Terms of service

These terms are an agreement between you and EterMail ("EterMail", "we", "us"), located at 3911 Concord Pike, Wilmington, DE 19803, USA. They govern your use of the EterMail.ai website and service. By creating an account or using the service, you agree to them on behalf of yourself and the business you represent ("you").

1. The service

EterMail is an email marketing platform: it lets you sync contacts and data, create campaigns, automated flows and cold outreach sequences with the help of AI, send them after approval, and manage replies. Features may change as we improve the service. We will give reasonable notice before removing a feature you rely on.

2. Your account

• You must provide accurate information and keep your sign-in secure. You are responsible for activity in your workspace, including by team members you invite.
• You must be at least 16 and able to enter into a contract for your business.
• Tell us promptly at [email protected] if you believe your account has been compromised.

3. Your content and data

You keep all rights to the content and data you put into EterMail, including your contacts. You give us permission to host, process and transmit it only as needed to provide the service, and as described in our privacy policy. You are responsible for having the rights and consents needed for that data, including permission to email your contacts.

4. Acceptable use

You must follow our anti-spam policy and all laws that apply to your email, including anti-spam and data protection laws. In particular, you may only send marketing email to people who have agreed to receive it, and you must honour unsubscribe requests. We may review sending, suspend campaigns or sequences, pause sending, or suspend accounts that put recipients, mailbox providers or other customers at risk.

5. AI features and connected AI apps

AI features produce drafts and can help carry out actions; their output may be inaccurate. Verify facts, prices, recipients and commitments before you rely on them. Sending and other actions that need approval run only when you approve each one, or within a scope of advance authorization you have expressly switched on.

Connecting AI apps. You may authorize third-party AI apps (such as Claude, ChatGPT or Cursor) to access a workspace you choose over MCP. A connection gives the app workspace data according to the permissions you grant, which can include projects, contacts, segments, campaigns, email content and inbox replies; a read-only connection still shares data. The third party is responsible, under its own terms and privacy policy, for how it handles that data and for its own service, so check that an app suits your purpose before connecting it. How we handle your data is described in our privacy policy. Actions initiated through a valid connection, within your permissions and the authorization you gave, are treated as actions under your account.

Approvals and auto-approval. By default, sending, scheduling, pausing, cancelling, deleting and replying to customers run only after you approve them in EterMail. A workspace owner or admin may switch on auto-approval for a specific app and a specific category of action, and you may set a pre-approved sending rule for an Etta task. Auto-approval is off by default, is switched on per app and per category, and requires a separate risk confirmation; we record who switched it on, when, its scope and the version of the risk notice accepted. Once on, actions within that authorization and the applicable limits run without individual confirmation. We still enforce permissions and sending limits, for example pausing automatic sending when bounces or complaints are high.

Your responsibility. You decide, and are responsible for, which AI apps you connect, the instructions you give them, how broad an authorization you grant, and checking content and recipients. AI can misread instructions or be influenced by emails, web pages or other content it reads, leading to wrong recipients, incorrect content, deleted data or mistaken replies to customers. To the maximum extent permitted by applicable law, you bear the risks and consequences of actions you authorized, including actions run automatically under auto-approval or pre-approved sending; EterMail's liability is subject to the limitation of liability in section 12.

Switching off and revoking. You can switch off an app's auto-approval or disconnect it at any time under API & connections; pre-approved sending for Etta is stopped on the relevant Etta task page. Switching off auto-approval means the app's later actions of that kind wait for your approval again; requests already waiting stay open for you to approve or reject. Disconnecting an app, or reducing it to read-only, makes its requests still awaiting approval lapse. Neither reverses completed actions: sent emails cannot be recalled, deleted data is not restored, and you need to check and cancel any scheduled campaigns separately. Data a third-party app has already received is retained or deleted under that third party's policies and the controls it offers.

6. Plans, credits and payment

• Paid plans are billed monthly in advance through Stripe. The credits and benefits each plan includes are as shown on the pricing page and at the time you subscribe (1,000 credits = $1); plan credits are valid for that billing month. Purchased credits are valid for 365 days.
• Credits are used for sending email and for AI features at the rates shown on our pricing page and in the app. Rates may change with notice; changes do not affect credits already reserved for a send.
• You can cancel at any time. Your plan stays active until the end of the paid period and then moves to the Free plan. Fees already paid are non-refundable except where required by law or stated otherwise in writing.
• Payments are processed by Stripe and appear on your statement as ETERMAIL. Taxes may apply depending on your location.
• If you believe you were charged in error, contact us within 30 days at [email protected] and we will review it.

7. Free plan and trials

New accounts may receive a trial with extra features and credits. Marketing emails sent on the Free plan may include a short "Sent with EterMail" line in the footer. We may change or end the Free plan with reasonable notice.

8. Third-party services

EterMail connects to services you choose, such as Shopify, Google, Microsoft or your own SMTP mailboxes. Your use of those services is governed by their own terms, and we are not responsible for them.

9. Availability and support

We work to keep EterMail available and reliable, but we do not guarantee uninterrupted service. Support is available by email at [email protected].

10. Suspension and termination

You can close your account at any time. We may suspend or terminate access if you breach these terms, create risk or legal exposure for us or others, or fail to pay. Where reasonable, we will notify you first and give you a chance to fix the problem. After termination you can request an export of your data for 30 days, after which we may delete it.

11. Disclaimers

Except as expressly stated in these terms, the service is provided "as is". We do not guarantee that any email will be delivered to an inbox or produce any particular result, because delivery depends on recipients' mailbox providers and on your content and list practices.

12. Limitation of liability

To the maximum extent permitted by applicable law: (a) neither party is liable for indirect, incidental, special or consequential damages, or for lost profits, revenue, goodwill or data; and (b) our total liability arising out of these terms or the service is limited to the amount you actually paid us in the 6 months before the event giving rise to the claim. These limits do not apply to liability that cannot be excluded or limited by law, such as liability for wilful misconduct or gross negligence.

13. Indemnity

You will defend and indemnify us against third-party claims arising from the content you send or the data you provide, or from your breach of these terms or of applicable law.

14. Changes to these terms

We may update these terms. If the changes are material, we will notify account holders at least 30 days in advance. Continuing to use the service after changes take effect means you accept them.

15. Governing law

These terms are governed by the laws of the State of Delaware, USA, without regard to its conflict-of-law rules. The state and federal courts located in Delaware have exclusive jurisdiction over any dispute arising from these terms, except that either party may seek injunctive relief in any competent court. Mandatory consumer protection laws of your country still apply where they cannot be excluded.

16. Contact

EterMail, 3911 Concord Pike, Wilmington, DE 19803, USA. Questions about these terms: [email protected].