Terms and Conditions

Last updated: May 30, 2026

These Terms and Conditions (“Terms”) govern access to and use of EmailSquid websites, applications, APIs, hosted email marketing tools, managed campaign services, early access programs, consulting services, support, documentation, and related offerings (collectively, the “Services”). By accessing the Services, creating an account, joining an early access list, submitting an order, using an API key, sending or preparing email through EmailSquid, or authorizing another person to do so, you agree to these Terms.

If you use the Services for an organization, client, employer, school, nonprofit, agency, or other entity, you represent that you have authority to bind that entity. In that case, “Customer,” “you,” and “your” refer to that entity and to each person who accesses the Services on its behalf. If you do not agree to these Terms, do not use the Services.

1. Contracting Scope

EmailSquid is a business service for permission-based email operations. The Services may include a hosted email marketing product, Amazon SES-backed sending workflows, sender setup guidance, audience import support, campaign preflight checks, suppression handling, delivery event reporting, public APIs, and managed campaign safety support for teams moving bulk sends out of systems such as Moodle or other learning management systems.

Additional terms may apply through an order form, statement of work, data processing agreement, acceptable use policy, service description, support plan, or written addendum signed or accepted by EmailSquid (each an “Order”). If an Order conflicts with these Terms, the Order controls for that Order only. Any customer purchase order terms, vendor portal terms, procurement terms, or similar boilerplate are rejected unless EmailSquid expressly signs them.

2. Eligibility And Accounts

The Services are intended for business and professional use only. You may not use the Services if you are under the age of legal majority where you live, if you are barred from using the Services under applicable law, or if you are located in or ordinarily resident in a country or territory subject to trade sanctions that prohibit the Services.

You must provide accurate account, billing, sender, contact, and security information, keep it current, and protect all passwords, API keys, authentication tokens, and administrative access. You are responsible for all activity under your account, including activity by employees, contractors, agencies, clients, and other users you invite or permit. You must promptly notify EmailSquid if you believe account credentials, API keys, sender identities, lists, or customer data have been compromised.

EmailSquid may require account approval before allowing sending access. EmailSquid may approve, reject, limit, suspend, throttle, or revoke access based on sender quality, list source, complaint risk, bounce risk, abuse indicators, payment status, legal risk, infrastructure risk, or any other reasonable operational concern.

3. Email Compliance Responsibilities

You are responsible for the legality of your audiences, imports, sender identities, email content, campaign strategy, suppression lists, consent records, and use of the Services. EmailSquid provides tools and operational controls, but EmailSquid does not certify that your campaign, list, consent model, privacy notice, sender address, or message content complies with law.

You must comply with all laws and rules that apply to your email activity, including where applicable the CAN-SPAM Act, CASL, GDPR, UK GDPR, ePrivacy rules, PECR, CCPA/CPRA, state privacy and consumer protection laws, education privacy laws such as FERPA, telecommunications rules, advertising rules, sanctions rules, and similar laws in every jurisdiction where you, your organization, your recipients, or your campaigns operate.

At a minimum, for each commercial or marketing email you send or cause to be sent through the Services, you must ensure that:

• you have a lawful basis, consent, permission, legitimate interest, customer relationship, or other legally sufficient right to contact each recipient;
• your headers, sender names, reply-to addresses, routing information, subjects, and preview text are accurate and not misleading;
• the message clearly identifies the sender and, where required, the commercial or advertising nature of the message;
• the message includes a valid physical mailing address and any other legally required sender information;
• the message includes a clear and functioning unsubscribe or opt-out mechanism when required;
• unsubscribe, suppression, bounce, complaint, and objection requests are honored promptly and within the time required by law;
• you do not sell, rent, transfer, reactivate, or reuse unsubscribed or suppressed addresses except as strictly necessary for compliance;
• you maintain records proving permission, list source, notice, consent, and suppression status; and
• your campaign content, claims, offers, testimonials, pricing, and calls to action are truthful, substantiated, and lawful.

If EmailSquid provides managed support for a campaign, you remain responsible for verifying the legal basis for the audience and message. EmailSquid may help review exports, batching, preflight checks, import workflows, suppression handling, and delivery results, but that support is operational and does not replace legal review.

4. Permission-Based Sending Only

EmailSquid is for permission-based sending. You may not use the Services to send, facilitate, or support unsolicited bulk email, spam, phishing, malware, credential harvesting, deceptive campaigns, harassment, unlawful political messaging, or any email that recipients would not reasonably expect to receive from you.

