Terms of Service

These Terms of Service ("Terms") are a binding agreement between EventRaptor ("UseSES", "we", "us") and the business that creates a UseSES workspace or uses the UseSES service ("Customer", "you"). By checking the box to accept these Terms, creating a workspace, connecting a HighLevel location or using the Service, you agree to them on behalf of that business.

Please read sections 13 to 16 carefully. They limit our liability, require you to indemnify us, and set how disputes are resolved, including a waiver of jury trials and class actions.

1. Business use only

The Service is for businesses only. By accepting these Terms you confirm that you are acting for a business, trade or profession and not as a consumer, and that the person accepting has authority to bind the business. You may not use the Service if you are barred from doing so under the laws of the United States or any other applicable country, including sanctions and export laws.

2. Definitions

• Service means the UseSES software and services, including the customer app, the delivery middleware that sends email through Amazon Simple Email Service, reply routing, suppression handling, reporting, alerts and any related support.
• Workspace means your account in the Service, including every user you invite to it.
• Location means a HighLevel sub-account (location) you connect to the Service.
• Customer Content means the email messages, attachments, contact and recipient data, replies and other data that you, your users or your Locations send, receive or store through the Service.
• Third-Party Services means services we don't control that the Service relies on or connects to, including Amazon Web Services ("AWS"), HighLevel and LeadConnector ("HighLevel"), Cloudflare, Stripe, mailbox and inbox providers, domain registrars and DNS providers.
• Acceptable Use Policy means our Acceptable Use Policy, which forms part of these Terms.

3. What the Service does, and your role

The Service lets HighLevel send the email you create in HighLevel through Amazon SES, reports delivery results back to HighLevel, and routes replies into HighLevel conversations. To do this you authorize us, as your agent, to access your connected Locations through HighLevel's authorization, to receive the email HighLevel hands to the Service, to send it on your behalf, and to receive, process and store replies, bounces, complaints and unsubscribes for you.

You are the sender of every message sent through your Workspace, and the person who initiates it, for all legal purposes, including the U.S. CAN-SPAM Act and similar laws elsewhere. You decide who receives each message and what it says. We don't write, choose, review or approve your messages or your recipients, and we act only as a conduit that transmits them at your direction.

4. Accounts, users and agencies

You are responsible for everything done through your Workspace, whether or not you authorized it, for keeping sign-in details and connected accounts secure, and for the users you invite and the roles you give them. Tell us promptly at our support address if you suspect unauthorized access.

If you are an agency, you are responsible for every Location you connect, including Locations that belong to your clients. You confirm that you have your clients' authority to connect their Locations and send email for them, and you must make sure each client follows terms at least as protective of us as these Terms and the Acceptable Use Policy. Your clients have no rights against us under these Terms.

5. Your obligations

You must:

• follow the Acceptable Use Policy, including sending only to people who have given you permission to email them;
• comply with every law that applies to your email, your contacts and your business, including anti-spam, privacy, data protection, consumer protection and marketing laws such as the CAN-SPAM Act, the Telephone Consumer Protection Act where relevant, Canada's Anti-Spam Legislation, the EU and UK General Data Protection Regulation and the EU and UK privacy and electronic communications rules;
• comply with the terms of the Third-Party Services that apply to your use, including the AWS Acceptable Use Policy and the AWS Service Terms for Amazon SES as they apply to your email, and your agreement with HighLevel. A breach of those terms in connection with the Service is a breach of these Terms;
• own or control the sending domains you use, and keep their DNS records (including SPF, DKIM, DMARC, MX and return-path records) correct. You are responsible for the effects of any change to your domains, DNS or HighLevel settings, and for renewing your domains;
• give us accurate information, and keep your billing, contact and company details up to date; and
• not try to get around the Service's limits, sending protection, suppression lists or security, or reverse engineer, resell, sublicense or frame the Service except as these Terms allow.

6. Sending protection, suspension and limits

Because email reputation is shared across the Service and its Third-Party Services, we protect it actively. We may, at any time and without liability, automatically or manually slow, hold, limit or pause sending for any Location, domain or Workspace, and we may hold messages until limits allow them to be sent, including when:

• bounce, complaint, spam-trap or blocklist signals exceed the levels we set, which we may change at any time;
• a Location is new or warming up, or its volume changes sharply;
• AWS, HighLevel or a mailbox provider warns, limits, pauses or suspends sending, or we reasonably believe it may;
• we reasonably believe you have breached these Terms or the Acceptable Use Policy, or that your use creates legal, security, reputational or financial risk for us, our providers or other customers; or
• payment is overdue.

