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Terms of Service

Last updated: December 18, 2024

1. Agreement to Terms

By accessing or using Phacteur ("the Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use the Service. We reserve the right to modify these Terms at any time, and your continued use of the Service constitutes acceptance of any changes.

2. Description of Service

Phacteur provides email hosting, sending, and management services. This includes the ability to send and receive emails, manage contacts, organize messages, and related features. The Service is provided "as is" and may be modified or discontinued at our discretion.

3. Account Registration

  • You must provide accurate and complete information when creating an account
  • You are responsible for maintaining the security of your account credentials
  • You must be at least 13 years old to use the Service
  • One person may not maintain more than one account
  • You are responsible for all activity that occurs under your account

4. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with our Acceptable Use Policy. You may not:

  • Send spam, bulk unsolicited emails, or any form of unwanted messages
  • Send emails containing malware, viruses, or malicious content
  • Impersonate another person or entity
  • Use the Service for any illegal activities
  • Attempt to gain unauthorized access to the Service or related systems
  • Interfere with or disrupt the Service or its infrastructure
  • Violate any applicable laws or regulations

5. Email Sending Limits

To maintain service quality and prevent abuse, we impose reasonable limits on email sending:

  • Daily sending limits may apply based on your account type
  • We monitor bounce rates and complaint rates for all accounts
  • Accounts with excessive bounces or complaints may be suspended
  • We reserve the right to throttle or limit sending for any reason

6. Content Ownership

You retain ownership of all content you create or upload to the Service. By using the Service, you grant us a limited license to store, process, and transmit your content as necessary to provide the Service. We do not claim ownership of your emails or other content.

7. Privacy

Your use of the Service is also governed by our Privacy Policy, which explains how we collect, use, and protect your information.

8. Termination

We may suspend or terminate your account at any time for:

  • Violation of these Terms or the Acceptable Use Policy
  • Excessive bounce rates or spam complaints
  • Fraudulent or illegal activity
  • Non-payment (for paid services)
  • Extended periods of inactivity

You may terminate your account at any time by contacting us. Upon termination, your data will be deleted in accordance with our data retention policies.

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DO NOT GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE. WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PHACTEUR SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES, ARISING FROM YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SERVICE IN THE TWELVE MONTHS PRECEDING THE CLAIM.

11. Indemnification

You agree to indemnify and hold harmless Phacteur and its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from your use of the Service, your violation of these Terms, or your violation of any rights of another party.

12. Governing Law

These Terms shall be governed by and construed in accordance with applicable laws, without regard to conflict of law principles. Any disputes arising from these Terms shall be resolved through binding arbitration or in the courts of competent jurisdiction.

13. Contact Information

For questions about these Terms, please contact us at:

Email: [email protected]