You may not upload or use lists that are purchased, rented, scraped, harvested, guessed, generated, taken from public websites without permission, obtained through dictionary attacks, obtained through third-party data brokers without a lawful and documented permission path, or collected through co-registration or affiliate methods that fail to clearly identify you as the sender. You may not use the Services to revive stale lists unless you can demonstrate that re-engagement is lawful, expected, and compliant with all suppression obligations.

EmailSquid may request proof of consent, list provenance, opt-in language, sign-up URLs, privacy notices, import history, suppression procedures, complaint handling, or sender authorization. Failure to provide satisfactory evidence may result in rejection, throttling, suspension, or termination.

5. Sender Identities And Authentication

You may send only from domains, addresses, brands, organizations, and identities that you own, control, or are authorized to use. You must not impersonate another person, organization, domain, platform, or brand. You are responsible for configuring and maintaining SPF, DKIM, DMARC, bounce handling, unsubscribe handling, DNS records, mailbox access, and other authentication or deliverability requirements that apply to your sender identity.

EmailSquid may require domain verification, identity checks, approval gates, test sends, complaint thresholds, sending-rate limits, dedicated sending pools, or other controls before or during use of the Services. EmailSquid may reject or pause messages that appear unauthenticated, suspicious, misleading, high risk, or likely to harm EmailSquid, its customers, recipients, third-party providers, or sender reputation.

6. Prohibited Content And Uses

You may not use the Services, or allow anyone else to use the Services, for any content, activity, or campaign that:

• is illegal, fraudulent, deceptive, harmful, abusive, invasive, defamatory, or violates the rights of others;
• promotes phishing, malware, credential collection, account takeover, fake login pages, technical support scams, investment scams, impersonation, or misleading payment requests;
• contains viruses, malicious code, tracking that violates law, hidden redirects, cloaking, deceptive links, or misleading sender information;
• violates intellectual property, publicity, privacy, consumer protection, anti-discrimination, education privacy, advertising, export, or sanctions laws;
• markets or facilitates unlawful goods or services, counterfeit goods, unlicensed regulated products, controlled substances, weapons, illegal gambling, human exploitation, or similar high-risk activity;
• contains adult, sexual, exploitative, hateful, violent, extremist, or abusive content in a way that creates legal, safety, or infrastructure risk;
• uses tracking, profiling, segmentation, personalization, or automated decisioning in a way that violates law or your privacy notices;
• attempts to avoid, bypass, disable, or mislead unsubscribe, suppression, rate-limit, review, billing, security, or abuse-control systems;
• interferes with the security, integrity, performance, availability, or reputation of the Services or any third-party network; or
• could cause EmailSquid or its providers to violate an acceptable use policy, service term, law, court order, regulator request, or network rule.

EmailSquid may investigate suspected violations, review campaign metadata or content where reasonably necessary, remove content, block imports, pause sends, suspend accounts, notify affected providers, preserve evidence, and cooperate with lawful requests from regulators, courts, law enforcement, or infrastructure providers.

7. Customer Data And Customer Content

“Customer Data” means data you submit to the Services, including account information, recipient lists, subscriber fields, consent records, suppression records, campaign metadata, sender identities, usage data, and delivery events. “Customer Content” means email templates, messages, subject lines, images, links, files, branding, and other materials you submit or generate through the Services.

You retain ownership of Customer Data and Customer Content. You grant EmailSquid a worldwide, non-exclusive, royalty-free license to host, copy, transmit, process, display, modify, format, scan, analyze, and otherwise use Customer Data and Customer Content as necessary to provide, secure, support, improve, monitor, and enforce the Services, comply with law, and prevent abuse.

You represent and warrant that you have all rights, consents, notices, permissions, and lawful bases required to submit Customer Data and Customer Content to EmailSquid and to permit EmailSquid and its subprocessors to process and transmit it. You are responsible for the accuracy, quality, legality, and provenance of Customer Data and Customer Content.

8. Personal Data, Privacy, And Sensitive Data

You must publish and honor privacy notices that accurately describe your collection, use, sharing, transfer, retention, and deletion of personal data, including any use of EmailSquid, Amazon SES, analytics, tracking pixels, link tracking, segmentation, suppression lists, and similar service providers. You must provide all notices and obtain all consents required before importing or processing personal data through the Services.