We will try to tell you when we do this, but we may act first where we reasonably think it's needed. Slowing, holding, limiting or pausing sending is not an outage or a breach of these Terms, and fees for messages already accepted remain payable. Held messages may be delayed and, if they can't be sent within a reasonable time, may not be sent at all.

7. Third-Party Services

The Service depends on Third-Party Services that we don't control. We are not responsible for their availability, performance, security, pricing, policies or decisions, including any decision to filter, delay, reject, block, suspend or stop accepting email, to change or withdraw an interface, or to end our access. If a Third-Party Service changes or stops providing something the Service relies on, we may change or stop the affected feature without liability. UseSES is independent and is not affiliated with, endorsed by or sponsored by AWS or HighLevel.

8. Replies, suppressions and held messages

Replies to your email may be routed into your HighLevel conversations for a limited period after each message is sent. We may hold a reply instead of delivering it when it can't be matched safely, fails security checks or is otherwise unsuitable. You may choose to review held replies in the Service, have a notice sent, or have them forwarded to an address you confirm. You are responsible for the forwarding address being correct, able to receive mail and entitled to see the reply. We may discard held replies after the review period shown in the Service, and we never forward replies that fail spam, virus or authentication checks.

We keep lists of addresses that must not be emailed because they bounced, complained, unsubscribed or were added by you, and the Service won't send to them. You must not try to get around these lists, and you remain responsible for honoring opt-outs you receive in any other way.

9. Fees, billing and taxes

You will pay the fees for the Service at the prices shown on our pricing page and in the Service when the fees are incurred, including any setup fee, the per-1,000 rate for each recipient Amazon SES accepts for delivery, the monthly minimum and fees for dedicated IP addresses or other add-ons you choose. A message counts when Amazon SES accepts it for a recipient, whether or not it is later delivered, opened, filtered or bounced.

We bill monthly in arrears through Stripe, and you authorize us to charge your payment method on file for all fees when due. If a payment fails we may retry it, and after a grace period we may pause sending until the account is paid. Overdue amounts may bear interest at the lesser of 1.5% per month or the highest rate the law allows, and you will reimburse our reasonable costs of collection.

Fees don't include taxes. You are responsible for all sales, use, value added, goods and services, withholding and similar taxes, except taxes on our net income. Fees are non-refundable except where the law requires otherwise. We may change prices by giving you at least 30 days' notice. The new prices apply from your next billing period after the notice ends.

10. Your data and privacy

As between you and us, you own Customer Content. You grant us a worldwide, non-exclusive, royalty-free license to host, copy, transmit, process and display Customer Content as needed to provide, secure, support and improve the Service, to comply with law and to enforce these Terms. You confirm that you have every right, consent and notice needed for us to do so.

For personal data in Customer Content, you are the controller (or the processor acting for your client) and we are your processor. Where data protection law requires a data processing agreement, our data processing terms apply and form part of these Terms. We use sub-processors, including AWS, HighLevel, Cloudflare and Stripe, to provide the Service. We keep Customer Content only for the limited periods described in the Service and our documentation, except that suppression records and records we must keep by law may be kept longer.

We use reasonable technical and organizational measures to protect Customer Content, but no system is completely secure and we don't guarantee that Customer Content will never be accessed, lost or corrupted. You are responsible for keeping your own copies of anything you need. We may use data about how the Service is used, in aggregated or de-identified form that doesn't identify you or any person, to operate and improve the Service.

11. Confidentiality

Each of us will use the other's non-public information disclosed under these Terms only to perform or use the Service and will protect it with reasonable care. This doesn't apply to information that is or becomes public through no fault of the recipient, was already known to it, is independently developed, or is received from someone free to share it. Either of us may disclose information when the law requires, giving notice where the law allows.

12. Our intellectual property and feedback

We and our licensors own the Service and everything in it other than Customer Content. Subject to these Terms and payment of fees, we grant you a limited, non-exclusive, non-transferable, revocable right to use the Service for your internal business purposes while these Terms are in effect. You may give us feedback, and we may use it without restriction or payment.

13. Disclaimers

The Service is provided "as is" and "as available". To the fullest extent the law allows, we disclaim all warranties, conditions and representations, express, implied or statutory, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy and quiet enjoyment, and any warranty arising from course of dealing or usage of trade.

We don't promise that the Service will be uninterrupted, timely, secure or error-free, that any message will be delivered, delivered on time, placed in the inbox or opened, that any address or domain will avoid filtering or blocklisting, that any reply will be routed, or that delivery reports, statistics or alerts will be complete or accurate. Guidance, thresholds, warnings and dashboards in the Service are tools, not legal advice, and don't make your email compliant. There is no service level agreement unless we sign one with you.

