Terms of Service

1. Description of the Service

EmailSignal verifies email addresses. It checks addresses against our verification infrastructure and tells you, for each address, whether it can receive mail: deliverable, undeliverable, risky or unknown, with a reason where there is one.

In the Apps, the results are written back to your store or site as customer tags or contact labels. On the Website you check a single address, or upload a list or paste addresses, see the results and statistics in your dashboard, and download the results as a file, including files laid out for importing into other platforms.

The Service is provided as software-as-a-service. We may change, suspend or discontinue any part of it, with reasonable notice where practicable.

2. Eligibility and accounts

The Service is for businesses and their authorised personnel. You must be able to enter into a binding agreement on behalf of your business, and you must be at least 16 years old.

Apps: you need a valid account on the platform through which you use the App. Website: you create an account with your email address and a password, or with your Google account, and confirm your email address. You are responsible for keeping your sign-in details safe and for what is done with your account. Tell us at once at contact@emailsignal.app if you think someone else has used it.

One person has one Website account. Opening several accounts to obtain the free credits more than once is a breach of these Terms, and we may withdraw the credits and close the accounts.

3. Acceptable use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You must not:

• process data in violation of applicable privacy, data protection or anti-spam law, including the GDPR, UK GDPR, CAN-SPAM, CASL or equivalent local rules;
• submit addresses that you have no legal right to process, in particular lists that were bought, rented, scraped or harvested;
• use the Service to send unsolicited mail, to harass anyone, or to find out whether a particular person has a mailbox in order to target them;
• attempt to reverse-engineer, decompile or derive the source code of the Service;
• resell, sublicense or give access to the Service to a third party, or resell the results as a data product;
• attempt to get around rate limits, free-credit limits, security controls or access restrictions, including by automated sign-ups;
• use the Service in a way that could damage, disable or impair our infrastructure or interfere with other users.

You alone are responsible for making sure that your collection and use of email addresses, including using the results in your marketing, complies with the laws that apply to your business and to the people on your lists. We may suspend an account that we reasonably believe breaks this section.

4. Data protection and your lists

Your use of the Service is subject to our Privacy Policy, which is part of these Terms. By using the Service you acknowledge that:

• you are the data controller of the personal data in the addresses and lists you submit, and we are your data processor: we process them on your behalf, only to provide the Service;
• you are responsible for having a lawful basis to share those addresses with us and for telling the people concerned how their data is used, including for verification, in your own privacy notices;
• a data processing agreement is available on request at contact@emailsignal.app.

Website: a file you upload is kept with all the columns it contains, so that the results can be given back in the same layout. Do not include personal data that you do not need for the check. A list and its results stay in your account until you delete the list, and everything still stored in the account is removed after you deactivate it (section 9).

5. Plans, credits and payment

Apps. Subscription fees, billing cycles and payment processing are handled exclusively by the platform through which you use the App (such as Shopify or Wix), under that platform's billing terms. By enabling a paid plan through the App you authorise that platform to charge you at the price shown when you subscribe. We are not a party to those payments and cannot resolve billing disputes: they go through the platform. Free-tier usage is subject to the limits stated in the App when you use it, and we may change them with reasonable notice.

Website. Every address that is checked uses one credit. Duplicates in a list, addresses that are not well-formed and addresses we could not check use none. The Website works with credits as follows:

• Free credits: when you confirm your email address you receive a one-time grant of free credits, once per person, in the amount shown on the Pricing page.
• Subscriptions: the Website sells monthly subscriptions in the plans shown on the Pricing page. A subscription renews every month until you cancel it, and each period adds the plan's credits to your balance.
• Credits do not expire while your account is active. Credits left at the end of a period carry over.
• Using more than your balance: with a paid subscription you may continue to verify after your balance reaches zero, up to the number of credits your plan includes each month. The extra verifications are billed at the plan's overage rate, shown on the Pricing page and in the plan's description at checkout, with your next renewal. Usage up to the end of the paid period is billed even if you cancel, and cancelling does not cancel what you have already used.
• Changing plan: a higher plan replaces your current one and takes effect immediately; a lower one is a switch that you can make at any time. Both are made from the Billing screen of your dashboard.
• Cancelling: you can cancel from the Billing screen. The subscription then ends at the end of the paid period, and you keep the use of your credits until then.
• Price changes: we will tell you at least 30 days before a change of price takes effect for your subscription.

