Terms of Service
Last Updated: December 2nd, 2024
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 are using Emailable on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms. If you do not agree with one or more provisions of the Terms, you are not allowed to use Emailable.
General Information
Ownership: Emailable is owned and operated by EMAILABLE LLC, a limited liability company registered in the United States and headquartered at 400 Rella Blvd, Montebello, NY 10901, United States (the “Company”, “we”, “us”, and “our”). All rights not expressly granted to users in these Terms are reserved by EMAILABLE LLC.
About Emailable: The primary service provided through Emailable is email deliverability solutions. We also offer an application programming interface to connect Emailable with other websites, servers or applications (the “API”). You agree to use Emailable only for lawful purposes and in compliance with all applicable laws and regulations. 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. You confirm that you are at least 18 years of age, or the age of majority in your jurisdiction, whichever is higher. 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. We endeavor to ensure accuracy and relevance, but you acknowledge and agree that use of Emailable is at your own discretion and risk. Although we regularly monitor Emailable, we cannot guarantee the accuracy, reliability, currency, relevance, and completeness of the information available on Emailable. You agree to independently assess any information obtained through Emailable and its suitability for your purposes.
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 grants no ownership rights to you and is provided solely to allow you to use Emailable as permitted by these Terms. This license does not include any resale of Emailable or any content made available on Emailable. Any unauthorized use of Emailable, including any resale, reproduction, or redistribution of content, shall constitute a material breach of these Terms and may result in the suspension or termination of your account.
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 Privacy Policy available at https://emailable.com/privacy-policy;
- Emailable Cookie Policy available at https://emailable.com/cookie-policy;
- Emailable Data Processing Agreement available at https://emailable.com/data-processing-agreement; and
- Emailable Abuse Policy available at https://emailable.com/abuse.
- Emailable Anti-Spam Policy available at https://emailable.com/anti-spam-policy.
Eligibility requirements
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 or the age of majority in your jurisdiction, whichever is higher, to use Emailable.
- You must be able to conclude legally binding contracts, representing yourself or the entity you act on behalf of.
- You must comply with all local, state, national, and foreign laws, treaties, and regulations.
- You must provide true, accurate, and complete personal and billing information and promptly update it as necessary.You must be authorized 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 email lists that you do not have explicit permission to use, including but not limited to purchased/rented email lists or email lists collected from the Internet.
- 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.
- You must not use Emailable to process any sensitive personal data (such as health information, social security numbers, or financial information) that could subject Emailable to additional compliance obligations.
- You must not use Emailable in any way that could harm Emailable’s systems or infrastructure, including but not limited to excessive data requests, disruptive activities, or attempts to interfere with the services provided.
- You must not use Emailable to send or validate any form of unsolicited communication, including but not limited to unsolicited marketing, spam, or phishing emails.
- You agree that Emailable may limit, suspend, or terminate access to services if you fail to meet any eligibility requirements or violate these Terms.
- You acknowledge that use of Emailable services may be subject to applicable export and import laws and regulations, and you agree not to use, export, or re-export Emailable in violation of such laws.
Security, Accounts, and Passwords
Registration of the Account: In order to access and use the full functionality of Emailable, you are required to create a user account (the “Account”) on the Website and undergo a verification process. Before creating the Account, you will be requested to read and accept these Terms and review our privacy policy. You are only allowed to have one Account. If we are under the impression that you have created multiple Accounts, we reserve the right to suspend any or all of them. We may request additional information to verify your identity or account information at any time.
Security of the Account: You are responsible for maintaining the security of your account and the API key assigned to you. This includes using a strong password and regularly updating it. 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. Emailable reserves the right to monitor accounts for suspicious activity, and to take preventative action if a security risk is detected. 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, including any unauthorized access or activity unless you have promptly notified us of suspected account compromise. This includes any actions taken in connection with your Account and 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. Emailable reserves the right to retain certain data as required by applicable laws or regulations following account deactivation.
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. In the event of such suspension or termination, Emailable may provide notice to you and retain your account data for a period as determined by applicable law or internal policy.
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. We reserve the right to impose late fees and other penalties for outstanding balances as permitted by law. 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. You acknowledge that any credits or pre-paid services are forfeited if an account is terminated for non-payment or inactivity. 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. Emailable reserves the right to modify Fees at any time, and these changes will take effect upon posting on the Website or direct notification.
Free trial: We offer a free account with 250 free Credits available to try our email verification tool. The free Credits are subject to these Terms, and we reserve the right to modify or discontinue the free trial offer at our discretion. 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. Emailable does not assume liability for fees charged by your payment provider. 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 support@emailable.com and provide sufficient details about the issue. Refund requests must be submitted within 30 days of the transaction. 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.
