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Terms of service

Effective date: October 6, 2026

Pending update (draft of October 10, 2026).Section 9 has been revised to cover de-identified performance data and shared learning. This change is not in effect yet. We will give at least 30 days’ notice by email before it takes effect, as section 13 provides.

Pending update (draft of October 11, 2026).A new section 15 (Lead data) has been added, and sections 5, 9, 11 and 12 have been revised, to cover contact and company records that we make available through the Service, including calling and texting. These changes are not in effect yet. The same 30 days’ notice by email applies before they take effect, as section 13 provides.

These terms are the agreement between you and EmailPal (“EmailPal”, “we”, “us”) governing your use of the EmailPal platform, website, REST API and MCP server (together, the “Service”). By creating an account or using the Service you agree to these terms, to the acceptable use policy, which is part of this agreement, and to the processing of data described in the privacy policy. If you are accepting on behalf of a company, you represent that you have authority to bind it, and “you” means that company.

Three things about this agreement are unusual enough to say up front rather than bury. First, the Service manages sending reputation automatically: it will throttle, pause, and adjust your sending without asking you first, and accepting that behaviour is a condition of using it (section 7). Second, every message relayed through our infrastructure carries a working one-click unsubscribe, and addresses that unsubscribe or complain are suppressed platform-wide permanently (section 8). Third, leased pre-warmed inboxes are reused: the address you lease may have been someone else’s before you, and will be someone else’s after you, with all mail destroyed in between (section 3). If any of those is unacceptable to you, this is not the right service.

1. Eligibility and account verification

The Service is business infrastructure. You must be at least 18 years old and using the Service for business purposes, not as a consumer. We verify every account by hand before it is permitted to send, and we may ask about your business, your messaging, and the provenance of your recipient lists as part of that verification. We may refuse, limit or revoke sending permission at our discretion, including for categories of business we choose not to serve; the current list of declined categories is in the acceptable use policy.

You are responsible for everything done through your account and your API keys. Keep your password, your sign-in email account and your API keys secure, and tell us immediately at support@emailpal.io if you believe either has been compromised. Actions taken through your API keys or the MCP server — including actions taken by AI assistants or other software you have connected — are your actions.

2. The Service

EmailPal provides cold-email sending infrastructure: domain registration and management, DNS configuration (SPF, DKIM, DMARC, MX), mailbox provisioning and hosting, mailbox warming, IP pool management, inbox placement measurement, a unified inbox, and access to all of it through a dashboard, REST API and MCP server. You connect your own sequencing or outreach tooling to send through the mailboxes.

We may change, add or retire features of the Service. If a change materially reduces the core functionality you pay for, you may terminate under section 12 and receive a pro-rata refund of prepaid subscription fees for the unused period.

3. Domains

Domains you purchase

Domains purchased through the Service are registered through our registrar and managed by us — DNS, mail routing and authentication records — while your account is active. While a domain is under our management, you must not modify its DNS outside the Service in ways that break mail authentication; if you need custom records, add them through the Service.

Domain registrations are purchased from prepaid balance and are non-refundable once registered, because a registration cannot be undone. Renewal is automatic while your account is active: about 30 days before a domain expires we charge the renewal to your domain balance, at the registrar’s renewal price plus the same platform fee as a purchase, and we email you if the balance is short.

If your balance does not cover a renewal, we may renew the domain on your behalf so that it does not lapse. We are not obliged to, and we do not renew a domain for an account closed for breach or for a domain that is no longer fit to send from. When we do, the renewal amount stays owed from your domain balance: your next top-up settles it before anything else, and until it is settled you cannot register more domains. We will email you as the renewal approaches and again once it has been renewed. A domain that lapses because we did not or could not renew it is not our liability.

Purchased domains you stop paying for

If your account closes and you do not settle what is owed on a purchased domain, including any renewal we advanced for you, within the 30-day export window in section 12, we stop renewing it on your behalf and the registration is due to lapse. At that point we may, entirely at our option, pay the renewal ourselves and keep the registration rather than let the name expire. If we do, any renewal we advanced is written off: you have no further claim to the domain, and we may hold, re-park, re-warm or resell it as inventory.

