Terms of Service for Super Mailer

1. The Service

Super Mailer is a software-as-a-service platform that allows users ("Users," "you") to:

• Securely connect their Google Account.
• Upload lists of recipients containing names, email addresses, and additional personalized information ("User Content").
• Use artificial intelligence (AI), specifically Google's Gemini API, to generate personalized email content based on the provided User Content.
• Send these generated emails to their recipients through their connected Google Account via the Gmail API.

2. User Accounts

Registration:

To use the Service, you must register for an account by authenticating with your Google Account. You authorize us to access certain information from your Google Account, such as your name, email address, and profile picture, as described in our Privacy Policy.

Account Responsibility:

You are solely responsible for all activities that occur under your account. You must maintain the security of your Google Account and immediately notify us at support@super-mailer.app of any unauthorized use or security breach.

3. User Responsibilities and Acceptable Use Policy

Your use of the Service is conditional upon your adherence to this Acceptable Use Policy.

A. Responsibility for User Content:

You are solely responsible for the accuracy, legality, and quality of the recipient lists and any other information you upload to the Service ("User Content"). You represent and warrant that you have obtained all necessary rights, permissions, and consents to email the individuals on your recipient lists in compliance with all applicable laws.

B. Prohibited Activities:

You agree not to use the Service to:

• Send Spam: Send any form of unsolicited, duplicative, or unauthorized commercial email. You must comply with all applicable anti-spam laws, including but not limited to the CAN-SPAM Act and GDPR.
• Violate Laws: Engage in any activity that is illegal, fraudulent, or violates the rights of others. This includes violating privacy laws, data protection regulations (like GDPR), or intellectual property rights.
• Send Malicious or Harmful Content: Transmit any material that contains viruses, Trojan horses, worms, or any other harmful or malicious code.
• Engage in Phishing or Deception: Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity. Do not use the service for phishing, pharming, or any other deceptive practices.
• Send Abusive or Offensive Content: Generate or send content that is harassing, defamatory, libelous, obscene, pornographic, threatening, or hateful.
• Interfere with the Service: Attempt to disrupt, damage, or gain unauthorized access to the Service, its servers, or any connected network. This includes reverse-engineering any part of the Service.

C. Responsibility for AI-Generated Content:

You acknowledge that the Service uses a third-party generative AI to create email content. You understand and agree that:

• You are solely responsible for reviewing, editing, and approving all content generated by the AI before sending it.
• AI-generated content may contain errors, inaccuracies, or be inappropriate for your intended audience.
• You assume all risks and liability associated with the content you choose to send using the Service.

We reserve the right to investigate any violation of this policy. We may suspend or terminate your account immediately and without notice if we determine, in our sole discretion, that you have violated these Terms.

4. Credits and Payment

• Credits: The Service operates on a credit-based system. Sending emails requires credits, which may be provided as a free trial or purchased.
• Payments: All fees for purchased credits are due in advance. All payments are non-refundable. All payments are processed by Stripe.
• Pricing: We reserve the right to change the pricing for credits at any time. Price changes will be posted on our website and will not affect credits you have already purchased.

5. Intellectual Property Rights

Our Intellectual Property:

We (Stable Co.) own all rights, title, and interest in and to the Service, including all related software, code, branding, and visual interfaces. These Terms do not grant you any rights to our trademarks or other intellectual property.

Your Intellectual Property:

You retain all ownership rights to your User Content. By using the Service, you grant us a limited, non-exclusive, worldwide, royalty-free license to use, process, and transmit your User Content solely for the purpose of providing the Service to you. The final, generated email content created at your direction is your property.

6. Reliance on Third-Party Services

The Service is dependent on the proper functioning of third-party services, including Google (for authentication, Gmail API, and Gemini API) and our hosting providers. We are not responsible for any interruption, delay, or failure of the Service resulting from the failure of these third-party services.

7. Termination

Termination by You:

You may terminate your account at any time by contacting us at support@super-mailer.app.

Termination by Us:

We reserve the right to suspend or terminate your access to the Service at any time, with or without cause. We will terminate your account immediately and without notice if you breach the Acceptable Use Policy (Section 3). Upon termination, your right to use the Service will cease immediately, and we may delete your account and associated data in accordance with our data retention policy.

8. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

SPECIFICALLY, REGARDING AI-GENERATED CONTENT, YOU ACKNOWLEDGE AND AGREE THAT WE DO NOT GUARANTEE THE QUALITY, ACCURACY, FACTUAL CORRECTNESS, APPROPRIATENESS, OR ORIGINALITY OF ANY TEXT GENERATED BY THE AI. THE AI-GENERATED CONTENT IS PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY WARRANTY. WE DISCLAIM ALL RESPONSIBILITY AND LIABILITY FOR ANY ISSUES ARISING FROM THE CONTENT OF THE EMAILS YOU SEND, INCLUDING BUT NOT LIMITED TO, FACTUAL ERRORS, OFFENSIVE LANGUAGE, UNINTENDED MEANINGS, OR ANY OTHER NEGATIVE CONSEQUENCES.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL STABLE CO., ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, OR DIRECTORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICE. INCLUDING ANY LIABILITY STEMMING FROM THE CONTENT OF AI-GENERATED EMAILS YOU CHOOSE TO SEND.

OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM OR RELATING TO THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT OF FEES YOU PAID TO US IN THE THREE (3) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

10. Indemnification

You agree to defend, indemnify, and hold harmless Stable Co. and its affiliates from and against any claims, liabilities, damages, judgments, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Service, including, but not limited to, your User Content, the content of any AI-generated emails you send, any claim that you violated applicable anti-spam or data privacy laws.

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Pa, USA, without regard to its conflict of law principles. Any legal suit, action, or proceeding arising out of these Terms or the Service shall be instituted exclusively in the federal or state courts located in Doylestown, Pa, USA.

12. Changes to These Terms

We reserve the right to modify these Terms at any time. We will provide notice of any material changes by posting the new Terms on our website and updating the "Last Updated" date. Your continued use of the Service after such changes constitutes your acceptance of the new Terms.

13. Contact Us

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

• Company: Stable Co.
• App Name: Super Mailer
• Website: https://super-mailer.app
• Email: support@super-mailer.app