Terms of Service

1. Introduction and Acceptance

These Terms of Service ("Terms") constitute a legal agreement between you ("Customer", "you", or "your") and Pigeonify ("Company", "we", "us", or "our"). These Terms govern your access to and use of our email marketing platform, API, services, and website available at pigeonify.com (collectively, the "Service").

By creating an account, accessing our Service, or using our API, you agree to be bound by these Terms, our Privacy Policy, and our Acceptable Use Policy. If you do not agree with these Terms, you must not use our Service.

You represent that you are at least 18 years of age and have the legal authority to enter into this agreement on behalf of yourself or the organization you represent.

2. Description of Service

Pigeonify is a SaaS email marketing platform that enables you to:

• Send transactional and marketing emails via verified domains
• Manage contact lists and email campaigns
• Create and use email templates with a visual builder
• Track email performance, analytics, and engagement metrics
• Access our API for programmatic email sending
• Verify and configure email domains with DNS records

We utilize Amazon SES (Simple Email Service) as our email delivery infrastructure. You acknowledge that email delivery is subject to AWS SES service availability and policies.

3. Account Registration and Security

3.1 Account Creation

To use our Service, you must create an account by providing accurate, complete, and current information. You are responsible for maintaining the accuracy of your account information.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials, including your password and API keys. You agree to:

• Use a strong, unique password
• Not share your credentials with any third party
• Notify us immediately of any unauthorized access or security breach
• Be responsible for all activities that occur under your account

3.3 Account Termination

You may close your account at any time. We may suspend or terminate your account if you violate these Terms, engage in fraudulent activity, or fail to pay fees. Upon termination, your access to the Service will be revoked and your data will be deleted in accordance with our data retention policy.

4. Acceptable Use Policy

You agree to use our Service only for lawful purposes and in compliance with all applicable laws and regulations. You agree NOT to:

4.1 Prohibited Activities

• Spam: Send unsolicited bulk emails, spam, or emails without proper consent
• Phishing: Send fraudulent emails attempting to steal credentials or personal information
• Malware: Distribute viruses, malware, or other harmful code
• Harassment: Send abusive, threatening, or harassing content
• Illegal Content: Send content that violates laws or promotes illegal activities
• Misleading Content: Use deceptive subject lines or falsified header information
• Purchased Lists: Use purchased, rented, or third-party email lists without proper opt-in

4.2 Compliance Requirements

You must comply with all applicable email marketing laws, including:

• CAN-SPAM Act (US): Include physical address, clear subject lines, and unsubscribe mechanisms
• GDPR (EU): Obtain valid consent, maintain consent records, honor data subject rights
• CASL (Canada): Obtain express consent before sending commercial emails
• PECR (UK): Obtain consent for marketing communications

4.3 Email Quality Standards

To maintain platform reputation and deliverability, you must maintain:

• Bounce rate below 5%
• Complaint rate below 0.1%
• Valid unsubscribe links in all marketing emails
• Proper domain authentication (SPF, DKIM, DMARC)

We reserve the right to suspend accounts that exceed these thresholds or engage in practices that harm our platform reputation.

5. Pricing and Payment

5.1 Service Plans

We offer various pricing plans with different features and email volume limits. Current pricing is available at pigeonify.com/pricing. You may upgrade or downgrade your plan at any time.

5.2 Billing and Payment

• Subscription fees are billed in advance on a monthly or annual basis
• All fees are non-refundable except as required by law
• You authorize us to charge your payment method for all fees owed
• Payment failures may result in service suspension
• Prices are exclusive of applicable taxes, which will be added to invoices

5.3 Fee Changes

We may change our pricing with 30 days advance notice. Price changes will not affect your current billing cycle. If you do not agree to a price increase, you may cancel your subscription before the new price takes effect.

5.4 Overage Charges

If you exceed your plan's email volume limits, additional usage will be charged according to our overage rates. We will notify you when you approach your limits.

