Terms of Service

Welcome to eMailBase. When registering an account, activating a workspace or using any feature of the service, you agree to comply with the terms below along with the Privacy Policy, Anti-Spam Policy and Data Processing Agreement.

1. Acceptance of Terms

By registering for, accessing or using the eMailBase service, you acknowledge that you have read, understood and agree to be bound by these Terms of Service and all related policies. If you register on behalf of an organization, you represent that you have the authority to bind that organization. If you do not agree, please do not use the service.

2. BYO SaaS service model

eMailBase provides a SaaS (Software as a Service) platform for contact management, email campaign design, marketing automation, AI content support, customer data enrichment, and email delivery orchestration.

eMailBase operates under the BYO (Bring Your Own) model:

• Customers are solely responsible for connecting, configuring and paying for the email infrastructure provider (Amazon SES, SendGrid, Mailgun, SMTP, Gmail OAuth) that the customer integrates into the workspace.
• eMailBase provides orchestration software, not email delivery infrastructure. Email is sent from the server of the provider chosen by the customer.
• Sending reputation (IP, domain) belongs to the customer and the customer's provider account.

3. Accounts and Security

• You are responsible for providing accurate information when registering and promptly updating when there are changes.
• You must keep your login information, password and API keys secure. All activities that occur under your account are deemed to be performed by you.
• If you use the sub-users feature, you are responsible for managing permissions, monitoring activity and ensuring all members comply with these terms.
• Notify us immediately at hi@emailbase.net if you discover or suspect unauthorized access to your account.

4. Lawful Use

You commit to only use the service for legal purposes, in accordance with your business and to comply with all applicable regulations, including but not limited to:

• E-commerce and email advertising law (CAN-SPAM, GDPR, CASL, PDPA, Decree 13/2023/ND-CP);
• Personal data protection and privacy laws;
• Intellectual property and copyright law;
• Terms of service of the email delivery provider you connect to (Amazon SES, SendGrid, Mailgun, Google);
• eMailBase Anti-Spam and Fair Use Policy.

5. Acceptable Use Policy (AUP)

5.1. Permitted Use

Send marketing emails, newsletters, transactional emails and automated emails to recipients with a legal basis for consent; Use platform features as intended.

5.2. Prohibited Use

You cannot:

• Sending spam, unsolicited emails, or emails to unauthorized buying/renting/collecting lists;
• Use deceptive or misleading email subject lines, sender names, or delivery addresses;
• Distributing phishing content, malware, viruses or malicious code;
• Upload or distribute content that violates copyright, is illegal, harassing, incites violence, or discriminates;
• Intentionally sabotaging, probing security or overloading eMailBase or third party systems;
• Resell, lease or provide access to services to third parties without agreement (except in the case of legal use of the agency's private brand portal feature);
• Using the service to collect personal data illegally or violate privacy rights.

6. Fees and Payment

• Service packages (Starter, Pro, Growth, Business) are charged on a monthly or annual basis according to the price list published at the time of registration.
• Unless you cancel before your next billing date, your subscription will auto-renew according to the selected cycle.
• eMailBase service fees are separate from email delivery provider fees. Customers pay directly to the sending provider (SES, SendGrid, Mailgun).
• Fees paid are generally non-refundable, unless otherwise provided by applicable law or by separate agreement.
• eMailBase reserves the right to adjust price lists upon reasonable notice (at least 30 days) before the renewal period. If you do not agree, you have the right to cancel before the new price takes effect.

7. Intellectual Property

7.1. eMailBase Rights

The eMailBase platform, including its source code, interface design, algorithms, documentation, trademarks, logos and all related intellectual property are the property of eMailBase or our licensors. You may not copy, modify, decompile, distribute or create derivative works from any part of the platform.

7.2. Customer Rights

You retain full ownership of the content you create, the data you upload, and your Subscriber Data. You grant eMailBase a limited, non-exclusive license to process this content and data to provide the contractual services.

8. Availability & Maintenance

• eMailBase strives to maintain high system availability but does not commit to specific uptime rates unless there is a separate written SLA agreement.
• We may perform planned maintenance (at least 24 hours notice when possible) or emergency maintenance as needed to maintain security and stability.
• During maintenance, some features may be temporarily unavailable.

9. BYO and Third-Party Provider Responsibilities

Since eMailBase operates on a BYO model, it is important to clearly understand the division of responsibilities:

• eMailBase is not responsible for problems, interruptions, policy changes or limitations of third-party sending providers (Amazon SES, SendGrid, Mailgun, Google, SMTP).
• If a provider temporarily locks, limits or terminates your account, eMailBase has no ability to interfere with that provider's decision.
• You are responsible for complying with the terms of service, sending limits and acceptable use policies of each provider you connect with.
• eMailBase is not responsible for deterioration in primary mailbox deliverability due to customer content, lists, or DNS configuration.

10. Google OAuth Integration

When you connect your Google account (Gmail / Google Workspace) via OAuth 2.0 to send 1-on-1 email:

• eMailBase only requires the minimum necessary permissions (send email, read basic profile information).
• Data received from Google APIs is used and transferred in accordance with Google API Services User Data Policy, including Limited Use requirements.
• You can revoke access at any time via your eMailBase settings or at the Google app permissions page.
• See details at Section 8 — Privacy policy.

11. Limitation of Liability

• The Service is provided on an "as is" (as is) and "as available" basis (as available). eMailBase does not guarantee that the service will be uninterrupted, error-free or meet all of your specific requirements.
• To the extent permitted by law, eMailBase's total liability for any claim arising from or related to the service shall not exceed the total fees you have paid to eMailBase in the 12 months preceding the time the claim arose.
• eMailBase is not liable for indirect, incidental, special, punitive or consequential damages, including lost profits, lost data or business interruption.

12. Indemnification

You agree to indemnify, defend and hold eMailBase, its employees, partners and suppliers harmless from any claims, losses, expenses (including reasonable attorneys' fees) arising from:

• Your violation of the Terms of Service, Anti-Spam Policy or any related policy;
• Content, data or lists that you use on the platform;
• Your violation of the law or the rights of a third party;
• Your violation of the terms of the sending provider you are connected to.

13. Suspension and Termination

13.1. Suspension by eMailBase

We reserve the right to suspend or limit workspace access if:

• Detection of serious violations of the Terms of Service, Anti-Spam Policy or Acceptable Use Policy;
• There is a request from a competent authority;
• Account activity that threatens the security, integrity or availability of services;
• Overdue payment after a reasonable grace period.

13.2. Cancellation by the Customer

You can cancel your account at any time through the workspace admin page. After cancellation:

• You have a minimum of 30 days to export your data before it is deleted;
• The service package will not renew in the next cycle;
• Fees paid for the current cycle are generally non-refundable.

14. Applicable Law & Dispute Resolution

• These Terms of Service are governed by and construed in accordance with the laws of Vietnam, unless otherwise agreed in writing.
• Any dispute arising out of or related to these Terms will first be resolved by good faith negotiation between the parties within a period of 30 days.
• If negotiations are unsuccessful, the dispute will be resolved in a competent court or arbitrator under Vietnamese law.
• For customers in the European Union, nothing in these Terms limits your rights under the mandatory consumer protection laws applicable in your country of residence.

Contact

If you have questions about the Terms of Service, please contact: hi@emailbase.net.