

You agree not to use the Services to:

  • Create, send, or facilitate spam, unsolicited emails, or communications that violate CAN-SPAM, GDPR, or other applicable laws
  • Generate or distribute illegal, harmful, threatening, abusive, harassing, defamatory, obscene, or otherwise objectionable content
  • Create inappropriate, offensive, or sexually explicit designs or content
  • Violate any intellectual property rights, including copyrights, trademarks, or trade secrets
  • Attempt to gain unauthorized access to our systems, networks, or user accounts
  • Reverse engineer, decompile, or disassemble any aspect of the Services
  • Resell, sublicense, or white-label the Services without our express written permission
  • Use the Services for competitive analysis or to build a competing product
  • Interfere with or disrupt the Services or servers or networks connected to the Services
  • Violate any applicable laws or regulations

Violation of these restrictions may result in immediate suspension or termination of your account without refund.

6.3 Compliance with Email Marketing Laws

You are solely responsible for ensuring that your email marketing campaigns comply with all applicable laws, including but not limited to CAN-SPAM (United States), GDPR (European Union), CASL (Canada), and other anti-spam and privacy regulations. This includes:

  • Obtaining proper consent from recipients before sending marketing emails
  • Providing clear and conspicuous unsubscribe mechanisms
  • Including accurate sender information and physical postal addresses
  • Honoring opt-out requests promptly

We reserve the right to suspend or terminate accounts that we believe are being used to send spam or violate email marketing laws.

7. Intellectual Property Rights

7.1 Nexmail's Intellectual Property

The Services, including all software, technology, designs, graphics, user interfaces, trademarks, logos, and other content (excluding User Content as defined below), are owned by Nexmail or our licensors and are protected by copyright, trademark, patent, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of our Services without our express written permission.

7.2 User Content and AI-Generated Content

You retain ownership of all content you create, upload, or generate using our Services ("User Content"), including email copy, designs, images, and other materials. This includes AI-generated content created through the Services.

By using the Services, you grant Nexmail a worldwide, non-exclusive, royalty-free license to:

  • Use, reproduce, and display your User Content solely to provide and improve the Services
  • Use aggregated and anonymized data derived from your User Content to train and improve our AI models and Services
  • Create benchmarking data and industry insights using aggregated, anonymized information

You represent and warrant that you have all necessary rights to your User Content and that your User Content does not violate any third-party rights or applicable laws.

7.3 Feedback

If you provide us with any feedback, suggestions, or ideas about the Services, you grant us an unrestricted, perpetual, irrevocable, worldwide, royalty-free right to use, modify, and incorporate such feedback into our Services without any obligation to you.

8. AI-Generated Content and Disclaimers

8.1 AI Content Review Requirement

IMPORTANT: All AI-generated content, including email copy, designs, and recommendations, must be reviewed and approved by you before use or distribution. AI-generated content may contain errors, inaccuracies, or hallucinations. You are solely responsible for:

  • Reviewing all AI-generated content for accuracy, appropriateness, and compliance with applicable laws
  • Verifying that AI-generated content aligns with your brand voice, values, and messaging
  • Ensuring AI-generated content does not infringe on third-party intellectual property rights
  • Making any necessary edits or corrections before sending emails to your audience

We are not responsible for any errors, omissions, or consequences resulting from AI-generated content.

8.2 Email Deliverability

We are not responsible for email deliverability rates, spam filtering, or inbox placement. Email deliverability depends on many factors outside our control, including your sender reputation, email content, recipient email providers, and compliance with email marketing best practices. You are responsible for:

  • Maintaining good sender reputation and email authentication (SPF, DKIM, DMARC)
  • Monitoring your deliverability metrics
  • Managing subscriber lists and engagement
  • Working with your email service provider (e.g., Klaviyo) to optimize deliverability

9. Third-Party Integrations

Our Services integrate with third-party platforms such as Klaviyo, Shopify, and others. These integrations are subject to the terms and conditions of those third-party providers. We are not responsible for:

  • The availability, functionality, or performance of third-party platforms
  • Changes to third-party APIs or services that may affect our integrations
  • Data loss or corruption resulting from third-party platform issues
  • Privacy practices or security of third-party platforms

You are responsible for complying with the terms of service of any third-party platforms you connect to Nexmail.