Our merchant of record. Website subscriptions are sold to you by Creem (creem.io), our merchant of record and payment provider, under Creem's terms for the purchase. Creem takes your payment, calculates and collects the taxes that apply, and issues your invoices and receipts. We never see your card number. A payment you make to Creem is a payment to us for the Service for the purposes of these Terms.

Taxes: prices on the Website are shown before tax where tax applies; the tax is calculated at checkout.

6. Refunds

The same rules apply on the Website and in the Apps; the short version is on our Refund Policy page.

a) Verification is performed in real time, by third parties. When you submit email addresses, they are passed immediately to one or more third-party verification providers, who charge us for that work when it is done, whatever the result. Once an address has been verified, what we owe for it has been paid or has become payable, and we cannot recover it.

b) Completed verifications are not refundable. We cannot refund credits or fees for an address that has already been verified (one for which a result has been returned: deliverable, undeliverable, risky, unknown or otherwise), including when you are dissatisfied with the result. This reflects a real limit on what we can refund, not a policy chosen to avoid refunding.

c) Unused credits may be refunded. Where you have paid for credits and some of them have not been used at the time of a valid cancellation or refund request, we will refund the unused part of that charge, less any fees already incurred and subject to the billing mechanics of the platform or payment provider that took the payment.

d) Discretionary refunds. We may, at our sole discretion, refund even completed verifications where, for example, a verified technical error in the Service caused verifications to be duplicated or wasted without a usable result, you were charged in error or for an amount you did not authorise, or other circumstances that we judge, case by case, call for an exception. A refund in one case does not oblige us to give one in another and does not waive (b).

To ask for a refund, write to contact@emailsignal.app within 30 days of the charge, with enough detail (the account, the dates, a description of the problem, and for a list the job) for us to look into it. We may ask for supporting evidence and may refuse a request that does not meet these rules. A refund is paid back through the platform (Apps) or through Creem (Website), to the way you paid.

Nothing here limits any right you have by mandatory law as a consumer, including a right of withdrawal that cannot be waived.

7. Payment obligations and fraud prevention

Usage beyond what has been paid for (verifications on a paid plan beyond the balance, and Apps usage that the platform bills afterwards) is consumed before the corresponding payment is collected. By using the Service on a paid plan, or beyond the free limits, you accept that:

• your obligation to pay for what you use is owed directly to us and does not depend on whether the platform or Creem succeeds in collecting it; if a payment fails for any reason, including an invalid, expired, blocked or fraudulent payment method, the amount remains owed;
• the information you give when you set up your account must be accurate, and you must not use the Service through an account made with false details, an invalid payment method, or the intention of avoiding payment;
• use of that kind is fraud and a material breach of these Terms, and we may pursue all lawful remedies, including debt recovery, reporting to the authorities and blocking access across accounts that belong to the same person, company or payment method;
• if a payment fails and is not put right within 7 days of our notice, we may suspend or end your access without further notice; suspension does not end the obligation to pay;
• if we have to recover an unpaid amount, you bear the reasonable costs of doing so;
• we may refuse to open, or may end, an account that in our reasonable judgment carries a material risk of non-payment or fraud, including one with a history of failed payments.

8. Third-party services

The Service relies on third-party verification providers and infrastructure to do its work. We do not guarantee the accuracy, uptime or availability of those services, and we are not liable for errors, inaccuracies or failures that come from them. A verification may come back unknown, or a check may not be possible, when a provider cannot answer.

The platform you use the Apps through (such as Shopify or Wix) and our payment provider have their own terms, which apply to what they do for you.

