Terms of Service

These Terms of Service (“Terms”) govern access to and use of Egressif LLC’s websites and professional services (collectively, the “Services”). By accessing our site, requesting a proposal, or executing an Order Form or Statement of Work (“Order” or “SOW”), you agree to these Terms. If you are entering into these Terms on behalf of an entity, you represent that you have authority to bind that entity.

Contract stack & order of precedence: In case of conflict: Special Terms (if any) → Order/SOW → Master Services Agreement (MSA) → these Terms → DPA/SLA → AUP → Privacy Policy.

1) Services & Scope

1.1 Scope. Egressif provides email infrastructure enablement: domain setup and verification, DNS authentication (SPF/DKIM/DMARC), provisioning of mailboxes (if explicitly authorized), deliverability advisory, campaign build support, ongoing monitoring, and reporting, as detailed in the applicable Order/SOW.

1.2 Service Levels. If an SLA is attached to your Order/SOW, those service levels apply. If no SLA is attached, Egressif will use commercially reasonable efforts without specific uptime/response guarantees.

1.3 Maintenance. Egressif may schedule up to three (3) business days per calendar quarter of planned maintenance per Client environment with at least seventy-two (72) hours’ notice. Emergency maintenance may occur as necessary with prompt notice.

1.4 Third-Party Services. Certain features depend on third-party providers (e.g., Google Workspace, Microsoft 365/Graph, SendGrid, Amazon SES, Mailgun, Postmark). Egressif is not liable for outages or failures caused solely by such third parties, but will provide commercially reasonable support to mitigate impact.

2) Accounts, Access & Configuration Authority

2.1 Client Systems. Unless otherwise agreed in writing, Clients retain control over their platforms and data. Where Client authorizes Egressif limited access (least privilege, time-bound) to Client or third-party systems to deliver the Services, Client is responsible for maintaining valid licenses and lawful data use.

2.2 Configuration Authority. Client warrants it has the legal right to add/list/update/delete domains, users/mailboxes, API keys, webhooks, and to modify related settings in each platform. Client instructs Egressif to perform such actions solely for the purposes stated in the SOW.

2.3 No Content Access. Egressif does not access or store email message bodies or mailbox contents. OAuth/API permissions and provider roles are limited to identity, domain, mailbox provisioning, configuration, logs/metrics, webhooks, and account status. See Privacy Policy Annex A for the permissions catalog.

3) Acceptable Use Policy (AUP)

3.1 Zero-tolerance on spam. Client will not use the Services (or any configured provider) to send unsolicited or unwanted emails, harvest addresses, use purchased/rented/append lists, mislead recipients, or evade mailbox-provider or ESP rules.

3.2 Mailbox-Provider & ESP Rules (incorporated by reference). Client must comply with: (i) Gmail sender requirements (including 2024 bulk-sender rules); (ii) Google Workspace Acceptable Use Policy; (iii) Microsoft platform and Graph policies; (iv) AWS AUP and SES Service Terms; (v) Twilio SendGrid Email Policy & Prohibited Content; (vi) Mailgun AUP; and (vii) Postmark Terms/AUP. If any provider’s rules are stricter than these Terms, the stricter rules apply.

3.3 Positive sender requirements (mandatory). Client will:

• Use double opt-in for all marketing lists. Transactional email must be based on a prior transaction/contract; no marketing in transactional streams.
• Honor unsubscribes within 2 business days and include a one-click unsubscribe link in every commercial message, plus the List-Unsubscribe header where supported; provide a working physical mailing address and a link to Client’s privacy policy.
• Authenticate and align domains: SPF and DKIM must pass; DMARC must be in place for sending domains; the visible From: domain must align with authenticated domains.
• Maintain suppression lists (unsubscribes, bounces, complaints) and never re-add suppressed contacts.
• Keep complaint rate ≤ 0.3% per mailbox provider and hard bounces ≤ 5% per campaign; promptly remediate root causes.
• Send over TLS, use valid reverse DNS/PTR and HELO/EHLO, and conform to RFC email formatting standards.
• Avoid sensitive data (e.g., credentials, financial numbers, PHI) and illegal or restricted content.