10. Beta Features and Experimental Services

From time to time, we may offer beta features, experimental services, or early access programs. These features are provided "as-is" and may contain bugs, errors, or incomplete functionality. Beta features:

  • Are offered without any warranties or guarantees
  • May be modified, discontinued, or removed at any time without notice
  • May not be supported by our customer service team
  • Are used at your own risk

You are responsible for determining whether beta feature outputs are acceptable for your business needs before relying on them.

11. Warranties and Disclaimers

11.1 No Performance Guarantees

We do not guarantee any specific results, performance metrics, ROI, or business outcomes from using our Services. Campaign performance depends on many factors outside our control, including your industry, audience, email content, timing, and marketing strategy.

11.2 "AS-IS" Disclaimer

THE SERVICES ARE PROVIDED "AS-IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

  • Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
  • Warranties that the Services will be uninterrupted, error-free, or secure
  • Warranties regarding the accuracy, reliability, or completeness of AI-generated content
  • Warranties regarding the results you may achieve using the Services

We do not warrant that the Services will meet your specific requirements or that any defects will be corrected.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEXMAIL AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR:

  • Any indirect, incidental, special, consequential, or punitive damages
  • Loss of profits, revenue, data, or business opportunities
  • Damage to reputation or brand
  • Costs of substitute services
  • Damages arising from errors, omissions, or inaccuracies in AI-generated content
  • Damages arising from poor email deliverability or campaign performance
  • Damages arising from third-party integrations or services

IN NO EVENT SHALL NEXMAIL'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICES EXCEED THE AMOUNTS PAID BY YOU TO NEXMAIL IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liability. In such jurisdictions, our liability will be limited to the maximum extent permitted by law.

13. Indemnification

You agree to indemnify, defend, and hold harmless Nexmail and its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from or related to:

  • Your use or misuse of the Services
  • Your violation of these Terms
  • Your violation of any applicable laws or regulations, including email marketing and privacy laws
  • Your User Content or email campaigns
  • Infringement of any third-party intellectual property rights
  • Claims by your customers, subscribers, or other third parties related to your use of the Services

14. Dispute Resolution and Governing Law

14.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.

14.2 Arbitration Agreement

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

Except for disputes that qualify for small claims court, any dispute, controversy, or claim arising out of or relating to these Terms or the Services shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. The arbitration shall take place in California, and the arbitrator's decision shall be final and binding.

14.3 Class Action Waiver

YOU AND NEXMAIL AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both parties agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

14.4 Exceptions to Arbitration

Either party may seek equitable relief in court to protect intellectual property rights or confidential information. Additionally, either party may bring a claim in small claims court if the claim qualifies.

15. Data Export and Portability

You may request to export the following data from your account:

  • Email designs and content that you created and approved during your active subscription
  • Campaign performance data and analytics
  • Account information and settings

Data export is available through your account settings or by contacting our support team. We will provide exported data in commonly used formats (e.g., JSON, CSV) within a reasonable timeframe.

16. Modifications to Terms

We reserve the right to modify these Terms at any time. When we make changes, we will update the "Last Updated" date at the top of these Terms and notify you by email or through a prominent notice on our platform. If you continue to use the Services after the changes take effect, you agree to be bound by the revised Terms.

If you do not agree to the modified Terms, you must stop using the Services and cancel your account.

17. General Provisions

17.1 Entire Agreement

These Terms, together with our Privacy Policy and any other agreements referenced herein, constitute the entire agreement between you and Nexmail regarding the Services and supersede all prior agreements and understandings.

17.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

17.3 Waiver

Our failure to enforce any right or provision of these Terms will not constitute a waiver of that right or provision.

17.4 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms to any affiliate or in connection with a merger, acquisition, or sale of assets.

17.5 Force Majeure

We will not be liable for any delay or failure to perform our obligations under these Terms due to circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, or internet service provider failures.

17.6 Survival

Provisions that by their nature should survive termination of these Terms will survive, including but not limited to intellectual property rights, disclaimers, limitations of liability, indemnification, and dispute resolution.

17.7 Accessibility

We strive to make our Services accessible to all users. If you have difficulty accessing any part of our Services due to a disability, please contact us and we will work with you to provide the information or services you need through alternative means.

18. Contact Information

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

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

By using Nexmail, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.