Terms & Conditions
Effective Date: 2025-10-17
Last Updated: 2025-10-17
1. Agreement to Terms
These Terms & Conditions ("Terms") constitute a legally binding agreement between you ("Customer," "you," or "your") and inbxd ("Company," "we," "our," or "us") regarding your use of our email deliverability services and website.
By accessing or using our services, you agree to be bound by these Terms. If you do not agree, do not use our services.
2. Description of Services
inbxd provides email deliverability optimization services ("Services") designed to improve inbox placement rates for ecommerce businesses, including:
Email warmup and reputation management
Deliverability monitoring and reporting
Technical configuration assistance
Integration with email service providers (ESPs)
Analytics and performance tracking
We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time with reasonable notice.
3. Account Registration and Eligibility
Eligibility
You must be at least 18 years old
You must have legal authority to enter into this agreement
You represent that all information provided is accurate and complete
Your use must comply with all applicable laws
Account Security
You are responsible for maintaining account confidentiality
You must notify us immediately of unauthorized access
You are liable for all activities under your account
We may suspend accounts for security reasons
4. Acceptable Use Policy
Permitted Uses
Improving deliverability for legitimate business emails
Marketing to subscribers who have opted in
Transactional and operational email communications
Prohibited Uses
You may not use our Services to:
Send spam, unsolicited, or illegal content
Violate CAN-SPAM, GDPR, or other applicable laws
Engage in fraudulent or deceptive practices
Harm our reputation or infrastructure
Interfere with other users' services
Send content that violates intellectual property rights
Distribute malware, viruses, or harmful code
Engage in harassment, threats, or illegal activities
Email Content Standards
All emails must comply with applicable anti-spam laws
Recipients must have explicitly opted in to receive communications
Emails must include working unsubscribe mechanisms
Content must not be misleading, fraudulent, or illegal
5. Payment Terms
Fees and Billing
Fees are specified in your service plan and billed in advance
All fees are non-refundable unless otherwise specified
Prices are subject to change with 30 days' notice
You authorize automatic billing to your payment method
Late Payment
Accounts become past due after 5 days
We may suspend services for non-payment
You remain liable for all fees during suspension
We may charge interest on overdue amounts
Taxes
Fees are exclusive of taxes
You are responsible for all applicable taxes
We may collect taxes as required by law
6. Service Level Agreement
Uptime Commitment
We target 99.9% service availability
Planned maintenance will be scheduled during off-peak hours
We provide 24-hour advance notice for planned maintenance
Performance Standards
Email processing typically completes within 24 hours
Support response times: 24 hours for standard, 4 hours for priority
We do not guarantee specific deliverability rates or inbox placement
Remedies for Service Failures
Service credits may be available for significant outages
Credits do not exceed monthly fees for affected services
Credits are your sole remedy for service failures
7. Data and Privacy
Your Data
You retain ownership of your email data and subscriber lists
You grant us limited rights to process data for service delivery
We implement security measures to protect your data
Data handling is governed by our Privacy Policy
Data Backup and Recovery
You are responsible for maintaining data backups
We may retain data for operational and legal purposes
Data recovery services may be available for additional fees
Confidentiality
We maintain confidentiality of your non-public information
We may use aggregated, anonymized data for service improvement
Confidentiality obligations survive termination
8. Intellectual Property
Our Rights
We retain all rights to our software, technology, and services
Our trademarks, logos, and branding remain our property
You may not reverse engineer or copy our technology
Your Rights
You retain ownership of your content and data
You grant us license to use your content for service delivery
You warrant that your content does not infringe third-party rights
Third-Party Software
Our services may include third-party software components
Third-party licenses may apply to certain features
We are not responsible for third-party software performance
9. Disclaimers and Limitations
Service Disclaimers
THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING:
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PURPOSE
WARRANTIES OF NON-INFRINGEMENT
WARRANTIES REGARDING AVAILABILITY, RELIABILITY, OR PERFORMANCE
No Guarantee of Results
We do not guarantee specific deliverability outcomes
Email placement depends on many factors beyond our control
Deliverability improvements may vary by ESP and recipient domain
We cannot guarantee increased revenue or conversion rates
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
OUR LIABILITY IS LIMITED TO FEES PAID IN THE 12 MONTHS PRECEDING THE CLAIM
WE ARE NOT LIABLE FOR INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES
WE ARE NOT LIABLE FOR LOST PROFITS, DATA, OR BUSINESS INTERRUPTION
LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY
10. Indemnification
You agree to indemnify and hold us harmless from claims arising from:
Your violation of these Terms or applicable laws
Your email content or sending practices
Infringement of third-party rights
Unauthorized use of our services
This obligation survives termination of your account.
11. Term and Termination
Term
These Terms remain in effect while you use our services
Service subscriptions renew automatically unless cancelled
You may cancel with required notice per your service plan
Termination for Cause
We may terminate your account immediately for:
Violation of these Terms or Acceptable Use Policy
Non-payment of fees
Fraudulent or illegal activity
Conduct that harms our business or reputation
Effect of Termination
Your access to services will cease immediately
You remain liable for fees incurred prior to termination
We may retain data as required by law or for legitimate business purposes
Survival provisions continue after termination
12. Dispute Resolution
Governing Law
These Terms are governed by the laws of Florida, without regard to conflict of law principles.
Dispute Resolution Process
Informal Resolution: Contact us first to resolve disputes informally
Mediation: If informal resolution fails, disputes will be resolved through binding mediation
Arbitration: Unresolved disputes will be settled through binding arbitration
Class Action Waiver: You waive rights to participate in class action lawsuits
Jurisdiction
Any legal proceedings must be brought in courts located in Florida.
13. General Provisions
Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between us.
Modification
We may update these Terms with reasonable notice
Continued use after changes constitutes acceptance
Material changes will be highlighted in notifications
Severability
If any provision is found unenforceable, the remainder of these Terms will remain in effect.
Assignment
You may not assign these Terms without our written consent
We may assign these Terms in connection with business transfers
Force Majeure
We are not liable for failures due to causes beyond our reasonable control, including natural disasters, government actions, or third-party service failures.
Notices
Notices will be sent to your registered email address
You may contact us at legal@inbxd.com for legal notices
Notice is effective when sent to the last known address
Waiver
Our failure to enforce any provision does not waive our right to enforce it later.
Relationship
These Terms do not create a partnership, joint venture, or agency relationship.
14. Contact Information
For questions about these Terms, contact us:
Email: legal@inbxd.com
For technical support: support@inbxd.com
For billing questions: billing@inbxd.com
These Terms & Conditions were last updated on 2025-10-17 and are effective as of 2025-10-17.