3.4 List provenance & consent records. Upon Egressif’s reasonable request or a provider inquiry, Client will promptly provide documented evidence of consent (time/date, source, method), data source details, and segmentation criteria for any send. Failure to provide proof may result in immediate suspension.

3.5 Deliverability/Abuse thresholds (enforcement). Egressif may throttle, pause, or require remediation if, on a send or rolling 7-day window: (i) hard bounces > 5%; (ii) spam complaints > 0.3% at any major mailbox provider; (iii) spam-trap hits or major blocklistings are detected; (iv) abusive patterns appear (snowshoeing, forged headers, evasion); or (v) provider terms require action.

3.6 Remediation toolkit. Egressif may require list hygiene, re-permissioning (new double opt-in), content and cadence changes, domain/IP rotation, DMARC/SPF/DKIM fixes, webhook/API-key rotation, or DNS corrections. Persistent violations may result in suspension or termination without refund.

3.7 B2B focus. Unless otherwise agreed in writing and legally compliant, Client will send B2B communications only and will not target consumers or minors.

3.8 No content access by Egressif. Egressif does not read or store message bodies. Client bears full responsibility for content legality and appropriateness.

3.9 Cooperation with providers. Client authorizes Egressif to communicate with providers (e.g., Google, Microsoft, AWS, SendGrid, Mailgun, Postmark) to remediate issues, and will timely implement requested changes.

See also our Report Abuse page for reporting suspected violations of this AUP.

4) Fees & Payment

4.1 Invoices. Unless otherwise stated in the Order/SOW, invoices are due upon receipt and delinquent after 15 calendar days. Fees are exclusive of taxes; Client is responsible for applicable taxes.

4.2 Late & Suspension. Late amounts accrue 1.5% per month (or the maximum lawful rate). Egressif may suspend Services for invoices more than 15 days past due and terminate for invoices more than 30 days past due after written notice.

4.3 Remittance Instructions. Payments must be made to the remittance account specified on Egressif invoices. Egressif will not change remittance instructions except via updated invoices sent from @egressif.io. Client is responsible for verifying any change.

4.4 Card Surcharge (B2B only). If Client requests payment by credit card, a processing surcharge may apply as disclosed on the invoice and where permitted by law.

5) Data Protection, OAuth & Privacy

5.1 Roles. For website/business interactions, Egressif acts as a Controller. For Client Data processed to provide the Services, Egressif acts as a Processor and the Client is the Controller.

5.2 No Content Processing. Egressif does not read or store message bodies. Client is solely responsible for the legality and content of emails sent through third-party providers.

5.3 OAuth/API Permissions. For Google Workspace and Microsoft 365, Egressif requests least-privilege OAuth/Graph scopes and roles to perform domain and mailbox administration, logs/metrics access, webhook configuration, and settings updates. Tokens are stored only as needed and encrypted at rest; revocation deletes tokens within a reasonable period. We adhere to Google’s API Services User Data Policy (Limited Use) and Microsoft platform policies.

5.4 DPA & Privacy Policy. Where Egressif processes Personal Data on Client’s behalf, the Data Processing Addendum (DPA) governs. The Privacy Policy describes data handling, security, and revocation/deletion.

6) Intellectual Property

6.1 Ownership. Egressif retains all right, title, and interest in its pre-existing tools, templates, playbooks, and know-how (“Background IP”). Subject to full payment, Client owns custom copy and campaign assets created specifically for Client (“Foreground IP”).

6.2 Licenses. Egressif grants Client a non-exclusive, perpetual, worldwide, royalty-free license to use any Background IP embedded in Foreground IP solely as needed to exploit the Foreground IP. Client grants Egressif a limited license to use Client content solely to provide the Services.

6.3 Domains/Infrastructure. Domains, IP addresses, and infrastructure provisioned by Egressif remain Egressif property unless expressly purchased by Client in an Order/SOW. Upon termination, Egressif will provide transition assistance under §10.

