SMTP Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the SMTP service (the
“Service”) operated by Brainstorm Force US LLC (“Company”, “we”, “us”, “our”). By accessing or
using the Service, you (“Customer”, “you”, “your”) agree to be bound by these Terms.

If you do not agree to these Terms, you may not access or use the Service.

1. Definitions

Service: The SMTP email delivery service, including all related APIs, dashboards, integrations, and documentation.

Customer Content: All content submitted by you to the Service, including but not limited to email messages, recipient lists, templates, subject lines, sender identities, and metadata.

Recipient: Any individual or entity to whom Customer Content is delivered through the Service.

Outbound Message: Any email message sent through the Service to a Recipient.

Sending Domain: A domain owned by you and configured for sending through the Service.

Account: Your registered user account, organization, or workspace within the Service.

2. Account Registration

2.1 Eligibility

You must be at least 18 years of age and legally able to enter into binding contracts under the laws of your jurisdiction to use the Service.

2.2 Accurate Information

You agree to provide accurate, current, and complete information during registration and to keep your Account information updated.

2.3 Account Security

You are responsible for safeguarding your Account credentials and for any activity that occurs under your Account. Notify us immediately of any unauthorized use.

2.4 Multiple Accounts

You may create and operate multiple Accounts (including under different teams, brands, or projects). Accounts created solely to evade an active suspension or to abuse free-tier resources at unreasonable scale may be reviewed and consolidated at our discretion.

3. Acceptable Use Policy

By using the Service, you agree NOT to send any Outbound Message that:

3.1 Prohibited Content

Promotes or distributes malware, viruses, ransomware, trojans, spyware, or other harmful code
Attempts phishing, credential harvesting, or social engineering
Contains or links to child sexual abuse material
Promotes terrorism, violence, or hate speech
Infringes the intellectual property rights of any third party
Contains fraudulent, deceptive, or misleading subject lines or content
Impersonates any person, business, or entity you are not authorized to represent
Promotes adult content, gambling, illegal substances, or weapons in jurisdictions where such promotion is unlawful
Violates any applicable law, regulation, or third-party right

3.2 Prohibited Practices

You may NOT:

Send to recipients without their explicit, verifiable opt-in consent. Valid consent requires either (a) an unchecked opt-in checkbox that the recipient affirmatively ticks themselves at the point of subscription, or (b) confirmed (double) opt-in via a follow-up confirmation message. Pre-checked boxes, implied consent, and “by using the service you agree” patterns are NOT valid consent under GDPR, CASL, or these Terms.
Send any form of cold outreach or unsolicited email to recipients who have not affirmatively requested communication from you. Cold email, prospecting, and “introduction” emails to non-opted-in recipients are strictly prohibited regardless of how recipient addresses were obtained.
Send to purchased, rented, scraped, harvested, or otherwise non-opt-in email lists
Send to recipients who have unsubscribed, complained, hard-bounced, or otherwise indicated they no longer wish to receive your messages
Send without a clear, functional unsubscribe mechanism in every promotional message
Send without a valid physical postal address in promotional messages (per CAN-SPAM and similar laws)
Falsify or obscure the From, Sender, Reply-To, or any other header information
Circumvent or attempt to circumvent sending limits, throttling, or rate controls
Use the Service to send mail through someone else’s domain without authorization
Scrape, reverse-engineer, or attempt to extract source code from the Service
Use automated systems to create Accounts or generate traffic in ways not authorized by us
Resell or sublicense the Service without written agreement

3.2.1 Affiliate Marketing

Affiliate marketing campaigns are permitted under these Terms provided that:

All recipients have given explicit opt-in consent to receive promotional emails from the affiliate sender
The From and Sender headers clearly identify the actual sending party
Affiliate offers are not deceptive, misleading, or in conflict with Section 3.1 (Prohibited Content)
All affiliated content includes the required physical address, unsubscribe link, and accurate identifying information

3.3 Required Compliance

You agree to comply with all applicable laws and regulations governing electronic mail, including but not limited to:

CAN-SPAM Act (United States)
GDPR (European Union)
CASL (Canada)
PECR (United Kingdom)
Privacy Act 1988 (Australia)
Any other applicable anti-spam, data protection, and consumer protection laws in jurisdictions where you operate or send mail

You are solely responsible for ensuring that your sending practices comply with all applicable laws in every jurisdiction you reach.

