Terms of Service
Last updated: January 15, 2024
These Terms govern your use of InboxGreen's services. By accessing or using the Services, you agree to these Terms.
1. Acceptance of Terms
These Terms of Service ("Terms") constitute a legally binding agreement between InboxGreen, Inc. ("[Legal Entity Name]", located at [Mailing Address]) ("InboxGreen", "we", "us", or "our") and you ("Customer", "you", or "your"), whether you are an individual or an entity.
By accessing, browsing, or using the InboxGreen platform, website, or any related services (collectively, the "Services"), you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Services.
Eligibility: You represent and warrant that:
- You are at least 18 years of age or the age of majority in your jurisdiction;
- You have the legal capacity and authority to enter into this agreement;
- If you are entering into these Terms on behalf of an organization, you have the authority to bind that organization to these Terms;
- Your use of the Services complies with all applicable laws and regulations.
Related Documents: These Terms incorporate by reference our Privacy Policy, any Service-Specific Terms, Order Forms, and Data Processing Addendum (if applicable). In the event of a conflict, the order of precedence shall be: (1) Order Forms; (2) Data Processing Addendum; (3) Service-Specific Terms; (4) these Terms; (5) Privacy Policy.
2. Service Description
Overview: InboxGreen provides a comprehensive email deliverability compliance platform designed to help organizations monitor, analyze, and optimize their email authentication and delivery infrastructure. Our Services include:
- Automated scanning and analysis of DNS records (SPF, DKIM, DMARC);
- Deliverability scoring and compliance checks against industry standards (including 2024 Gmail/Yahoo requirements);
- Automated fixes and recommendations for DNS configuration issues;
- Continuous monitoring and alerting for configuration drift or failures;
- Detailed reporting and analytics dashboards;
- Integrations with major DNS providers and Email Service Providers (ESPs);
- API access for programmatic integration (subject to plan limits).
Availability: We use commercially reasonable efforts to maintain the Services with 99.9% uptime on a monthly basis, excluding scheduled maintenance windows. Current system status is available at getinboxgreen.com/status. Scheduled maintenance will be communicated via email and in-product notifications at least 48 hours in advance, except for emergency maintenance.
Beta and Experimental Features: From time to time, we may offer features labeled as "beta", "preview", "early access", or similar designations. These features are provided on an "as-is" basis without warranties of any kind, and may be modified, withdrawn, or discontinued at any time without prior notice.
Third-Party Services: The Services may enable you to connect your DNS providers, ESPs, or other third-party platforms. We are not responsible for the availability, performance, terms of service, or privacy practices of any third-party services. You are solely responsible for your relationship with such third parties.
3. User Responsibilities
Account Security: You are responsible for:
- Providing accurate, current, and complete registration information;
- Maintaining the confidentiality of your account credentials;
- All activities that occur under your account, whether authorized or not;
- Notifying us immediately at security@getinboxgreen.com of any unauthorized access or security breach.
Lawful Use: You agree to use the Services only for lawful purposes and in compliance with all applicable laws, regulations, and these Terms. You must not:
- Engage in abusive, fraudulent, or deceptive practices;
- Attempt to reverse engineer, decompile, or disassemble any portion of the Services;
- Interfere with or disrupt the integrity or performance of the Services or third-party data;
- Attempt to gain unauthorized access to the Services or related systems;
- Use the Services to send spam, phishing emails, or other unsolicited communications;
- Violate any intellectual property rights of InboxGreen or third parties.
Data and Permissions: By using the Services, you grant InboxGreen a non-exclusive, worldwide, royalty-free license to access, process, and analyze the domain names, DNS records, and related information you submit ("Customer Data") solely for the purpose of providing the Services. You represent and warrant that:
- You have all necessary rights, permissions, and authority to submit Customer Data and grant the foregoing license;
- You have the authority to configure DNS records and ESP settings for the domains you add to the Services;
- Customer Data does not violate any applicable law or third-party rights.
Acceptable Use: You agree that all email communications sent using domains monitored by the Services will:
- Comply with the CAN-SPAM Act, GDPR, and other applicable anti-spam and privacy laws;
- Include proper recipient consent and unsubscribe mechanisms;
- Adhere to the terms of service of your ESP and DNS providers;
- Not be used for phishing, malware distribution, or other malicious purposes.
Cooperation: You agree to respond in a timely manner to our requests for information necessary for troubleshooting, compliance, or security purposes. You will keep your contact information and billing details current in your account settings.