Two things follow from that, and both are deliberate. We are never obliged to keep a domain alive for you, so do not treat this as a safety net. And once we have renewed it at our own cost, buying it back is a purchase at the then-current price like any other, not a restoration. Anything you had on the domain — mailboxes, mail, DNS records, tracking — is destroyed before it is reused, and none of it is recoverable afterwards.

Inventory you lease

Pre-warmed inboxes, and any domain or mailbox identified as leased inventory, remain the property of EmailPal. You are paying for exclusive use, warming and measurement while the lease is active. Leased assets are not transferable, revert to us when the lease or your account ends, and may be reassigned after a quarantine period. Sending history and reputation attached to leased assets is not a thing you own or can take with you.

Pre-warmed inbox leases have no minimum term. A lease is billed monthly from the day you claim the address and you can release it at any time. Releasing stops future charges.

Addresses are reused

When a lease ends, the address itself — hello@example.com, not merely the domain — goes back into our pool and is later leased to somebody else. This is central to how the product works: the warming history that you paid for is attached to that specific address, and it would be destroyed by issuing a fresh one. Two consequences you should understand before claiming a pre-warmed inbox:

  • Your mail does not travel with the address. When we reclaim it we destroy the mailbox on the mail server and delete the stored messages, credentials, sender name and signature. The next lessee receives an empty inbox with new credentials. Export anything you need within the window in section 12, because after that it is gone.
  • Mail your contacts send later may reach someone else.Anyone still writing to an address you have given up is writing to an address we may have re-leased. We discard non-warming mail to a reclaimed address for a quarantine period before it is offered to anyone, which covers threads that are still live at handover, but we cannot guarantee that a reply sent long afterwards will not arrive in a stranger’s inbox. Do not use a leased address for correspondence you would not want a later lessee to receive, and do not publish it as a permanent contact address.

Inventory that has been used before

Some of our aged-domain inventory and some pre-warmed addresses were previously leased to, or purchased by, another customer and came back to us. We do not conceal this. Inventory with a previous tenant is labelled as such wherever it is offered and on the domain itself after you claim it, and it is discounted against equivalent first-hand inventory.

Nothing is re-listed automatically. A reclaimed asset is held, re-warmed and re-measured through a quarantine period, and is offered again only if its measured health score holds at or above 94out of 100 for a sustained window — the same bar our own inventory clears. Assets carrying a blocklisting, a spam-trap hit, or any history of abuse enforcement are retired rather than resold, at any price. The health figures we show you are measurements of that asset’s own recent behaviour and, like every other placement figure here, are not a guarantee of future deliverability (section 11).

4. Fees and billing

  • Subscriptions are billed monthly or yearly at the plan prices published on our site. Billing periods for metered usage are calendar months.
  • Metered charges— mailbox overage, warming, dedicated IPs, pre-warmed inbox leases — are computed from our own usage records and itemised on every invoice. We will explain any line on request. Mailbox overage is capped at a multiple of your plan’s allowance; past that cap the account is blocked from adding more rather than billed further, and the answer is a larger plan.
  • Domain balance is prepaid, is spent on registrations and renewals, and is non-refundable except where the law requires otherwise. Unspent balance is returned if we terminate your account without cause.
  • Affiliate commissions are 25% of the subscription payments of accounts you refer, excluding domain purchases, balance top-ups and tax. They are held for 30 days, reduced or removed if the underlying payment is refunded or disputed, and paid manually once they reach $25. We may withhold commissions we reasonably believe come from self-referral or abuse.
  • Price changestake effect at your next renewal, with at least 30 days’ notice by email. Continuing past the renewal is acceptance.
  • Late or failed payment. A failed charge puts the account past due and we notify you. If it is still unpaid 7 days later, sending is suspended automatically — mailboxes stop relaying and warming stops — and the account is closed if it remains unpaid after that. Suspension is reversible: settling the balance restores sending. What happens to your assets after closure is in section 12. You are responsible for applicable taxes other than taxes on our income.
  • Balance on a closed account. Unspent domain balance is returned only where section 4 or section 12 says so — that is, when we terminate without cause. Balance on an account closed for non-payment or for breach is forfeited, because the renewals and warming it was reserved against were carried in the meantime.
  • Refunds. Except as expressly stated in these terms, fees are non-refundable. Termination for your breach of these terms or the acceptable use policy forfeits prepaid fees for the current period.

