Legal
Terms of Use
These Terms of Use (“Terms”) govern your access to and use of the Notifiva transactional email API, SMTP relay, website and related services (the “Service”). By creating an account or using the Service, you agree to these Terms.
1. The Service
Notifiva provides infrastructure for sending transactional email (password resets, verification codes, order confirmations, invoices, system notifications and similar application-generated messages). Features, plans and limits are described on our website and may change over time.
2. Accounts and API keys
You are responsible for safeguarding your account credentials and API keys, and for all activity under your account. Notify us promptly of any unauthorized use. You must provide accurate registration and billing information.
3. Acceptable use
You may use the Service only for lawful purposes and in accordance with these Terms. You agree not to:
- Send unsolicited bulk or marketing email (spam) through the Service. Notifiva is for transactional email only.
- Send phishing, malware, or content that is illegal, fraudulent or infringes others’ rights.
- Attempt to bypass volume limits, authentication, or security controls.
- Use the Service in a way that damages sender reputation of shared infrastructure or violates mailbox-provider policies.
- Resell the Service without our prior written consent, except as part of a product that uses it under your own brand under a Scale agreement.
We may suspend or terminate accounts that violate these rules, and may suppress addresses that hard-bounce or generate complaints.
4. Your content and domains
You retain ownership of content you submit for delivery. You grant us a limited license to process, transmit and store that content solely to provide the Service. You are responsible for having the right to send to the recipients you designate and for authenticating domains you use as senders.
5. Fees and payment
Paid plans are billed according to the pricing page and any order form. Overages are billed as described. Fees are non-refundable except where required by law. We may change prices with notice; continued use after the effective date constitutes acceptance of the new prices for subsequent periods.
6. Availability and support
We aim for high availability but do not guarantee uninterrupted service. Support levels depend on your plan. We are not liable for delays or failures caused by third-party mailbox providers, network issues outside our control, or incorrect configuration on your side.
7. Intellectual property
The Service, including software, documentation and branding, is owned by Notifiva or its licensors. These Terms do not grant you any ownership interest. Feedback you provide may be used by us without obligation to you.
8. Disclaimer of warranties
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
9. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTIFIVA AND ITS AFFILIATES SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE OR DATA. OUR TOTAL LIABILITY ARISING OUT OF OR RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
10. Indemnity
You will indemnify and hold harmless Notifiva from claims arising out of your content, your use of the Service in violation of these Terms, or your violation of applicable law.
11. Termination
You may stop using the Service and close your account at any time. We may suspend or terminate access for breach of these Terms, non-payment, or risk to the Service or other users. Upon termination, your right to use the Service ends; sections that by nature should survive will survive.
12. Changes
We may update these Terms by posting a revised version. Material changes will be indicated by an updated date. Continued use after the effective date constitutes acceptance.
13. Governing law
These Terms are governed by the laws of the jurisdiction in which Notifiva is established, without regard to conflict-of-law principles. Courts in that jurisdiction shall have exclusive venue, except where mandatory consumer protections apply.
14. Contact
Questions about these Terms: [email protected].