4. Payment Terms
Subscription Plans: InboxGreen offers several subscription tiers, including Monitor, Fix & Monitor, MSP (Managed Service Provider), and custom Enterprise plans. Current pricing is available at getinboxgreen.com/pricing, unless you have a separate written agreement with InboxGreen.
Billing Cycle: Subscriptions are billed in advance on a monthly or annual basis, depending on your selected plan. Annual plans are billed as a single upfront payment. Billing begins immediately upon subscription or at the end of any applicable trial period.
Payment Method: You authorize InboxGreen to charge your designated payment method (credit card, debit card, or other approved method) for all fees due under your subscription. You are responsible for maintaining valid payment information in your account.
Refunds: Subscription fees are non-refundable except:
- As expressly required by applicable law;
- Under any published money-back guarantee (e.g., 30-day satisfaction guarantee for new customers);
- As determined by InboxGreen in its sole discretion on a case-by-case basis.
Pro-rata refunds for partial months are not provided unless required by law.
Trials and Promotions: Free trials, promotional discounts, and special offers (such as founder pricing) are time-limited and subject to the specific terms communicated at the time of the offer. Unless you cancel before the end of a trial period, your payment method will be automatically charged for the applicable subscription fee.
Taxes: All fees are exclusive of applicable sales, use, value-added, goods and services, or similar taxes ("Taxes"). You are responsible for all Taxes associated with your purchase, except for taxes based on InboxGreen's net income. If we are required to collect or pay Taxes, they will be invoiced to you and you agree to pay them.
Late Payments: If payment is not received by the due date, we may:
- Suspend or restrict access to the Services after providing reasonable notice;
- Charge interest on overdue amounts at the rate of 1.5% per month (or the maximum rate permitted by law, whichever is lower);
- Charge reasonable fees for collection efforts.
Price Changes: We reserve the right to modify our pricing at any time. Price changes will not affect your current subscription term. For renewing subscriptions, we will provide at least 30 days' advance notice of any price increase. Your continued use of the Services after a price change constitutes acceptance of the new pricing.
5. Limitation of Liability
Disclaimer of Warranties: THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. INBOXGREEN DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
No Indirect Damages: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL INBOXGREEN, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR:
- ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES;
- LOST PROFITS, LOST REVENUE, LOST DATA, OR LOSS OF GOODWILL;
- COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;
- ANY DAMAGES ARISING FROM YOUR USE OR INABILITY TO USE THE SERVICES;
- ANY DAMAGES ARISING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
- ANY DAMAGES ARISING FROM THIRD-PARTY SERVICES OR CONTENT;
EVEN IF INBOXGREEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS.
Liability Cap: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INBOXGREEN'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF:
- The total amount paid by you to InboxGreen in the twelve (12) months immediately preceding the event giving rise to the claim; OR
- One hundred U.S. dollars (USD $100).
Exceptions: The foregoing limitations do not apply to the extent prohibited by applicable law. Some jurisdictions do not allow the exclusion or limitation of certain warranties or damages, so some of the above exclusions and limitations may not apply to you.
Essential Purpose: You acknowledge that the limitations in this Section 5 are an essential element of the agreement between you and InboxGreen, and that InboxGreen would not provide the Services without these limitations.
6. Termination
Your Right to Cancel: You may cancel your subscription at any time by:
- Accessing the billing management portal in your account settings; OR
- Contacting our support team at getinboxgreen.com/support.
Cancellation takes effect at the end of your then-current billing period, unless otherwise stated in your subscription terms or required by law. You will retain access to the Services until the end of the paid period.
Our Right to Suspend or Terminate: InboxGreen reserves the right to suspend or terminate your access to the Services, with or without notice, under the following circumstances:
- Material Breach: If you materially breach these Terms and fail to cure such breach within seven (7) days of receiving written notice;
- Unlawful Activity: If we reasonably believe you are using the Services for illegal purposes or in violation of applicable laws;
- Nonpayment: If payment is overdue by more than fifteen (15) days after written notice;
- Risk to Platform: If your use of the Services poses a security risk, causes service degradation, or otherwise harms InboxGreen or other customers;
- Fraudulent Activity: If we suspect fraudulent, abusive, or otherwise harmful activity.
In cases of immediate risk, we may suspend access without prior notice.
