The legal stuff — read it once, then get back to blocking spam.
Last updated: January 1, 2025
These terms of service, Our Privacy Notice, and Our Service Level Agreement (together, these "Terms") form a contract between You and SpamKill Inc. ("SpamKill", "We", "Us", or "Our"). By accessing or using Our Websites or Services, You agree to be bound by these Terms. If You do not agree to these Terms, You may not access or use the Websites or Services.
You must be at least 18 years of age to access or use the Websites or Services. By accessing or using the Websites or Services, You represent and warrant that You are at least 18 years of age.
In these Terms, unless the context requires otherwise:
Subject to Your compliance with these Terms and payment of all applicable Subscription Fees, We grant You a limited, non-exclusive, non-transferable, worldwide, revocable right to access and use the Services during the Term solely for Your internal business purposes in accordance with the Documentation and Your Plan.
You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. We reserve the right to suspend or terminate Your Account if any information provided proves to be inaccurate, not current, or incomplete.
You are responsible for all activities that occur under Your Account. Without limiting the foregoing, You shall:
You agree not to use the Websites or Services to:
You shall notify Us immediately of any unauthorized access to or use of Your Account or any other breach of security. We reserve the right to suspend Your Account or access to the Services at any time if We reasonably believe that Your Account has been compromised or is being used in violation of these Terms.
We reserve the right to modify, update, or discontinue the Websites (or any part thereof) at any time without notice. We shall not be liable to You or any third party for any modification, suspension, or discontinuance of the Websites.
We may upgrade, update, or enhance the Services from time to time ("Updates"). We will use commercially reasonable efforts to notify You of any material Updates that may adversely affect Your use of the Services. Your continued use of the Services following any Updates constitutes Your acceptance of such Updates.
The Services, Websites, and all intellectual property rights therein (including but not limited to patents, copyrights, trademarks, trade secrets, and any other proprietary rights) are and shall remain the exclusive property of SpamKill and its licensors. Nothing in these Terms transfers any ownership rights to You.
If You provide Us with any feedback, suggestions, or recommendations regarding the Services ("Feedback"), You hereby grant Us a perpetual, irrevocable, worldwide, royalty-free, fully sublicensable license to use, reproduce, modify, distribute, and otherwise exploit such Feedback for any purpose without obligation or compensation to You.
You grant Us a limited, non-exclusive license to use Your name and logo on Our Websites, marketing materials, and customer lists to identify You as a customer of SpamKill. You may opt out of this license at any time by contacting Us at [email protected].
We may engage third-party sub-processors to assist in providing the Services. Such sub-processors may have access to Service Data solely for the purpose of performing services on Our behalf and are bound by obligations of confidentiality and data protection no less protective than those set forth in these Terms.
The Services may integrate with or provide access to third-party applications, services, or content ("Other Services"). Other Services are governed by their own terms and conditions, and We are not responsible for the availability, accuracy, or content of any Other Services. Your use of Other Services is at Your own risk.
You agree to pay all Subscription Fees applicable to Your Plan. Subscription Fees are as set forth on Our pricing page or in a separate Pricing Agreement between You and SpamKill.
All Subscription Fees are payable in advance. You authorize Us to charge Your designated payment method for all applicable Subscription Fees. You are responsible for providing and maintaining accurate and complete billing information.
Your Subscription will automatically renew at the end of each billing period unless You cancel at least thirty (30) days before the end of the then-current billing period. We may change Subscription Fees upon renewal by providing You with at least thirty (30) days' prior written notice.
All Subscription Fees are non-refundable, except as expressly set forth in these Terms or as required by applicable law.
If You initiate a chargeback or payment dispute with Your payment provider without first contacting Us at [email protected] to attempt to resolve the issue, We reserve the right to charge a $25 processing fee to cover administrative costs associated with the chargeback process.
All Subscription Fees are exclusive of any applicable taxes, levies, or duties imposed by taxing authorities. You are responsible for paying all such taxes, levies, or duties, excluding only taxes based on Our net income.
If any Subscription Fees are not paid within fifteen (15) days of the due date, We may charge interest on the overdue amount at a rate of 1.5% per month (or the maximum rate permitted by applicable law, whichever is lower) from the date such payment was due until the date of actual payment.
You may upgrade or downgrade Your Plan at any time. If You upgrade, the difference in Subscription Fees will be pro-rated for the remainder of the current billing period. If You downgrade, the change will take effect at the start of the next billing period.
Any credits, promotional benefits, or complimentary services provided to You will expire twelve (12) months from the date of issuance unless otherwise specified in writing.
These Terms commence on the date You first access or use the Services and continue for an initial term of one (1) month ("Initial Term"). After the Initial Term, these Terms will automatically renew for successive one-month periods ("Renewal Terms") unless terminated in accordance with this Section 8.
You may terminate Your Subscription at any time by providing notice at least five (5) days before the end of the then-current billing period. You may submit a termination request by contacting Us at [email protected] or through the account management features of the Services.
We may suspend or terminate Your access to the Services if You breach any provision of these Terms and fail to cure such breach within fifteen (15) days of receiving written notice from Us. We may also immediately suspend Your access to the Services if We reasonably determine that Your use poses a security risk to the Services or other users, or violates applicable law.
