1. The agreement
These Terms of Service are a contract between you and SentientMail, Inc., 16192 Coastal Highway, Lewes, DE 19958 ("SentientMail", "we", "us"). They govern your use of the SentientMail platform, the marketing site, the API, and anything else we provide under the SentientMail name (together, the "Service").
You accept these terms by creating an account or by using the Service. If you are accepting on behalf of a company, you confirm you have authority to bind it, and "you" means that company.
Three other documents form part of this agreement and are incorporated by reference:
- The Acceptable Use and Anti-Spam Policy, which defines what you may send and to whom.
- The Service Limits, which state the technical resource limits that apply to each plan.
- The Privacy Policy, which explains how we handle personal data.
If you are subject to the GDPR, the UK GDPR, or a comparable law, our Data Processing Addendum also applies and takes precedence over these terms on any question of personal-data processing.
2. Your account
You must be at least 18 and legally able to enter a contract. You are responsible for everything done under your account, for keeping credentials secure, and for the acts of every user you invite into it.
New accounts start in sandbox mode, where sends only reach members of your own team. Production sending unlocks once you verify your email address and your sending domain. We may require additional verification before or after unlock.
Tell us promptly at support@sentientmail.com if you believe your account has been accessed without authorization.
3. Plans and payment
Plans
Each plan carries an allowance, published on our pricing page: a monthly email volume, a contact ceiling, a number of business units and seats, and a number of included platform AI assists. Allowances reset on the first day of each UTC calendar month. Unused allowance does not carry forward.
Fees
Paid plans bill monthly or annually in advance, in US dollars, and are non-refundable except where required by law. Email volume above your allowance is billed at the overage rate published on the pricing page. You authorize us to charge your payment method for all amounts due, including overage and applicable tax.
Changing plans
You may upgrade or downgrade at any time. An upgrade takes effect immediately and is prorated. A downgrade takes effect at the start of your next billing period, and it is your responsibility to be within the lower plan's allowances by then.
Non-payment
If a payment fails we will notify you and retry. If an invoice remains unpaid after fourteen days we may suspend sending, and after thirty days we may suspend the account and, after a further thirty days, delete its data.
Price changes
We may change prices with at least thirty days' notice by email. A price change never applies to a billing period you have already paid for. If you do not accept a change, your remedy is to cancel before it takes effect.
Free plan
The free plan is provided as-is, carries no service commitment, and may be changed, limited, or withdrawn at any time. We may delete a free account and its data after twelve consecutive months of inactivity, after notice to the account's email address.
4. Your content and data
Your data stays yours. Contacts, templates, campaigns, images, and everything else you put into the Service ("Your Content") remain your property. We claim no ownership of it.
You grant us a limited, worldwide, non-exclusive licence to host, copy, transmit, render, and display Your Content strictly as needed to operate the Service for you, to prevent abuse, and to comply with law. That licence ends when you delete the content or close your account, subject to routine backup retention.
You are responsible for having the rights to Your Content and for the lawful basis on which you hold and mail every contact in it. Where Your Content includes personal data of third parties, you are the controller and we are your processor, on the terms of the Data Processing Addendum.
Export and deletion
You may export Your Content at any time while your account is active. On termination you have thirty days to export it, after which we delete it from active systems within a further thirty days and from backups within ninety days.
Bring-your-own AI
Where you configure your own AI provider key, prompts and responses travel to that provider under your agreement with them, and they bill you directly. We are not a party to that relationship and are not responsible for that provider's output, availability, or handling of the data you send it. Where you instead use the platform AI assists included with your plan, those calls run on our provider key and are covered by our Privacy Policy and the subprocessor list.
5. Sending rules
Everything you send through the Service is subject to the Acceptable Use and Anti-Spam Policy. In short: mail only people who asked to hear from you, honour unsubscribes promptly, identify yourself honestly, and do not use the Service for anything unlawful.
Sending reputation is shared infrastructure. Your bounce and complaint rates affect every other customer sending from the same pools, which is why we monitor them automatically and act on them. The thresholds are published in the Acceptable Use Policy.
6. Resource limits
The Service runs on shared infrastructure. To keep it stable and fast for everyone, we apply technical resource limits: storage quotas, ingest rate limits, and structural limits on the size and shape of individual records and objects.
Current limits are published at sentientmail.com/limits and form part of this agreement. They are set well above normal use, and a customer using the Service as intended should never encounter one. We may change them with thirty days' notice by email, except where a change is needed sooner to protect the stability or security of the Service.
