Terms of Service

1. Acceptance of Terms

By creating an account or using any part of PostMTA Hosted, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity — in which case "you" refers to that entity. If you do not have such authority, or if you do not agree with these Terms, you may not use the service.

2. Description of Service

PostMTA Hosted is a managed email delivery platform — a cloud-hosted, credits-gated MTA (Mail Transfer Agent) appliance. It provides:

• High-volume outbound email delivery with configurable IP pools and sending domains
• Real-time analytics: delivery events, bounces, complaints, engagement tracking
• Authentication: DKIM, SPF, DMARC, ARC
• Suppression management and list hygiene tools
• REST API and SMTP relay access
• Optional EU-region deployment for GDPR-sensitive workloads

Subject to these Terms and payment of applicable fees, we grant you a non-exclusive, non-transferable right to access and use the service during your subscription period. Credits purchased are consumed per email sent and do not roll over unless your plan specifies otherwise.

We reserve the right to modify, suspend, or discontinue any part of the service with 30 days' written notice (14 days for security-related changes).

3. Account Registration

To use PostMTA Hosted you must:

• Register with a valid email address and set a strong password (or use SSO where available)
• Verify your sending domain(s) via DNS records before launching campaigns
• Keep your API keys and credentials confidential and secure — you are responsible for all activity under your account
• Notify us immediately at security@netwit.ca of any unauthorised access or suspected key compromise
• Keep your registration information accurate and current

PostMTA may suspend or terminate accounts that fail to verify a sending domain within 14 days of registration.

4. Acceptable Use

You agree to comply with all applicable laws and regulations in your use of the service, including but not limited to:

• CAN-SPAM Act (USA): Accurate header information, clear subject lines, a physical mailing address, and a functional opt-out mechanism
• CASL (Canada): Express or implied consent requirements for commercial electronic messages
• GDPR / ePrivacy (EU/UK): Lawful basis for processing recipient data; prior consent where required
• All other applicable anti-spam and data protection laws in the jurisdictions where you send email

You may not use PostMTA Hosted to send unsolicited bulk email ("spam"), content that violates any law or third-party rights, malware, phishing, or any email that deceives recipients about its origin. See our full Acceptable Use Policy.

5. Content Ownership

Your email content stays yours. You retain full ownership of all emails, templates, contact lists, and data you submit through PostMTA Hosted. We claim no ownership rights over your content. You grant PostMTA a limited, revocable licence to process, transmit, and store your content solely for the purpose of providing the service — nothing more.

You are solely responsible for the legality, accuracy, and appropriateness of your content. PostMTA has no obligation to monitor your content but may take action if we become aware of a violation.

6. Intellectual Property

PostMTA retains all rights to its platform, software, technology, trademarks ("PostMTA", "PostMTA Hosted"), documentation, and any improvements or modifications made to them. The service is licensed, not sold. You may not reverse-engineer, decompile, or disassemble the platform. You may not use PostMTA's name, logo, or branding without prior written permission.

7. Fees & Payment

• Fees are based on your selected plan and the volume of email credits you consume
• All fees are non-refundable except as required by law or as explicitly stated in your order form
• We reserve the right to change pricing with 30 days' notice; overages are billed at the then-current per-credit rate
• Failed payments may result in suspension of sending after 5 business days' written notice
• Credits purchased under an annual plan are valid for 12 months from purchase date

8. Warranties & Service Level Agreement

No Warranty for Force Majeure: We make no guarantees about availability in circumstances beyond our reasonable control, including natural disasters, internet outages, third-party infrastructure failures, Distributed Denial of Service (DDoS) attacks, or acts of war. Scheduled maintenance windows are excluded from SLA calculations when notified 48 hours in advance.

EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, POSTMTA HOSTED IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• POSTMTA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
• POSTMTA'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO POSTMTA IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM
• THE ABOVE LIMITATIONS DO NOT APPLY TO (A) DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE; (B) FRAUD OR FRAUDULENT MISREPRESENTATION; (C) INDEMNIFICATION OBLIGATIONS UNDER SECTION 10; OR (D) BREACHES OF CONFIDENTIALITY

10. Indemnification

You agree to defend, indemnify, and hold harmless PostMTA, its officers, directors, employees, contractors, and agents from and against any third-party claims, suits, actions, or proceedings (including reasonable attorneys' fees) arising from: (a) your breach of these Terms or the Acceptable Use Policy; (b) your violation of any applicable law or regulation; (c) your content or the nature of your email campaigns; (d) your gross negligence or wilful misconduct.

11. Termination

• By you: You may terminate your account at any time via the dashboard or by emailing hello@netwit.ca; termination takes effect immediately or at end of the current billing period, at your election
• By PostMTA — convenience: With 30 days' written notice, for any reason
• By PostMTA — cause: Immediately upon written notice if you breach these Terms or the Acceptable Use Policy, or if your account is involved in spam, fraud, or illegal activity

Upon termination: (a) your right to use the service ceases immediately; (b) all sending is halted within 60 seconds of termination; (c) your data is retained for 30 days (see our Privacy Policy for full retention schedule) and then permanently deleted unless legally required otherwise.

12. Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, USA, without regard to conflict-of-law principles.

Any dispute, controversy, or claim arising out of or relating to these Terms — including their existence, validity, interpretation, performance, or breach — shall be resolved exclusively by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules then in effect. The arbitration shall take place in San Francisco, California. The arbitrator's award shall be final and binding, and judgment on it may be entered in any court of competent jurisdiction.

Class Action Waiver: You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

Notwithstanding the above, either party may seek emergency equitable relief in a court of competent jurisdiction to prevent irreparable harm pending arbitration.

13. Contact