These Terms of Service (the “Terms”) is a legally binding agreement that governs individual user’s (the “user”, “you” and “your”’) access and use of the website https://emailable.com (the “Website”) and the products and services provided through the Website and all its subdomains (collectively, “Emailable”). By accessing and using Emailable, you agree to be legally bound by these Terms. If you do not agree with one or more provisions of the Terms, you are not allowed to use Emailable.
Ownership. Emailable is owned and operated by EMAILABLE LLC, a limited liability company registered in the United States and headquartered at 44 Bethpage Road, Suite 1, Hicksville, NY 11801, United States (the “Company”, “we”, “us”, and “our”).
About Emailable. The primary service provided through Emailable is email verification. We also offer an application programming interface to connect Emailable with other websites, servers or applications (the “API”). Emailable’s email verification service may be used for opt-in subscribers only. Emailable will verify the email addresses as you provide them. Emailable will not make any alterations or modifications to your data.
Minors. Emailable is not marketed and should not be used by persons under the age of 18. If the user is not of age of majority and/or cannot form a binding contract, such a user is not allowed to use Emailable.
Disclaimer. All information provided on Emailable is for general information purposes only; it does not constitute technical or expert advice. Although we regularly monitor Emailable, we cannot guarantee the accuracy, reliability, currency, relevance, and completeness of the information available on Emailable.
License to use Emailable. We grant you a personal, revocable, non-exclusive, non-transferable and limited license to use Emailable pursuant to these Terms. This license does not include any resale of Emailable or any content made available on Emailable.
Other relevant terms. Other documents that (i) include important provisions regarding your access and use of Emailable, (ii) are incorporated by reference to these Terms, and (iii) should be read and interpreted together with the Terms are:
- Emailable data processing agreement available at https://emailable.com/data-processing-agreement; and
- Emailable anti-spam policy available at https://emailable.com/anti-spam-policy.
By using Emailable, you warrant that you meet the below-listed eligibility requirements. We reserve the right to suspend or delete any user accounts for any reason disclosed or undisclosed, and to change these eligibility requirements at any time.
- You must be at least 18 years of age to use Emailable.
- You must be able to conclude legally binding contracts.
- You must comply with all local, state, national, and foreign laws, treaties, and regulations.
- You must provide true and complete personal data and billing details.
- You must be authorised by the relevant parties to accept these Terms.
- You must agree to the Terms and abide by them.
- You must not use Emailable for verifying purchased/rented email lists, or email lists collected from the Internet.
- You must not use Emailable for verifying made up/scraped email addresses.
- You must not use any other email verification service.
- You must not create multiple user accounts.
- You must be responsible for providing and maintaining, at your own risk, option and expense, any hardware, software and communication lines required to access and use Emailable.
Security, Accounts, and Passwords
Security of the Account. You are responsible for maintaining the security of your account and the API key assigned to you. It is up to you as the account owner to keep your password and API key confidential. You agree to contact us immediately if you suspect a breach of security regarding your Account. We cannot and will not be liable for any loss or damage resulting from your failure to comply with these security obligations.
Your responsibility. You are fully responsible for all activities that occur under your Account and API key, any other actions taken in connection with your Account and the API key, or by that Account or API key.
Deactivation of the Account. At any time, you may delete your Account through the settings of your Account or by sending a request directly to us. Upon deactivation of the Account, these Terms shall terminate.
Suspension and termination of the Account. We reserve the right to suspend or terminate your Account if, at our sole discretion, we have grounds to believe that you have breached these Terms or we receive a lawful request of a public authority.
Non-payment and inactivity. Any Account that has an outstanding amount to pay may be suspended 30 days after the amount was due by. If your Account is suspended, creating another Account will automatically result in suspension whether or not you have made a payment on any of the Accounts. Any Account which shows no activity for more than 12 months may be considered inactive. If an Account is considered inactive, the Account may be deleted and all data associated with that Account may be permanently erased. Any Account that has been suspended or deleted may lose all unused bulk or monthly credits. If your Account is suspended or deleted, or if Emailable is terminated you will not be eligible for a refund for any payments made in the past, regardless of the number of bulk or monthly credits left on your Account.
