Terms of Service

These Terms of Service ("Terms") govern your access to and use of SubsiMail, self-hosted email outreach software made available by SubsiMail ("SubsiMail," "we," "us," or "our"). By creating an account, purchasing a license, or using the software, you agree to these Terms. If you're agreeing on behalf of an organization, you're confirming you have authority to bind that organization, and "you" refers to that organization.

If you don't agree to these Terms, don't use the Service.

1. The Service

SubsiMail licenses you self-hosted software that you download, install, and run entirely on infrastructure you control (your own server, VPS, or cloud instance). We also operate a companion account/billing service at subsimail.com ("the Account Service") that issues license keys and verifies them periodically. These Terms cover both.

SubsiMail is not a hosted or managed service. We do not operate, host, or have access to the instance of the software you run, or any data it processes.

2. License Grant

Subject to these Terms and a valid, unexpired license, we grant you a limited, non-exclusive, non-transferable, revocable license to install and run the software for your own outreach activities, up to the number of connected email accounts your license permits. This is a license to use the software, not a sale — we retain all rights, title, and interest in the software itself.

You may not: sublicense, resell, or share your license key with parties outside your own organization; circumvent or attempt to circumvent license or connected-account limits; reverse engineer the software except to the extent applicable law expressly permits despite this restriction.

3. Your Account

You need a subsimail.com account to obtain and manage a license. You're responsible for keeping your account credentials confidential and for all activity under your account. Tell us promptly if you suspect unauthorized access.

4. Your Instance, Your Data, Your Responsibility

This is the core of how SubsiMail works, and it matters for how responsibility is allocated between us:

• Your contacts, campaign content, connected email account credentials/tokens, and all outreach data are stored and processed solely on infrastructure you control. We never receive, store, transmit, or have access to any of it.
• The only information your instance ever sends us, ever, is a periodic license check: your license key and a randomly generated install ID. Nothing about your emails, contacts, campaigns, or connected accounts is included.
• You are solely responsible for: securing your server and its infrastructure; the confidentiality, integrity, and backup of any data your instance stores; compliance with every law applicable to your use of the software, including data protection law (such as GDPR, CCPA, or equivalent laws in your jurisdiction) with respect to any personal data you process through it, and anti-spam/email marketing law (such as CAN-SPAM, CASL, or equivalent) with respect to the emails you send.
• Because we have no access to or control over your instance or its data, we bear no responsibility for how you configure, secure, or use it, or for any loss, breach, or misuse of data that occurs on your infrastructure. For your self-hosted instance, you are the data controller (in the sense used by GDPR and similar laws) for any personal data you process through it — we are not.

5. Acceptable Use

You agree not to use the software to: send unsolicited communications in violation of applicable anti-spam law; harvest or use contact data you don't have a lawful basis to use; violate the terms of service of any email provider (Google, Microsoft, or otherwise) you connect through the software; engage in phishing, fraud, or any unlawful activity. Compliance with the terms of any third-party email provider you connect (see Section 7) is your responsibility, not ours.

6. Fees & Billing

Your first two connected email accounts are free. Additional connected accounts are billed at the rate shown on our pricing page at the time of purchase, on the billing cycle you select. Fees are non-refundable except where required by law. We may change pricing prospectively; changes won't apply retroactively to a billing period you've already paid for.

7. Third-Party Services

The software can connect to third-party email providers (Gmail, Microsoft 365/Outlook, or any SMTP/IMAP provider) using credentials and API access you configure yourself. Your relationship with those providers, and your compliance with their terms, is between you and them — we are not a party to it and bear no responsibility for their availability, changes, or actions (including suspending or restricting your account with them).

8. Disclaimer of Warranties

THE SOFTWARE AND ACCOUNT SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT THE SOFTWARE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE. YOU ASSUME ALL RISK ARISING FROM YOUR INSTALLATION, CONFIGURATION, AND USE OF THE SOFTWARE ON YOUR OWN INFRASTRUCTURE.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: SUBSIMAIL WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, REVENUE, OR PROFITS, ARISING FROM OR RELATED TO YOUR USE OF THE SOFTWARE OR ACCOUNT SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

Some jurisdictions don't allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you; in that case our liability is limited to the smallest extent permitted by law.

10. Indemnification

You agree to indemnify, defend, and hold SubsiMail harmless from any claim, liability, damage, loss, or expense (including reasonable legal fees) arising from or related to: your use of the software; data you process through your instance; your violation of these Terms; or your violation of any law or third party's rights in connection with your use of the software.

11. Termination

You may stop using the software and cancel your account at any time. We may suspend or terminate your license or account for material breach of these Terms, non-payment, or unlawful use, with notice where practicable. Sections that by their nature should survive termination (including Sections 4, 8, 9, 10, and 13) survive.

12. Changes to These Terms

We may update these Terms from time to time. We'll post the updated version here with a new effective date; material changes will be notified via your account email where practicable. Continued use of the Service after changes take effect constitutes acceptance.

13. Governing Law

These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict-of-laws principles, and any dispute arising from them will be subject to the exclusive jurisdiction of the state and federal courts located in Delaware, except where applicable law requires otherwise.

If you're located in the European Union, EEA, or United Kingdom, this choice of law doesn't remove any mandatory consumer-protection rights you have under the law of your own country of residence, to the extent applicable law requires those rights to survive regardless of a foreign governing-law clause.

14. Contact

Questions about these Terms: contact@subsimail.com.