Terms of Service

These Terms of Service ("Terms") govern your access to and use of the NeverSpam website at neverspam.com, the application at app.neverspam.com, and any related services (collectively, the "Service"), operated by NeverSpam, Inc. ("NeverSpam," "we," "us," or "our"). By creating an account, clicking "I agree," or otherwise accessing or using the Service, you ("Customer," "you," or "your") agree to be bound by these Terms.

1. Agreement

These Terms, together with our Privacy Policy and any order form or pricing page you accept, form a binding agreement between you and NeverSpam. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have authority to bind that entity, in which case "you" refers to that entity. If you do not agree to these Terms, you must not access or use the Service.

We may update these Terms from time to time as described in Section 11. Your continued use of the Service after the effective date of an update constitutes acceptance of the updated Terms.

2. Account & Eligibility

To use the Service, you must (a) be at least 18 years old, (b) have the legal capacity to enter into a binding contract, and (c) not be barred from receiving the Service under the laws of the United States or any other applicable jurisdiction. You agree to provide accurate, current, and complete information during registration and to keep that information up to date.

You are responsible for safeguarding your credentials and for all activity that occurs under your account. You must notify us promptly atsupport@neverspam.com of any unauthorized access. NeverSpam is not liable for losses caused by unauthorized use of your account that results from your failure to secure your credentials.

3. Acceptable Use

The Service is provided to help you warm sending accounts so that your legitimate, permission-based email reaches the inbox. You agree not to use the Service to:

• send unsolicited bulk email ("spam"), or to support, facilitate, or augment any spam operation;
• send content that is illegal, fraudulent, deceptive, defamatory, harassing, hateful, or that infringes intellectual property or privacy rights;
• distribute malware, phishing payloads, or links to malicious resources;
• impersonate any person or entity, or misrepresent your affiliation;
• circumvent, disable, or interfere with security or rate-limiting features of the Service;
• resell, sublicense, or otherwise expose the Service to third parties without our prior written consent;
• reverse engineer or scrape the Service, except to the extent permitted by applicable law;
• upload content you do not have the right to upload, including credentials for accounts you are not authorized to operate.

We may, in our sole discretion, suspend or terminate access for any actual or suspected violation of this Section 3. We are also required to cooperate with valid legal process and may disclose account information when required to do so by law.

4. Subscriptions & Payment

The Service is offered on a subscription basis at the plans and prices listed at neverspam.com/pricing (currently: Starter $49/month, Pro $149/month, Agency $499/month). Plan features and usage limits are described on the pricing page and may be updated from time to time on prospective basis.

Free trial. New paid plans include a seven (7) day free trial. A valid payment method is required to start the trial. If you do not cancel before the trial ends, your subscription will begin and your payment method will be charged for the first billing period.

Auto-renewal. Subscriptions automatically renew on a monthly basis at the then-current plan price until cancelled. You authorize NeverSpam (via our payment processor, Stripe) to charge your designated payment method on the renewal date.

Cancellation. You may cancel at any time from the Stripe customer portal accessible inside the Service. Cancellation takes effect at the end of the then-current billing period; you retain access until then and are not charged again unless you re-subscribe.

Taxes. Stated prices exclude taxes. You are responsible for any sales, use, VAT, GST, or similar taxes assessed in connection with your subscription, except taxes on our net income.

Failed payments. If a charge fails, we may pause warmup sends on your account and notify you via in-app banner and email. If payment is not resolved within fourteen (14) days, we may suspend or terminate the account.

5. Refunds

All fees are non-refundable, except where refund is required by applicable law. We do not issue prorated refunds for partial billing periods or for unused portions of a subscription. The seven-day free trial exists precisely so you can evaluate the Service before paying. If you believe a charge was made in error, contact support@neverspam.com within thirty (30) days and we will review in good faith.

6. Termination

You may terminate your account at any time by cancelling your subscription and, if desired, requesting deletion of your account data in accordance with our Privacy Policy. We may suspend or terminate your access to the Service, with or without notice, if (a) you breach these Terms, including the acceptable-use provisions in Section 3, (b) we are required to do so by law, (c) continued provision of the Service to you creates risk for us or other customers, or (d) we discontinue the Service. Upon termination, your right to access the Service ceases immediately. Provisions that by their nature should survive termination — including ownership, disclaimers, limitations of liability, and governing law — will survive.

7. Disclaimers

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. NeverSpam does not warrant any specific inbox-placement rate, deliverability outcome, sender reputation, or business result. Email deliverability depends on countless factors outside our control, including mailbox-provider policies, recipient behavior, your content, your sending domain configuration, and the legal status of your sending practice.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL NEVERSPAM OR ITS OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, REVENUE, GOODWILL, OR DATA, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICE, EVEN IF NEVERSPAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL NEVERSPAM'S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY OR (B) ONE HUNDRED U.S. DOLLARS ($100).

Some jurisdictions do not allow the exclusion or limitation of certain damages. In those jurisdictions, our liability is limited to the greatest extent permitted by law.

9. Indemnification

You agree to defend, indemnify, and hold harmless NeverSpam and its officers, employees, and agents from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to (a) your use of the Service, (b) your breach of these Terms, (c) your violation of any law or the rights of any third party, or (d) the content you transmit through the Service.

10. Governing Law & Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the State of Delaware, U.S.A., without regard to its conflict-of-laws principles. The state and federal courts located in Delaware will have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Service, and you consent to personal jurisdiction in those courts. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

11. Changes to These Terms

We may modify these Terms from time to time. If we make a material change, we will notify you by email or by posting a prominent notice in the Service before the change takes effect. The "Last updated" date at the top of this page reflects the most recent revision. Your continued use of the Service after the effective date constitutes acceptance of the revised Terms. If you do not agree, you must stop using the Service and may cancel your subscription as described in Section 4.

12. Miscellaneous

These Terms, together with the Privacy Policy and any order form, constitute the entire agreement between you and NeverSpam regarding the Service. If any provision is found unenforceable, the remaining provisions remain in full force. Our failure to enforce a provision is not a waiver. You may not assign or transfer these Terms without our prior written consent; we may assign these Terms freely. The headings in these Terms are for convenience only and do not affect interpretation.

13. Contact

Questions about these Terms? Email hello@neverspam.com. For support, email support@neverspam.com.