Terms
These Terms govern your use of the Email Foundry website and any Email Foundry plan, dedicated installation, setup or support service you purchase from us. By placing an order, you agree to these Terms on behalf of yourself and, where applicable, the business or organisation you represent.
1. About Email Foundry
Email Foundry provides email marketing software and related services, including dedicated installations, initial setup, campaign and automation tools, contact management, sending integrations, deliverability controls, analytics and other features described on the website.
Contact: info@emailfoundry.co.uk
Business address:
St Agnes, Cornwall.
2. Business use
Email Foundry is designed primarily for business and professional use. If you order for an organisation, you confirm that you have authority to bind that organisation to these Terms. Nothing in these Terms removes any statutory right that cannot lawfully be excluded.
3. Orders and when a contract is formed
The website may show plan capacities, features, prices and promotional discounts. An order is subject to successful payment and acceptance. A contract is formed when payment has been accepted and we confirm the order or begin provisioning the purchased service.
If a pricing, description or technical error is obvious and materially affects the order, we may contact you to correct the order, offer an alternative or cancel and refund the affected payment.
4. What your plan includes
Your order includes the plan, contact capacity, monthly-send capacity and included services stated on the pricing page or checkout at the time you purchase. Standard plans may include a dedicated Email Foundry installation, initial setup and handover, daily backups and the core platform features shown for that plan.
Plan limits describe the maximum capacity included in that plan. They are not a promise that every possible workload can be sent instantly or that any receiving mailbox provider will accept or place every message in the inbox.
5. Provisioning and setup
After a successful order we may need information from you before setup can be completed, including domain details, sender information, DNS changes, third-party API credentials or other configuration choices. Provisioning times depend on receiving the required information and on third-party systems that we do not control.
You are responsible for making sure information and credentials you provide are accurate and that you are authorised to use the relevant domains, mailboxes and third-party accounts.
6. Annual billing, renewals and discounts
Unless the checkout or written order clearly says otherwise, a yearly Email Foundry plan is a recurring annual subscription. Stripe or PayPal, depending on the payment route used for the order, may charge the payment method associated with the subscription on each renewal date until the subscription is cancelled.
Promotional or coupon discounts apply according to the terms shown for that promotion. A discount may apply to one payment or to recurring payments, depending on how the promotion is configured.
You can ask us about renewal or cancellation by contacting info@emailfoundry.co.uk. Where a cancellation takes effect at the end of a paid term, access may continue until that term ends unless we agree otherwise.
7. Refunds and cancellation
Any specific refund promise or cancellation period shown on the offer or checkout forms part of your order. Otherwise, refunds are considered in accordance with the nature of the service, work already carried out and any rights that apply by law. Contact info@emailfoundry.co.uk as soon as possible if you need to cancel an order or believe a payment has been made in error.
Nothing in these Terms restricts a refund or remedy that the law says must be provided.
8. Third-party services and integrations
Email Foundry can work with third-party services such as Stripe, PayPal, Postmark, Reoon, domain/DNS providers, analytics tools and other integrations. Unless your order expressly says that a third-party service or allowance is included, any separate third-party account, usage charge, credit allowance or provider fee is your responsibility.
Third-party services are governed by their own terms, limits and availability. We are not responsible for a third party changing its pricing, API, rules, acceptance policies or service availability, although we may update Email Foundry where reasonably practical to maintain compatibility.
9. Your responsibilities when sending email
You are responsible for the contacts, content and campaigns you send through your Email Foundry installation. You must:
- have a lawful basis and any permission required to use recipient data and send the relevant communication;
- comply with applicable privacy, direct-marketing, anti-spam, consumer-protection and electronic-communications laws;
- honour unsubscribes, suppression requests and other recipient preferences;
- keep sender identities, business information and message content accurate and not misleading;
- protect account credentials and promptly tell us about suspected unauthorised access; and
- avoid activity that is illegal, abusive, deceptive, malicious or likely to damage the reputation or operation of the service or connected networks.
