Terms of Service

1. Acceptance of Terms

By creating an account or using the CarcMail platform ("Service"), you agree to be bound by these Terms of Service. If you do not agree, you may not use the Service.

These Terms apply to all users, including individuals and organisations using CarcMail on behalf of a company.

2. Eligibility

You must be at least 18 years of age to use CarcMail. By using the Service, you represent that you have the legal authority to enter into this agreement on behalf of yourself or your organisation.

3. Acceptable Use

You agree to use CarcMail only for lawful outbound email outreach. You must not use the Service to:

• Send spam, unsolicited bulk email, or messages that violate CAN-SPAM, GDPR, CASL, or other applicable email regulations.
• Send phishing, fraudulent, deceptive, or misleading communications.
• Harvest email addresses without the knowledge of recipients.
• Send content that is abusive, defamatory, or illegal.
• Impersonate another person, company, or domain you do not own.
• Circumvent sending limits, credit systems, or platform security controls.
• Use the platform to send emails on behalf of others without authorisation.

Violation of acceptable use policies may result in immediate account suspension without refund.

4. Your Content and Data

You retain ownership of all lead data, email content, and campaign materials you create in CarcMail. You are solely responsible for ensuring your lead lists and email content comply with applicable laws.

By using the Service, you grant CarcMail a limited licence to process your content and data solely to deliver the Service as described in our Privacy Policy.

5. Credits and Billing

Access to paid features requires an active subscription. Credits are consumed as you use the platform and reset at the start of each billing cycle. Unused credits do not carry over.

Subscription fees are billed in advance. Refunds are governed by our Refund Policy. Subscriptions are managed through Paddle, our billing provider.

6. Platform Availability

We aim to maintain high availability but do not guarantee uninterrupted access to the Service. We may perform scheduled maintenance with reasonable notice and take the platform offline for emergency fixes without prior notice.

We are not liable for losses arising from platform downtime, data loss caused by infrastructure failure, or third-party service disruptions (e.g., Gmail API outages, Supabase, Paddle).

7. AI-Generated Content

CarcMail uses AI to generate and rewrite email copy. You are responsible for reviewing all AI-generated content before it is sent. CarcMail does not guarantee the accuracy, legality, or effectiveness of AI-generated email drafts.

Do not rely solely on AI-generated content without review. You assume full responsibility for the email content sent from your account.

8. Deliverability Disclaimer

CarcMail provides tools to help reduce spam risk and improve campaign readiness. However, we do not guarantee inbox placement. Email deliverability depends on factors outside our control including recipient server policies, sender history, and domain reputation.

9. Account Suspension and Termination

We reserve the right to suspend or terminate accounts that violate these Terms, engage in abusive sending behaviour, generate abnormal bounce rates, or are flagged by our spam monitoring systems.

You may close your account at any time from your account settings. Upon closure, your data is retained for 30 days before permanent deletion.

10. Limitation of Liability

To the maximum extent permitted by law, CarcMail is not liable for indirect, incidental, special, consequential, or punitive damages arising from your use of the Service, including but not limited to lost revenue, lost data, or email campaign failures.

Our total liability to you for any claim arising from use of the Service is limited to the amount you paid us in the 3 months preceding the claim.

11. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes via email or in-app notice with at least 14 days' advance notice. Continued use of the Service after that date constitutes acceptance.

12. Governing Law

These Terms are governed by applicable law. Disputes will be resolved through good-faith negotiation. If unresolved, disputes may be submitted to binding arbitration before litigation is pursued.

13. Contact

Legal questions: contact.cyberarcmsp@gmail.com