When an account reaches a limit, writes that would exceed it are refused. Reading, exporting, deleting, and sending continue to work, so you can always retrieve your data and bring the account back under the limit. We may also rate-limit or throttle an account whose load threatens the stability of the Service, and where the threat is immediate we may do so without prior notice.
7. What we owe you
We will provide the Service with reasonable skill and care, keep your data logically isolated from other customers' data, and act on abuse reports promptly. We will give you at least thirty days' notice by email before any change that materially reduces core functionality of a paid plan.
Enterprise agreements may add a service level commitment. On self-serve plans, no uptime guarantee applies, though we do not treat that as licence to be careless.
8. Suspension
We may suspend an account, or its ability to send, if:
- it breaches the Acceptable Use Policy, including by exceeding the published bounce or complaint thresholds;
- its load or storage threatens the stability of the Service;
- an invoice is overdue under section 3; or
- we are required to suspend it by law or by an upstream provider.
An automated suspension for deliverability reasons re-sandboxes the account: external sending stops, internal testing and access to your data continue. We notify the account owner, and a human reviews any request to lift it. Where circumstances allow we warn before suspending; where the harm is ongoing we suspend first and explain immediately after.
9. Ending the agreement
You may close your account at any time from the app or by writing to support. Closing it stops future billing; it does not refund the current period.
We may terminate for material breach that you do not cure within fourteen days of notice, immediately for a breach of the Acceptable Use Policy that causes ongoing harm, or on thirty days' notice if we discontinue the Service. If we discontinue the Service or terminate you without cause, we refund the unused portion of any prepaid fee.
Section 4's export window applies on any termination.
10. Warranties and disclaimers
Each party warrants that it has the authority to enter this agreement. You additionally warrant that you have the rights and lawful basis described in sections 4 and 5.
Beyond the commitment in section 7, and to the maximum extent permitted by law, the Service is provided "as is", without warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Service will be uninterrupted or error-free, and we do not warrant deliverability: whether a given mailbox provider accepts, filters, or delivers a message is their decision, not ours.
11. Limitation of liability
To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, goodwill, or data, even if advised of the possibility.
Each party's total aggregate liability arising out of this agreement is limited to the greater of the fees you paid us in the twelve months before the claim, or one hundred US dollars.
These limits do not apply to your payment obligations, to either party's indemnity obligations, or to any liability that cannot be limited by law, including for fraud or for death or personal injury caused by negligence.
12. Indemnity
You will defend and indemnify us against third-party claims arising from Your Content, from your use of the Service in breach of this agreement or the Acceptable Use Policy, or from your violation of law or the rights of a third party. We will defend and indemnify you against third-party claims that the Service as provided by us infringes their intellectual property rights.
The indemnified party must give prompt notice, allow the other to control the defence, and provide reasonable cooperation.
13. Changes to these terms
We may update these terms. For a material change we will give at least thirty days' notice by email to the account owner and update the "last updated" date above. Continuing to use the Service after a change takes effect means you accept it. If you do not, cancel before the effective date and we will refund the unused portion of any prepaid fee.
14. General
Governing law and venue
This agreement is governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules. The state and federal courts located in Delaware have exclusive jurisdiction, and both parties consent to venue there. Nothing here prevents either party from seeking injunctive relief in any competent court.
If you are a consumer resident in the European Economic Area or the United Kingdom, nothing in this section deprives you of the protection of the mandatory laws of your country of residence or of your right to bring proceedings there.
Assignment
Neither party may assign this agreement without the other's consent, except that either may assign it in full to a successor in a merger, acquisition, or sale of substantially all assets, on notice.
Entire agreement and severability
This agreement, with the documents it incorporates, is the entire agreement between us on its subject matter and supersedes any prior discussion. If a provision is held unenforceable, the rest stays in force and the unenforceable provision is narrowed to the minimum extent needed to make it enforceable.
No waiver, no partnership
Failing to enforce a provision is not a waiver of it. Nothing here creates a partnership, agency, or employment relationship.
Force majeure
Neither party is liable for a delay or failure caused by something outside its reasonable control, provided it takes reasonable steps to mitigate.
Notices
We give notice to the email address on your account. You give notice to legal@sentientmail.com, with a copy by post to SentientMail, Inc., 16192 Coastal Highway, Lewes, DE 19958.