Payments and Credits
The Fees. For email verification, you can pay with credits purchased on the Website (the “Credits”). The Credits are subject to the applicable fees (the “Fees”). The Fees and payment terms related thereto are made available on the Website or communicated to you personally. The Fees are indicated in United States dollars (USD) and include all applicable taxes. By purchasing the Credits, you agree to pay the Fees in accordance with these Terms and the terms and conditions in force at the moment you conclude the payment transaction. The Fees remain valid for as long as they are indicated on the Website. The Fees are subject to change without prior notice.
Free trial. We offer a free account with 250 free Credits available to try our email verification tool. We encourage you to use these free Credits to try Emailable before purchasing bulk or monthly credits.
Payment. Payments for bulk or monthly Credits must be made upfront and they are not refundable. 1 email verification requires 1 Credit. You may purchase any number of bulk Credits at any time. Bulk Credits never expire. You can pay for bulk Credits through the Website by a credit card or PayPal. In some cases, we offer the opportunity to pay via a wire transfer (please contact us for more information).
Payment processing. All payments related to Emailable are processed by our third-party payment processors Stripe and PayPal (collectively, the “Payment Processors”). The Payment Processors are solely responsible for handling your payments. You agree not to hold us liable for payments that do not reach us because you have quoted incorrect payment information or the Payment Processors refused the payment for any other reason. The Payment Processors handle all the steps in the payment process through their systems, including data collection and data processing. We do not have access to your payment data. For the payment service agreements and policies applicable to your payments, please visit https://stripe.com or https://www.paypal.com.
Refunds. To strive to ensure that you are satisfied with your use of Emailable. Thus, we issue refunds, at our sole discretion, if any of the following occurs:
- You accidentally purchase the Credits;
- A charge is made by mistake;
- The services are provided with an unacceptable level of care and skill; or
- The services are not delivered within the agreed time.
To request a refund, please contact us at firstname.lastname@example.org and provide sufficient details about the issue. We will investigate your complaint within a commercially reasonable time but no later than 14 calendar days and inform you about the outcome of your complaint and the refund that you are entitled to. We reserve the right to issue partial refunds.
Your Content. When you use Emailable, you may submit various content, such as text messages, links, and files (collectively, “Your Content”). Please note that some of Your Content may become available to other users of Emailable (e.g., your comments on our blog posts). By uploading Your Content to Emailable, you grant us unrestricted, sub-licensable, royalty-free, perpetual, irrevocable rights to use, distribute, advertise, adapt, remix, modify, publicly display, publicly perform, excerpt, prepare derivative works of, and reproduce Your Content for the purposes of providing you with our services and carrying our legitimate business interests. By submitting Your Content:
- You agree not to make any sensitive information publicly available to other users of Emailable, including making publicly available personal data of persons who have not provided you with their prior authorisation or consent to share that personal data;
- You agree to comply with these Terms and all applicable laws, including intellectual property rights of others;
- You understand that your Content includes your personal views and recommendations. None of Your Content reflects our views, recommendations, endorsement, or any commitments related thereto;
- You understand and agree that, in order to ensure the security of Emailable, we may, but have no obligation to, monitor or review Your Content. We reserve the right, at our sole discretion, to refuse to upload, modify, delete, or remove Your Content, in whole or in part, that violates these Terms or may harm the reputation of Emailable. However, you remain solely responsible for Your Content.
