Terms and Conditions
Please read these terms carefully before using our service
Last Updated: January 1, 2025
1. Acceptance of Terms
By accessing or using UploadEmails.com (the "Service") operated by Receptive Marketing Inc. ("Company," "we," "our," or "us"), you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, do not use the Service.
2. Description of Service
UploadEmails provides an automated service for uploading email accounts to third-party marketing platforms including Instantly.ai and Smartlead.ai. The Service uses browser automation to facilitate the connection of email accounts to these platforms.
3. User Accounts and Responsibilities
3.1 Account Creation
- You must provide accurate and complete information when creating an account
- You are responsible for maintaining the confidentiality of your account credentials
- You must be at least 18 years old to use the Service
- You may only create one account per person or entity
3.2 User Responsibilities
- You are solely responsible for all email accounts and credentials you provide
- You warrant that you own or have proper authorization for all email accounts uploaded
- You must comply with all applicable laws and third-party platform terms of service
- You will not use the Service for illegal, fraudulent, or unauthorized purposes
4. Credit System and Payments
4.1 Credits
- The Service operates on a credit-based system where 1 credit = 1 successful email account upload
- Credits are only consumed upon successful completion of an upload
- Failed uploads due to technical issues or invalid credentials do not consume credits
- Credits do not expire unless otherwise specified
4.2 Payments and Billing
- All payments are processed securely through Stripe
- Prices are displayed in USD and include all applicable taxes
- Subscription plans automatically renew unless cancelled
- You authorize us to charge your payment method for all fees incurred
5. Refund Policy
NO REFUNDS: All sales are final. We do not provide refunds for any purchases, including credit packages and subscription plans, except for unused credits in the following circumstances:
- Service termination by the Company
- Account suspension due to Company error
- Technical issues preventing service use for more than 30 consecutive days
Refunds for unused credits, when applicable, will be calculated at the original purchase price per credit and processed within 30 business days.
6. Service Availability and Limitations
6.1 Service Availability
- We strive for high availability but do not guarantee uninterrupted service
- Scheduled maintenance will be announced in advance when possible
- We reserve the right to modify or discontinue the Service at any time
6.2 Usage Limitations
- You may not exceed reasonable usage limits or attempt to overload our systems
- We may implement rate limiting or usage caps at our discretion
- Bulk or automated access beyond normal use is prohibited
7. Intellectual Property
The Service, including all content, features, and functionality, is owned by Receptive Marketing Inc. and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works without our express written permission.
8. Privacy and Data Protection
Your privacy is important to us. Please review our Privacy Policy, which governs how we collect, use, and protect your information. By using the Service, you consent to our data practices as described in the Privacy Policy.
9. Prohibited Uses
You agree not to use the Service for:
- Any unlawful purpose or in violation of applicable laws
- Transmitting spam, malware, or other harmful content
- Impersonating others or providing false information
- Interfering with or disrupting the Service or servers
- Attempting to gain unauthorized access to other accounts or systems
- Violating the terms of service of third-party platforms (Instantly.ai, Smartlead.ai)
10. Indemnification
COMPLETE INDEMNIFICATION: You agree to defend, indemnify, and hold harmless Receptive Marketing Inc., its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including attorney's fees) arising from:
- Your use of the Service
- Your violation of these Terms
- Your violation of any third-party rights
- Any content or data you submit through the Service
- Any actions taken by third-party platforms based on your use of the Service
- Any consequences resulting from the upload or management of email accounts
11. Disclaimers and Limitation of Liability
11.1 Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
11.2 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, RECEPTIVE MARKETING INC. SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR USE, ARISING OUT OF OR RELATING TO THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY.
OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
12. Third-Party Services
The Service integrates with third-party platforms (Instantly.ai, Smartlead.ai). We are not responsible for:
- The availability, functionality, or policies of third-party platforms
- Changes to third-party platform APIs or requirements
- Actions taken by third-party platforms regarding your accounts
- Data handling practices of third-party platforms
13. Termination
13.1 Termination by You
You may terminate your account at any time by contacting us. Upon termination, your access to the Service will cease, but these Terms will continue to apply to your prior use.
13.2 Termination by Us
We may suspend or terminate your account immediately if you violate these Terms or for any other reason at our sole discretion. We will provide notice when reasonably possible.
14. Governing Law and Jurisdiction
These Terms are governed by and construed in accordance with the laws of the Province of Ontario, Canada, without regard to conflict of law principles. Any legal action or proceeding arising under these Terms will be brought exclusively in the courts of Ontario, Canada, and you consent to the jurisdiction of such courts.
15. Severability
If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions will continue in full force and effect.
16. Changes to Terms
We reserve the right to modify these Terms at any time. Material changes will be communicated through the Service or via email. Your continued use of the Service after changes constitutes acceptance of the new Terms.
17. Contact Information
If you have questions about these Terms, please contact us at:
Receptive Marketing Inc.
Email: [email protected]
Address: [To be added]
Ontario, Canada
18. Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Receptive Marketing Inc. regarding the Service and supersede all prior agreements and understandings.