Terms of Use

1. Acceptance of These Terms

By accessing the website, creating an account, subscribing to the service, or using EmailWarmup, you agree to these Terms of Use to the extent legally applicable. If you do not agree to these Terms, you must not use the service.

2. Definitions

• "EmailWarmup": The EmailWarmup website, application, platform, and related services.
• "User": The individual or legal entity using EmailWarmup.
• "Account": The user account created to access the service.
• "Mailbox": An email account connected to EmailWarmup via IMAP/SMTP for supported functionality.
• "Subscription": A paid plan that grants access to specified EmailWarmup features for a defined billing period.

3. Eligibility and Authority

You must have the legal capacity to enter into a binding contract to use EmailWarmup. If you are using the service on behalf of a business or legal entity, you represent and warrant that you have the authority to bind that organization to these Terms.

4. Account Registration and Security

You are responsible for providing accurate account information and keeping your login credentials secure. You are responsible for all activity that occurs under your Account. You must notify EmailWarmup immediately of any suspected unauthorized access. Under no circumstances should you share passwords, authentication codes, or private keys through support channels.

5. Connected Mailboxes and Email Accounts

To utilize EmailWarmup's automated features, you must connect an email account via IMAP and SMTP. By providing these credentials, you authorize EmailWarmup to:

• Send automated warm-up emails on your behalf.
• Read message metadata and search your Inbox and Spam folders specifically for EmailWarmup tracking tags.
• Move identified warm-up emails from the Spam folder to the Inbox.
• Generate simulated replies to other participants in the warm-up network.
• Move warm-up emails into designated archive folders.

EmailWarmup does not access, read, or store the content of your personal or business emails. You must have the legal authority to connect the Mailbox and grant these permissions.

6. Acceptable Use

You agree not to use EmailWarmup for any unlawful, abusive, deceptive, or harmful purpose. Prohibited behaviors include, but are not limited to:

• Sending unsolicited spam, phishing emails, or distributing malware.
• Impersonation, fraud, or credential theft.
• Attempting to evade provider safeguards or bypass security measures.
• Violating the terms of service of third-party email providers (e.g., Google, Microsoft).
• Using the service to attack or disrupt any networks or systems.

You remain solely responsible for complying with all applicable email marketing, privacy, and anti-spam laws (such as CAN-SPAM, GDPR, etc.).

7. User Responsibilities

EmailWarmup provides tooling to assist with deliverability monitoring and warm-up automation. You remain solely responsible for your accounts, connected mailboxes, the actual messages you send to your contact lists, and compliance with applicable laws and third-party provider rules.

8. The EmailWarmup Service

EmailWarmup provides an email deliverability platform that includes features such as automated email warm-up, inbox placement monitoring, SPF/DKIM/DMARC checks, and deliverability analytics. Features and mailbox limits vary depending on your selected Subscription plan.

9. Email Deliverability Disclaimer

10. Third-Party Email Providers and Integrations

EmailWarmup interacts with third-party email providers such as Gmail, Google Workspace, Outlook, Microsoft 365, and standard IMAP/SMTP hosts. EmailWarmup does not control these providers. Third-party providers may change their APIs, impose their own sending restrictions, or experience outages that affect EmailWarmup's functionality. You are responsible for complying with your email provider's terms of service.

11. Subscriptions and Billing

Access to premium features requires a paid Subscription. Subscriptions are billed on a recurring basis (e.g., monthly or annually) via our payment provider, [PAYMENT PROVIDER, e.g. Stripe]. By subscribing, you authorize us to charge your selected payment method. Current plans, limits, and pricing are available on our Pricing page.

12. Free Trials

[INSERT VERIFIED TRIAL TERMS HERE. IF NO TRIAL EXISTS, REPLACE WITH: "EmailWarmup may occasionally offer trial periods at its discretion. Specific terms will be provided at the time of the offer."]

13. Payments, Refunds, and Credits

Charges are billed in advance of the applicable billing cycle. [INSERT REFUND POLICY, e.g., "All payments are non-refundable unless legally required."]. If a payment fails, your Account may be downgraded to a free tier or suspended until payment is resolved.

14. Cancellation and Account Deletion

You may cancel your Subscription at any time through your EmailWarmup dashboard. Cancellation will stop future renewals, but you will retain access to premium features until the end of your current billing cycle. Deleting your account will disconnect all Mailboxes and securely remove your data in accordance with our Privacy Policy.

15. Suspension and Termination

EmailWarmup reserves the right to suspend or terminate your access to the service at any time if we reasonably believe you have violated these Terms, engaged in illegal or abusive use, presented a security risk, failed to pay subscription fees, or misused third-party email provider services.

16. Intellectual Property

EmailWarmup owns all rights, title, and interest in the EmailWarmup software, website, branding, logos, and proprietary technology. You receive only a limited, non-exclusive, non-transferable license to use the service in accordance with these Terms.

17. User Content and Data

You retain ownership of the data and content you provide to EmailWarmup. You grant us a limited, purpose-based license to process and transmit this data strictly as necessary to operate the service and provide functionality, consistent with our Privacy Policy.

18. Service Availability and Changes

We continually improve EmailWarmup. We may update the service, change features, or modify integrations at any time. EmailWarmup does not guarantee uninterrupted service, and temporary downtime may occur due to maintenance or third-party dependency failures.

19. Warranties and Disclaimers

The service is provided on an "as is" and "as available" basis. To the maximum extent permitted by applicable law, EmailWarmup disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

20. Limitation of Liability

To the maximum extent permitted by applicable law, EmailWarmup shall not be liable for any indirect, incidental, consequential, or punitive damages, including loss of profits, loss of business, loss of data, or service interruptions. EmailWarmup's total aggregate liability arising out of or related to these Terms shall not exceed [LIABILITY CAP / CONTRACTUAL LIMIT, e.g., the total amount paid by you in the 12 months preceding the claim].

21. Indemnification

You agree to indemnify and hold EmailWarmup harmless from any claims, damages, liabilities, or expenses arising from your violation of these Terms, your misuse of the service, or your violation of applicable laws or third-party provider policies.

22. Governing Law

These Terms shall be governed by and construed in accordance with the laws of [GOVERNING LAW / JURISDICTION], without regard to its conflict of law principles.

23. Dispute Resolution

[INSERT DISPUTE RESOLUTION MECHANISM, e.g., Any disputes arising under these Terms shall be resolved exclusively in the competent courts located in [JURISDICTION].]

24. Changes to These Terms

We may update these Terms from time to time. The updated version will be indicated by an updated "Last updated" date. Your continued use of EmailWarmup after any changes constitutes your acceptance of the revised Terms.

25. Severability

If any provision of these Terms is held to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

26. Entire Agreement

These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and EmailWarmup regarding your use of the service.