Terms of Service

1. Agreement to Terms

These Terms of Service (“Terms”) constitute a legally binding agreement between you and Top Software, Inc. (“TopMail,” “we,” “us,” or “our”). By accessing or using the TopMail platform and services (the “Service”), you agree to be bound by these Terms. If you do not agree, do not use the Service.

2. Description of Service

TopMail is an email marketing platform that allows you to create, manage, and send email campaigns and automations to your subscribers. The Service includes email template editing, contact management, campaign analytics, integrations with third-party platforms, and related features.

3. Account Registration

To use the Service, you must create an account and provide accurate, complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use.

4. Acceptable Use Policy

You agree to use the Service only for lawful purposes and in compliance with all applicable laws, including but not limited to:

4.1 Anti-Spam Compliance

• You must comply with CAN-SPAM, CASL, GDPR, and all other applicable email laws
• You must only send emails to recipients who have given proper consent (opt-in)
• All emails must include a functioning unsubscribe mechanism
• All emails must include your valid physical mailing address
• You must honor unsubscribe requests within 10 business days
• You must not use misleading subject lines or deceptive header information

4.2 Prohibited Content

You may not use the Service to send emails that contain or promote:

• Phishing, fraud, or deceptive practices
• Malware, viruses, or other harmful code
• Illegal products or services
• Content that infringes on intellectual property rights
• Harassment, threats, or hate speech
• Unsolicited bulk email (spam)

4.3 List Requirements

• You must not use purchased, rented, or scraped email lists
• You must have a pre-existing relationship or verifiable consent for all recipients
• You must regularly clean your lists to remove invalid addresses and unengaged subscribers

5. Sending Limits & Reputation

We reserve the right to limit, throttle, or suspend your sending privileges if your campaigns generate excessive bounces, spam complaints, or violate our Acceptable Use Policy. Maintaining a healthy sending reputation is a shared responsibility — high bounce rates or complaint rates may result in account suspension.

6. Your Content & Data

You retain ownership of all content you create and data you upload to the Service (including email templates, contact lists, and campaign content). By using the Service, you grant us a limited license to process, store, and transmit your content solely as necessary to provide the Service.

You represent and warrant that you have all necessary rights and permissions to use and send the content you provide, and that your use of the Service does not violate any third-party rights.

7. Third-Party Integrations

The Service allows you to connect third-party platforms (e.g., Shopify, HubSpot, Salesforce, Google Calendar). You are responsible for providing your own OAuth application credentials where required. We are not responsible for the availability, accuracy, or policies of third-party services. Your use of integrations is subject to the respective third party's terms.

8. Payment & Billing

Paid plans are billed in advance on a monthly or annual basis. All fees are non-refundable except as required by law. We reserve the right to change pricing with 30 days' notice. If payment fails, we may suspend access to the Service until payment is resolved.

9. Termination

You may cancel your account at any time. We may suspend or terminate your account if you violate these Terms, including our Acceptable Use Policy. Upon termination, we will delete your data within 30 days, except where retention is required by law. We may terminate or suspend accounts immediately and without notice for severe violations (e.g., sending spam, phishing).

10. Disclaimer of Warranties

The Service is provided “as is” and “as available” without warranties of any kind, whether express or implied. We do not guarantee that the Service will be uninterrupted, error-free, or free of harmful components. We do not warrant any specific email delivery rates or inbox placement.

11. Limitation of Liability

To the maximum extent permitted by law, Top Software, Inc. shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of revenue, data, or business opportunities. Our total liability for any claim arising from or related to the Service shall not exceed the amount you paid us in the twelve (12) months preceding the claim.

12. Indemnification

You agree to indemnify and hold harmless Top Software, Inc., its officers, directors, and employees from any claims, damages, or expenses arising from your use of the Service, your violation of these Terms, or your violation of any applicable law (including anti-spam laws).

13. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms on this page and updating the “Last updated” date. Your continued use of the Service after changes constitutes acceptance of the updated Terms.

14. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Delaware, without regard to conflict of law principles. Any disputes arising from these Terms or the Service shall be resolved in the state or federal courts located in Delaware.

15. Contact Us

If you have questions about these Terms, contact us at support@topmail.so.

Top Software, Inc.