5. You are the sender

You, not EmailPal, are the sender of every message you transmit through the Service, and the controller of every recipient list you use, including any Lead Data record (section 15) once you export it, save it to a list or send to it. You are solely responsible for compliance with all laws that apply to your messaging, including without limitation CAN-SPAM (US), GDPR and the ePrivacy Directive (EU), PECR (UK), CASL (Canada), and the Spam Act 2003 (Australia), in each case as they apply to the recipients you contact. You represent and warrant that:

  • you have a lawful basis to contact every address on every list you use with the Service;
  • your lists, whatever their source, were obtained lawfully and comply with the list rules in the acceptable use policy, and you are solely responsible for their accuracy, quality and legality;
  • the identity you present in your messages — sender name, company, postal address — is accurate and is yours to use; and
  • you will honour every opt-out, immediately and permanently.

We provide tooling that helps with compliance — list verification, suppression, unsubscribe handling — but tooling is not legal advice, passing our verification gate is not a representation that your list is lawful, and nothing in the Service relieves you of responsibility for your own sending. That includes sending to Lead Data: the fact that a record is in our lead table is not a representation that you may lawfully contact the person.

6. Acceptable use

The acceptable use policy is part of this agreement and describes what may and may not be sent through the Service, how recipient lists must be sourced, and how enforcement works. Violating it is a material breach of these terms.

7. Automatic reputation management

The Service exists to protect the deliverability of shared infrastructure, and it does so by acting on evidence without waiting for permission. By using the Service you acknowledge and agree that the platform will, automatically and without prior notice:

  • throttle, delay or pause sending from any mailbox, domain, IP or account;
  • adjust or restart warming schedules;
  • move sending between IP pools, or drain and replace IPs;
  • block a recipient list from being sent when verification projects a bounce or risk rate above our published thresholds;
  • refuse individual messages or recipients, including everything on the suppression list; and
  • suspend sending entirely while suspected abuse is investigated.

Every automatic action is recorded and visible to you with its reason. These actions are not failures of the Service, are not breaches of this agreement, and do not entitle you to refunds or credits. They are the Service.

8. Unsubscribes and suppression

Every message relayed through our infrastructure carries RFC 8058 one-click unsubscribe headers that we operate. When a recipient unsubscribes or complains through a provider feedback loop, the address is added to a platform-wide suppression list and cannot be mailed again through the Service by any customer, permanently. You agree not to attempt to contact suppressed addresses through the Service or to circumvent suppression by any means. We will not remove addresses from the suppression list at a customer’s request. An address of a person who confirms a request to be removed from our lead table (section 15) is added to the same list.

9. Your content and our IP

You retain all rights to the content you send and receive through the Service and the data you upload to it. You grant us the licence needed to operate the Service on that content — to store it, transmit it, back it up, scan it for the abuse-prevention purposes described in the privacy policy, and display it back to you. We claim no other rights in the content itself; the one addition is the licence to de-identified performance data in the next paragraph. Lead Data that we make available to you (section 15) is not your content and is not yours: you receive a limited licence to it under that section, not ownership.

Performance data and shared learning.We learn from how mail performs. You grant us a worldwide, non-exclusive, royalty-free licence to derive de-identified, aggregated performance data from your use of the Service — for example counts of sends, replies and delivery outcomes grouped by the kind of copy used (the style of an opener, the type of call to action) and by the reply category our classifier assigned — and to use it to operate and improve the Service and to share what it shows across our customers, including after your account ends. That data does not include your recipient lists, the names or addresses in them, the text of replies, or the text of your messages. We never show another customer your copy, your replies or the lists you upload or build, and a figure from the shared results is shown to a customer only when enough separate senders support it that none of them can be picked out. How we process the underlying content to produce it, and which vendors see it, is described in the privacy policy.