6. Domain Verification

To send emails through our Service, you must verify ownership of your sending domains by adding DNS records. You represent and warrant that:

• You own or have authority to use the domains you verify
• The domains will not be used for prohibited purposes
• You will maintain proper DNS configuration as required by our Service

We automatically register your verified domains with Amazon SES and provide you with DNS records (DKIM, SPF, DMARC) that you must configure. Domain verification status is determined by DNS checks.

7. Data and Privacy

7.1 Your Data

You retain all ownership rights to your contact data, email content, and campaign materials ("Customer Data"). You grant us a limited license to process your Customer Data solely to provide the Service.

7.2 Data Controller and Processor

You are the data controller for your Customer Data. We act as a data processor, processing Customer Data according to your instructions. You are responsible for:

• Obtaining necessary consents to collect and process contact data
• Ensuring compliance with data protection laws (GDPR, CCPA, etc.)
• Maintaining records of consent and data processing activities
• Honoring data subject rights (access, deletion, portability)

7.3 Data Security

We implement appropriate technical and organizational measures to protect your data, including encryption, access controls, and regular security audits. However, you acknowledge that no system is completely secure.

7.4 Data Retention and Deletion

Customer Data is retained while your account is active. Upon account closure, your data will be permanently deleted within 30 days unless you export it beforehand. We provide data export functionality for contacts, campaigns, and analytics.

8. API Usage

Our API allows programmatic access to send emails and manage resources. API usage is subject to:

• Rate limits based on your subscription plan
• Secure authentication via API keys
• Compliance with these Terms and Acceptable Use Policy
• Monitoring and logging of API requests

You must keep API keys confidential and rotate them if compromised. We may suspend API access for abuse or violations.

9. Intellectual Property

9.1 Our IP Rights

The Service, including all software, features, content, and trademarks, is owned by Pigeonify and protected by intellectual property laws. You may not copy, modify, distribute, reverse engineer, or create derivative works without our written permission.

9.2 Your IP Rights

You retain all intellectual property rights to your Customer Data, email content, and templates. You grant us a license to use, store, and transmit this content solely to provide the Service.

9.3 Feedback

If you provide suggestions or feedback about our Service, we may use this feedback without obligation or compensation to you.

10. Service Level and Support

We strive to maintain high service availability but do not guarantee uninterrupted service. The Service is provided "as is" without warranties of any kind. We may perform scheduled maintenance with advance notice.

Customer support is provided via email and help documentation. Support response times vary by subscription plan.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES
• OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM
• WE ARE NOT RESPONSIBLE FOR EMAIL DELIVERABILITY, RECIPIENT ACTIONS, OR THIRD-PARTY SERVICE DISRUPTIONS

12. Indemnification

You agree to indemnify and hold harmless Pigeonify from any claims, damages, losses, or expenses (including legal fees) arising from:

• Your violation of these Terms or applicable laws
• Your email content or sending practices
• Infringement of third-party rights by your use of the Service
• Unauthorized access to your account due to your negligence

13. Term and Termination

These Terms continue until terminated by either party. You may terminate by closing your account. We may terminate immediately if you breach these Terms. Upon termination:

• Your access to the Service will cease
• Outstanding fees remain due
• Your data will be deleted per our retention policy
• Provisions regarding liability, indemnification, and IP survive termination

14. Changes to Terms

We may modify these Terms at any time. We will notify you of material changes via email or Service notification at least 30 days before they take effect. Your continued use after changes constitutes acceptance. If you disagree, you must stop using the Service.

15. Governing Law and Disputes

These Terms are governed by the laws of the State of Nevada, United States, without regard to conflict of law principles. Any disputes shall be resolved in the courts of Clark County, Nevada.

For disputes under $10,000, you agree to binding arbitration as an alternative to court proceedings.

16. Miscellaneous

• Entire Agreement: These Terms constitute the entire agreement between you and us
• Severability: If any provision is unenforceable, the remaining provisions continue in effect
• Waiver: Our failure to enforce any right does not waive that right
• Assignment: You may not assign these Terms without our consent. We may assign to affiliates or successors
• Force Majeure: We are not liable for delays due to circumstances beyond our control

17. Contact Information

For questions about these Terms or to report violations, contact us: