Terms of Service

1. Agreement to Terms

By accessing or using LocaleMailer's services, you agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with any of these terms, you are prohibited from using our services.

We reserve the right to update these terms at any time. Your continued use of the service after changes constitutes acceptance of the revised terms.

2. Description of Service

LocaleMailer is a multilingual email marketing platform that enables you to:

• Create and manage email subscriber lists
• Design, translate, and send marketing campaigns in multiple languages
• Track campaign performance and analytics
• Manage subscriber preferences and unsubscribes
• Use AI-powered writing assistance for campaign content

3. Account Registration and Security

To use our services, you must:

• Provide accurate, current, and complete registration information
• Maintain the security of your password and accept responsibility for all account activity
• Be at least 18 years of age
• Notify us immediately of any unauthorized use of your account

We reserve the right to suspend or terminate accounts that violate these terms.

4. Acceptable Use Policy

You agree not to use LocaleMailer to:

• Send spam or unsolicited bulk email
• Send emails without valid prior consent from recipients
• Distribute malware, viruses, or harmful code
• Send content that is illegal, abusive, defamatory, or obscene
• Impersonate any person or entity
• Violate any applicable laws or regulations
• Infringe on any intellectual property rights
• Attempt to gain unauthorized access to our systems or other users' accounts
• Resell or sublicense the platform without written consent

5. Email Compliance Requirements

You are solely responsible for ensuring your campaigns comply with all applicable email marketing laws in your jurisdiction and your recipients' jurisdictions. Key regulations include:

Major Regulations

• GDPR (EU/EEA): Explicit consent required; data subject rights; unsubscribe mechanism mandatory.
• CAN-SPAM Act (USA): Physical address required; clear unsubscribe; no deceptive headers.
• CASL (Canada): Express or implied consent required before sending.
• PECR (UK): Consent required for marketing emails post-Brexit.
• LGPD (Brazil): Data protection requirements similar to GDPR.
• Australia Spam Act: Consent, identification, and unsubscribe required.

Universal Best Practices

• Obtain clear, documented consent before sending marketing emails
• Include your physical business address in every email footer
• Provide a clear, functional one-click unsubscribe mechanism
• Honor unsubscribe requests within 10 business days (immediately is best practice)
• Use accurate sender names and subject lines

6. Subscription Plans and Billing

LocaleMailer offers paid subscription plans. By subscribing you agree that:

• Subscription fees are billed in advance on a monthly or annual basis
• All fees are non-refundable except as required by law or as stated in our refund policy
• We may change pricing with 30 days notice to your registered email address
• Failure to pay may result in suspension of your account
• Annual plans receive a discount and are billed upfront for the full year

Payments are processed securely by Stripe. We do not store your full payment card details.

7. Free Trial

Pro and Business plans include a 14-day free trial. No credit card is required to start a trial. At the end of the trial period, you must subscribe to a paid plan to continue using paid features. Trial accounts are subject to usage limits as described in our pricing page.

8. Data and Privacy

Your use of our services is governed by our Privacy Policy. By using our services, you acknowledge that:

• You own all subscriber data you upload to our platform
• You are responsible for obtaining proper consent from your subscribers
• We process your data only as necessary to provide our services
• You can export or delete your data at any time from your account settings

9. Intellectual Property

The LocaleMailer platform, brand, and all platform-generated content are owned by LocaleMailer and protected by intellectual property laws.

You retain full ownership of all content you create. By using our platform, you grant us a limited licence to process, store, and transmit your content solely to provide our services.

10. Service Availability

While we strive for high availability:

• We do not guarantee 100% uptime or uninterrupted service
• Scheduled maintenance may temporarily affect availability — we will provide advance notice where possible
• We are not liable for disruptions caused by third-party services (email delivery providers, payment processors, etc.)

11. Limitation of Liability

To the maximum extent permitted by applicable law, LocaleMailer shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Loss of profits, revenue, data, or business opportunities
• Damages resulting from your use or inability to use the service
• Unauthorized access to or alteration of your data

Our total aggregate liability for all claims shall not exceed the total fees you paid us in the 12 months prior to the claim.

12. Disclaimer of Warranties

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

13. Termination

• You may cancel your account at any time through your account settings
• We may suspend or terminate your account immediately for violation of these terms
• We may discontinue the service with 30 days notice
• Upon termination you may export your data. We will delete your data within 30 days unless legally required to retain it

14. Governing Law and Disputes

These Terms are governed by the laws of Spain, without regard to conflict of law provisions.

Any disputes shall first be attempted to be resolved through good-faith negotiation. If unresolved, disputes shall be submitted to binding arbitration in Spain, except where prohibited by law.

15. Changes to These Terms

We will notify you of material changes by email to your registered address and by updating the "Last Updated" date above. Changes take effect 14 days after notification. Your continued use of the service after that date constitutes acceptance.

16. Severability and Entire Agreement

If any provision of these Terms is found unenforceable, the remaining provisions continue in full force.

These Terms, together with our Privacy Policy, constitute the entire agreement between you and LocaleMailer.

17. Contact Information

For questions about these Terms: