These Terms of Service (the "Terms") are a binding agreement between you and Seamailer Corp, a Delaware corporation ("Seamailer", "we", "us", "our"), for your use of the Seamailer email marketing platform, websites, apps and related services (the "Service").
Please read section 17 carefully. It requires disputes to be resolved by binding individual arbitration and waives class actions.
1. Agreement
1.1 By creating an account, clicking "Sign up" or using the Service, you accept these Terms and the documents they include by reference: our Privacy Policy, Anti-Spam & Acceptable Use Policy and Data Processing Addendum.
1.2 You must be at least 18. If you use the Service for a company or other organisation, you confirm you are authorised to accept these Terms for it, and "you" means that organisation.
1.3 If you do not agree to these Terms, do not use the Service.
2. Definitions
- Account: your registered Seamailer account, including any team members you invite.
- Customer Content: everything you or your team upload, create or send through the Service, including templates, images, forms, landing pages and Contact data.
- Contacts: the people on your mailing lists, and their data.
- Email Credits: the number of emails your plan or purchase allows you to send.
- AI Output: content produced by the Service's AI features.
3. Your account
3.1 Give accurate information and keep it up to date.
3.2 Keep your login details secure. You are responsible for all activity under your Account, including by team members. Tell us at once at support@seamailer.app if you suspect unauthorised access.
3.3 One free Account per person or organisation. Creating extra accounts to gain free Email Credits or referral rewards is not allowed.
3.4 You may not sell, transfer or assign your Account without our written consent.
4. Plans, Email Credits and billing
4.1 Plans. We offer a free plan and paid plans. Current features, Email Credit allowances and prices are on our Pricing page.
4.2 Free plan. The free plan includes a limited number of Email Credits. We may change the free plan's limits with notice.
4.3 Payment. Paid plans and Email Credit purchases are billed in advance through our payment processor, Paystack. By adding a payment method, you authorise us to charge it for all fees due.
4.4 Auto-renewal. Subscriptions renew automatically at the end of each billing period until cancelled. You can cancel at any time in your account settings; cancellation takes effect at the end of the current period.
4.5 Failed payments. If a payment fails, we may pause sending or downgrade your Account until payment is made.
4.6 Taxes. Prices exclude taxes unless stated. You are responsible for applicable taxes.
4.7 Price changes. We will give at least 30 days' notice before a price increase affects your next renewal.
4.8 Email Credits. Email Credits are used as emails are sent. Credits included in a plan do not roll over unless the Pricing page says otherwise. Credits have no cash value.
5. Refunds
5.1 If you are not satisfied with your first paid plan, you may request a full refund within 14 days of your first payment by emailing support@seamailer.app.
5.2 Renewals, later payments and Email Credits, whether used or unused, are not refundable, except where the law requires otherwise.
5.3 Accounts suspended or terminated for breaking these Terms or the Anti-Spam & Acceptable Use Policy are not eligible for a refund.
6. Referral program
6.1 Customers may earn rewards, such as bonus Email Credits, account credit or plan upgrades, for referring new customers, as described on the referral page in the app.
6.2 Rewards are not cash, cannot be exchanged for cash, and are earned only when the referred customer meets the stated conditions (for example, sending a first campaign or making a first payment).
6.3 Self-referrals, fake or duplicate accounts, and spam used to promote referral links are not allowed. We may withhold or reverse rewards obtained this way.
6.4 We may change or end the referral program at any time. Rewards already earned under the old rules will be honoured unless obtained by breaking these Terms.
7. Acceptable use
7.1 You must use the Service lawfully and follow our Anti-Spam & Acceptable Use Policy. In short: send only to people who have agreed to hear from you, include a working unsubscribe link, identify yourself accurately, and keep bounce and complaint rates low.
7.2 You must not misuse the Service, including by trying to access it in unauthorised ways, overloading it, reverse-engineering it, or reselling it without our consent.
8. Customer Content and Contacts
8.1 You own your Customer Content. You give Seamailer a worldwide, non-exclusive, royalty-free licence to host, copy, process, transmit and display Customer Content only as needed to provide, secure and support the Service.
8.2 Your responsibility. You are responsible for your Customer Content and for having the rights and consents needed to collect, upload and email your Contacts under applicable law.
8.3 Personal data. Our Data Processing Addendum governs how we process Contact personal data for you, and forms part of these Terms.
8.4 Export. You can export your Contacts while your Account is active.
9. AI features
9.1 The Service includes AI features powered by third-party providers, currently Anthropic and Google (Gemini).
9.2 AI Output may be inaccurate, incomplete or unsuitable. You are responsible for reviewing it before sending or publishing it.