Your control.An owner or admin can switch sharing off or on at any time in Engage settings (“Include this workspace in anonymized pooled learning”), or ask support to do it. Under these Terms of Use it is on for every workspace from [launch date — to be confirmed]. Switching it off removes your workspace from the shared results the next time they are recomputed and hides the shared figures for your workspace. Because the results are recomputed periodically rather than edited one account at a time, removal takes effect at the next recomputation, not instantly. Classifying your own replies and showing you what is working in your own workspace do not depend on this setting.

The Service itself — software, design, documentation, and the reputation data and models we build from operating our infrastructure in aggregate — is ours. We grant you a non-exclusive, non-transferable licence to use it while your account is in good standing. You may not resell access to the dashboard, white-label the Service or use the EmailPal name and brand as your own without our written agreement, reverse engineer it except where the law permits, or use it to build a competing sending-reputation dataset. If you send us feedback or suggestions, we may use them without obligation.

What you may do without a separate agreement is build on the Service. You may embed list verification results, and mailbox and domain provisioning, in your own product or service and supply them to your own end customers, provided you do so through the REST API or MCP server, under your own account and your own name. This does not extend to Lead Data: you may not resell, sublicense, redistribute or embed Lead Data in anything you supply to others (section 15). If you embed anything else, you are responsible for your end users: you must make sure each of them complies with the acceptable use policyand these terms, and anything an end user does through your account is treated as your act. API keys must not be shared between organisations, so each end customer’s access must run through your keys and not through keys you hand to them (section 10).

Verification and the other allowances that come with your plan or purchases are daily and capped at the amount you purchased. We do not guarantee capacity beyond what you have purchased, and requests above it may be refused with a capacity error. Plan any resale accordingly, and do not promise your own customers more than you have bought from us.

10. API and rate limits

The REST API and MCP server are part of the Service and are governed by these terms. API usage is subject to your plan’s rate limits. We may change API rate limits and, with reasonable notice except where security requires otherwise, API behaviour. Do not share API keys between organisations; each key acts with the full authority of your account.

11. Disclaimers, liability and indemnity

No deliverability guarantee

Inbox placement is decided by receiving providers, not by us. We measure it, we manage the inputs to it, and we are better at that than you would be alone — but we do not and cannot guarantee that any message reaches any inbox, that any domain or IP maintains any reputation, or that any provider will not block, filter or defer your mail. Warming timelines and placement figures published by us are typical outcomes, not promises.

Disclaimer of warranties

The Service is provided “as is” and “as available”. To the maximum extent the law permits, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free or secure, and we depend on registrars, DNS providers, hosting providers and receiving mail providers whose failures are outside our control. Lead Data is further disclaimed in section 15.

Limitation of liability

To the maximum extent the law permits: neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, goodwill or data, even if advised of the possibility; and our total aggregate liability arising out of or relating to the Service is limited to the amounts you paid us in the twelve months before the event giving rise to the claim. Nothing in these terms limits liability that cannot be limited by law, including liability for fraud or wilful misconduct. The limitations in this section do not apply to your payment obligations, your indemnification obligations, or your breach of section 5 or the acceptable use policy. For the avoidance of doubt, the limitations in this section apply in full to any claim by you relating to the accuracy, completeness, currency, availability or lawfulness of Lead Data, and nothing in your indemnification obligations enlarges our liability for it.

Indemnification

You will defend and indemnify EmailPal against any third-party claim, and any regulatory action, fine or penalty, arising from the messages you send, the recipient data you use, your use of Lead Data (including any call or text made using it, and any resale or redistribution of it), your breach of section 5, section 15 or the acceptable use policy, or your violation of law — including our reasonable legal costs. We will notify you promptly of any such claim and reasonably cooperate, at your expense.

12. Term, suspension and termination

This agreement runs until terminated. You may terminate at any time from the dashboard or by written notice; termination takes effect at the end of your current billing period unless you ask for it sooner.