10. Acceptable use
You must not use Email Foundry to distribute malware, phishing content, unlawful material, fraudulent offers, deliberately deceptive messages or content that infringes another person’s rights. You must not deliberately bypass sending controls, suppression systems, security restrictions or plan limits.
We may pause sending, restrict access or require corrective action where we reasonably believe activity creates a material security, legal, deliverability or infrastructure risk.
11. Deliverability and sending performance
Email delivery depends on factors outside Email Foundry, including list quality, sender reputation, DNS configuration, message content, recipient engagement, mailbox-provider policies, third-party delivery networks and internet conditions.
Features such as verification, throttling, warm-up, adaptive sending and authentication tools are designed to reduce avoidable risk, but we do not guarantee a particular inbox-placement rate, open rate, delivery rate, revenue result or acceptance by any receiving provider.
12. Availability, maintenance and changes
We aim to provide a reliable service, but maintenance, security work, software updates, provider outages and circumstances outside our control can occasionally interrupt availability. We may update, replace or improve features where this is reasonably necessary for security, compatibility, performance or continued operation.
We will not deliberately remove the core value of a paid plan during its current paid term without a reasonable operational reason or an appropriate alternative.
13. Backups
Where daily backups are included in your plan, they are a resilience measure rather than a substitute for all independent business-continuity arrangements. Restoration can depend on the nature of the failure, backup integrity and infrastructure availability. You remain responsible for keeping copies of business-critical exports or records where an independent copy is important to your organisation.
14. Intellectual property and licence
Email Foundry and its software, branding, design, documentation and underlying code remain protected by intellectual-property rights. Unless an order expressly grants different rights, purchase of a plan gives you a limited, non-exclusive right to use the supplied Email Foundry installation for your own organisation for the duration of the applicable licence or paid service term.
You may not resell, sublicense, redistribute or commercially reproduce Email Foundry itself unless we have agreed this in writing. Your own contact data, campaign content, branding and other material you upload remain yours or your licensors’ property.
15. Data and privacy
Our handling of personal information for this website, sales, billing and support is described in our Privacy Policy. You are responsible for the lawfulness of personal data you place into your Email Foundry installation and for giving any privacy information required to your own contacts and users.
16. Suspension and termination
We may suspend or terminate access where payment remains overdue, where use presents a serious security or legal risk, where the service is being used for prohibited activity, or where there is a material breach of these Terms that is not remedied after reasonable notice where notice is appropriate.
On expiry or termination, access to hosted or managed components may end. If you need an export of customer-controlled data, contact us before the service ends so we can explain the options available for the relevant installation.
17. Liability
Nothing in these Terms excludes or limits liability where it would be unlawful to do so, including liability for fraud, fraudulent misrepresentation, or death or personal injury caused by negligence where applicable.
Subject to the paragraph above, we are not liable for indirect or consequential loss, loss of profit, loss of anticipated savings, loss caused by unlawful or poor-quality recipient data, mailbox-provider decisions, or failures of third-party services outside our reasonable control.
To the maximum extent permitted by law, our total liability arising from the affected Email Foundry service will not exceed the amount you paid us for that service during the 12 months immediately before the event giving rise to the claim.
18. Events outside our control
We are not responsible for delay or failure caused by events outside our reasonable control, including major internet or hosting failures, attacks on third-party infrastructure, provider outages, changes imposed by mailbox providers or regulators, natural events or other force-majeure circumstances.
19. Changes to these Terms
We may update these Terms to reflect changes to the service, suppliers, security requirements or law. The current version will be published on this page. Changes will not retrospectively remove rights already accrued under an existing order.
20. Governing law
These Terms are governed by the laws of England and Wales. The courts of England and Wales will have jurisdiction, subject to any mandatory rule that gives a customer another right that cannot lawfully be excluded.
21. Contact
Questions about these Terms can be sent to info@emailfoundry.co.uk.