9.3 Do not enter sensitive personal data into AI features.
9.4 AI features may have usage limits depending on your plan.
9.5 As between you and Seamailer, you own the AI Output generated for you, to the extent the law allows. Similar output may be produced for other users.
10. Our intellectual property
10.1 Seamailer and its licensors own the Service, including its software, design, templates and brand. These Terms give you a limited, non-exclusive, non-transferable right to use the Service while your Account is active; they do not transfer ownership.
10.2 If you send us feedback or suggestions, we may use them without any obligation to you.
11. Third-party services
The Service may connect to or import from third-party services. Your use of those services is governed by their terms, and we are not responsible for them.
12. Deliverability and sending limits
12.1 We work to deliver your emails, but we do not guarantee inbox placement, open rates or any other result.
12.2 To protect our sending infrastructure and all customers, we may review, delay, throttle or pause campaigns, including when bounce or complaint rates exceed the limits in the Anti-Spam & Acceptable Use Policy.
13. Suspension and termination
13.1 By you. You can close your Account at any time in your settings.
13.2 By us. We may suspend or terminate your Account, with or without notice, if you break these Terms or the Anti-Spam & Acceptable Use Policy, if your use creates risk or harm to Seamailer or others, if you fail to pay, or if the law requires it. Where reasonable, we will give notice and a chance to fix the problem first.
13.3 After closure. We keep Account data for 6 months after closure, then delete it, as described in our Privacy Policy. Export anything you need before closing your Account.
13.4 Sections 5, 8.2, 10, and 14 to 19 survive termination.
14. Disclaimers
The Service is provided "as is" and "as available". To the fullest extent allowed by law, Seamailer disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, title and non-infringement. We do not promise that the Service will be uninterrupted, error-free or secure.
15. Limitation of liability
15.1 To the fullest extent allowed by law, Seamailer will not be liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or goodwill.
15.2 Seamailer's total liability for all claims relating to the Service is limited to the greater of (a) the fees you paid Seamailer in the 12 months before the event giving rise to the claim, and (b) US $100.
15.3 These limits apply even if Seamailer was told such damages were possible, and do not limit liability that cannot be limited by law.
16. Indemnity
You will defend and indemnify Seamailer and its officers, employees and agents against claims, losses and costs (including reasonable legal fees) arising from your Customer Content, your emails, your breach of these Terms, or your violation of any law or third-party right.
17. Governing law and dispute resolution
17.1 Governing law. These Terms are governed by the laws of the State of Delaware, USA, without regard to its conflict-of-law rules, and by the Federal Arbitration Act.
17.2 Informal resolution first. Before starting arbitration, contact us at support@seamailer.app with a description of the dispute. We will both try in good faith to resolve it within 30 days.
17.3 Binding arbitration. Any dispute that is not resolved informally will be settled by binding arbitration administered by the American Arbitration Association (AAA) under its applicable rules, before a single arbitrator. Hearings will be held online (by video conference or on written submissions), unless the arbitrator decides an in-person hearing is necessary. The arbitrator's decision may be entered in any court with jurisdiction.
17.4 Small claims. Either party may instead bring an individual claim in small-claims court if it qualifies.
17.5 Class-action waiver. Disputes will be resolved only on an individual basis. Neither party may bring or take part in a class, collective or representative action, or a class arbitration.
17.6 Exceptions. Either party may ask a court for an injunction to protect its intellectual property or to stop misuse of the Service.
17.7 Opt-out. You may opt out of this arbitration agreement by emailing support@seamailer.app within 30 days of first accepting these Terms, stating your name, Account email and that you opt out of arbitration.
18. Changes to these Terms
We may update these Terms. For material changes, we will notify you by email or in the app at least 30 days before they take effect. If you keep using the Service after that date, you accept the updated Terms. If you do not agree, you may close your Account.
19. General
- Entire agreement. These Terms and the documents they reference are the whole agreement between you and Seamailer about the Service.
- Assignment. You may not assign these Terms without our consent. We may assign them in a merger, acquisition or sale of assets.
- Force majeure. Neither party is liable for delays caused by events beyond its reasonable control.
- Severability. If any part of these Terms is unenforceable, the rest remains in effect.
- No waiver. Not enforcing a right is not a waiver of it.
- Notices. We send notices to your Account email. You send notices to support@seamailer.app.
20. Contact
Seamailer Corp 233 Gilman Avenue, Cincinnati, OH 45219, United States support@seamailer.app