We may suspend sending immediately and without prior notice where we reasonably believe the Service is being used in violation of the acceptable use policy, in a way that endangers the infrastructure or other customers, or unlawfully — investigation follows suspension in those cases, not the other way around, because reputation damage is immediate and irreversible. We may terminate this agreement (a) for material breach uncured 14 days after notice, (b) immediately for serious acceptable-use violations such as fraud, phishing or knowingly mailing stolen lists or people who opted out, or (c) without cause on 30 days’ notice, in which case we will refund prepaid fees for the unused period and unspent domain balance.

On termination: sending stops; leased inventory reverts to us; you have 30 days to export your mailbox content and data, after which mailboxes and content are deleted and unrenewed domains lapse. Sections that by their nature survive termination — including sections 8, 9, 11, 14 and 15 — survive it.

What happens to each kind of asset when that window closes is set out in section 3, and is worth restating in one place. Domains you connected from your own registrar are simply released; we remove our records and they remain yours. Leased inventory — pre-warmed inboxes and platform domains — is reclaimed, wiped and quarantined, and may be re-leased or resold to another customer later. Domains you purchased are no longer renewed on your behalf, and if we choose to renew one at our own cost we keep it. In every case the mail, credentials and configuration in the reclaimed asset are destroyed before it goes anywhere else; nothing you sent or received is ever handed to another customer along with an asset.

13. Changes to these terms

We may update these terms. For material changes we will give at least 30 days’ notice by email before they take effect; non-material changes take effect when posted. Continued use of the Service after a change takes effect is acceptance. If you do not accept a change, terminate before it takes effect and we will refund prepaid fees for the unused period.

14. Governing law and general terms

These terms are governed by the laws of the State of Delaware, United States, excluding its conflict-of-laws rules, and the parties submit to the exclusive jurisdiction of the state and federal courts located in Delaware. Each party waives any right to a jury trial. You may not bring claims on behalf of a class.

These terms, the acceptable use policy and the privacy policy are the entire agreement between us regarding the Service and supersede prior discussions. If a provision is found unenforceable, the rest stands. Our failure to enforce a provision is not a waiver of it. You may not assign this agreement without our consent; we may assign it in connection with a merger, acquisition or sale of assets. Notices to you go to your account email; notices to us go to legal@emailpal.io. Neither party is liable for delay or failure caused by events beyond its reasonable control.

15. Lead data

What Lead Data is

“Lead Data” means the contact and company records we make available through the Service — in the lead table and, where we offer them, the API and the MCP server — from third-party sources: a third-party data provider and public sources. A record can include a person’s name, job title, employer, business email address and phone number. It is not collected by you, and it is not collected by us from the people it describes. How we handle it is described in the privacy policy.

What you can see, and rate limits

With an active subscription, you can search Lead Data and see the business email address and phone number of the records you view in the lead table, with no credits and no per-record charge. Without one, the table shows names, job titles, companies and similar details only, and the email address, phone number and LinkedIn link are withheld and shown as “Subscribe to see”. Contact details are held only temporarily to display them to you, in the memory of the server handling your request and in your browser session. We store a contact in our database only when you explicitly add it to a list or a campaign. The provider that supplies the data may save contacts in its own workspace for a short time when they are retrieved, and we delete them from that workspace after delivering them to you.

To protect the data, its sources and the Service, requests for Lead Data are rate limited. If a request is refused because of a limit, wait and try again later. We may change how requests are limited at any time, and you may not try to get around a limit, including by using several accounts or by automated means intended to avoid it.

No warranty about Lead Data

Lead Data may come from historical data and may be outdated, incomplete or wrong, and an email address or phone number that appears in it may no longer belong to that person. We make no representation or warranty that Lead Data is accurate, deliverable, current or complete, and we expressly disclaim any representation or warranty that Lead Data, including any personal data in it, was collected or compiled, or may be used by you, in compliance with any applicable privacy, data protection, marketing, telemarketing or anti-spam law. We have no obligation to keep any source or any record available: a source may be withdrawn, changed or cut off, and a record may be removed, at any time. Nothing about a record being in the lead table, being marked as verified, or passing our list verification is a representation that you may lawfully contact the person.

