Terms of service
Last updated:
These terms govern the use of the your-email.eu service — the console at app.your-email.eu, its API, the SMTP relay and the sending nodes — provided by [Legal entity name] (“we”, “the provider”) to the organisation named in the order form (“the customer”, “you”). By creating an organisation or accepting an invitation into one, you accept them on behalf of that organisation.
Access is by invitation only. The service is offered to businesses and other organisations, not to consumers.
Definitions
- Console: the web application and API through which the service is configured and used.
- Organisation: the tenant in the console that holds domains, senders, keys, nodes and messages; the unit these terms apply to.
- Member: a person invited into an organisation with a role.
- Own node: a sending node run by the customer on its own infrastructure, registered with a token from the console.
- Shared nodes: sending nodes we operate in the European Union for organisations set to shared mode.
- Order form: the document (or email exchange) at onboarding that records plan, fees, volume, term and any deviation from these terms.
- Message: an email accepted from the customer for delivery, through the API or the SMTP relay.
The service
We provide a console to validate domains, manage senders and aliases, set TLS policies, issue API keys and SMTP credentials, and trace messages, together with a REST API and an SMTP relay for submitting mail.
Mail leaves either through the customer's own nodes or through shared nodes, according to the mode set on the organisation. In shared mode the customer's own healthy nodes are tried first and shared nodes are the fallback. In self-hosted mode shared nodes are never used: if all of the customer's nodes are down, messages are retried and eventually fail.
We may change the service, including adding, changing or withdrawing features, provided the core function — accepting messages and delivering them from the chosen infrastructure — is preserved. Material reductions are announced at least 30 days ahead by email to organisation administrators.
Accounts and credentials
The customer designates at least one administrator, who manages members and roles. The customer is responsible for everything done in its organisation by its members and by anyone using its API keys, SMTP credentials or node tokens.
API keys, SMTP credentials and node tokens are displayed once, at creation, and we store only a hash. Keep them secret, store them in a secrets manager, and rotate or revoke them in the console as soon as you suspect exposure. Tell us without delay if you believe an account or credential has been compromised.
Acceptable use
The service is for transactional and operational email to recipients who expect it. The customer must not use it to:
- send unsolicited bulk email, or send to purchased, rented or scraped address lists;
- send from a domain it does not control, or misrepresent the origin of a message;
- send content that is unlawful, defamatory, fraudulent, or that contains malware or phishing;
- probe, overload or interfere with the service, other organisations' data, or the shared nodes;
- send mail in breach of the laws that apply to the customer or its recipients, including the GDPR and the ePrivacy rules on direct marketing.
On shared nodes the sending reputation is shared. We may throttle, pause or stop sending for an organisation whose traffic causes complaints, bounces or blocklisting that endanger the pool, and we will tell the administrators why and what would restore it.
Domains
A domain may send only after the console has verified the ownership TXT record and the DKIM key it gives you to publish. Domain names are unique across the platform: a domain already claimed by another organisation cannot be added until the first releases it. The customer warrants that it controls each domain it adds.
Own nodes
For an own node we provide the node software and its releases with published checksums, a registration token shown once at creation, and the configuration bundle the node fetches from the console. The customer provides and secures the host, its network and IP addresses, keeps the operating system and the node software up to date within the window it chooses, and is responsible for the reputation of its own IPs.
The node reports its status and ships delivery log lines to the console so that each message shows its delivery timeline. Message content submitted directly to an own node over SMTP is never sent to the console.
The node software is licensed to the customer for the term of the agreement, for use with the service only. It may not be resold, sublicensed or offered to third parties as a service.
Fees and payment
Fees, included volume and the billing period are set in the order form. Invoices are payable within 30 days of issue unless the order form says otherwise; amounts exclude VAT. If an invoice is overdue by more than 14 days after a reminder we may suspend sending until it is paid. Fee changes take effect at the next renewal and are announced at least 30 days before.
Availability and support
We operate the console and the shared nodes with the aim of continuous availability, but no service level is guaranteed unless the order form contains one. Planned maintenance is announced ahead of time where it affects sending. Support is by email during business days; the order form may set response times.
Customer data
The customer owns its messages, recipient data and configuration. We process them only to provide the service, as set out in the Data processing agreement, which is part of these terms. We do not read message content except where necessary to diagnose a delivery problem the customer has reported, or where the law requires it.
The customer is responsible for having a lawful basis to send each message and to give us the personal data it contains.
Confidentiality
Each party keeps the other's non-public information confidential, uses it only for the purposes of the agreement, and protects it with at least the care it applies to its own. The obligation survives the agreement for three years and does not cover information that is public, independently developed, or must be disclosed by law.
Intellectual property
The service, the console, the API, the node software and their documentation remain our property or that of our licensors. The customer receives a non-exclusive, non-transferable right to use them for the term of the agreement. Suggestions the customer makes may be used by us without obligation.
Warranties and liability
We warrant that the service will perform materially as described in the console's documentation. Beyond that it is provided as is: email delivery depends on receiving servers, DNS and networks outside our control, and we do not warrant that any message will be delivered or delivered on time.
Neither party is liable for indirect or consequential loss, lost profits or lost data, except in cases of wilful misconduct or gross negligence, death or personal injury, or where liability cannot be limited by law. Each party's total liability under the agreement in any 12-month period is limited to the fees paid by the customer in that period.
The customer indemnifies us against third-party claims arising from the content it sends or from its breach of the acceptable-use rules.
Term, suspension and termination
The agreement runs for the term in the order form and renews for the same period unless either party gives notice 30 days before the end. Either party may terminate for a material breach that is not cured within 30 days of written notice. We may suspend an organisation immediately where its use threatens the security or reputation of the service or other customers, giving notice as soon as we do.
On termination the customer's API keys and credentials stop working. The customer may export its configuration and Messages log for 30 days; after that the organisation's data is deleted as described in the Data processing agreement.
Changes to these terms
We may update these terms. Changes are published on this page and announced to organisation administrators by email at least 30 days before they take effect, unless the change is required by law or only benefits the customer. Continued use after that date is acceptance; a customer who does not accept may terminate at the effective date without penalty.
Governing law and disputes
The agreement is governed by the law of [Country of establishment], excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods. The courts of [City of the competent courts] have exclusive jurisdiction, after the parties have tried in good faith to resolve the dispute between themselves for 30 days.
Contact
[Legal entity name], [Registered address], [Trade register number], VAT [VAT number]. Email: hello@your-email.eu.