4. Sender Authentication Requirements

4.1 Domain Verification

Before sending Outbound Messages, you must:

Verify ownership of your Sending Domain via DNS-based verification
Configure SPF (Sender Policy Framework) records as instructed
Configure DKIM (DomainKeys Identified Mail) signing as instructed
Configure DMARC (Domain-based Message Authentication, Reporting, and Conformance) records aligned with your sending practices

4.2 Maintaining Authentication

You are responsible for maintaining valid SPF, DKIM, DMARC, and Return-Path DNS configuration for the duration of your use of the Service. We will not be liable for delivery failures or reputation damage caused by misconfigured or removed authentication records.

4.3 Reverse DNS

For dedicated IP customers, reverse DNS (PTR) records must be configured to match the assigned hostname. We will provide the hostname; you are responsible for updating PTR records at your hosting provider when applicable.

5. Sending Limits and Rate Controls

5.1 Tier Limits

Sending volume, daily limits, monthly limits, and per-minute throttle rates are determined by your subscription plan. Current limits are published in our pricing documentation and may be enforced via automated rate limiting.

5.2 IP Warmup

For dedicated IP customers, new IPs require a warmup period during which sending volume is incrementally increased. You agree to follow our recommended warmup schedule. Failure to follow warmup guidance may result in blocklist hits, reputation damage, and service degradation, for which we will not be liable.

5.3 Throttling and Pausing

We may automatically throttle, pause, or quarantine sending from specific IPs or Accounts when, in our sole discretion, sending behavior poses a risk to deliverability for you or other customers.

Examples include but are not limited to:

Receiving servers (Gmail, Outlook, Yahoo, etc.) return throttle or temporary deferral responses
Bounce rates, complaint rates, unsubscribe rates, or block rates exceed industry-standard expectations as determined by us
New or unresolved blocklist listings are detected on the sending IP or domain
Other deliverability protection rules are triggered

You acknowledge that these protective actions are necessary to preserve service quality for all customers and that you have no claim against us for delivery delays caused by such measures. The applicable thresholds reflect prevailing standards from major mailbox providers and industry consensus, which may evolve over time without amendment to these Terms.

5.4 Bounce Handling

We automatically suppress recipient addresses that hard-bounce, soft-bounce repeatedly, or generate spam complaints. You may not attempt to remove addresses from the suppression list except for documented legitimate reasons.

6. Deliverability Disclaimer

6.1 Best Effort, No Guarantee

We provide email delivery infrastructure on a best-effort basis. We do NOT guarantee:

That any specific Outbound Message will be delivered to a recipient’s inbox (vs. spam folder)
That any specific Outbound Message will be accepted by the recipient’s mail server
Any specific delivery time
Any specific open rate, click rate, or engagement metric

6.2 Third-Party Decisions

Inbox placement is ultimately determined by recipient mailbox providers (Google, Microsoft, Yahoo, Apple, and others) based on their own filtering algorithms, blocklists, and policies that are outside our control.

6.3 IP Reputation

Shared IP pool customers acknowledge that IP reputation is affected by all customers using the pool. We monitor and act to protect pool reputation, but we cannot guarantee that other customers’ behavior will not occasionally affect deliverability.

6.4 Customer Responsibility

Your deliverability is primarily determined by:

The quality of your recipient list
Your sending frequency and consistency
Your content quality (subject lines, content, links)
Your engagement rate (opens, clicks, replies)
Your bounce and complaint rate
Your sender authentication configuration

We provide tools and guidance, but cannot fix poor list quality or content on your behalf.

7. Customer Content and Data

7.1 Ownership

You retain all rights to your Customer Content. We do not claim ownership over your recipient lists, templates, or email content.

7.2 License to Operate

You grant us a limited, non-exclusive, royalty-free license to host, transmit, process, and store your Customer Content solely as necessary to provide the Service.

