Effective Date: June 1st 2025
1. Introduction
Welcome to Top Deliverability Ltd’s Deliverability.Email ("we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of our website, Deliverability.Email (the "Site"), and the email deliverability troubleshooting tools offered through the Site (the "Services"). By accessing or using the Site or Services, you agree to be bound by these Terms. If you do not agree to these Terms, do not access or use the Site or Services.
2. Use of Services
- Description of Services: We provide tools to assist email marketers, consultants, and agencies in troubleshooting email deliverability issues. These tools primarily function through DNS queries and analysis of provided email content. We do not guarantee successful email delivery.
- Eligibility: You must be at least 18 years of age and have the legal capacity to enter into a contract.
- Acceptable Use: You agree not to use the Services for any illegal or unauthorized purpose. You agree not to misuse, abuse, or engage in any suspicious activity related to the Services. "Misuse" includes, but is not limited to, attempting to access unauthorized areas or using the Services to send spam, etc.
- Service Modifications: We reserve the right to modify or discontinue the Services at any time.
3. Fees, Payment, and Refund Policy
- Fees and Payment: Subscription Plans are billed in advance. Should you upgrade or downgrade your Subscription Plan, your payment method will be charged your new billing rate immediately, and then at each subsequent billing period unless you cancel your account. We reserve the right to issue credit for a User and bill the User monthly for payment related to a Subscription Plan.
- Refund Policy:
- All payments are processed via Paddle, our payment provider.
- If you are a Consumer, you have the right to cancel your purchase and request a refund within 14 days of completing your initial transaction, without giving any reason, provided you have not started downloading, streaming, or otherwise acquiring the digital content or services.
- To exercise your right of cancellation within 14 days, you must contact Paddle directly.
- If you begin using the Services (i.e., download, stream, or otherwise access the digital content or tools), you acknowledge and consent that you lose your right to a refund for that period, in accordance with Paddle’s Buyer Terms.
- Refunds are processed using the same payment method as the original transaction and will be made within 14 days of Paddle being informed of your decision to cancel.
- For subscription services, the 14-day right to cancel applies only to the initial subscription and not to subsequent automatic renewals.
- Refunds may be refused in cases of fraud, refund abuse, or other manipulative behavior as determined by Paddle.
- For further details, please refer to Paddle’s Buyer Terms.
4. Intellectual Property
All content on the Site and Services, including but not limited to design, logos, software, and text, is the property of Top Deliverability Ltd. We grant you a limited, non-exclusive, non-transferable license to use the Services for their intended purpose. This license does not grant you any rights to our trademarks or logos.
5. User Content
Users may provide email content for analysis. You represent that you have all necessary rights to provide this content. We do not claim ownership of this content, but you grant us a non-exclusive license to use it solely for the purpose of providing the Services.
6. Third-Party Services
We use third-party services for analytics (Plausible), authentication (Hanko.io), and payments (Paddle). Your use of the Services is subject to the terms and privacy policies of these third parties:
- https://plausible.io/terms
- https://plausible.io/privacy
- https://www.hanko.io/terms
- https://www.hanko.io/privacy
- https://www.paddle.com/legal/terms
- https://www.paddle.com/legal/privacy
7. Disclaimer of Warranties
The Services are provided "as is" and without any warranties, express or implied. We do not warrant that the Services will be uninterrupted, error-free, or that any results obtained from the use of the Services will be accurate or reliable. Specifically, we do not guarantee email deliverability.
8. Limitation of Liability
To the maximum extent permitted by law, we will not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Services, even if we have been advised of the possibility of such damages. Our total liability to you for any claim arising out of or related to these Terms or the Services will not exceed the amount you paid for the Services in the past 12 months.
9. Indemnification
You agree to indemnify and hold us harmless from any claims, damages, or expenses (including attorney's fees) arising out of your use of the Services, your violation of these Terms, or your infringement of any intellectual property rights.
10. Governing Law
These Terms will be governed by and construed in accordance with the laws of the Republic of Ireland.
11. Dispute Resolution
Any disputes arising from these Terms and Conditions shall be settled by arbitration in London. The governing law shall be the substantive laws of the Republic of Ireland, and disputes will be resolved in accordance with Irish jurisdiction.
12. Termination
We reserve the right to suspend or terminate your access to the Services at any time for misuse, abuse, or suspicious activity, as determined by us in our sole discretion.
13. Entire Agreement
These Terms constitute the entire agreement between you and us regarding the Services.
14. Contact Information
Top Deliverability Limited - support@topdeliverability.com
15. Changes to Terms
We may make changes to this Agreement from time to time in Our sole discretion. When these changes are made, we will make a new copy of the Agreement available to you through the Site. Your use of the Services after the date on which the updated Agreement is made available to you through the Site constitutes your acceptance of the updated Agreement. If you disagree with changes to the Services or updates to the Agreement, your exclusive remedy is: (i) if you are a casual visitor, to stop visiting the Site; or (ii) if you are a Consumer, to cancel your Account. We reserve the right to terminate, block, or restrict your access to or use of the Site or Services for any breach or violation of this Agreement.
Privacy Policy: https://deliverability.email/privacy/