Emailable’s Content. Most of the content made available on Emailable, excluding Your Content, is owned by the Company, its partners, agents, licensors, vendors, and/or other content providers (“Emailable’s Content”). Emailable’s Content includes, but is not limited to, text, images, audiovisual content, source code, trademarks, service marks and trade names. Emailable’s Content is protected by applicable intellectual property laws and international treaties. You are not allowed, without obtaining prior written authorisation from us, to:
- Copy, distribute, and make available Emailable’sContent to third parties;
- Disassemble, make alterations, decompile, reverse engineer, translate, and adapt Emailable’s Content;
- Distribute, rent, loan, use, lease or attempt to grant other rights to Emailable’s Content to third parties; and
- Use any manual or automated means to scrape any content available on Emailable.
Third-party intellectual property. Some of the intellectual property assets, such as Your Content and trademarks, featured on Emailable may be owned by the users and other third parties. Such third-party intellectual property does not belong to us and it remains the sole property of the respective third-party proprietors.
Copyright infringement claims. We respect intellectual property rights. If you have any grounds to believe that any content made available on Emailable violates your or third party’s intellectual property rights, please contact us and express your concerns or request to remove the allegedly infringing content (our contact details are available at the end of the Terms). We will reply to the copyright infringement claim as soon as possible but no later than 2 weeks. Before sending your claim to us, please make sure that you SIGN it and include the following information:
- Identification with sufficient detail of the copyrighted work that you believe has been infringed;
- Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material;
- Your contact details allowing us to respond to your claim;
- The following statement: “I have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law”; and
- The following statement: “I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the copyright owner or am authorised to act on behalf of the owner of an exclusive right that is allegedly infringed”.
Disclaimer of Warranties
Emailable is provided “as is” and “as available”. Neither the Company, nor its owners, employees, contractors, suppliers, and licensors, make any warranty that Emailable will meet your requirements, be error-free, accurate, reliable, compatible, timely or fast enough or that access thereto will be continuous and uninterrupted.
You understand that you use Emailable and utilise the API, or otherwise obtain content or services through Emailable and API at your own discretion and risk.
Emailable does not warrant that the information on Emailable or the information or advice provided by our team is complete, accurate, non-misleading or true.
It is your sole responsibility to verify and assess the fit for the purpose of Emailable prior to using it and to decide whether or not Emailable fits for the intended use.
By using Emailable, you acknowledge that we may use third-party suppliers to provide software, hardware, storage, networking, and other technological services. The acts and omissions of third-party suppliers may be outside of our reasonable control. To the maximum extent permitted by law, we exclude any liability for any loss or damage resulting from the acts and omissions of such third-party suppliers.
Nothing in these Terms shall affect any statutory rights that you are entitled to as a consumer and that you cannot contractually agree to alter or waive.
Limitation of Liability
You agree to accept full responsibility for any loss resulting from the use of Emailable, including, but not limited to, the services, tools, downloads, and pieces of advice. You agree to use Emailable and follow pieces of advice at your own risk. We do not take responsibility for any delays, downtime, errors, inconsistent or inaccurate results.
In no event will the Company, nor its owners, employees, contractors, suppliers and licensors, be liable with respect to any subject matter of these Terms under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed US$100.00.
You are not permitted to use Emailable in any manner that substitutes or contributes to the following activities (the list is representative and not exhaustive):
- Any unlawful activity, including violation of any laws, statutes, ordinances, or regulations;
- Provision of false, inaccurate, or misleading information;
- Dissemination of information about the acts, including pranks and challenges, that may result in injuries and physical harm;
- Posting of Your Content that depicts or incites others to commit acts of violence;
- Provision of Your Content that depicts children or may cause emotional distress to children;
- Gambling, including contests, lotteries, games of chance, bidding fee auctions, sports forecasting or odds making, Internet gaming, fantasy sports leagues with cash prizes, and sweepstakes;
- Spreading of malware (e.g., viruses, worms, Trojan horses), spam, and other illegal messaging;
- Spreading ethnically, racially, or otherwise objectionable information;
- Sexually explicit, libellous, harassing, defamatory, abusive, profane, vulgar, threatening, hateful, obscene behaviour and terrorism-related content;
- Advertising or encouraging the use of tobacco, alcohol, and any illegal substances;
- Copying, distributing, renting, reselling, modifying, compromising, damaging, disabling, impairing, and overburdening Emailable;
- Interfering with or abusing other users of Emailable;
- Using bots, scripts, and other automated methods; and
- Collecting and disclosing any information about other users of Emailable.