Verification failure: In the event we are unable to verify an email address, we will return the result: “unknown”. The Credits deducted for unknown emails are automatically returned to your Account for later use. Unknown results are subject to limitations in reporting, and the user is responsible for assessing the suitability of unknown results for their purposes. The number or the level of unknown results does not qualify for a refund of payments under any circumstances.
Intellectual Property
Your Content: When you use Emailable, you may submit various content, such as text messages, links, and files (collectively, “Your Content”). By submitting Your Content to Emailable, you affirm that you have all necessary rights and permissions to submit it and to grant the rights detailed below. 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. You agree that Emailable is not liable for any unauthorized access to or use of Your Content by third parties. 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. Use of any third-party intellectual property without permission is prohibited and may subject you to legal action by the third-party owner.
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 authorized 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 authorized to act on behalf of the owner of an exclusive right that is allegedly infringed”.
Compliance and Audit
Emailable is committed to operating in compliance with applicable laws and industry standards to support the needs of our customers, including in situations involving due diligence, audits, or assessments by third parties. We take reasonable measures to ensure the security, reliability, and accuracy of our services to align with expected customer commitments and industry best practices.
Emailable endeavors to meet agreed-upon service standards and security practices that may be relevant in customer due diligence reviews and audits. However, Emailable’s performance commitments are limited to those expressly set forth in these Terms or any other written agreement with you. Any additional requirements, standards, or commitments outside of these Terms must be mutually agreed upon in writing to be binding.
In the event that an audit or due diligence inquiry requires Emailable’s involvement, you agree to provide Emailable with advance written notice. Emailable will reasonably cooperate with such inquiries, provided that (i) they do not disrupt Emailable’s operations, (ii) no confidential or proprietary information is disclosed without appropriate safeguards, and (iii) you bear all costs related to such audits.
Emailable disclaims any liability for information, data, or outcomes obtained through an audit or due diligence review by third parties. Any findings, reports, or assessments by auditors are solely for the benefit of the auditing party and shall not constitute representations, warranties, or guarantees by Emailable to other customers or third parties.
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. We make no representations or warranties of any kind, whether express, implied, statutory, or otherwise, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
You understand that you use Emailable and utilize the API, or otherwise obtain content or services through Emailable and API at your own discretion and risk. Emailable disclaims any responsibility for ensuring that the services provided meet specific business or regulatory compliance requirements for your industry.
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. We do not guarantee that any data processed through Emailable will produce any specific results, including increased deliverability, accuracy, or success in email campaigns. Our guarantee includes specific deliverability rates for email addresses under certain conditions. For detailed information on our guarantee and the conditions that apply, please visit: https://emailable.com/guarantee/.
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. You agree to independently assess any output or results from Emailable before relying on it for critical or commercial decisions.
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. Emailable shall not be responsible for any interruptions, delays, or other issues caused by these suppliers, including but not limited to outages, data loss, or unauthorized access arising from third-party acts or omissions. 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
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO ASSUME FULL RESPONSIBILITY FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR USE OF EMAILABLE, INCLUDING BUT NOT LIMITED TO ANY SERVICES, TOOLS, DATA, OR ADVICE PROVIDED THROUGH THE PLATFORM. YOU ACKNOWLEDGE AND AGREE THAT USE OF EMAILABLE IS AT YOUR OWN DISCRETION AND RISK, AND THAT EMAILABLE DOES NOT GUARANTEE ANY PARTICULAR OUTCOME, ACCURACY, OR SUITABILITY OF RESULTS.
IN NO EVENT SHALL THE COMPANY, ITS OWNERS, EMPLOYEES, CONTRACTORS, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE EMAILABLE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY LAW, EMAILABLE’S TOTAL CUMULATIVE LIABILITY FOR ANY CLAIMS, LIABILITIES, DAMAGES, LOSSES, OR COSTS ARISING UNDER OR IN CONNECTION WITH THESE TERMS OR THE USE OF EMAILABLE SHALL NOT EXCEED THE GREATER OF (I) THE TOTAL AMOUNT YOU PAID TO EMAILABLE IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY OR (II) ONE HUNDRED U.S. DOLLARS (US$100.00). THIS LIMITATION APPLIES TO ALL CLAIMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY.
Emailable shall not be liable for any delay, failure, or damages resulting from acts or omissions of third parties, including but not limited to service providers, internet providers, data hosting services, or external suppliers. You acknowledge that third-party providers are outside of Emailable’s reasonable control and that Emailable is not responsible for any loss or damage caused by third-party interruptions, security breaches, or any other actions or inactions of such providers.
Emailable shall not be liable for any errors, omissions, inaccuracies, delays, or failures in the information or data processed, provided, or obtained through the service. You acknowledge and agree that it is your responsibility to review, verify, and assess the data output and any advice or recommendations for suitability and accuracy before relying on them.
Emailable shall not be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including, without limitation, acts of God, natural disasters, governmental actions, war, civil disturbances, labor shortages, or disruptions in internet connectivity or telecommunications.
