Terms of Service

1. Agreement to Terms

By accessing or using VibeMail (the "Service") operated by Boring Marketing, LLC ("Company," "we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you do not have permission to access the Service.

These Terms constitute a legally binding agreement between you and Boring Marketing, LLC regarding your use of the Service.

2. Description of Service

VibeMail is an AI-powered email marketing platform that provides:

• Automated email campaign creation and management
• AI-generated email content
• Email delivery infrastructure
• Analytics and tracking
• API access for developers
• Campaign templates and customization tools

3. Account Registration

To use certain features of the Service, you must:

• Create an account with accurate, current, and complete information
• Be at least 18 years old or the age of majority in your jurisdiction
• Have the legal authority to enter into these Terms
• Maintain the security of your account credentials
• Promptly notify us of any unauthorized access

You are responsible for all activities that occur under your account. We reserve the right to suspend or terminate accounts that violate these Terms.

4. Acceptable Use Policy

You agree NOT to:

• Send spam, unsolicited emails, or violate anti-spam laws (CAN-SPAM, GDPR)
• Upload or distribute viruses, malware, or harmful code
• Engage in phishing, fraud, or deceptive practices
• Violate intellectual property rights
• Harass, abuse, or harm others
• Send content that is illegal, offensive, or discriminatory
• Exceed rate limits or attempt to circumvent Service restrictions
• Reverse engineer or attempt to extract source code
• Use the Service for competitive analysis without permission
• Resell or redistribute the Service without authorization

Email Best Practices:

• Only send emails to recipients who have explicitly opted in
• Include unsubscribe links in all marketing emails
• Honor unsubscribe requests promptly
• Maintain accurate sender information
• Comply with all applicable email marketing laws

5. Pricing and Payment

Subscription Plans:

• Trial: 50 free emails to start
• Starter: $79/month for 5,000 emails
• Scale: Custom pricing for higher volumes

Billing Terms:

• Subscriptions renew automatically unless canceled
• Payment is processed through Stripe
• Prices may change with 30 days notice
• No refunds for partial months
• Overages charged at $0.10 per additional email
• Failed payments may result in service suspension

6. Intellectual Property

Our Property:

The Service, including its original content, features, and functionality, is owned by Boring Marketing, LLC and is protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

Your Content:

You retain ownership of content you create using the Service. By using the Service, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, and display your content solely for the purpose of operating and improving the Service.

AI-Generated Content:

Content generated by our AI features is provided under a license for your use. You are responsible for reviewing and ensuring AI-generated content meets your needs and complies with applicable laws.

7. Privacy and Data Protection

Your use of the Service is also governed by our Privacy Policy. By using the Service, you consent to our collection and use of information as detailed in the Privacy Policy. You are responsible for maintaining the confidentiality of your account information and for all activities under your account.

8. API Terms

If you use our API, you additionally agree to:

• Not exceed rate limits (100 requests per minute)
• Implement proper error handling
• Not use the API to create a competing service
• Keep API keys secure and confidential
• Accept that we may modify or deprecate API endpoints with notice

9. Disclaimers and Warranties

We specifically disclaim liability for:

• Email deliverability rates
• AI-generated content accuracy or appropriateness
• Third-party service interruptions
• Data loss or corruption
• Loss of profits or business opportunities

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BORING MARKETING, LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

Our total liability to you for any damages shall not exceed the amount you have paid us in the twelve (12) months preceding the claim.

11. Indemnification

You agree to indemnify, defend, and hold harmless Boring Marketing, LLC, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses, including reasonable attorney's fees, arising from your use of the Service or violation of these Terms.

12. Termination

We may terminate or suspend your account immediately, without prior notice, for:

• Violation of these Terms
• Violation of applicable laws
• Conduct harmful to other users or the Service
• Extended account inactivity
• Non-payment of fees

Upon termination, your right to use the Service will cease immediately. You may terminate your account at any time through your account settings.

13. Data Export and Deletion

You may export your data at any time through the Service. Upon account termination, we will retain your data for 30 days to allow for export, after which it will be permanently deleted unless retention is required by law.

14. Governing Law and Disputes

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

Any disputes arising from these Terms or the Service shall be resolved through binding arbitration in accordance with the American Arbitration Association's rules. The arbitration shall be conducted in Delaware, and judgment may be entered in any court of competent jurisdiction.

You waive any right to a jury trial and to participate in a class action lawsuit or class-wide arbitration.

15. Changes to Terms

We reserve the right to modify these Terms at any time. Material changes will be notified via email or through the Service with at least 30 days notice. Continued use of the Service after changes constitutes acceptance of the modified Terms.

16. Severability

If any provision of these Terms is held to be unenforceable or invalid, the remaining provisions will continue to be valid and enforceable to the fullest extent permitted by law.

17. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published by us on the Service, constitute the entire agreement between you and Boring Marketing, LLC concerning the use of the Service.

18. Contact Information