The following terms and conditions govern all use of the elasticemail.com website and all content, services and products available at or through the website, including, but not limited to, sending email through the Elastic Email API (hereafter referred to as the “Services” or the “Service” or the “Agreement”). The Service is owned and operated by Elastic Email Inc., British Columbia, Canada.
By signing up, you warrant that you meet the above eligibility requirements. Elastic Email reserves the right to close or shut down accounts of any users for any reason disclosed or undisclosed and to change these eligibility requirements at any time.
Security, Accounts and Passwords
If you create an online account on elasticemail.com, you are responsible for maintaining the security of your account and the API key assigned to you. It is up to you as the account owner to keep your password and account name confidential. You are fully responsible for all activities that occur under the account and API Key and any other actions taken in connection with your account or the use of the API by that account or API Key. You will contact Elastic Email immediately if you suspect a breach of security regarding your account.
Pay as you go: You may purchase “email credit” and this credit will remain in your account for you to use as long as your account is considered ACTIVE. If your account shows no activity for a period of 12 months, your account may be considered IN-ACTIVE and your email credit will expire and no longer be available to use.
Auto-Payments: If you have set up “auto-payment” you agree that Elastic Email may charge your valid credit card for a set amount you determine when your Elastic Email account balance is below your determined acceptable credit balance. For example, you can set up your “auto-payment” to top-up your Elastic Email account with $100 when the current balance reaches $10.
Refunds: Any requests for refunds must be in writing by contacting support.elasticemail.com. All requests for refunds must be within 60 days of the purchase date or they are considered irrefutable. If you break any of the rules, conditions, requirements or laws laid out in the Terms and Conditions, Acceptable User Agreement or Anti-spam Policy you will not qualify for a refund under any circumstances.
You agree to submit any disputes regarding charges or Elastic Email credits in writing within 60 days of the charge or purchase. You agree that any disputes rendered outside that time period are void and any charges are considered irrefutable.
If your account is terminated due to spamming, phishing or any other violation of our Terms and Conditions, Anti-Spam Policy or Acceptable Usage Agreement you will not be entitled to a refund under any circumstances.
Disclaimer of Warranties
The Service is provided “as is”. Neither Elastic Email Inc. nor its suppliers and licensors, make any warranty that this Service or the email delivery API will be error free or that access thereto will be continuous or uninterrupted. You understand that you utilize the API, or otherwise obtain content or services through, this website and API at your own discretion and risk.
Limitation of Liability
You agree to accept full responsibility of any loss resulting from the use of Elastic Email’s website, services, tools, downloads or any other use of the Services. In no event will Elastic Email Inc. or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Elastic Email Inc. under this agreement during the twelve (12) month period prior to the cause of action.
Elastic Email Inc. has the right to, at Elastic Email's sole discretion (i) refuse or send any emails that, in Elastic Email's opinion, violates any Elastic Email policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Service and API to any individual or entity for any reason, in Elastic Email's sole discretion. Any account which shows no activity for more than 12 months may be considered IN-ACTIVE. If an account is considered IN-ACTIVE, the account may be shut down or deleted and all data associated with that account may be permanently erased.
Elastic Email reserves the right, at its sole discretion, to modify or replace any part this its policies, terms, conditions or rules. It is your responsibility to review Elastic Email’s terms periodically for changes. Any changes made to Elastic Email’s Terms and Conditions, Acceptable Use Policy or Anti-Spam Rules go into effect immediately and your continued use of or access to the Service and API following the posting of any changes to this Agreement constitutes acceptance of those changes.
The laws of British Columbia, Canada, will apply to any disputes arising out of or relating to these terms or the Services. All claims arising out of or relating to these terms or the Services will be litigated exclusively in the federal or state courts of Victoria, British Columbia, Canada and you and Elastic Email consent to personal jurisdiction in those courts.
This Agreement, including the policies included in our Acceptable Use Agreement and Anti-Spam Policy constitutes the entire agreement between Elastic Email and which you, the user have agreed to concerning the subject matter herein and pertaining to services as outlined on the website elasticemail.com.
Elastic Email reserves the right to change these Terms, Acceptable User Agreement and Anti-Spam Policy at any time, it is up to you to make sure you review this information from time to time.
Last updated: April 16, 2015