14. Limitation of liability

To the fullest extent the law allows:

1. Neither we nor our affiliates, officers, employees, agents, suppliers or licensors will be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, business, opportunity, goodwill, reputation, data or use, or for the cost of substitute services, however caused and on any theory of liability, even if we were told they were possible.
2. We will not be liable for any loss arising from Customer Content, from messages that are not sent, delivered or received, from sending protection or any suspension under section 6, from Third-Party Services, or from your domains, DNS, HighLevel account or systems.
3. Our total liability for all claims arising out of or relating to these Terms or the Service, in total, will not exceed the greater of (a) the fees you actually paid us for the Service in the three months immediately before the event giving rise to the claim, and (b) one hundred US dollars (US$100).

These limits apply even if a remedy fails of its essential purpose, and they reflect the allocation of risk on which our prices are based. They don't limit your obligations to pay fees or to indemnify us, and they don't limit any liability that the law doesn't allow to be limited, such as liability for fraud or willful misconduct.

15. Your indemnity

You will defend, indemnify and hold harmless us, our affiliates and our and their officers, directors, employees, agents, suppliers and licensors from and against all claims, demands, investigations, proceedings, fines, penalties, damages, losses, costs and expenses, including reasonable legal fees, arising out of or relating to: (a) Customer Content or any message sent, received or held through your Workspace; (b) your or your users' use of the Service, including use by your clients' Locations; (c) your breach of these Terms, the Acceptable Use Policy or any Third-Party Service terms; (d) your violation of any law, including anti-spam, consent, privacy and data protection laws; (e) any claim that you lacked consent or a lawful basis to contact a recipient; or (f) your domains, DNS, HighLevel account or systems. We may take part in the defense with counsel of our choice at our own cost, and you may not settle any claim that imposes an obligation on us without our written consent.

16. Governing law and disputes

These Terms and any dispute arising out of or relating to them or the Service are governed by the laws of the State of Delaware, United States, without regard to conflict of laws rules. The United Nations Convention on Contracts for the International Sale of Goods doesn't apply. The parties submit to the exclusive jurisdiction of the state and federal courts located in Delaware, except that we may seek injunctive relief or collect unpaid fees in any court with jurisdiction.

Each party waives any right to a jury trial. Disputes will be brought only on an individual basis, and not as a plaintiff or class member in any purported class, collective, consolidated or representative proceeding.

Any claim against us must be brought within one year after it arises, or it is permanently barred, unless the law requires a longer period. Before starting any proceeding, you agree to contact us and try to resolve the dispute informally for at least 30 days.

17. Term, termination and your data after termination

These Terms apply from when you accept them until your Workspace is closed. You may stop using the Service and close your Workspace at any time. We may end these Terms or close your Workspace for convenience with 30 days' notice, or immediately if you breach these Terms or the Acceptable Use Policy, if your payment is overdue, if a Third-Party Service requires it, or if we reasonably believe your use creates legal, security or reputational risk.

When these Terms end, your right to use the Service stops, all unpaid fees become due immediately, and we will stop sending for your Locations. For 14 days afterwards you may ask us to export the data the Service makes available for export. After that we may delete Customer Content, except records we must or may keep by law or that protect recipients, such as suppression records. Sections 3, 5, and 9 to 20 survive termination, together with any provision that by its nature should survive.

18. Changes to the Service and these Terms

We may change the Service at any time. We may change these Terms by posting a new version with a new date. For material changes we will give you at least 30 days' notice by email or in the Service before they apply, unless the change is required by law or by a Third-Party Service sooner. If you don't agree, you may close your Workspace before the change applies. Continuing to use the Service after that means you accept the new version.

19. Events beyond our control

We are not liable for any delay or failure caused by events beyond our reasonable control, including failures or decisions of Third-Party Services, internet, DNS or power failures, cyberattacks, denial of service attacks, labor disputes, epidemics, war, terrorism, government action, natural disasters or changes in law.

20. General

These Terms, the Acceptable Use Policy, any data processing terms and any order you accept in the Service are the entire agreement between us about the Service and replace any earlier agreement or understanding. If there is a conflict, these Terms control unless another document expressly says otherwise. You may not assign or transfer these Terms without our written consent. We may assign them without consent, including to an affiliate, to a successor on a merger, sale or reorganization, or to a successor entity if we move our business to another country. If any provision is held unenforceable, it will be enforced to the maximum extent possible and the rest remain in effect. A failure to enforce a provision isn't a waiver. We are independent contractors, and nothing in these Terms creates a partnership, franchise, joint venture or employment relationship. We may send notices to the email address on your Workspace, and you may send notices to the address below. Headings are for convenience only, and "including" means "including without limitation".

21. Contact

EventRaptor, 251 Little Falls Dr, Wilmington, Delaware 19808, United States.