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Terms of service

Effective date: July 25, 2026

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 sign-in email account and 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 for you through our registrar and managed by us — DNS, mail routing and authentication records — while your account is active. The registration is yours: you may request transfer of a purchased domain to your own registrar account at any time, subject to the registry’s own transfer rules (for example the 60-day lock following a new registration). 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 and your balance or payment method covers it. If a renewal cannot be charged we will notify you; a domain that lapses because payment failed after notice is not our liability.

Purchased domains you stop paying for

A purchased domain is yours for as long as you keep it. If your account closes and you do not transfer the domain out or pay its renewal 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, the domain becomes ours: you have no further claim to it, 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 — if you want to keep a name, transfer it out or settle the balance before the window closes. 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 carry a 90-day minimum term from the day you claim the address. The term exists because the months of parking and warming that make an address worth leasing are spent before you arrive, and it is enforced: you cannot delete or hand back a leased inbox before the term ends, though you can stop sending from it or pause it at any time. Billing runs to the end of the term either way.

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 88out 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.
  • 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. 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 were collected by you or on your behalf from identifiable sources, and were not purchased, rented, scraped, harvested or generated, as detailed in the acceptable use policy;
  • 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.

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.

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 it.

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 Service 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.

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.

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.

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 breach of section 5 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 purchased lists, 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 and to request transfer of domains you purchased, after which mailboxes and content are deleted and unrenewed domains lapse. Sections that by their nature survive termination — including sections 8, 9, 11 and 14 — 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. Contact

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