Terms of Service

Last updated: April 23, 2025

Welcome to Poodle! We provide email API services specifically designed for busy product engineers (“Service”). These Terms of Service (“Terms”), together with our Privacy Policy and Data Processing Addendum (“DPA”), form the entire agreement (“Agreement”) between Poodle (“Company”, “we”, “our”, “us”) and you (“User”, “you”, “your”).

By creating an account, purchasing access to our Service, or using any of our Services, you agree to be bound by these Terms. If you do not agree with these Terms, please do not use our Service.

When we say “you” or “your,” we mean both you personally and any entity you are authorized to represent. When we say “we,” “us,” or “our,” we mean Poodle and its parent, subsidiaries, affiliates, and successors.

Before proceeding, please note:

• We will handle your personal information in accordance with our Privacy Policy
• Subject to your Consumer Rights:
  • Our aggregate liability is limited to the amount paid for the Services in the 12 months preceding the claim, up to a maximum of $1,000
  • We will not be liable for any indirect, special, incidental, or consequential damages
• We may amend these Terms by providing notice to you, and your continued use of our Service constitutes acceptance of the amendments
• We are not responsible for third-party services you may integrate with our Service
• We may suspend or terminate your account for violations of our Acceptable Use Policy or applicable laws

To use our Service, you must create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access or security breach

You must be at least 18 years old to use our Service.

Your use of the Service must comply with our Acceptable Use Policy, which is incorporated into these Terms by reference.

We provide:

• Access to our email API platform
• Technical support services
• Other features and functionalities as described on our website or documentation

We do not guarantee:

• Uninterrupted or error-free service
• Compatibility with all third-party services or platforms
• That our Service will meet your specific requirements

Support Services are provided through our platform and are limited to answering questions and resolving issues related directly to our Service. Support Services do not include:

• Extensive training
• Custom development work
• Integration with third-party services unless explicitly offered

We may modify, suspend, or discontinue any part of our Service at any time with reasonable notice to you.

We offer various subscription plans with different features and limitations. Details of these plans are available on our website.

• Subscription fees are billed in advance on a recurring basis (monthly or annually)
• Payment is processed through our designated payment processor
• By providing payment information, you authorize us to charge the applicable fees
• Fees are non-refundable except as required by law

We may offer free trials to new users without any period restriction. Once the credits are empty, users can upgrade their account from the app.

If payment fails, we may:

• Suspend your access to the Service
• Terminate your account after repeated failed payments

These Terms commence when you create an account and continue until terminated by either party.

You may terminate your subscription at any time by:

• Canceling through your account settings
• Contacting our support team

We may suspend or terminate your account:

• For violations of these Terms or our Acceptable Use Policy
• If you fail to pay applicable fees
• For any reason with reasonable notice to you

Upon termination:

• You will lose access to our Service
• We may retain your data as required by law
• Any outstanding payment obligations will remain in effect

You retain all rights to your data uploaded to or created through our Service (“Your Data”). By using our Service, you grant us a license to access, store, and process Your Data solely to provide and improve our Service.

We implement reasonable security measures to protect Your Data, but we cannot guarantee absolute security. You are responsible for backing up Your Data independently.

We process Your Data in accordance with our Data Processing Addendum and applicable data protection laws.

We may collect and use anonymized, aggregated data derived from your use of the Service for analytics, improving our Service, and other business purposes.

We own all rights, title, and interest in the Service, including all associated intellectual property rights. These Terms do not grant you any rights to our trademarks, service marks, or other intellectual property.

If you provide feedback or suggestions regarding our Service, you grant us an irrevocable, non-exclusive, royalty-free license to use that feedback for any purpose without compensation or attribution.

We grant you a limited, non-exclusive, non-transferable license to use our Service for your internal business purposes during the term of these Terms.

Each party may disclose confidential information to the other. Both parties agree to:

• Maintain the confidentiality of such information
• Use it solely in connection with these Terms
• Protect it with reasonable care

Confidentiality obligations do not apply to information that:

• Is already known prior to disclosure
• Becomes publicly known through no fault of the receiving party
• Is independently developed without access to confidential information
• Is required to be disclosed by law or legal process

We warrant that our Service will perform substantially in accordance with our documentation under normal use.

EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND. WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICE.

OUR TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICE IN THE 12 MONTHS PRECEDING THE CLAIM, UP TO A MAXIMUM OF $1,000.

The limitations of liability do not apply to liabilities that cannot be excluded or limited under applicable law.

You agree to indemnify, defend, and hold us harmless from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys’ fees) arising from:

• Your use of the Service
• Your violation of these Terms or applicable laws
• Your infringement of third-party rights
• Your data or content

Our Service may allow you to integrate with third-party services. We are not responsible for, and make no warranties regarding, any third-party services.

Our Service may contain links to third-party websites or resources. These links are provided for convenience only, and we are not responsible for the content, products, or services on or available from those websites or resources.

We may modify these Terms at any time by posting updated Terms on our website or by notifying you directly. Your continued use of the Service after such modifications constitutes acceptance of the updated Terms.

These Terms are governed by the laws of the State of Delaware, without regard to its conflict of law principles.

Any dispute arising from these Terms shall be resolved through:

1. Informal negotiation (the parties will attempt in good faith to resolve the dispute)
2. Mediation (if negotiation fails)
3. Binding arbitration (if mediation fails)

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full effect.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision.

You may not assign your rights under these Terms without our prior written consent. We may assign our rights to any affiliate or successor.

These Terms, together with our Privacy Policy and DPA, constitute the entire agreement between you and us regarding the Service.

We will not be liable for any failure or delay in performance due to circumstances beyond our reasonable control.

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

• Email: [email protected]