Terms of Service

1. Agreement & Acceptance

These Terms of Service (“Terms”) govern your access to and use of Cllavio’s platform and related services (the “Service”). By creating an account, clicking “I agree,” or using the Service, you agree to be bound by these Terms. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization; “you” and “your” include the organization.

2. Eligibility & Accounts

• You must be at least the age of majority in your jurisdiction to use the Service.
• You are responsible for maintaining the confidentiality of your credentials and for all activity under your account.
• You must provide accurate information and keep it up to date.
• We may refuse, suspend, or terminate accounts at our discretion for breach or risk-related reasons.

3. Subscriptions, Fees & Taxes

Access to certain features may require a paid subscription. Fees, billing cycles, overage charges (if any), and applicable taxes are described at checkout or within your admin settings. You authorize us and our payment providers to charge your payment method for the applicable amounts. Prices are subject to change; we will provide reasonable notice of material changes to your plan.

4. Trials, Refunds & Cancellations

• Trials (if offered) are for evaluation only and may be modified or ended at any time.
• Subscriptions renew automatically until cancelled. You can cancel from your account settings.
• Unless required by law or expressly stated, fees are non-refundable.

5. Acceptable Use & Anti-Spam

You agree not to misuse the Service. Prohibited uses include, without limitation:

• Sending unsolicited or bulk emails without valid consent, or violating anti-spam laws.
• Sending illegal, defamatory, infringing, deceptive, or harmful content.
• Phishing, malware, or attempts to bypass security or rate limits.
• Using false headers, sender identities, or misleading subject lines.
• Harvesting or purchasing recipient lists without verifiable consent.

You must include valid sender information, a physical address (where legally required), and a functional unsubscribe mechanism in marketing emails. You are solely responsible for your email content and recipient permissions.

6. Sending via SMTP or Email API

The Service enables you to send emails via your own SMTP infrastructure or through our Email API. You are responsible for configuring DNS, authentication (e.g., SPF, DKIM), and reputation management for domains you use. We may suspend sending for accounts that generate excessive bounces, complaints, or abuse signals, or that otherwise harm deliverability or system integrity.

7. Fair Use & Rate Limits

We may apply technical limits (e.g., message throughput, API calls, concurrent jobs) to protect platform quality. Exceeding limits may result in throttling, delays, or additional charges where applicable. We may adjust limits to maintain system stability.

8. Content & Intellectual Property

• Your Content. You retain ownership of the content you submit (“User Content”). You grant us a worldwide, non-exclusive, royalty-free license to host, process, transmit, and display User Content solely to provide and improve the Service.
• Our IP. The Service, software, and documentation are owned by us and our licensors. No rights are granted except as expressly set out in these Terms.
• Feedback. If you provide suggestions, you grant us a perpetual, irrevocable, royalty-free license to use them without restriction.

9. Third-Party Services & Integrations

You may choose to connect third-party services. Your use of those services is governed by their terms and policies. We are not responsible for third-party products and do not control their availability or security. We process integration data only to operate the features you enable.

10. Beta & Experimental Features

We may offer features identified as alpha, beta, preview, or experimental. Such features are provided “as is,” may change or end at any time, and may be subject to additional terms. You assume all risk for using pre-release functionality.

11. Privacy & Data Protection

Our Privacy Policy explains how we collect, use, and protect personal data. By using the Service, you agree to our data practices described there. To the extent required by law, you are responsible for providing any necessary notices to, and obtaining any necessary consents from, your end recipients and contacts.

12. Security

We implement safeguards appropriate to the risk, including encryption in transit and access controls. You are responsible for securing your credentials, endpoints, and configurations. Notify us promptly of any suspected compromise.

13. Availability, Maintenance & Support

We strive for high availability but do not guarantee uninterrupted Service. We may perform maintenance (scheduled or emergency) that can affect availability. Support channels and response targets are described in your plan or documentation.

14. Changes to the Service

We may modify or discontinue features to improve performance, security, or usability, or to comply with law. For material changes with significant impact, we will provide reasonable notice where feasible.

15. Term & Termination

• These Terms remain in effect while you use the Service.
• We may suspend or terminate access for breach, risk, non-payment, or legal reasons.
• Upon termination, your right to access the Service ceases. We may delete data after a retention period, except where law requires otherwise. You are responsible for exporting your data prior to termination where available.

16. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not warrant deliverability, response rates, or that the Service will meet your requirements or be error-free.

17. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL. OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO US FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

18. Indemnification

You will defend, indemnify, and hold harmless Cllavio and its affiliates, officers, directors, and employees from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from your use of the Service, your User Content, or your violation of these Terms or applicable law.

19. Governing Law & Dispute Resolution

These Terms are governed by the laws of your contracting entity’s jurisdiction, without regard to conflict-of-law rules. The exclusive venue for disputes shall be the courts located in that jurisdiction, unless applicable law requires otherwise. You and we waive any objection to jurisdiction and venue in those courts.

20. Export Controls & Sanctions

You represent that you are not subject to trade sanctions or restrictions and will not use the Service in violation of export control or sanctions laws. You are responsible for obtaining any required authorizations.

21. Force Majeure

We will not be liable for any delay or failure to perform due to events beyond our reasonable control, including acts of God, labor disputes, internet or utility failures, government actions, or pandemics.

22. Notices

We may provide notices by email, in-app messages, or by posting to the Service. You agree that electronic notices satisfy any legal communication requirements.

23. Changes to These Terms

We may update these Terms from time to time. Material changes will be posted here with an updated “Last updated” date. Your continued use of the Service after changes become effective constitutes acceptance of the revised Terms.

24. Contact Us

Questions about these Terms? Contact us at support@cllavio.com.