Terms & Conditions

Last Updated: May 30, 2024

1. Introduction

Welcome to Zapmail. By subscribing to and utilizing our services, you agree to be bound by these Terms and Conditions. It is vital that you read and understand this document thoroughly before using our services.

2. Service Description

Zapmail offers a subscription-based service primarily for the setup and management of email mailboxes and domains tailored for cold email outreach. Our services include:

• Google Workspace Setup: Provision and management of Google Workspace mailboxes.
• Microsoft Outlook 365 Setup: Provision and management of Microsoft Outlook 365 mailboxes.
• SMTP Email Accounts: Provision and management of SMTP email accounts.
• DNS Management: Configuration and maintenance of DNS records including DKIM, SPF, and DMARC.
• Domain Services: Assistance with domain registration, transfers, and renewals.
• Third-Party Integrations:Facilitation of integration with supported third-party platforms for enhanced functionality, such as Reachinbox, Instantly, and Smartlead.

Zapmail is merely a reseller of email accounts from various email service providers and vendors. As such, Zapmail is not liable for the outcomes occurring due to the usage of these accounts. Trademarks mentioned belong to their respective trademark owners, and Zapmail may or may not have direct affiliation with these email service providers.

3. User Obligations
1. 3.1 Account Setup: Users must provide complete and accurate information during account creation and maintain the confidentiality and security of their login credentials. Users are responsible for all activities that occur under their account.
2. 3.2 Legal Compliance: Users must adhere to all applicable local, national, and international laws regarding their use of the services, including data protection and anti-spam regulations such as the CAN-SPAM Act and GDPR.
3. 3.3 Prohibited Activities: Users must not engage in activities that violate the terms of service, including but not limited to:
   • Sending unsolicited bulk emails (spam).
   • Using the service for illegal purposes.
   • Introducing harmful software or engaging in activities that disrupt the service.
4. Payment Terms
1. 4.1 Fees: Fees for our services are billed in advance on a monthly basis and are non-refundable under any circumstances, including cases where purchases from email service providers are non-refundable.
2. 4.2 Subscription Renewal and Cancellation: Subscriptions automatically renew each month. Users can cancel their subscription at any time via their account dashboard, with cancellation taking effect at the end of the current billing period.
5. Intellectual Property
1. 5.1 License Grant: Zapmail grants users a non-exclusive, non-transferable, limited license to use the services for their internal business operations.
2. 5.2 Ownership: Zapmail retains all ownership and intellectual property rights in the services, associated software, and branding. Trademarks mentioned belong to their respective trademark owners, and Zapmail may or may not have direct affiliation with these email service providers.
6. Termination
1. 6.1 Termination by Zapmail:Termination by Zapmail:
2. 6.2 Termination by User: Users may terminate their subscription at any time, with termination taking effect at the end of the current billing period.
7. Disclaimer of Warranties

Zapmail provides the services on an "as is" and "as available" basis without any warranties, whether express, implied, or statutory, including, but not limited to, warranties of merchantability, fitness for a particular purpose, and non-infringement.

8. Limitation of Liability

Zapmail will not be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, data, or use of the service, whether in an action in contract, tort (including negligence) or otherwise. Users agree that Zapmail is not responsible for the suspension or health of their email accounts once purchased, nor for any consequences arising from the purchase and use of our services. Zapmail cannot be held liable by either users or their recipients for any damage of any sort or any other possible losses occurring from the usage of the accounts purchased from Zapmail.

9. General Provisions
1. 9.1 Modifications to Terms: Zapmail may modify these terms at any time. Continued use of the services after changes constitute acceptance of the new terms.
2. 9.2 Governing Law: These terms are governed by the laws of the State of Delaware, without regard to its choice of law or conflict of law provisions.
3. 9.3 Severability: If any provision of these terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the other provisions of these terms remain in full force and effect and enforceable.
4. 9.4 Entire Agreement: These terms constitute the entire agreement between users and Zapmail regarding the use of the services and supersede all prior agreements and understandings.
10. Contact Information

For questions regarding these terms, please reach out to us via our support page. For legal notices, please send correspondence to our designated agent as outlined on our website.

11. Data Protection
1. 11.1 Use of Data: We collect and use your data in accordance with our Privacy Policy, which details how we handle, store, and secure your personal and business data.
2. 11.2 Compliance: We comply with the General Data Protection Regulation (GDPR) for EU residents and other applicable data protection laws.
12. Anti-Spam and Compliance
1. 12.1 Compliance with Anti-Spam Laws: Users must comply with all applicable anti-spam laws, including but not limited to the CAN-SPAM Act and GDPR. This includes obtaining proper consent from email recipients and providing clear opt-out mechanisms in every email sent.
2. 12.2 Prohibition of Unsolicited Bulk Emails: Users are strictly prohibited from using the services to send unsolicited bulk emails. All email campaigns must target only those recipients who have shown a legitimate interest in the subject matter or have opted in to receive such communications.
13. User Responsibilities Regarding Email Content
1. 13.1 Content Guidelines: Users must ensure that all emails sent using Zapmail adhere to high standards of content quality. Emails must not contain offensive, misleading, harmful, or otherwise inappropriate content.
2. 13.2 Prohibition of Deceptive Practices: Users must not engage in deceptive practices. This includes ensuring that subject lines accurately reflect the content of the email and that any promotional material is clearly identified as such.
14. Opt-Out Mechanisms
1. 14.1Clear Opt-Out Mechanisms: Every email sent via Zapmail must include a clear, straightforward mechanism for recipients to opt out of future communications. This opt-out process should be easy to use and must be respected promptly by the sender.
15. Security Measures

Zapmail implements appropriate security protocols to protect data against unauthorized access, alteration, disclosure, or destruction. These measures include internal reviews of our data collection, storage, and processing practices, as well as physical security measures to guard against unauthorized access to systems where we store personal data.

16. Third-Party Service Providers
1. 16.1 Use of Third-Party Services: We may employ third-party companies and individuals to facilitate our service, provide the service on our behalf, perform service-related tasks, or assist us in analyzing how our service is used. These third parties have access to your personal data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
2. 16.2 Service Providers Include:
   • Analytics Providers: Such as Google Analytics to monitor and analyze web traffic.
   • Hosting Providers: Such as Framer and Webflow for hosting services.
   • Payment Processors: Such as Stripe for processing payments.
17. Data Breach Response

In the event of a data breach, Zapmail has protocols in place to promptly address the situation. We will notify affected users and relevant authorities as required by law and take steps to mitigate the impact of the breach.

18. Children's Privacy

Zapmail services are not directed to individuals under the age of 18. We do not knowingly collect personally identifiable information from children under 18. If we become aware that a child under 18 has provided us with personal data, we will take steps to delete such information.

19. User Consent and Responsibilities
• 19.1 Consent: By using our services, you consent to the collection and use of your personal data as described in this Privacy Policy.
• 19.2 User Responsibilities: Users are responsible for ensuring the accuracy of the personal data they provide and for keeping their account information up-to-date. Users must also ensure that they have the necessary rights to provide any third-party data they share with us.
20. Governing Law and Dispute Resolution

This Privacy Policy is governed by the laws of the State of Delaware, without regard to its conflict of law principles. Any disputes arising out of or related to this Privacy Policy shall be resolved exclusively in the state or federal courts located in Delaware.

By using Zapmail services, you agree to these terms and conditions. If you have any questions or concerns about these Terms and Conditions, please contact us at [email protected].