Terms of Service

Welcome to Thunk Mail. By accessing or using our email marketing platform, you agree to be bound by these Terms of Service ("Terms"), our Privacy Policy, Acceptable Use Policy, and Data Processing Addendum. If you do not agree to these Terms, do not use our services.

1. Account Terms

• You must be at least 16 years old to use Thunk Mail.
• You must provide a valid email address and accurate information when creating an account.
• You are responsible for maintaining the security of your account credentials.
• You are responsible for all activity that occurs under your account.
• One person or entity may not maintain more than one free account.

2. Acceptable Use

Thunk Mail is an email marketing platform. You agree to use it responsibly and in compliance with all applicable laws, including but not limited to:

• CAN-SPAM Act (United States)
• GDPR (European Union)
• CASL (Canada)
• Any other applicable anti-spam and data protection legislation

You Must

• Only send emails to recipients who have given you consent (opt-in)
• Include a clear and functional unsubscribe mechanism in every email
• Accurately identify yourself as the sender
• Provide and maintain a valid physical mailing address where you can receive mail. Anti-spam laws — including the CAN-SPAM Act in the United States and CASL in Canada — require a real postal address in every commercial email. The address you enter in your settings is published in the footer of every campaign you send, and you are solely responsible for its accuracy and for keeping it current. A PO box or virtual mailbox is acceptable.
• Honor unsubscribe requests promptly
• Maintain accurate and up-to-date contact lists

You Must Not

• Send unsolicited bulk email (spam)
• Use purchased, rented, or harvested email lists
• Send emails containing malware, phishing attempts, or deceptive content
• Impersonate another person or entity
• Enter a false, placeholder, or incomplete physical mailing address, or an address where you cannot receive mail
• Send content that is illegal, harmful, threatening, abusive, or hateful
• Attempt to circumvent sending limits, rate limits, or other platform restrictions
• Use Thunk Mail to send emails related to illegal products or services

3. Sending Limits

Your plan sets how much you can send: a maximum number of emails per hour, per 24 hours, and per rolling 30-day period, along with a limit on how many distinct recipients you may email within a rolling 30-day period. Your plan also limits how many contacts you may store. Some plans are unlimited on one or more of these.

These are rolling limits, not a monthly allowance. Each is measured against what you have sent during the preceding hour, 24 hours, or 30 days, so capacity returns continuously as earlier sends fall outside the window. There is no balance of credits: nothing accumulates, and nothing is forfeited at the end of a billing period.

We may raise your limits temporarily at our discretion. Where we do, we will state the period that applies, and your plan's usual limits resume when it ends.

4. Payment and Billing

• Paid plans are billed monthly in advance.
• All fees are non-refundable except as required by law.
• You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing period.
• We reserve the right to change pricing with 30 days' notice.
• Payment processing is handled securely by Stripe. We do not store your payment card information.

5. Your Content

You retain ownership of all content you create and send through Thunk Mail, including email campaigns, templates, and contact data. By using our platform, you grant us a limited license to process and transmit your content solely for the purpose of providing our services.

You are solely responsible for ensuring your content complies with applicable laws and does not infringe on the rights of others.

6. Platform Availability

We strive to maintain high availability of our platform but do not guarantee uninterrupted service. We may perform scheduled maintenance, and unforeseen outages may occur. We are not liable for any losses resulting from service interruptions.

7. Account Suspension and Termination

We may prevent you from sending campaigns until your account has a complete and valid physical mailing address, sender name, and verified reply-to address. We may also suspend or terminate your account at any time if:

• You violate these Terms or our acceptable use policies
• Your sending results in high bounce rates or spam complaint rates
• Your account is used for fraudulent or illegal activity, including sending email with false or missing sender identification
• You fail to pay applicable fees

If your account is suspended for policy violations, you may not be entitled to a refund.

8. Limitation of Liability

To the maximum extent permitted by law, Thunk Mail and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities, arising out of or related to your use of the platform.

Our total liability for any claim arising from your use of Thunk Mail shall not exceed the amount you paid us in the 12 months preceding the claim.

9. Indemnification

You agree to indemnify and hold harmless Thunk Mail from any claims, damages, losses, or expenses (including reasonable legal fees) arising from your use of the platform, your content, or your violation of these Terms.

10. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms on this page and updating the "Last updated" date. Your continued use of Thunk Mail after changes take effect constitutes acceptance of the revised Terms.

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to conflict of law principles.

12. Contact Us

If you have any questions about these Terms of Service, please contact us at:

support@thunkmail.com