These Terms of Service (“Terms”) govern your access to and use of the PostBeagle email marketing platform and related services (the “Service”) provided by Beagle Software ehf. (“PostBeagle”, “we”, “us” or “our”). By creating an account or using the Service, you agree to be bound by these Terms. If you are entering into these Terms on behalf of an organisation, you represent that you have authority to bind that organisation.
1. Eligibility and accounts
You must be at least 18 years old and able to form a binding contract to use the Service. You are responsible for the accuracy of the information you provide, for keeping your credentials confidential, and for all activity that occurs under your account. Notify us promptly of any unauthorised use.
2. The Service
The Service allows you to create, send and analyse email campaigns and manage contact lists. We may add, change or remove features over time. We aim to keep the Service available but do not guarantee uninterrupted or error-free operation.
3. Acceptable use and anti-spam
Your use of the Service must comply with our Anti-Spam Policy and all applicable laws, including the GDPR, the ePrivacy rules, CAN-SPAM and CASL. You may only send email to recipients from whom you have obtained valid permission. You must not:
- send unsolicited bulk email (spam) or use purchased, rented or scraped lists;
- send deceptive, fraudulent, or misleading content, or falsify headers or sender information;
- distribute malware, phishing, or content that is unlawful, harassing, or infringing;
- attempt to gain unauthorised access to, disrupt, or reverse-engineer the Service;
- resell or provide the Service to third parties except as expressly permitted.
We may monitor sending activity and may suspend or terminate accounts that generate excessive bounce or complaint rates or that otherwise violate these Terms.
4. Your content and responsibilities
You retain all rights to the content, lists and data you upload (“Your Content”). You grant us a limited licence to host, process and transmit Your Content as necessary to provide the Service. You are solely responsible for Your Content and warrant that you have all necessary rights and consents - including valid consent from each recipient - to send it through the Service. Our processing of personal data within Your Content is governed by our Privacy Policy and GDPR & Data Processing terms.
5. Fees, billing and trials
- Plans & fees. Paid plans are billed in advance on a recurring basis according to the plan you select. Fees are stated exclusive of taxes; you are responsible for any applicable VAT or other taxes.
- Trials. Where a free trial is offered, the Service converts to a paid plan at the end of the trial unless you cancel beforehand.
- Renewals & changes. Subscriptions renew automatically until cancelled. If you change plans, price changes take effect at your next billing date.
- Non-payment. We may suspend or downgrade your account if fees are overdue.
- Refunds. Except where required by law, fees are non-refundable.
6. Suspension and termination
You may cancel your account at any time. We may suspend or terminate your access if you breach these Terms, fail to pay fees, or if your use poses a risk to the Service, other users, or our deliverability reputation. On termination, your right to use the Service ceases and we will handle Your Content as described in our GDPR terms.
7. Deliverability
We work hard to maximise deliverability, but email delivery depends on factors outside our control - including recipient mail servers, your sending practices, list quality, and content. We do not warrant that any specific message will be delivered or will reach the inbox.
8. Intellectual property
The Service, including its software, design and trademarks, is owned by PostBeagle or its licensors and is protected by intellectual property laws. These Terms do not grant you any rights in the Service except the limited right to use it in accordance with these Terms.
9. Disclaimer of warranties
To the maximum extent permitted by law, the Service is provided “as is” and “as available” without warranties of any kind, whether express, implied or statutory, including warranties of merchantability, fitness for a particular purpose and non-infringement.
10. Limitation of liability
To the maximum extent permitted by law, PostBeagle will not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, revenue, data or goodwill. Our total aggregate liability arising out of or relating to the Service will not exceed the amount you paid us for the Service in the twelve (12) months preceding the event giving rise to the liability. Nothing in these Terms limits liability that cannot be limited under applicable law.
11. Indemnification
You agree to indemnify and hold harmless PostBeagle from any claims, damages, liabilities and expenses (including reasonable legal fees) arising out of Your Content, your use of the Service, or your breach of these Terms or applicable law.
12. Changes to these Terms
We may update these Terms from time to time. We will post the updated version on this page and update the “Last updated” date above. If we make material changes, we will provide reasonable notice. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms.
13. Governing law and jurisdiction
These Terms are governed by the laws of Iceland, without regard to its conflict-of-laws rules. You agree to submit to the exclusive jurisdiction of the District Court of Reykjavík (Héraðsdómur Reykjavíkur), Iceland to resolve any dispute arising out of or relating to these Terms or the Service.
14. Miscellaneous
- Entire agreement. These Terms, together with the policies referenced in them, constitute the entire agreement between you and us regarding the Service.
- Severability. If any provision is found unenforceable, the remaining provisions remain in effect.
- Assignment. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition or sale of assets.
- Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control.
- Waiver. A failure to enforce any provision is not a waiver of our right to do so later.
15. Contact us
Questions about these Terms? Contact us at [email protected] or by post:
Beagle Software ehf.
Bjargargata 2, 102 Reykjavik, Iceland
Reg. no. 530726-0610