We do not directly store, process, or transmit payment card information. All payment information is stored and processed by Our PCI DSS certified payment service provider. We maintain appropriate security measures to protect the transmission of payment information to Our payment service provider.
These Terms supersede any non-disclosure agreement ("NDA") previously entered into between the parties with respect to the subject matter hereof. The confidentiality obligations set forth in this Section 10 shall survive termination of these Terms for a period of one (1) year.
Each party (the "Receiving Party") agrees that it shall not disclose any Confidential Information of the other party (the "Disclosing Party") to any third party without the prior written consent of the Disclosing Party, except as reasonably necessary to exercise its rights or perform its obligations under these Terms. The Receiving Party shall protect the Disclosing Party's Confidential Information using the same degree of care it uses to protect its own confidential information, but in no event less than a reasonable degree of care.
The obligations of confidentiality shall not apply to information that:
Upon termination of these Terms or upon the Disclosing Party's written request, the Receiving Party shall promptly return or erase all Confidential Information of the Disclosing Party in its possession or control, except as required by applicable law or regulation.
We shall maintain appropriate technical and organizational measures designed to protect Service Data against unauthorized access, loss, destruction, or alteration. These measures shall be commensurate with the nature of the data being protected and the risks involved.
We may collect, use, and disclose aggregated, anonymized, and non-personally identifiable data derived from Your use of the Services ("Aggregated Data") for any lawful purpose, including to improve the Services, conduct research, and generate industry benchmarks. Aggregated Data shall not identify You or any individual and shall not constitute Personal Data or Confidential Information.
THE SERVICES AND WEBSITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SPAMKILL DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. SPAMKILL DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. OUR SOLE AND EXCLUSIVE OBLIGATIONS WITH RESPECT TO SERVICE AVAILABILITY ARE SET FORTH IN OUR SERVICE LEVEL AGREEMENT.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SPAMKILL, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF SPAMKILL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SPAMKILL'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT OF SUBSCRIPTION FEES PAID BY YOU TO SPAMKILL DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
YOU AGREE THAT ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE FILED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ARISES, OR SUCH CLAIM SHALL BE PERMANENTLY BARRED.
We shall defend, indemnify, and hold You harmless from and against any third-party claim that the Services, as provided by Us and used in accordance with these Terms, infringe or misappropriate any third party's intellectual property rights. In the event of such a claim, We may, at Our sole option and expense: (a) modify the Services to make them non-infringing; (b) replace the Services with a functionally equivalent non-infringing alternative; or (c) terminate Your Subscription and refund any prepaid Subscription Fees for the unused portion of the then-current billing period.
We make no representation or warranty regarding the accuracy, completeness, or reliability of any results generated by the Services. The Services are designed to reduce spam and bot activity but do not guarantee complete elimination of all unwanted submissions.
The indemnifying party shall have the right to control the defense and settlement of any claim subject to indemnification under this Section 15. The indemnified party shall provide reasonable cooperation and assistance to the indemnifying party in connection with such defense, at the indemnifying party's expense.
This Section 15 states the indemnifying party's sole liability and the indemnified party's exclusive remedy for any claims of intellectual property infringement.
You shall defend, indemnify, and hold harmless SpamKill, its Affiliates, and their respective officers, directors, employees, and agents from and against any third-party claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with: (a) Your use of the Services in violation of these Terms; (b) Your violation of any applicable law or regulation; or (c) any content or data You submit to the Services.
The following Sections shall survive termination or expiration of these Terms: Section 1 (Definitions), Section 5 (Intellectual Property Rights), Section 7 (Billing and Payments, to the extent of any accrued obligations), Section 10 (Confidentiality), Section 11 (Data Security and Privacy), Section 13 (Disclaimer of Warranties), Section 14 (Limitation of Liability), Section 15 (Indemnification), this Section 16, and Section 18 (General).
By creating an Account or using the Services, You consent to receive communications from Us. We may communicate with You through the following means:
The parties are independent contractors. Nothing in these Terms shall be construed to create a partnership, joint venture, agency, or employment relationship between the parties.
These Terms, together with the Privacy Notice, Service Level Agreement, and any Pricing Agreement, constitute the entire agreement between You and SpamKill with respect to the subject matter hereof and supersede all prior and contemporaneous agreements, representations, and understandings.
If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The failure of either party to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
You may not assign or transfer these Terms or any rights or obligations hereunder without Our prior written consent. We may assign these Terms without restriction, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of Our assets.
These Terms do not confer any rights or remedies upon any person or entity other than the parties hereto and their respective successors and permitted assigns.
These Terms shall be governed by and construed in accordance with the laws of the Province of British Columbia, Canada, without regard to its conflict of laws provisions. Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts located in British Columbia, Canada.
You shall comply with all applicable export control laws and regulations in connection with Your use of the Services. You represent and warrant that You are not located in, or a resident or national of, any country subject to comprehensive trade sanctions, and that You are not on any government restricted party list.
Neither party shall be liable for any failure or delay in performing its obligations under these Terms (other than payment obligations) where such failure or delay results from any cause beyond the reasonable control of that party, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, epidemics, pandemics, internet or telecommunications failures, or cyberattacks.
All notices required or permitted under these Terms shall be in writing and shall be deemed effective upon delivery. Notices to SpamKill shall be sent to:
SpamKill Inc.
555 W Hastings St #1200
Vancouver, BC V6B 4N6
Canada
[email protected]