Terms of Service

These Terms of Service ("Terms") govern your access to and use of Straight to Inbox ("Service"), operated by Straight to Inbox, Inc. ("Company", "we", "us"). By creating an account or using the Service, you agree to these Terms, our Acceptable Use Policy, and our Privacy Policy.

1. Eligibility & Account Terms

You must be at least 18 years old to use the Service. By agreeing to these Terms, you represent that:

• You are of legal age in your jurisdiction to form a binding contract.
• You will provide accurate, current, and complete account information.
• You are responsible for maintaining the security of your account credentials.
• You will notify us immediately of any unauthorized access to your account.
• One person or legal entity may not maintain more than one free account.

2. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with our Acceptable Use Policy, which is incorporated into these Terms by reference. The Acceptable Use Policy details prohibited content, prohibited sending practices, restricted industries, sending reputation requirements, and enforcement procedures.

In addition, you must not:

• Attempt to reverse-engineer, decompile, or extract source code from the Service.
• Interfere with or disrupt the integrity or performance of the Service.
• Resell or sublicense the Service without express written consent.

We reserve the right to suspend or terminate accounts that violate these provisions or the Acceptable Use Policy without notice.

3. Subscriber Data & CAN-SPAM / GDPR Compliance

You are solely responsible for the legality, quality, and consent basis of your subscriber lists. You warrant that:

• All contacts have given valid consent to receive emails from you.
• You maintain records of consent where required by law.
• You honor unsubscribe requests promptly and within legally required timeframes.
• Your emails include a valid physical mailing address and functional unsubscribe mechanism.

4. Billing & Payment

Paid plans are billed in advance on a monthly or annual basis. By providing payment information, you authorize us to charge your payment method for all fees due.

• Free plan: available with limited features up to 500 subscribers. No credit card required.
• Paid plans: charged at the beginning of each billing period. Overages for subscriber count or send volume may result in automatic plan upgrades.
• Price changes: we will provide 30 days' notice before changing paid plan pricing.
• Taxes: prices are exclusive of applicable taxes. You are responsible for any VAT, GST, or similar taxes.
• Failed payments: we may suspend your account if payment fails and is not resolved within 7 days.

5. Cancellation & Refunds

You may cancel your subscription at any time from your account settings. Cancellation takes effect at the end of the current billing period — you retain access until then.

We do not provide refunds for partial billing periods. Exceptions may be made at our sole discretion in cases of documented billing errors.

Upon cancellation, your data is retained for 30 days before permanent deletion. You may export your data at any time before this window closes.

6. Data Protection & GDPR

Processing Roles

When you use the Service to send emails to your subscribers, you are the data controller and we are the data processor under the General Data Protection Regulation (GDPR) and equivalent data protection laws. You determine the purposes and means of processing your subscriber data. We process it solely to provide the Service to you.

Data Processing Agreement

A Data Processing Agreement (DPA) is available to all customers. You may request a signed copy by emailing [email protected]. The DPA is incorporated into these Terms by reference and governs how we process personal data on your behalf.

Regional Data Residency

Straight to Inbox uses regional database sharding to ensure subscriber data stays in the region you select during organization setup:

• Europe (EU) — subscriber data stored and processed exclusively within EU/EEA infrastructure. No subscriber data leaves the European Economic Area.
• United States (US) — subscriber data stored and processed within US infrastructure.
• Asia Pacific (AP) — subscriber data stored and processed within Asia Pacific infrastructure.

Your data region is selected at organization creation and cannot be changed afterward. Central account data (your login credentials, billing information, and organization settings) is stored separately from subscriber data.

Your Responsibilities as Controller

As the data controller, you are responsible for:

• Establishing a lawful basis for collecting and processing subscriber personal data.
• Providing appropriate privacy notices to your subscribers.
• Responding to data subject access requests from your subscribers.
• Erasing subscriber data when required — we will not erase subscriber data on your behalf unless you instruct us to via the platform or our API.
• Erasing team member data when a member leaves your organization.

Sensitive Personal Data

We strongly advise you not to use the Service for the collection or processing of sensitive personal data (also known as special category data under GDPR), including data revealing racial or ethnic origin, political opinions, religious beliefs, genetic data, biometric data, health data, or data concerning a person's sex life or sexual orientation. Email is not a secure medium for transmitting sensitive personal data.

Sub-processors

We use carefully selected third-party sub-processors for email delivery, payment processing, DNS management, infrastructure hosting, and asset storage. We ensure appropriate contractual safeguards are in place with all sub-processors. We will notify you of material changes to our sub-processors via email at least 30 days before the change takes effect.

7. Account Inactivity & Data Deletion

If your account has no active subscription for 180 consecutive days, we will mark it for deletion. You will receive email reminders at 90, 60, 30, 7, and 2 days before deletion. A banner will also be displayed in the application showing the exact deletion date.

Upon deletion, the following data is permanently removed: all campaigns, subscriber lists, automations, templates, email templates, funnels, analytics data, sending configurations, and uploaded assets. Once deleted, this data cannot be recovered.

You may prevent deletion at any time during the 90-day grace period by resubscribing to any paid plan. You may also export your data before the deletion date.

8. Third-Party Services

The Service may integrate with or rely on third-party services (email delivery providers, payment processors, DNS providers). Your use of those services is subject to their respective terms and policies. We are not responsible for the availability, accuracy, or practices of third-party services.

Components or libraries included in the Service may be subject to separate open-source licenses. Those licenses are available within the applicable source code repositories.

9. Intellectual Property

The Service, including its design, code, trademarks, and content, is owned by Straight to Inbox, Inc. and protected by intellectual property laws. You retain ownership of all content you upload or create using the Service.

By using the Service, you grant us a limited, non-exclusive license to process your content solely for the purpose of providing the Service to you.

10. Service Availability & Modifications

We aim to maintain high availability but do not guarantee uninterrupted access. We reserve the right to modify, suspend, or discontinue any part of the Service with reasonable notice. We are not liable for any downtime, data loss, or service interruption.

11. Disclaimer of Warranties

The Service is provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

We do not warrant that the Service will meet your specific requirements, be error-free, or that email deliverability rates will meet any particular threshold.

12. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Straight to Inbox, Inc. be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or goodwill, arising from your use of or inability to use the Service.

Our total liability to you for any claims arising under these Terms shall not exceed the greater of (a) the amount you paid us in the 12 months preceding the claim, or (b) $100 USD.

13. Indemnification

You agree to indemnify and hold harmless Straight to Inbox, Inc. and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from your use of the Service, your content, or your violation of these Terms.

14. Governing Law & Dispute Resolution

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law principles. Any disputes shall be resolved through binding arbitration in accordance with the American Arbitration Association's rules, except that either party may seek injunctive relief in a court of competent jurisdiction.

15. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes via email or a prominent notice in the application at least 15 days before the changes take effect. Continued use of the Service after the effective date constitutes your acceptance of the revised Terms.

16. Contact

Questions about these Terms? Contact us at [email protected].