7) Warranties & Disclaimers

7.1 Mutual. Each Party represents it has the authority to enter into the Agreement and will comply with applicable laws.

7.2 Deliverability/Performance. THE SERVICES ARE PROVIDED “AS IS”. EGRESSIF DOES NOT WARRANT THAT EMAILS WILL AVOID SPAM FILTERS OR ACHIEVE SPECIFIC PERFORMANCE OR INBOX PLACEMENT.

7.3 No Legal Advice. Deliverability guidance is not legal advice. Client is solely responsible for legal compliance, including anti-spam and privacy laws.

8) Indemnification

8.1 By Client. Client will indemnify and hold harmless Egressif and its affiliates against third-party claims arising from (i) Client content or directives, (ii) Client’s breach of these Terms/AUP or platform terms, or (iii) Client’s violation of law or third-party rights.

8.2 By Egressif. Egressif will indemnify and hold harmless Client against third-party claims alleging that the Services, as provided by Egressif (excluding Client content or configurations), infringe any U.S. intellectual property right, or arising solely from Egressif’s gross negligence or willful misconduct. Remedies may include modifying the Services, procuring rights, or terminating the affected portion with a pro-rata refund.

8.3 Procedure. The indemnified Party must give prompt written notice, reasonable cooperation, and grant control of the defense to the indemnifying Party. No settlement imposing obligations on the indemnified Party without consent.

9) Limitation of Liability

EXCEPT FOR (A) CLIENT’S PAYMENT OBLIGATIONS, (B) BREACH OF CONFIDENTIALITY, AND (C) EACH PARTY’S INDEMNITY OBLIGATIONS FOR THIRD-PARTY CLAIMS, NEITHER PARTY’S AGGREGATE LIABILITY WILL EXCEED THE FEES PAID OR PAYABLE BY CLIENT TO EGRESSIF IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY. NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY.

10) Term, Termination & Transition

10.1 Term. Unless otherwise specified in the Order/SOW, the Initial Term is one (1) month from the Effective Date and auto-renews for successive one-month terms unless either Party gives written non-renewal at least ten (10) days before the end of the then-current Term.

10.2 Termination for Convenience. Either Party may terminate for convenience effective at the end of a Term with the notice above.

10.3 Termination for Cause. Either Party may terminate for material breach not cured within fifteen (15) days of written notice. Egressif may suspend or terminate for payment default per §4.

10.4 Effect; Transition. Upon termination, all unpaid amounts are due. Egressif will provide up to 10 hours of reasonable transition assistance until the end of the then-current billing cycle at no additional charge (e.g., export of configs, DNS records checklist). Additional assistance is by mutual agreement at standard rates.

11) Compliance & Platform Alignment

11.1 Laws. Client is solely responsible for compliance with all applicable laws and regulations (including CAN-SPAM, ePrivacy, GDPR/UK GDPR, CCPA/CPRA, CASL, KVKK) and for maintaining a lawful basis (e.g., consent) where required.

11.2 Provider policies (incorporated). Client agrees to follow: Gmail sender requirements; Google Workspace AUP; Google API Services User Data Policy; Microsoft Developer & APIs Terms including Graph policies; AWS AUP and Service Terms (SES); Twilio SendGrid Email Policy and Prohibited Content; Mailgun AUP; Postmark Terms/AUP. Violations may require immediate mitigation, throttling, or suspension.

11.3 Quotas & enforcement. Providers impose sending quotas, rate limits, and enforcement mechanisms (e.g., production access, warm-up caps). Egressif cannot override such limits and is not liable for their enforcement.

11.4 Proof of compliance. On reasonable notice tied to a deliverability/abuse inquiry, Client will provide evidence of compliance (consent records, unsubscribe handling, suppression procedures). This is not an audit of Egressif systems; it is limited to Client’s list provenance and compliance artifacts.

11.5 Sanctions/Export. Client represents it is not a sanctioned party and will not use the Services in prohibited jurisdictions or for prohibited end uses.

11.6 Survival. Compliance obligations and AUP provisions survive termination.