Your responsibility

You are solely responsible for determining that your use of Lead Data is lawful, and for everything that follows from it: your lawful basis for contacting each person, the notices you must give, any consent you must obtain, honouring opt-outs and suppression, and the rules of every jurisdiction that applies to the person and to you. You are the sender, and the controller, of every Lead Data record you export, save to a list or send to. On request you will give us reasonable evidence of the basis on which you relied.

Permitted purpose

You may use Lead Data only for your own direct business-to-business sales, marketing, recruiting and business development, and for hygiene of your own contact records. We grant you a limited, non-exclusive, non-transferable, revocable licence to do that and nothing else. You may not:

  • sell, license, rent, redistribute, sublicense or otherwise make Lead Data available to anyone else, or use it to build a list, database or data product for others, or a dataset that competes with the Service or with its sources;
  • copy Lead Data in bulk, or scrape, harvest or systematically extract it from the lead table, the API or the MCP server, or use automated means or several accounts to get around a rate limit or any other restriction on how much of it you may see or view; or
  • use Lead Data to decide whether anyone is eligible for credit, insurance, employment, housing or any similar benefit, or for any purpose covered by the US Fair Credit Reporting Act or a similar law, or as a background or screening check on anyone.

Resale or redistribution of Lead Data, and building a dataset from it, are material breaches of these terms, and we may suspend or terminate under section 12 on that ground.

People in the United States only

Lead Data is offered for contacting people located in the United States, and you may use it only to contact people located in the United States. We do not offer Lead Data about people in the European Economic Area, the United Kingdom, Switzerland, Canada or any other country, and you may not use Lead Data to contact anyone located outside the United States. We try to keep records of people outside the United States out of the lead table, but we cannot promise that none appears. If you find or come to hold a record of someone you have reason to think is outside the United States, you must not contact them, you must tell us, and you remain solely responsible, as controller, for that record and for compliance with the laws that apply to it, including GDPR, UK GDPR, PECR and CASL.

Calling and texting

Lead Data may include phone numbers. You alone are responsible for complying with the US Telephone Consumer Protection Act, the National Do-Not-Call Registry rules, state telemarketing, do-not-call and telephone-solicitation laws, calling-hour rules, and every other law that applies to a call or text you make. You must not use Lead Data for any call or text sent with an autodialer, an artificial or prerecorded voice, or as a text message, unless you have first obtained every consent the law requires from the person you are contacting. Where the data provider tells us that a phone number is a mobile number we label it as one. A label is only the provider’s information: it is not a verification, it may be wrong, a number without the label may still be a mobile number, and nothing in the lead table tells you whether a number is on a do-not-call list or whether anyone has consented.

Availability

Lead search and viewing contact details are included with an active subscription at no extra per-lead charge: there are no credits and no fee for individual records. That inclusion is subject to the acceptable use policy and these terms, to Lead Data covering people in the United States only, and to the availability of the third-party sources it comes from, which may be interrupted, changed or withdrawn. We do not sell Lead Data as a separately priced product, and Lead Data is provided as a convenience and is not a warranty of any particular record, source or volume. We may change, limit or withdraw Lead Data, or how it is offered, and we will give notice of a material change as section 13 provides; where a source is cut off or a record must be removed, we may have to act without advance notice. Section 11 applies to our liability for Lead Data. Changes to Lead Data are not a reduction of the core functionality that section 2 refers to.

Removal requests and reports

A person can ask to be removed from the lead table at /legal/lead-removal, and once removed their address is added to the platform-wide suppression list described in section 8. You must not try to contact a person who has been removed or suppressed, and you must not try to get around a removal. If you believe an individual record is wrong, or that the person has asked not to be contacted, you can report that record from the lead table. A report hides the record in your workspace only, until it is verified. Descriptions of how removal works are in the privacy policy.

Indemnity and liability

Your indemnity in section 11 covers your use of Lead Data, including calls and texts made using it and any resale or redistribution of it. Our liability for Lead Data, including its accuracy and lawfulness, is limited as section 11 provides.

16. Contact

Questions about these terms: legal@emailpal.io
Support: support@emailpal.io