Some jurisdictions do not allow the limitation of certain liabilities, so certain limitations above may not apply to you. If any portion of this Limitation of Liability clause is found to be unenforceable, the remaining portions will remain in full force and effect. Nothing in these Terms excludes or limits any liability that cannot be legally excluded or limited under applicable law.
Indemnification
To the maximum extent permitted by law, you agree to indemnify, defend, and hold harmless Emailable LLC, its owners, directors, officers, employees, contractors, agents, licensors, suppliers, affiliates, and successors (collectively, the “Indemnified Parties”) from and against any and all claims, liabilities, damages, losses, expenses, and costs (including reasonable attorneys’ fees and court costs) arising out of or in connection with:
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Your Use of Emailable: Any use of Emailable, including but not limited to any actions or content you post, upload, or otherwise transmit through the platform, that infringes upon, misappropriates, or violates the rights of any person or entity or violates applicable laws or regulations;
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Violation of Terms: Your breach or alleged breach of these Terms, including any warranties, representations, or obligations contained herein;
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Third-Party Claims: Any claims brought by a third party related to your use of Emailable, including claims related to data processed, content posted, or transactions conducted through the platform;
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Infringement and Data Violations: Any alleged or actual infringement or misappropriation of any intellectual property or other proprietary rights by you or any violation of data protection, privacy, or confidentiality rights arising out of your use of Emailable;
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Misuse of Services: Any use of Emailable in violation of any applicable laws, regulations, or the rights of any third party, including unauthorized or prohibited uses of Emailable’s tools or data.
Emailable reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with Emailable’s defense of such claims. You shall not, in any event, settle any claim without the prior written consent of Emailable.
Emailable will provide you with prompt written notice of any claim for which indemnification is sought under this section, provided that any delay in providing such notice shall not relieve you of your indemnification obligations except to the extent that the delay materially prejudices your ability to defend the claim.
The obligations set forth in this indemnification section shall survive any termination or expiration of these Terms and remain in full force and effect.
Prohibited Use
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;
- Fraud;
- 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 false, inaccurate, or misleading information to Emailable or other users;
- Dissemination of information about acts, including pranks and challenges, that may result in injury or physical harm;
- 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, libelous, harassing, defamatory, abusive, profane, vulgar, threatening, hateful, obscene behavior 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.
- Circumventing or attempting to circumvent any security measures implemented by Emailable, including accessing or using non-public areas of the service without authorization.
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 support@emailable.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
Changes to the Terms: We reserve the right, at our sole discretion, to modify or replace any part of these Terms at any time. If we hold your email address, we will endeavor to provide notice of material changes; however, it is your responsibility to review these Terms regularly. 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.
Miscellaneous
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.
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 disclaim all liability for any loss or damage resulting from the unavailability of Emailable for any reason beyond our reasonable control.
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. You agree that Emailable may terminate or suspend your access at any time, with or without cause or notice, and without liability.
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.
Privacy and Data Protection
Your privacy and the protection of your data are important to us. By using Emailable, you agree to the terms of our Privacy Policy and Data Processing Agreement (DPA), both of which are incorporated by reference into these Terms. These documents govern how we collect, use, store, and process your personal data and that of any individuals whose information you submit through Emailable.
Emailable’s Privacy Policy outlines our practices regarding the collection, use, and sharing of personal information. The Privacy Policy is available here: https://emailable.com/privacy-policy/, and by using Emailable, you acknowledge that you have read and understand its terms. We may update the Privacy Policy from time to time, and continued use of the service after such updates constitutes acceptance of the changes.
If you are subject to data protection laws, including but not limited to the GDPR or CCPA, our Data Processing Agreement governs the processing of personal data that you submit to Emailable. The DPA, available here: https://emailable.com/data-processing-agreement/, outlines our obligations and your responsibilities when we act as a data processor on your behalf. In cases where the DPA applies, it will prevail over any conflicting terms in these Terms of Service regarding data protection.
By using Emailable, you represent that you have obtained all necessary consents from individuals whose data you provide to Emailable. You are responsible for complying with all applicable data protection laws related to your use of Emailable, including ensuring that any data submitted is lawfully obtained and processed.
Emailable is committed to implementing appropriate technical and organizational measures to safeguard personal data in line with industry standards. For any questions related to data handling, privacy practices, or exercising your data subject rights, please refer to our Privacy Policy or contact us at [support\@emailable.com].
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 previous agreements, representations, or understandings, oral or written, relating to the subject matter are superseded by these Terms, except for any signed amendments made by both parties, which shall remain in effect.
Contact us
Any of your questions and notices regarding these Terms should be sent to us by using the following contact details:
Email address: support@emailable.com
Postal address: EMAILABLE LLC, 400 Rella Blvd, Montebello, NY 10901, United States
Company registration number: EIN 85-4358960