Reporting inappropriate content. If you think that some of the content available on Emailable is inappropriate, infringes these Terms, applicable laws, or your right to privacy, please contact us immediately at email@example.com. If any content or user is reported as inappropriate, we will immediately delete the content from Emailable and investigate the conduct of the reported user.
Changes to the Terms. We reserve the right, at our sole discretion, to modify or replace any part of these Terms with a prior notice to you (if we hold your email address). We encourage you to regularly review the Terms for changes. Any changes made to the Terms or any documents referred to herein go into effect immediately and your continued use of or access to Emailable and the API following the posting of any changes.
Changes to Emailable. We reserve the right to change, suspend or remove (temporarily or permanently) Emailable or to change or terminate any services provided through Emailable without notice, and you confirm that the Company, nor its owners shall not be liable to you for any such change or removal, and you also confirm that you are not eligible for refund under any circumstances for any payments made in the past, regardless of the number of bulk or monthly credits left on your Account.
Enforceability. The failure of the Company to enforce any provision of these Terms shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.
Severability. In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by the applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. The validity and enforceability of the remaining provisions shall not be affected as a result.
Indemnification. You agree to indemnify, defend and hold the Company, its subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including attorneys’ fees, made by any third party due to or arising out of your breach of these Terms, your use of Emailable, or your violation of any law or the rights of a third party.
Availability. We put reasonable efforts to ensure that Emailable is always accessible to you. However, the availability of Emailable may be affected by factors, which we cannot reasonably control, such as bandwidth problems, equipment failure, acts and omissions of our third-party service providers, or force majeure events. We take no responsibility for the unavailability of Emailable caused by such factors.
Term and termination. The Terms enter into force on the date indicated at the top of the Terms and remain in force until updated or terminated by us or until you stop using Emailable.
Termination of services. We reserve the right, at our sole discretion:
- To refuse to verify any emails that, in our opinion, violate these Terms or are in any way harmful or objectionable; or
- To terminate or deny access to and use of Emailable and the API to any individual or entity for any reason; or
- To terminate any or all of the services provided through Emailable without notice. In case of such termination, you are not eligible for any refund for any unused bulk or monthly credits.
Governing law. The Terms shall be governed by and construed in accordance with the law of the State of Florida, United States.
Jurisdiction. You agree to resolve any disputes arising out of or relating to these Terms by means of negotiation with the Company. If the dispute cannot be resolved by means of negotiation, the dispute shall be submitted to the exclusive jurisdiction of the courts in the State of Florida, United States. This provision does not affect any statutory rights that you are entitled to as a consumer.
Breach of the Terms. If we believe, in our sole discretion, that you violate these Terms and it is appropriate, necessary or desirable to do so, we may:
- Send the user a formal warning;
- Temporary suspend your Account;
- Delete your Account;
- Temporarily or permanently prohibit your use of Emailable;
- Report you to the relevant public authorities; or
- Commence a legal action against you.
Merger or acquisition. In the event the Company, during the term of these Terms, is acquired, merged, or sells all or substantially all of its assets, these Terms shall not automatically be terminated and the Company agrees to use its best efforts to ensure that the transferee or surviving company shall assume and be bound by the provisions of these Terms.
Entire agreement. These Terms, together with the documents referred to therein, represent the entire agreement between you and us regarding your relationship with us and govern your use of Emailable.
Any of your questions and notices regarding these Terms should be sent to us by using the following contact details:
Email address: firstname.lastname@example.org
Postal address: EMAILABLE LLC, 44 Bethpage Road, Suite 1, Hicksville, NY 11801, United States
Company registration number: EIN 85-4358960