7.3 Data Storage

We store the following data:

Account and billing information
Sending domain configurations and DKIM keys
Recipient lists you upload or import
Outbound Message metadata (recipient, subject, timestamp, delivery status)
Engagement data (opens, clicks, unsubscribes)
Message content for a defined retention period
Suppression lists

7.4 Data Retention

Default retention periods are:

Message metadata and delivery logs: 30 days
Engagement data: 12 months
Suppression lists: indefinite (required for compliance)
Account data: for the duration of your Account plus 30 days

Custom retention periods may be available on enterprise plans.

7.5 Data Privacy

We process personal data in accordance with our Privacy Policy. For customers subject to GDPR or other data protection laws, a Data Processing Agreement (DPA) is available upon request.

7.6 Data Export and Deletion

You may export your Customer Content via the API or dashboard at any time. Upon Account termination, your data will be deleted within 30 days, except where retention is required by law or for legitimate business purposes (e.g., suppression lists).

8. Pricing, Billing, and Payment

8.1 Subscription Plans

The Service is offered under various subscription plans with different sending limits, features, and pricing. Current pricing is available at https://surecontact.com/smtp/.

8.2 Billing

Subscription fees are billed in advance on a monthly or annual basis as selected at signup. Usage-based charges (overages, dedicated IPs) are billed in arrears.

8.3 Payment Methods

We accept payment via credit card, debit card, and other methods listed in the Account dashboard. You authorize us to charge your selected payment method automatically for recurring fees.

8.4 Late Payment

If payment is not received within 7 days of the due date, we may suspend the Service. If payment is not received within 30 days, we may terminate your Account.

8.5 Refunds

Subscription fees are generally non-refundable. We may issue prorated refunds at our discretion for:

Service outages exceeding our published SLA (if applicable)
Account termination by us not caused by your breach of these Terms
Other circumstances at our sole discretion

8.6 Price Changes

We may change pricing with at least 30 days notice. Existing prepaid periods will not be affected; price changes apply on renewal.

8.7 Taxes

You are responsible for all applicable taxes, duties, or government levies on your use of the Service, except for taxes on our income.

9. Service Availability and Support

9.1 Availability

We target high availability but do not guarantee 100% uptime. Scheduled maintenance, third-party outages (e.g., mailbox providers, blocklists), and force majeure events may affect availability.

9.2 Support

Support is provided based on your plan tier. Response time and channel availability are published in our support documentation.

9.3 Service Changes

We may modify, add, remove, or discontinue features of the Service with reasonable notice. Material reductions in functionality affecting your plan will be communicated at least 30 days in advance where feasible.

10. Suspension and Termination

10.1 Suspension by Us

We may suspend your Account or sending immediately without notice if:

We reasonably believe you are violating these Terms
Your sending behavior poses a risk to our infrastructure or other customers
You receive an unusually high complaint or bounce rate
Required by law, court order, or government request
Your payment is overdue

10.2 Termination for Cause

We may terminate your Account immediately for:

Material breach of these Terms
Failure to cure a remediable breach within 7 days of notice
Use of the Service to send content described in Section 3.1
Repeated violation of acceptable use after warnings
Insolvency, bankruptcy, or similar proceedings

10.3 Termination by You

You may terminate your Account at any time via the dashboard or by contacting support.

Termination does not entitle you to a refund of prepaid fees except as provided in Section 8.5.

10.4 Effect of Termination

Upon termination:

Your access to the Service ends
We will delete your data per Section 7.6
All outstanding fees become immediately due
Sections that by their nature survive termination (including indemnification, disclaimers, limitations of liability, and governing law) survive

11. Intellectual Property

11.1 Our IP

The Service, including all software, code, designs, logos, trademarks, and content provided by us, is owned by us or our licensors and protected by intellectual property laws. These Terms do not grant you any rights to our IP except the limited license to use the Service.

11.2 Feedback

If you provide feedback, suggestions, or ideas about the Service, you grant us a perpetual, irrevocable, royalty-free license to use them without obligation to you.