Effect of Termination: Upon termination or expiration of your subscription:
- Your right to access and use the Services immediately ceases;
- We will cease providing Services to you;
- You remain responsible for all fees and charges incurred prior to termination;
- We may delete or anonymize your Customer Data in accordance with our data retention policies and applicable law;
- Upon written request submitted within thirty (30) days of termination, we will make reasonable efforts to provide you with a copy of your Customer Data, subject to technical and legal limitations.
Survival: The following sections survive termination or expiration of these Terms: User Responsibilities (data ownership), Payment Terms (amounts owed), Intellectual Property, Limitation of Liability, Governing Law, and any other provisions that by their nature should survive.
7. Governing Law and Dispute Resolution
Governing Law: These Terms and any dispute arising out of or relating to these Terms or the Services shall be governed by and construed in accordance with the laws of [State/Country], without regard to its conflict of laws principles.
Venue and Jurisdiction: Any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the state or federal courts located in [City, State/Country], and you irrevocably consent to the personal jurisdiction and venue of such courts. This provision does not limit our right to seek injunctive or other equitable relief in any jurisdiction.
International Users: If you are accessing the Services from outside [Country], you are responsible for compliance with all local laws and regulations applicable to your use of the Services, including but not limited to export control laws, privacy laws, and consumer protection laws.
Dispute Resolution: Before filing any legal claim, you agree to first contact us at legal@getinboxgreen.com to attempt to resolve the dispute informally. We will make good-faith efforts to resolve disputes through negotiation within thirty (30) days.
Note: If your organization requires arbitration clauses or class-action waivers, those provisions should be added here in a dedicated "Arbitration and Class Action Waiver" subsection with conspicuous notice and opt-out mechanisms as required by law.
8. Contact Information
Legal Entity: InboxGreen, Inc. [or Legal Entity Name]
Mailing Address:
[Street Address]
[City, State ZIP Code]
[Country]
Legal Inquiries:
legal@getinboxgreen.com
Support:
For general questions and customer support, please visit getinboxgreen.com/support
Privacy Matters:
For privacy-related inquiries, data subject access requests, or questions about our data practices, contact privacy@getinboxgreen.com
Security Vulnerabilities:
To report security issues or vulnerabilities, please email security@getinboxgreen.com or visit our Security page for responsible disclosure guidelines.
9. Changes to These Terms
Right to Modify: InboxGreen reserves the right to modify, amend, or update these Terms at any time in our sole discretion. We will make reasonable efforts to notify you of material changes by:
- Sending an email notification to the address associated with your account;
- Displaying an in-product banner or notification;
- Posting a notice on our website or blog;
- Updating the "Last updated" date at the top of these Terms.
Advance Notice: For material changes that adversely affect your rights or obligations, we will provide at least thirty (30) days' advance notice before the changes take effect, unless:
- The changes are required by law or regulation;
- The changes address security, privacy, or fraud concerns; OR
- The changes are beneficial to you (e.g., adding new features or protections).
Acceptance of Changes: Your continued use of the Services after the effective date of any changes constitutes your acceptance of the updated Terms. If you do not agree to the modified Terms, you must cancel your subscription and stop using the Services before the effective date.
Version History: We maintain a version history of significant changes to these Terms. Previous versions may be requested by contacting legal@getinboxgreen.com.
Additional Provisions
Entire Agreement: These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and InboxGreen regarding the Services and supersede all prior agreements, understandings, and communications, whether written or oral.
Severability: If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.
Waiver: No waiver of any provision of these Terms shall be deemed a further or continuing waiver of that provision or any other provision. InboxGreen's failure to enforce any right or provision shall not constitute a waiver of such right or provision.
Assignment: You may not assign, transfer, or delegate these Terms or your rights and obligations hereunder without our prior written consent. InboxGreen may assign these Terms in connection with a merger, acquisition, reorganization, or sale of all or substantially all of its assets. Any unauthorized assignment is void.
Force Majeure: Neither party shall be liable for any failure or delay in performance under these Terms (other than payment obligations) due to causes beyond its reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, or governmental actions.
Notices: All legal notices to InboxGreen must be sent in writing to the address listed in Section 8. Notices to you may be sent to the email address associated with your account and shall be deemed delivered when sent.
Relationship: These Terms do not create a partnership, joint venture, employment, or agency relationship between you and InboxGreen. You are an independent contractor.
Important: This document contains placeholder text indicated by [brackets]. Before publishing, ensure all placeholders are replaced with accurate legal information including: legal entity name, mailing address, governing jurisdiction, and venue. Consult with qualified legal counsel to ensure these Terms comply with applicable laws in your jurisdiction and meet your organization's specific needs.