9. Deactivating your account and what we keep

You can end your use of the Service at any time. Apps: uninstall the App from your platform's admin. Website: use "Deactivate my account" in Settings; we send you an email to confirm it.

When you deactivate a Website account, we cancel your subscription at the end of the period you have paid for (usage up to that date is still billed), end your sessions and refuse everything except signing in to reactivate the account. The lists, results and single checks stored in your account are removed from our storage 60 days after you deactivate, and cannot be recovered after that; if you reactivate before then, they are still there.

We do not delete the account itself: we keep your email address, the account and billing records (credits and subscriptions) for accounting, support and abuse prevention, as our Privacy Policy describes. You can ask us to erase more at contact@emailsignal.app. Apps: we delete or anonymise your store's data within 30 days of uninstallation.

We may suspend or end your access immediately in case of a material breach, a legal or regulatory requirement or a security threat, and otherwise with 7 days' notice. When your access ends, your right to use the Service ends with it. Sections 5, 6, 7, 10, 11, 12 and 14 survive termination.

10. No warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY LAW WE DISCLAIM ALL WARRANTIES, INCLUDING:

• ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT;
• THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF HARMFUL COMPONENTS;
• THAT RESULTS WILL BE 100% ACCURATE OR CURRENT;
• THAT USING THE SERVICE WILL ENSURE LEGAL COMPLIANCE OR IMPROVE DELIVERABILITY.

Email verification is probabilistic. Treat results, and the insights and summaries written about them, as information, not as the sole basis of a legal, compliance or business-critical decision.

11. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, GOODWILL OR BUSINESS OPPORTUNITIES, EVEN IF WE WERE ADVISED OF THE POSSIBILITY;
• OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE IS LIMITED TO THE GREATER OF (i) THE FEES YOU PAID FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM AND (ii) EUR 50;
• THESE LIMITS APPLY WHATEVER THE LEGAL THEORY, WHETHER IN CONTRACT, TORT, STATUTE OR OTHERWISE.

Some jurisdictions do not allow certain exclusions or limits. There, our liability is limited to the extent the law permits. Nothing in these Terms limits liability that cannot be limited by law.

12. Indemnification

You agree to indemnify, defend and hold harmless EmailSignal and its affiliates, officers, employees and agents against claims, liabilities, damages, losses and expenses (including reasonable legal fees) arising out of or in connection with:

• your use of the Service in violation of these Terms;
• your violation of any law or regulation, including privacy and data protection law, or the submission of addresses you had no right to process;
• your infringement of any third party's rights;
• fraudulent, deceptive or bad-faith conduct in connection with your use of the Service, including false account details or invalid payment methods;
• amounts you owe us that were not paid because a payment failed, with the costs of recovering them.

13. Changes to these Terms

We may revise these Terms. When we make a material change we update the "Last updated" date above and tell you in the dashboard or by email with reasonable advance notice. If you keep using the Service after the new Terms take effect, you accept them. If you do not agree, stop using the Service and deactivate or uninstall it.

14. Governing law and disputes

These Terms, and any dispute arising out of or related to them or the Service, are governed by the laws of the European Union and the laws of the jurisdiction where the operator of EmailSignal is established, without regard to conflict-of-law rules.

Before starting formal proceedings, you agree to contact us at contact@emailsignal.app and try to resolve the dispute in good faith. If it is not resolved within 30 days, either of us may pursue the remedies the law provides. Nothing in this section limits the rights you have as a consumer or small business under mandatory law where you live.

15. Severability, entire agreement and contact

If a provision of these Terms is invalid, illegal or unenforceable, it is changed to the smallest extent that makes it enforceable, or removed if that is not possible, and the rest stays in force.

These Terms, together with the Privacy Policy and the Refund Policy, are the entire agreement between you and EmailSignal about the Service and replace all earlier agreements about it.

Questions, concerns and legal notices: contact@emailsignal.app, or the contact page.