NewslettersNewslettersThese Terms of Service ("Terms") govern your access to and use of Atomic Newsletters (the "Service"), an email marketing platform operated by Atomic Interactive ("we", "us", or "our"). By creating an account or using the Service, you agree to these Terms. If you are using the Service on behalf of an organization, you represent that you are authorized to accept these Terms on its behalf.
The Service lets you create, send, and track email newsletters to contacts you provide, send from your own authenticated sending domain, and manage subscribers and campaigns. Email is delivered through Amazon Simple Email Service (SES). We may add, change, or remove features over time.
You must provide accurate account and billing information and keep it current. You are responsible for activity that occurs under your account and for keeping your password secure. You must be at least 18 years old to use the Service.
You may only send email to recipients who have given you permission to contact them. You agree not to use the Service to:
You are solely responsible for your contact lists, your content, and your compliance with all laws that apply to your email.
To protect the deliverability and reputation of the shared sending infrastructure, we monitor bounce and complaint rates and may pause or throttle your sending, require you to clean your lists, or apply sending caps. Trial accounts may have lower sending limits. We may suspend sending immediately if your activity threatens the Service or other customers.
Paid plans are billed as a recurring monthly subscription through our payment processor, Authorize.Net. If you start a free trial, you will not be charged until the trial ends, and you may cancel before then to avoid charges. By subscribing you authorize us to charge your payment method on a recurring basis until you cancel. Fees are non-refundable except where required by law. We may change our prices with advance notice; changes apply to your next billing cycle. If a payment fails, we may retry the charge and may suspend the Service until payment is resolved.
You may cancel your subscription at any time from your account. Cancellation stops future charges; it does not refund the current billing period, and your access continues until the end of the period you have paid for.
You retain all rights to the content you create and the contact data you upload. You grant us a limited license to host, process, and transmit that content and data solely to provide the Service. You are the controller of your subscribers' personal data and we act as your processor; our handling of personal data is described in our Privacy Policy.
We may suspend or terminate your account if you violate these Terms, if your use poses a risk to the Service or others, or as required by law. You may stop using the Service and close your account at any time. Sections that by their nature should survive termination will survive.
The Service is provided "as is" and "as available" without warranties of any kind, whether express or implied, including fitness for a particular purpose and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or that every message will be delivered, as deliverability depends on factors outside our control, including receiving mail servers and your own list quality and reputation.
To the maximum extent permitted by law, Atomic Interactive will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenues, data, or goodwill. Our total liability for any claim arising out of or relating to the Service will not exceed the amount you paid us for the Service in the twelve months before the event giving rise to the claim.
You agree to indemnify and hold harmless Atomic Interactive from any claims, damages, and expenses arising out of your content, your contact lists, your use of the Service, or your violation of these Terms or applicable law.
We may update these Terms from time to time. If we make material changes we will provide notice, for example by email or within the Service. Your continued use after changes take effect means you accept the updated Terms.
These Terms are governed by the laws of the State of Ohio, USA, without regard to its conflict-of-laws rules. The exclusive venue for any dispute will be the state or federal courts located there.
Questions about these Terms can be sent to hello@atomicinteractive.com.
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