1. Agreement to Terms

These Terms of Service ("Terms") govern your access to and use of the Notify transactional email API, website, dashboard, and related services (the "Service") operated by Notify ("Notify," "we," "us," or "our"). By creating an account, accessing the Service, or using an API key, you agree to these Terms and our Acceptable Use Policy ("AUP"), which is incorporated by reference. If you do not agree, do not use the Service.

If you use the Service on behalf of an organization, you represent that you have authority to bind that organization, and "you" includes that organization.

2. The Service

Notify provides an API and related tools to send transactional email, manage domains and API keys, view logs, and configure webhooks. Features, plan limits, and pricing are described on our website and may change. We may modify, suspend, or discontinue any part of the Service, including beta or sandbox features, at any time.

We do not guarantee inbox placement, delivery timing, or that any particular recipient or provider will accept mail sent through the Service. Deliverability depends on many factors outside our control, including your content, recipient lists, domain reputation, and third-party filtering.

3. Accounts and Security

You must be at least 18 years old to use the Service.
You must provide accurate account and contact information and keep it up to date.
You are responsible for all activity under your account and API keys, including activity by teammates or integrations you authorize.
You must keep credentials confidential and notify us promptly at legal@notify.cx if you suspect unauthorized access.
We may require identity, domain ownership, or other verification before enabling or restoring sending access.

4. License and API Use

Subject to these Terms, Notify grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes in accordance with our documentation and plan limits.

You must not reverse engineer, interfere with, or attempt to gain unauthorized access to the Service.
You must not exceed rate limits, quotas, or plan limits without our prior written agreement.
You must implement reasonable security measures for systems that store or use API keys.
You must not resell, sublicense, or provide the Service to third parties as a competing email service without our written consent.

5. Acceptable Use

You must comply with the Acceptable Use Policy. A breach of the AUP is a breach of these Terms. We may investigate suspected violations and take action including throttling, suspension, termination, and reporting to authorities or abuse contacts.

6. Your Content and Responsibility

"Customer Content" means email content, recipient addresses, domains, templates, metadata, and other materials you submit to or transmit through the Service. You retain ownership of Customer Content. You grant Notify a worldwide, non-exclusive license to host, process, transmit, and display Customer Content solely as needed to provide and secure the Service, comply with law, and enforce these Terms.

You are solely responsible for Customer Content and for how you use the Service, including that you have all rights and consents needed to send to each recipient and to use any domain, brand, or from address. You represent that Customer Content and your use of the Service do not violate law, these Terms, or the AUP, and do not infringe third-party rights.

Notify is a conduit for transactional email you initiate. We do not create, endorse, or assume ownership of Customer Content, and we are not responsible for decisions recipients or mailbox providers make about your mail.

7. Payment, Plans, and Refunds

Paid plans are billed in advance according to the pricing shown at checkout or on our pricing page. You authorize us (and our payment processor) to charge your payment method for applicable fees, taxes, and any overages or upgrades you select.

Fees are non-refundable except as required by law or as we expressly state in writing. Without limiting the foregoing, if your account is suspended or terminated for suspected fraudulent activity, abuse, AUP violation, or any other breach of these Terms, no refund will be due for unused time, prepaid fees, or unused email allowance.

We may change prices or plan limits with notice for future billing periods. Failure to pay may result in suspension or termination.

8. Free, Sandbox, and Trial Use

Free, sandbox, trial, and test features are provided as-is, may be limited or revoked at any time, and may not deliver to production inboxes or support production workloads. We may require domain verification or other checks before enabling production sending.

9. Privacy

Our collection and use of personal data is described in our Privacy Policy. You are responsible for providing any notices and obtaining any consents required for the personal data you process through the Service (including recipient email addresses).

10. Intellectual Property

The Service, including software, documentation, logos, and branding, is owned by Notify or its licensors and is protected by intellectual property laws. These Terms do not grant you any rights to our marks except as needed to identify that you use Notify. Feedback you provide may be used by Notify without obligation to you.

11. Third-Party Services

The Service may rely on third-party infrastructure (for example cloud hosting, payment processors, or DNS providers). We are not responsible for third-party services we do not control. Your use of third-party products in connection with Notify is subject to their terms.

12. Suspension and Termination

You may stop using the Service at any time. We may suspend or terminate your account or access immediately, with or without prior notice, if we believe you have violated these Terms or the AUP, if required by law, if your use harms Notify, other users, or third parties (including suspected fraud, phishing, spam, or brand abuse), if payment fails, or for any other reason we reasonably determine is necessary to protect the Service or our reputation.

Suspension or termination under this section does not entitle you to a refund. Upon termination, your license ends and we may delete or disable access to Customer Content in accordance with our retention practices and applicable law. Sections that by their nature should survive (including ownership, payment obligations already incurred, disclaimers, liability limits, indemnity, and governing law) will survive termination.

13. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTIFY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT EMAILS WILL BE DELIVERED, ACCEPTED, OR OPENED BY ANY RECIPIENT.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTIFY AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS WILL HAVE NO LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OR LOSSES OF ANY KIND ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS — INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS OPPORTUNITY, OR COST OF SUBSTITUTE SERVICES — WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTIFY'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS IS ZERO (UK £0). YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISSATISFACTION WITH THE SERVICE IS TO STOP USING IT AND, WHERE APPLICABLE, CANCEL YOUR SUBSCRIPTION.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law (including, under English law, liability for death or personal injury caused by negligence, or for fraud or fraudulent misrepresentation). Where a complete exclusion is not allowed, Notify's liability is limited to the minimum amount permitted by law.

15. Indemnification

You will defend, indemnify, and hold harmless Notify and its affiliates, officers, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) Customer Content; (b) your use of the Service; (c) your breach of these Terms or the AUP; (d) your violation of law or third-party rights (including privacy, publicity, intellectual property, and anti-spam laws); or (e) disputes between you and your recipients or end users.

16. Export and Sanctions

You must not use the Service in violation of export control or sanctions laws. You represent that you are not located in, and will not use the Service for the benefit of, any sanctioned country or prohibited party.

17. Changes to Terms

We may update these Terms from time to time. We will post the updated Terms on this page and update the "Last updated" date. For material changes, we may also notify you by email or through the Service. Continued use after the effective date constitutes acceptance of the updated Terms. If you do not agree, you must stop using the Service.

18. General

These Terms, together with the AUP and Privacy Policy, are the entire agreement between you and Notify regarding the Service and supersede prior agreements on that subject. If any provision is unenforceable, the remainder stays in effect. Failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. Notices to Notify may be sent to legal@notify.cx.

These Terms are governed by the laws of England and Wales, without regard to conflict of law rules. The courts of England and Wales have exclusive jurisdiction over disputes arising out of or relating to these Terms or the Service, except that Notify may seek injunctive or other equitable relief in any jurisdiction to protect its rights or the Service.

19. Contact

Questions about these Terms should be sent to legal@notify.cx.