Terms and Conditions

1. Acceptance of Terms

1.1. Welcome to BossMailer! By accessing or using our website, mobile application, and related services (collectively, the "Services"), you ("User" or "you") agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, you are prohibited from using the Services.


2. Description of Services


2.1. BossMailer offers email deliverability enhancement services, which may include, but are not limited to: email warmup, blacklist monitoring, list cleaning, AI-powered send optimization, dedicated IP addresses, deliverability consulting, and related tools and technologies.
2.2. The specific features, functionality, and pricing of the Services are determined by the subscription plan selected by the User.
2.3. BossMailer reserves the right to modify, suspend, or discontinue the Services, or any part thereof, at any time, with or without notice.


3. Account Registration and Use


3.1. Eligibility: The Services are intended for individuals who are at least 18 years of age. If you are under 18, you must obtain verifiable parental consent to use the Services. BossMailer reserves the right to request proof of parental consent at any time.
3.2. Account Creation: To access certain features of the Services, you must create an account. You agree to provide accurate, current, and complete information during the registration process and to keep your account information updated.
3.3. Account Security: You are solely responsible for maintaining the confidentiality of your account credentials (username and password). You are responsible for all activities that occur under your account, whether or not authorized by you. Notify BossMailer immediately of any unauthorized access to your account.
3.4. Account Sharing: You agree not to share your account credentials with any third party. Any violation of this provision may result in immediate termination of your account.
3.5. Account Deletion: You have the right to delete your account at any time. Upon account deletion, your access to the Services will be terminated, and certain data may be retained as described in our Privacy Policy.


4. Subscription and Payment


4.1. Subscription Plans: BossMailer offers various subscription plans with different features, usage limits, and pricing structures. Details of current plans are available on our website.
4.2. Fees and Payment: You agree to pay all fees associated with your selected subscription plan in accordance with the payment terms presented to you at the time of purchase.
4.3. Payment Methods: Payments must be made through approved payment methods, as indicated on our website.
4.4. Automatic Renewal: Your subscription will automatically renew for the same subscription period unless you cancel your subscription before the renewal date. You authorize BossMailer to charge your payment method for the applicable renewal fees.
4.5. Cancellation: You can cancel your subscription at any time through your account settings or by contacting our support team. Cancellation will take effect at the end of your current billing cycle. No refunds will be issued for partial subscription periods.
4.6. Price Changes: BossMailer reserves the right to change its subscription fees at any time. We will provide you with reasonable notice of any price changes, typically via email or on our website. If you do not agree to the price change, you have the right to cancel your subscription before the new fees take effect.
4.7. Taxes: You are responsible for all applicable taxes, duties, and other governmental charges related to your use of the Services.
4.8. Chargebacks and Payment Disputes: You agree not to initiate chargebacks or payment disputes unless you have made a good-faith effort to resolve the issue directly with BossMailer. Any unauthorized chargebacks may result in suspension or termination of your account and legal action to recover associated costs.


5. Acceptable Use


5.1. Compliance with Laws: You agree to use the Services in compliance with all applicable laws, regulations, and industry best practices, including but not limited to anti-spam laws (e.g., CAN-SPAM Act, GDPR, CASL), data protection laws, and advertising regulations.
5.2. Prohibited Activities: You agree not to engage in any of the following prohibited activities:
* Sending unsolicited commercial email ("spam").
* Sending emails containing false or misleading information.
* Harvesting email addresses without consent.
* Using deceptive subject lines or sender addresses.
* Sending emails that violate any third-party rights (e.g., intellectual property, privacy).
* Transmitting viruses, malware, or other harmful code.
* Interfering with or disrupting the BossMailer service or other users' accounts.
* Engaging in any activity that could damage BossMailer's reputation or deliverability.
* Using the service for high-risk activities, such as sending emails promoting illegal products or services.
* Uploading, transmitting, or distributing any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.
* Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity.
* Attempting to circumvent any security measures implemented by BossMailer.
5.3. Email Content: You are solely responsible for the content of all emails you send through the Services. BossMailer reserves the right to review email content for compliance with these Terms and applicable laws.
5.4. Email List Management: You are responsible for maintaining the accuracy and legality of your email lists. You must obtain valid consent from all recipients before sending them emails. You must provide a clear and easy way for recipients to unsubscribe from your emails.
5.5. Monitoring: BossMailer reserves the right to monitor your use of the Services to ensure compliance with these Terms and applicable laws.


6. Intellectual Property


6.1. BossMailer Content: The Services and all content contained therein, including but not limited to text, graphics, logos, images, software, code, and design elements, are the property of BossMailer or its licensors and are protected by copyright, trademark, patent, and other intellectual property laws.
6.2. Restrictions: You may not copy, reproduce, distribute, modify, create derivative works of, publicly display, or commercially exploit any content from the BossMailer website or services without the express written permission of BossMailer. Any unauthorized use of our intellectual property may result in legal action.
6.3. User Content: You retain ownership of your User Content (e.g., email content, contact lists). However, by using the Services, you grant BossMailer a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display your User Content for the purpose of providing the Services and improving our products and services.
6.4. Feedback: If you provide BossMailer with any feedback, suggestions, or ideas regarding the Services, you agree that BossMailer may use such feedback for any purpose without any obligation to you.


7. Disclaimer of Warranties


7.1. THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
7.2. BossMailer DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED.
7.3. BossMailer MAKES NO GUARANTEES REGARDING EMAIL DELIVERABILITY OR OTHER OUTCOMES RESULTING FROM YOUR USE OF THE SERVICES.


8. Limitation of Liability


8.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BossMailer BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, OR DAMAGE TO REPUTATION, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF BossMailer HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8.2. BossMailer'S TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO BossMailer FOR THE SERVICES IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM.


9. Indemnification


9.1. You agree to indemnify, defend, and hold harmless BossMailer, its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or related to your use of the Services, your violation of these Terms, or your violation of any third-party rights.


10. Termination


10.1. BossMailer may terminate your access to the Services at any time, with or without cause, and with or without notice.
10.2. You may terminate your account as described in Section 3.
10.3. Upon termination, you must cease all use of the Services.
10.4. Sections 6, 7, 8, 9, and 11 shall survive any termination of these Terms.


11. Governing Law and Dispute Resolution


11.1. These Terms shall be governed by and construed in accordance with the laws of [Jurisdiction - Choose your primary jurisdiction].
11.2. Any dispute arising out of or relating to these Terms shall be resolved exclusively through [Preferred Dispute Resolution Method - e.g., binding arbitration] in [Location]. The language of the arbitration shall be [Language].


12. Changes to Terms


12.1. BossMailer reserves the right to modify these Terms at any time. We will provide notice of any material changes to these Terms by posting the updated Terms on our website and sending a notification to your email address associated with your account at least thirty (30) days prior to the effective date of the changes.
12.2. Your continued use of the BossMailer services after the effective date of any changes to these Terms constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must discontinue your use of the Services.


13. Force Majeure


13.1. BossMailer shall not be liable for any delay or failure to perform its obligations under these Terms due to any cause beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of energy, materials, labor, or transportation.


14. Severability


14.1. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.


15. Entire Agreement


15.1. These Terms constitute the entire agreement between you and BossMailer relating to the Services and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and BossMailer with respect to the Services.


16. Assignment


16.1. You may not assign your rights or obligations under these Terms without the prior written consent of BossMailer. BossMailer may assign its rights or obligations under these Terms at any time without notice to you.


17. No Waiver


17.1. The failure of BossMailer to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.


18. Contact Us


18.1. If you have any questions about these Terms, please contact us at support@bossmailer.co.za