Where data protection laws apply, the parties will treat their roles according to the applicable facts and any signed data processing agreement. In many hosted email workflows, Customer is the controller or business for Customer Data, and EmailSquid acts as a processor or service provider when processing Customer Data on Customer’s instructions. EmailSquid may also process limited account, billing, security, diagnostic, abuse-prevention, and aggregated usage data as an independent controller where permitted by law.

You may not submit sensitive personal data, protected health information, payment card data, government identification numbers, passwords, financial account credentials, student education records, data about children, or similarly regulated data unless EmailSquid has expressly agreed in writing and any required data processing, security, regulatory, or institutional terms are in place. You are solely responsible for determining whether your LMS exports, education data, nonprofit records, customer lists, or audience attributes require special handling.

EmailSquid may use subprocessors and infrastructure providers to deliver the Services. Customer Data may be processed in countries other than the country where you or your recipients are located. You are responsible for ensuring that your use of the Services, including any international transfer, is lawful for your recipients and campaigns.

9. Security

EmailSquid will use reasonable administrative, technical, and organizational safeguards designed to protect the Services and Customer Data. No system is perfectly secure, and EmailSquid does not guarantee that unauthorized access, loss, interruption, or misuse will never occur.

You are responsible for your own account security, endpoint security, user permissions, API key handling, sender domain security, DNS access, mailbox access, export file handling, and internal controls. You must not share credentials or API keys except through secure administrative workflows. If you use agencies, contractors, or clients, you are responsible for limiting their access and removing access when no longer needed.

10. Third-Party Services And Infrastructure

The Services may interoperate with third-party services such as Amazon Web Services, Amazon SES, Amazon SNS, email inbox providers, DNS providers, payment processors, analytics providers, CRM systems, LMS platforms, SendGrid, Mailchimp, and other customer-selected tools. Third-party services are governed by their own terms and policies. EmailSquid is not responsible for third-party services, outages, policy changes, filtering decisions, pricing, data practices, suspensions, or delivery outcomes.

EmailSquid may be required to comply with third-party provider rules, including anti-spam and acceptable use rules. Third-party providers may scan, block, delay, reject, throttle, review, suspend, or terminate email activity because of spam signals, bounce rates, complaints, content, technical configuration, provider policy, or reasons outside EmailSquid’s control. Your payment obligations continue even if delivery is blocked, delayed, filtered, throttled, or prevented for reasons outside EmailSquid’s control or because of your violation of these Terms.

11. Deliverability And Service Results

Email delivery depends on many factors outside EmailSquid’s control, including recipient inbox providers, DNS, authentication, list quality, consent quality, content, links, sender history, complaint behavior, recipient engagement, spam filtering, provider rules, network reputation, and recipient settings. EmailSquid does not guarantee inbox placement, open rates, click rates, conversion rates, sender reputation improvement, deliverability, uninterrupted delivery, or that messages will not be delayed, throttled, blocked, bounced, filtered, or marked as spam.

Reports, metrics, preflight checks, recommendations, and deliverability guidance are provided for operational visibility. They may be incomplete, delayed, estimated, sampled, affected by privacy features, affected by bot activity, or dependent on third-party event data.

12. Fees, Billing, Taxes, And Payment

You must pay all fees stated in the applicable Order, pricing page, invoice, or accepted proposal. Fees may include subscription fees, usage fees, campaign fees, support fees, onboarding fees, overage fees, platform fees, pass-through costs, taxes, and out-of-scope hourly fees. Unless an Order says otherwise, fees are due in advance for subscriptions and upfront or according to milestones for managed services.

You authorize EmailSquid and its payment processors to charge your payment method for all amounts due. You must keep billing information current and promptly pay invoices. Amounts not paid when due may result in late fees, interest where lawful, collection costs, suspension, reduced limits, or termination. You are responsible for taxes, duties, levies, bank fees, chargeback fees, currency conversion fees, and similar charges, excluding taxes based on EmailSquid’s net income.

Unless an Order expressly says otherwise, fees are non-cancelable and non-refundable except where required by law. If you exceed quotas, limits, or included usage, EmailSquid may charge overages, require plan changes, pause sending, or reduce access. If Customer pays third-party platform costs directly, those costs are Customer’s separate responsibility.

13. Trials, Beta Features, And Early Access

Early access, beta, preview, pilot, free, discounted, or experimental Services may be changed, limited, suspended, or discontinued at any time. They may contain bugs, incomplete features, limited support, lower availability, data loss risk, changing workflows, or undocumented behavior. EmailSquid may use feedback and usage information from early access programs to improve the Services.

