Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Skagway.tech ("Company," "we," "us," or "our") regarding your use of the SparkMailr email API platform (the "Service").

By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access the Service.

2. Service Description

2.1 What We Provide

SparkMailr is an email API platform that provides:

• REST API for sending transactional emails
• Software Development Kits (SDKs) for multiple programming languages
• Email delivery tracking and analytics
• Webhook notifications for email events
• Web dashboard for account management
• Customer support and documentation

2.2 Service Availability

We strive to maintain 99.9% uptime for our Service, but we do not guarantee uninterrupted access. We may perform scheduled maintenance and updates that may temporarily affect Service availability.

2.3 Service Limitations

Our Service is subject to the following limitations:

• Rate limits as specified in your plan
• Monthly email volume limits based on your subscription
• Technical limitations inherent to email delivery
• Compliance with applicable laws and regulations

3. User Responsibilities

3.1 Account Requirements

To use our Service, you must:

• Provide accurate and complete registration information
• Maintain the security of your account credentials
• Notify us immediately of any unauthorized use of your account
• Be at least 18 years old or have parental consent
• Comply with all applicable laws and regulations

3.2 Acceptable Use

You may use our Service only for lawful purposes and in accordance with these Terms. You agree to:

• Use the Service in compliance with all applicable laws
• Respect the rights of others and not infringe on their intellectual property
• Maintain the confidentiality of your API keys and account information
• Use appropriate security measures to protect your data
• Monitor your usage and stay within your plan limits

3.3 Prohibited Uses

You may not use our Service:

• For any unlawful purpose or to solicit others to perform unlawful acts
• To send spam, unsolicited commercial email, or bulk email without proper consent
• To transmit viruses, malware, or other harmful code
• To impersonate any person or entity or misrepresent your affiliation
• To collect or harvest personal information from others
• To interfere with or disrupt the Service or servers
• To attempt to gain unauthorized access to any part of the Service
• For any purpose that violates applicable data protection laws

4. Payment and Billing

4.1 Pricing and Payment

Our Service is offered on a subscription basis with pricing as published on our website. All prices are in USD unless otherwise specified. You agree to pay all fees associated with your subscription plan.

4.2 Billing Terms

• Fees are billed in advance on a monthly or annual basis
• Payment is due immediately upon billing
• We accept major credit cards and other payment methods as specified
• You are responsible for all taxes, duties, and fees associated with your use of the Service
• We may change our pricing with 30 days' notice

4.3 Refunds and Cancellation

• You may cancel your subscription at any time through your account dashboard
• Cancellation takes effect at the end of your current billing period
• We offer a 30-day money-back guarantee for new customers
• Refunds are processed within 5-10 business days
• No refunds for partial months or unused services

5. Intellectual Property

5.1 Our Rights

The Service and its original content, features, and functionality are owned by Skagway.tech and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

5.2 Your Content

You retain ownership of any content you send through our Service. By using our Service, you grant us a limited, non-exclusive license to process, transmit, and deliver your content as necessary to provide the Service.

5.3 Feedback

Any feedback, comments, or suggestions you provide regarding the Service may be used by us without any obligation to compensate you.

6. Privacy and Data Protection

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our Service, you consent to the collection and use of information as described in our Privacy Policy.

We implement appropriate technical and organizational measures to protect your data and comply with applicable data protection laws, including GDPR and CCPA.

7. Service Level Agreement

7.1 Uptime Commitment

We commit to maintaining 99.9% uptime for our Service, measured monthly. Downtime does not include scheduled maintenance or circumstances beyond our reasonable control.

7.2 Service Credits

If we fail to meet our uptime commitment, you may be eligible for service credits as follows:

• 99.0% - 99.9% uptime: 5% service credit
• 95.0% - 99.0% uptime: 10% service credit
• Below 95.0% uptime: 25% service credit

7.3 Support Response Times

• Free Plan: Best effort (no SLA)
• Pro Plan: 24 hours for non-critical issues
• Business Plan: 8 hours for non-critical issues
• Enterprise Plan: 4 hours for all issues

8. Limitation of Liability

8.1 Disclaimer of Warranties

THE SERVICE IS 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, AND NON-INFRINGEMENT.

8.2 Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SKAGWAY.TECH BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

8.3 Maximum Liability

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US FOR THE SERVICE IN THE TWELVE MONTHS PRECEDING THE CLAIM.

9. Indemnification

You agree to defend, indemnify, and hold harmless Skagway.tech and its officers, directors, employees, and agents from and against any claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including attorney's fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party right, including privacy or intellectual property rights
• Any content you submit, post, or transmit through the Service

10. Termination

10.1 Termination by You

You may terminate your account at any time by canceling your subscription through your account dashboard or by contacting us directly.

10.2 Termination by Us

We may terminate or suspend your account immediately if:

• You breach these Terms
• You fail to pay fees when due
• We suspect fraudulent or illegal activity
• We discontinue the Service

10.3 Effect of Termination

Upon termination, your right to use the Service will cease immediately. We may delete your account and data after a reasonable period, subject to our data retention policies.

11. Governing Law and Disputes

11.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.

11.2 Dispute Resolution

Any disputes arising out of or relating to these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

11.3 Class Action Waiver

You agree that any arbitration or court proceeding shall be limited to the dispute between you and us individually. You waive any right to participate in class action lawsuits or class-wide arbitration.

12. General Provisions

12.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Service.

12.2 Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

12.3 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

12.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.

12.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, or government actions.

13. Contact Information

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