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Terms of Service

Last updated: [DATE]

These Terms of Service ("Terms") govern your access to and use of the services provided by Resonate Mail OÜ ("Resonate Mail", "we", "us", "our"), including the Resonate Reach platform and Resonate Amplify services, as well as the website at https://resonatemail.com.

By creating an account or using our services, you agree to be bound by these Terms. If you do not agree, do not use our services.

1. About Resonate Mail

Resonate Mail OÜ is a private limited company registered in the Republic of Estonia.

  • Registry code: [YOUR REGISTRY CODE]
  • Registered address: [YOUR ESTONIAN LEGAL ADDRESS]
  • Email: [support@resonatemail.com]

2. Definitions

  • "Service" or "Services" means the Resonate Reach platform, the Resonate Amplify services, and any related tools, features, and content provided by Resonate Mail.
  • "Resonate Reach" means our self-service email sending platform, including list management, template creation, campaign sending, analytics, and related features.
  • "Resonate Amplify" means our expert email services, including email design and coding, deliverability guidance, and campaign execution, provided on an hourly basis.
  • "User", "you", "your" means any individual or legal entity that creates an account or uses the Services.
  • "Subscriber" means a recipient on your email list to whom you send emails through Resonate Reach.
  • "Content" means any text, images, templates, subscriber data, or other materials you upload, create, or transmit through the Services.

3. Account registration

3.1. To use the Services, you must create an account by providing accurate and complete information. You must be at least 18 years of age or the age of legal majority in your jurisdiction.

3.2. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must notify us immediately at [support@resonatemail.com] if you suspect any unauthorised use.

3.3. We reserve the right to suspend or terminate accounts that contain inaccurate information or that violate these Terms.

4. Services and features

4.1 Resonate Reach

Resonate Reach provides you with tools to create, send, and track email campaigns. Key features include list management, a drag-and-drop email editor, HTML template uploads, campaign scheduling, and real-time analytics (opens, clicks, bounces, unsubscribes).

Free tier: Every account includes 1,000 emails per month at no charge. No credit card is required to start.

Paid usage: Emails beyond the monthly free tier are billed at €1 per 1,000 emails.

Reward Pools: Users with strong sending performance (delivery, open, and click rates assessed relative to their pool) may qualify for quarterly discounts on Resonate Amplify services (Bronze: 10%, Silver: 20%, Gold: 30%). Pool assignments are reviewed quarterly at our discretion.

4.2 Resonate Amplify

Resonate Amplify provides expert email services billed at €100 per hour, including email design and coding, deliverability audits and guidance, and full campaign execution. Reward Pool discounts apply where eligible.

4.3 Reach Support

Technical support and troubleshooting is available at €50 per hour.

5. Pricing and payment

5.1. Prices are stated in euros (€) and are exclusive of applicable taxes (including VAT) unless stated otherwise.

5.2. Paid usage of Resonate Reach is billed monthly in arrears based on the number of emails sent beyond the free tier.

5.3. Resonate Amplify services are billed based on hours worked, invoiced upon completion of the engagement or monthly for ongoing engagements.

5.4. Payments are processed through our third-party payment provider. By providing payment information, you authorise us to charge the applicable fees.

5.5. If payment fails or is overdue, we may suspend your access to the Services until the balance is settled. Accounts with invoices overdue by more than 30 days may be terminated.

5.6. We reserve the right to modify our pricing at any time. Changes will be communicated at least 30 days in advance and will apply from the next billing cycle.

6. Your obligations

6.1. You are solely responsible for all Content you upload, create, or transmit through the Services, including the subscriber lists you use with Resonate Reach.

6.2. You must ensure that you have obtained all necessary consents, permissions, and legal bases required under applicable law (including the GDPR and the ePrivacy Directive) before sending emails to your subscribers through Resonate Reach.

6.3. You must comply with all applicable laws and regulations when using the Services, including anti-spam legislation in all jurisdictions where your subscribers are located.

6.4. You are responsible for providing a functioning unsubscribe mechanism in every marketing email you send through our platform, and for honouring unsubscribe requests promptly.

7. Acceptable Use Policy

Your use of the Services is subject to our Acceptable Use Policy, which is incorporated into these Terms by reference. Violation of the Acceptable Use Policy may result in immediate suspension or termination of your account.