EmailSquid may reject or remove early access participants based on sender quality, campaign risk, abuse risk, fit, capacity, payment status, or operational priorities. No early access statement guarantees future availability, pricing, feature set, migration path, or commercial launch.

14. APIs, Integrations, And Automation

If EmailSquid provides APIs, webhooks, SDKs, import tools, automation, or integrations, you must use them according to documentation and reasonable rate limits. You may not overload, scrape, probe, reverse engineer, bypass authentication, evade quotas, create abusive automation, or use APIs in a way that harms the Services, recipients, providers, or other customers.

EmailSquid may change or deprecate APIs, endpoints, schemas, authentication methods, rate limits, and integration behavior. EmailSquid will use reasonable efforts to provide notice for material breaking changes where practical, but urgent security, abuse, provider, or legal issues may require immediate changes.

15. Support, Maintenance, And Changes

Support is provided according to the applicable Order or support plan. EmailSquid may modify, improve, suspend, discontinue, or replace parts of the Services at any time. EmailSquid may perform maintenance, emergency repairs, security work, migrations, provider changes, and infrastructure updates that affect availability or behavior.

EmailSquid may impose or change usage limits, sending limits, import limits, rate limits, storage limits, retention limits, attachment limits, contact limits, API limits, approval requirements, or review requirements to protect the Services, comply with law, manage costs, or reduce risk.

16. Intellectual Property

EmailSquid and its licensors retain all rights in the Services, software, workflows, user interfaces, documentation, designs, templates, know-how, processes, trademarks, logos, and other EmailSquid materials. Except for the limited right to use the Services under these Terms, no rights are transferred to you.

You may not copy, modify, distribute, sell, lease, sublicense, reverse engineer, decompile, benchmark publicly, or create derivative works from the Services except as permitted by law or written agreement. You may not remove proprietary notices or use EmailSquid marks without permission.

If you provide feedback, suggestions, ideas, bug reports, or recommendations, EmailSquid may use them without restriction or compensation.

17. Confidentiality

Each party may receive non-public information from the other that a reasonable person would understand to be confidential. The receiving party must use confidential information only to perform under these Terms, protect it with reasonable care, and disclose it only to personnel, contractors, advisors, providers, or representatives who need to know and are bound by appropriate confidentiality obligations.

Confidential information does not include information that is public without breach, already known without restriction, independently developed without use of confidential information, or lawfully received from a third party. A party may disclose confidential information when required by law, court order, regulator, or stock exchange rule, after giving notice where legally permitted.

18. Publicity

EmailSquid may identify Customer as a customer and use Customer’s name and logo in customer lists, proposals, and marketing materials unless Customer objects in writing. EmailSquid will stop new public use within a reasonable time after receiving an objection. More detailed case studies, testimonials, or press releases require Customer approval.

19. Suspension And Termination

You may stop using the Services at any time, but cancellation does not relieve you of fees already due or committed under an Order. Subscription cancellation takes effect at the end of the then-current billing period unless an Order says otherwise.

EmailSquid may suspend or terminate access immediately, with or without notice, if EmailSquid reasonably believes that you or your users have violated these Terms, created legal or security risk, generated excessive bounces or complaints, used a prohibited list, sent abusive or low-quality email, failed to pay amounts due, harmed sender reputation, violated provider terms, threatened the Services, or exposed EmailSquid, recipients, providers, or other customers to liability.

Upon termination, your right to use the Services ends. EmailSquid may delete, retain, export, or disable Customer Data according to the applicable Order, retention settings, legal obligations, backup cycles, and abuse-prevention needs. Suppression records may be retained as necessary to honor opt-outs, prevent abuse, and comply with law. Sections that by their nature should survive termination will survive, including payment obligations, confidentiality, intellectual property, disclaimers, limitations of liability, indemnities, dispute terms, and compliance obligations.

20. Disclaimers

To the maximum extent permitted by law, the Services are provided “as is” and “as available.” EmailSquid disclaims all warranties, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, availability, security, accuracy, deliverability, inbox placement, profitability, compliance outcome, and uninterrupted or error-free operation.

EmailSquid does not provide legal, tax, accounting, financial, or regulatory advice. Compliance features, checklists, consent fields, suppression tools, campaign reports, templates, and recommendations are operational tools only. You should obtain professional advice for your organization, industry, recipients, jurisdictions, and campaigns.

