Terms of Service

1. Acceptance of Terms

By creating an account, accessing, or using the Service in any way, you agree to be bound by these Terms and our Privacy Policy and Refund Policy. If you do not agree to these Terms, you must not create an account or use the Service.

2. Description of the Service & Instant Delivery

The Service is a cloud-based email marketing and outreach platform that provides users with email-sending infrastructure, recipient management, campaign tracking, and related features (the "Services").

The Service is delivered digitally and instantaneously. There is no physical shipment of any kind.

Upon successful payment, your account will be upgraded immediately, and access to the SaaS services will be granted instantly via the user dashboard.

Because the Service is consumed in real time, the extent to which you have used the Service may affect your eligibility for a refund, as described in our Refund Policy.

3. Accounts & Eligibility

• You must be at least 18 years old (or the age of legal majority in your jurisdiction, whichever is greater) to create an account or use the Service.
• You must provide accurate, current, and complete information when registering and keep your account credentials (including your password and any API keys) secure.
• You are responsible for all activity that occurs under your account. Notify us immediately of any unauthorized use.
• One person or legal entity may maintain one account unless otherwise agreed in writing.

4. Prohibited Conduct

You agree not to use the Service to:

• Engage in or facilitate any illegal activity, including money laundering, fraud, or any activity that violates applicable laws or regulations;
• Conduct or participate in network attacks, including hacking, denial-of-service (DDoS) attacks, phishing, malware distribution, or unauthorized access to any system or network;
• Engage in scraping or abusive automation against our Service or any third-party systems, or use the Service in a manner that degrades its availability or security;
• Send unsolicited bulk email (spam), purchase or use recipient lists without lawful consent, or otherwise violate applicable anti-spam laws such as CAN-SPAM or the GDPR;
• Infringe intellectual property rights, including sending content that violates the copyright, trademark, or other proprietary rights of any third party;
• Resell, sublicense, or redistribute the Service (or any part of it) without our prior written consent.

We reserve the right to suspend or terminate your account, without notice or refund, if we determine, in our reasonable discretion, that you have violated this Section 4 or any other provision of these Terms.

5. Acceptable Use of Email Services

You are solely responsible for the content of the emails you send and for ensuring that your use of the Service complies with all applicable laws, including email marketing and data protection regulations in every jurisdiction where your recipients are located.

• You must only send emails to recipients who have given you appropriate consent or with whom you have a lawful basis to communicate.
• You must honor unsubscribe and opt-out requests promptly.
• Selling, renting, or trading recipient lists is strictly prohibited.

6. Fees, Billing & Subscriptions

• Subscription fees are charged in advance through our payment processors (Stripe and/or Creem) using the payment method you provide.
• Subscriptions renew automatically at the end of each billing period until cancelled.
• You may cancel at any time through the customer portal on your dashboard Billing page or by contacting us. Cancellation takes effect at the end of the current paid billing period.
• You are responsible for any applicable taxes. Where required by law, we may add taxes to your invoices.

7. Intellectual Property

The Service, including its software, design, text, graphics, and all related intellectual property, is owned by GQ CRM | Marketing Mail or its licensors and is protected by applicable intellectual property laws. You retain all rights to the content and data you upload to the Service, and you grant us a limited license to process that content solely to provide the Service to you.

8. Data & Privacy

Your use of the Service is subject to our Privacy Policy, which describes how we collect, use, and protect your personal data, including your rights under the GDPR and CCPA.

9. Disclaimer of Warranties

The Service is provided on an "as is" and "as available" basis, without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or secure at all times.

10. Limitation of Liability

To the maximum extent permitted by applicable law, GQ CRM | Marketing Mail and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, lost data, business interruption, or loss of goodwill, arising out of or relating to your use of or inability to use the Service.

To the maximum extent permitted by applicable law, the total aggregate liability of GQ CRM | Marketing Mail for all claims arising out of or relating to the Service shall not exceed the total amounts paid by you to us in the 12 months immediately preceding the event giving rise to the claim.

11. Termination

You may stop using the Service and cancel your subscription at any time. We may suspend or terminate your access to the Service at our discretion if you breach these Terms. Upon termination, your right to use the Service ceases immediately, and we may delete your data in accordance with our Privacy Policy and applicable law.

12. Governing Law & Disputes

These Terms are governed by the laws of the Hong Kong Special Administrative Region, without regard to its conflict-of-law principles. Any dispute arising out of or relating to these Terms or the Service shall be resolved through good-faith negotiation, and if unresolved, shall be subject to the exclusive jurisdiction of the courts of the Hong Kong Special Administrative Region.

13. Changes to These Terms

We may revise these Terms from time to time. The most current version will always be posted on this page, and the effective date will be updated accordingly. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

14. Contact Us

If you have any questions about these Terms, please contact us at [email protected] or through our Contact page.