8. Intellectual property

8.1. Our intellectual property. All rights, title, and interest in and to the Services, including the website, platform, software, branding, logos, and documentation, are and remain the exclusive property of Resonate Mail OÜ or our licensors. These Terms do not grant you any rights to our intellectual property except as necessary to use the Services.

8.2. Your content. You retain all rights to the Content you upload or create through the Services. By using the Services, you grant us a limited, non-exclusive, worldwide licence to host, store, transmit, and display your Content solely to the extent necessary to provide the Services to you. This licence terminates when you delete your Content or close your account, except where retention is required by law or as set out in our Privacy Policy.

9. Data processing

9.1. When you use Resonate Reach to send emails to your subscribers, you act as the data controller and Resonate Mail acts as the data processor in respect of your subscriber data.

9.2. We process subscriber data solely for the purpose of providing the Resonate Reach service to you, in accordance with your instructions and the GDPR.

9.3. Details of how we handle personal data are set out in our Privacy Policy. A Data Processing Agreement (DPA) is available on request.

10. Availability and warranties

10.1. We strive to maintain high availability of the Services but do not guarantee uninterrupted or error-free operation. We may temporarily suspend the Services for maintenance, updates, or security reasons.

10.2. The Services are provided on an "as is" and "as available" basis. To the maximum extent permitted by law, we disclaim all warranties, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

10.3. We do not guarantee any specific delivery rate, open rate, or inbox placement. While Resonate Reach is built with deliverability best practices, actual results depend on many factors outside our control, including the quality of your content and subscriber lists.

11. Limitation of liability

11.1. To the maximum extent permitted by applicable law, Resonate Mail OÜ shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, data, business opportunities, or goodwill, arising out of or in connection with these Terms or the use of the Services, regardless of the theory of liability.

11.2. Our total aggregate liability for any claims arising out of or related to these Terms or the Services shall not exceed the total amount of fees you have paid to us in the 12 months immediately preceding the event giving rise to the claim.

11.3. Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded or limited under applicable law.

12. Indemnification

You agree to indemnify, defend, and hold harmless Resonate Mail OÜ, its officers, directors, and employees from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in connection with (a) your use of the Services, (b) your Content or subscriber data, (c) your violation of these Terms or applicable law, or (d) your violation of any rights of a third party.

13. Suspension and termination

13.1. By you: You may close your account at any time by contacting us at [support@resonatemail.com]. Upon closure, any outstanding fees remain payable.

13.2. By us: We may suspend or terminate your account immediately if you breach these Terms, the Acceptable Use Policy, or applicable law, or if we are required to do so by law. We may also terminate your account with 30 days' notice for any reason.

13.3. Effect of termination: Upon termination, your right to access and use the Services ceases immediately. We will delete your Content and subscriber data within 30 days of termination, unless retention is required by law. You may request an export of your data before termination takes effect.

14. Governing law and disputes

14.1. These Terms are governed by and construed in accordance with the laws of the Republic of Estonia, without regard to its conflict of law provisions.

14.2. Any disputes arising out of or in connection with these Terms shall be submitted to the jurisdiction of the courts of Harju County, Estonia.

14.3. If you are a consumer in the European Union, you may also be entitled to submit a dispute to the Online Dispute Resolution platform provided by the European Commission at https://ec.europa.eu/consumers/odr.

15. Changes to these Terms

We may update these Terms from time to time. When we make material changes, we will notify you by email or by posting a prominent notice on our website at least 30 days before the changes take effect. Your continued use of the Services after the changes become effective constitutes your acceptance of the revised Terms.

16. Miscellaneous

16.1. Entire agreement. These Terms, together with the Privacy Policy, Cookie Policy, and Acceptable Use Policy, constitute the entire agreement between you and Resonate Mail regarding the Services.

16.2. Severability. If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.

16.3. Waiver. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

16.4. Assignment. You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights and obligations under these Terms in connection with a merger, acquisition, or sale of assets.

17. Contact us

If you have any questions about these Terms, please contact us at:

Resonate Mail OÜ [YOUR ESTONIAN LEGAL ADDRESS] Email: [support@resonatemail.com]