21. Limitation Of Liability

To the maximum extent permitted by law, EmailSquid will not be liable for indirect, incidental, special, consequential, exemplary, punitive, or enhanced damages, or for lost profits, lost revenue, lost goodwill, lost business opportunity, reputational harm, loss of data, cost of substitute services, business interruption, failed delivery, spam filtering, provider suspension, or recipient claims, even if EmailSquid has been advised of the possibility of such damages.

To the maximum extent permitted by law, EmailSquid’s total aggregate liability arising out of or related to the Services or these Terms will not exceed the greater of: (a) the amount Customer paid to EmailSquid for the specific Service giving rise to the claim during the three months before the event giving rise to liability; or (b) USD 100.

The limitations in this section apply to all theories of liability, including contract, tort, negligence, strict liability, warranty, statute, and otherwise. Nothing in these Terms limits liability that cannot be limited by law.

22. Indemnification

You will defend, indemnify, and hold harmless EmailSquid and its owners, affiliates, personnel, contractors, providers, and representatives from and against all claims, damages, losses, liabilities, penalties, fines, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to:

• Customer Data, Customer Content, campaigns, sender identities, lists, audience imports, suppression failures, or recipient communications;
• your breach of these Terms, an Order, provider rules, or applicable law;
• your violation of privacy, publicity, intellectual property, consumer protection, advertising, telecommunications, education privacy, or data protection rights;
• your use of purchased, scraped, rented, stale, unlawful, or non-permission-based lists;
• claims by your clients, recipients, subscribers, employees, students, members, customers, prospects, regulators, or third-party providers; and
• taxes, fees, chargebacks, or payment disputes arising from your use of the Services.

EmailSquid will promptly notify you of a claim for which it seeks indemnification, allow you to control the defense where reasonable, and cooperate at your expense. You may not settle a claim in a way that admits fault by EmailSquid, imposes obligations on EmailSquid, or affects EmailSquid’s rights without EmailSquid’s prior written consent.

23. Disputes, Governing Law, And Venue

The parties will first try in good faith to resolve disputes informally. Before filing a claim, the complaining party must send written notice describing the dispute and allow 30 days for the parties to attempt resolution, unless urgent injunctive relief, abuse, security, payment collection, or legal compliance requires faster action.

If an Order specifies governing law or venue, that law and venue control. Otherwise, these Terms are governed by the laws of the jurisdiction where EmailSquid’s principal business address is located, without regard to conflict-of-law rules. Unless an Order says otherwise, the parties consent to the exclusive jurisdiction and venue of the courts located in that jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Each party waives any right to participate in a class action, class arbitration, private attorney general action, or representative proceeding to the maximum extent permitted by law. Claims must be brought individually. Any claim must be filed within one year after it arose unless a longer period is required by law.

24. Notices

EmailSquid may provide notices by email, in-product message, dashboard notice, posting to the website, invoice note, or other reasonable method. You are responsible for keeping notice contacts current. Notices to EmailSquid should be sent to hello@emailsquid.com unless an Order identifies a different legal notice address.

25. Changes To These Terms

EmailSquid may update these Terms from time to time. The updated version will be posted with a new “Last updated” date. Changes apply prospectively unless required sooner for legal, security, abuse-prevention, provider, or operational reasons. If you continue using the Services after changes take effect, you accept the updated Terms. If you do not agree, you must stop using the Services and cancel any affected subscription according to the applicable Order.

26. General Terms

You may not assign these Terms or an Order without EmailSquid’s prior written consent, except to a successor in connection with a merger, acquisition, corporate reorganization, or sale of substantially all assets, provided the successor is not a competitor of EmailSquid and assumes all obligations. EmailSquid may assign these Terms in connection with a merger, acquisition, reorganization, financing, sale of assets, or transfer of the Services.

EmailSquid will not be liable for delay or failure caused by events beyond its reasonable control, including provider outages, internet failures, DNS failures, inbox-provider filtering, labor disputes, war, terrorism, civil unrest, natural disasters, epidemics, government action, sanctions, power failures, supply chain issues, or attacks on networks or systems.

If any provision is unenforceable, the remaining provisions remain in effect and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable. Failure to enforce a provision is not a waiver. Headings are for convenience only. These Terms, together with any applicable Order, are the entire agreement between the parties regarding the Services and supersede prior or contemporaneous understandings about the same subject.