Terms of Service
testmail.app | Last updated: 18 April 2021 (see change log)
By accessing the website at testmail.app, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright, trademark, patent, and other intellectual property laws.
Services
Our “services” include email testing tools, email servers, information storage, all software, applications, data, text, images, and other content made available by or on behalf of us. Any modifications to the service are also subject to these terms. We reserve the right to modify or discontinue the service or any feature or functionality thereof at any time with 90 days notice. All rights, title, and interest in and to the service will remain with and belong exclusively to us (testmail.app).
Subscriptions
Some of our services are billed on a subscription basis where you are billed periodically, typically monthly or yearly (your "Billing Cycle"). Your subscription will automatically renew at the end of each Billing Cycle unless you, or us, cancels it. You can upgrade, downgrade, cancel, or modify your subscription through the online console or by contacting our support team.
We require valid billing information, typically a credit card, to process payments for your subscription. You commit to providing us, and our third-party payment processors, with accurate and complete billing information. By submitting billing information, you authorize us to automatically charge your payment method all subscription fees incurred through your account. You further agree to be responsible for any transaction fees and currency conversion costs added by your financial institution.
Refunds
All amounts paid are non-refundable. However, some refund requests may be considered by us on a case-by-case basis and granted at our sole discretion.
Free Trial
We may, at our sole discretion, offer free trial subscriptions for new customers. We reserve the right to, at any time and without notice, modify the terms and conditions of the free trial offer or cancel the free trial offer.
Price Changes
We reserve the right to modify subscription prices at any time with reasonable prior notice to give you an opportunity to terminate your subscription before the change becomes effective. Any fee changes will become effective at the end of the then-current billing cycle.
Service Level Agreement (SLA)
For customers on our enterprise plan, we will use commercially reasonable measures to ensure that our APIs and email servers are available with a quarterly uptime percentage of at least 99.99% and our front-end console is available with a quarterly uptime percentage of at least 99.9%.
Availability is calculated per calendar quarter as follows: ((total - nonexcluded - excluded) / (total - excluded) * 100) ≥ 99.99% where "total" means the total number of minutes in the calendar quarter, "nonexcluded" means downtime that is not "excluded", and "excluded" means any planned downtime where we give at least 24 hours of notice or any unavailability caused by circumstances beyond our reasonable control such as major internet outages, acts of God, or acts of government.
Should we fail to meet the service uptime commitment in any quarter, you will be eligible for a service credit or refund as follows: 10% credit if the uptime was less than 99.99% but equal or greater than 99%, 25% credit or refund if uptime was less than 99% but equal or greater than 95%, 100% credit or refund if uptime was less than 95%. For any partial calendar quarter during which you subscribe to our services, availability will be calculated based on the entire calendar quarter, not just the portion for which you were subscribed.
Fair Use
We monitor overall resource consumption over time. If your use case is unusually resource intensive, we will require that you upgrade to a custom enterprise plan. In such a case, we will provide reasonable notice and the opportunity to upgrade or reduce usage to stay compliant with the resource limits for your plan. Examples of unusually demanding use cases include (but are not limited to) sending a high volume of emails with very large attachments, consistently sending emails at a rate that exceeds a thousand per minute, or using our object storage to host emails or attachments for download on public websites.
If you suspect that your use case may consume excessive resources, please reach out to us - we will be happy to clarify or provide a custom quote.
Prohibited Use
Users are strictly prohibited from engaging in illegal or abusive activities using our services.
Examples of abusive activities include (but are not limited to) using testmail.app mailboxes to signup for multiple accounts on third-party* services like social networks in a manner that violates their Terms of Service, and using testmail.app to automate signups on third-party* services to create spam bots or overload their servers.
*Third-party services are services you are not employed by and do not own or control. For example: if you use testmail.app to load-test signups on an app or web service, you must have permission for this activity from the owner of that service.
Termination
You are entitled to stop using our services at any time for any reason without notice to us. However, you will continue to be charged until you cancel any subscriptions or contact us.
We reserve the right to terminate accounts that violate these Terms of Service or engage in activites that cause harm to other customers or us. Free or trial accounts may be suspended or terminated at any time without notice. Accounts with paid subscriptions will be provided reasonable notice unless you are in a material breach of these Terms in a way that causes immediate and serious danger to us or other users.
Intellectual Property
Our services and all its contents, including but not limited to text, graphics, technology, and code are our property and are protected by copyright, trademarks, patent, and other intellectual property rights. You may not use the contents of the services in whole or in part without explicit permission in writing from us.
User-Generated Content
You agree to grant us the license to store, retrieve, backup, and otherwise copy or process your data so that we may effectively provide the service.
Disclaimer
The services provided by us are provided on an 'as is' basis. We make no warranties, guarantees, or representations of any kind expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, we do not warrant or make any representations concerning the likely results, or reliability of the use of the services provided through this website or on any sites linked to this site.
Limitations
In no event shall we, our employees, suppliers, or partners be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the services on our website, even if we or our authorized representative has been notified orally or in writing of the possibility of such damage.
Links
We have not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by us of the site. Use of any such linked website is at the user's own risk.
Modifications
We may revise these terms of service for its website at any time. By using this website you are agreeing to be bound by the then current version of these terms of service.
Governing Law
These terms and conditions are governed by and construed in accordance with the laws of Ontario, Canada and you irrevocably submit to the exclusive jurisdiction of the courts in Ontario and Canada.
Dispute Resolution
All disputes and questions whatsoever which shall arise between us and you that may be related to this agreement, or the construction or application thereof or any provision contained in this agreement, or any services provided by us, shall be resolved by arbitration, and such arbitration shall be conducted by a single arbitrator. The arbitrator shall be appointed by agreement between concerned parties, or in absence of such agreement, the arbitrator shall be appointed by a Judge of the Superior Court of Justice sitting in Toronto. Unless otherwise agreed to by the concerning parties, the arbitration shall be held in the City of Toronto, Province of Ontario. The arbitration shall proceed in accordance with the provisions of the Arbitration Act 1991 (Ontario). The decision arrived at by the arbitrator shall be final and binding.
Contact Us
If you have any questions or concerns, please contact us through our support website or send an email to [email protected]
Change Log
We are fully transparent about any changes we make: they are detailed here. You can opt-in to be notified on future updates here.
18 April 2021
Added the Prohibited Use section and modified the Termination section to clarify prohibited use cases.
8 November 2020
Added the Fair Use section and Service Level Agreement (SLA) section for enterprise customers.
18 May 2020
Added clarifications on subscriptions and billing, added change log section, updated contact information, and added opt-in notifications for future privacy policy updates.