11.3 Customer IP

Subject to your obligations under Section 3, you retain all rights to your Customer Content, trademarks, and other intellectual property.

12. Indemnification

You agree to indemnify, defend, and hold harmless Company, its affiliates, officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, or expenses (including reasonable attorneys’ fees) arising from:

Your use of the Service in violation of these Terms or applicable law
Your Customer Content, including claims of defamation, infringement, or invasion of privacy
Your sending practices, including claims related to consent, opt-in, or compliance with anti-spam laws
Your breach of any representation, warranty, or obligation in these Terms

We will provide prompt notice of any such claim and reasonable cooperation in defense.

13. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION:

WARRANTIES OF MERCHANTABILITY
FITNESS FOR A PARTICULAR PURPOSE
NON-INFRINGEMENT
UNINTERRUPTED OR ERROR-FREE OPERATION
ACCURACY, RELIABILITY, OR COMPLETENESS OF DATA
DELIVERABILITY OF ANY SPECIFIC MESSAGE
INBOX PLACEMENT BY ANY SPECIFIC MAILBOX PROVIDER

You assume all risk associated with use of the Service.

14. Limitation of Liability

14.1 Cap on Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR AGGREGATE LIABILITY UNDER

THESE TERMS WILL NOT EXCEED THE GREATER OF:

THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR
ONE HUNDRED US DOLLARS ($100)

14.2 Exclusion of Indirect Damages

IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL,

CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION:

LOST PROFITS OR REVENUE
LOST DATA
LOST BUSINESS OPPORTUNITY
REPUTATION DAMAGE
COST OF SUBSTITUTE SERVICES

EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14.3 Exceptions

The limitations in this section do not apply to liability that cannot be limited under applicable law

(e.g., gross negligence, willful misconduct, or statutory liability).

15. Compliance with Laws and Subpoenas

15.1 Legal Compliance

You agree to comply with all applicable laws in connection with your use of the Service.

15.2 Government Requests

We may disclose your information to law enforcement or government authorities in response to a

valid legal request (subpoena, court order, warrant) or where we believe in good faith that disclosure

is necessary to comply with law, protect rights, or prevent imminent harm.

15.3 Anti-Spam Reporting

We may report your sending behavior to industry blocklists, anti-spam authorities, or feedback loop

programs if your sending violates these Terms or applicable law.

16. Modifications to Terms

We may update these Terms from time to time. We will provide notice of material changes via email or in the Service. Continued use of the Service after the effective date of changes constitutes acceptance of the updated Terms.

If you do not agree to a material change, your sole remedy is to terminate your Account before the change takes effect.

17. Governing Law

17.1 Governing Law

These Terms are governed by the laws of the State of Claymont, DE 19703, United States of America, without regard to conflict of law principles.

Any dispute arising from or related to these Terms shall be brought exclusively in the state or federal courts located in Claymont, DE 19703 United States of America, and the parties consent to the personal jurisdiction of those courts.

18. Miscellaneous

18.1 Entire Agreement

These Terms, together with our Privacy Policy, DPA (if applicable), and any signed order forms, constitute the entire agreement between us regarding the Service.

18.2 No Waiver

Our failure to enforce any provision is not a waiver of our right to enforce it later.

18.3 Severability

If any provision is held unenforceable, the remaining provisions remain in effect.

18.4 Assignment

You may not assign these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

18.5 No Third-Party Beneficiaries

These Terms are for the benefit of the parties only and create no rights in any third party.

18.6 Notices

Notices to us must be sent to [email protected] or to our registered business address. Notices to you will be sent to the email associated with your Account.

18.7 Force Majeure

Neither party is liable for delays or failures caused by events beyond reasonable control (acts of God, war, pandemic, internet outages, third-party service failures).

19. Contact

For questions about these Terms, contact us at:

Brainstorm Force US LLC, 2093 Philadelphia Pike #3090, Claymont, DE 19703, United States.

Support: [email protected]

Note on domain consistency: confirm a single brand domain for all contact addresses (legal, support, abuse, privacy) and align all four to that domain before publishing.

By using the SMTP Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.