Terms of Service – Sidemail.io

These Terms of Service (“Terms”) form a legal agreement between you and Avantis Innovations LLC (“Company,” “we,” “us,” or “our”) governing your access to and use of the Sidemail.io service (“Sidemail”), including its website, application and APIs (the “Platform”), together with its related services and features (the “Services”).

Terms of use

  1. These Terms govern your access to and use of the Platform and constitute a legally binding agreement between you and us. We may update these Terms from time to time. We will provide reasonable notice of material changes through the Platform, by email, or by another reasonable method. Other changes are effective when posted. Your continued use of the Services after the effective date of updated Terms constitutes acceptance of those changes. Changes will not apply retroactively to disputes arising before the effective date of the changes.

  2. Subject to your compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-sublicensable and non-transferable license to use the Platform for your internal business purposes during your subscription term.

  3. By creating an account to access Sidemail (an “Account”) or using the Platform, you represent, warrant and agree that:

    1. you have read these Terms and agree to be bound by and comply with them;
    2. you are at least 18 years old and have legal capacity to enter into these Terms;
    3. if you use the Services on behalf of an organization, you have authority to bind that organization to these Terms;
    4. you are using the Services for business or professional purposes and not primarily for personal, family or household purposes; and
    5. you will ensure that all users of your Account comply with these Terms.

  4. You are responsible for maintaining the confidentiality and security of your Account credentials and for all activities that occur under your Account. All actions carried out through your Account will be deemed to have been authorized by you. You must promptly notify us if you know or suspect that your Account or credentials have been accessed or used without authorization. We are not responsible for loss, damage or liability arising from unauthorized, wrongful, fraudulent or illegal use of your Account unless caused by our breach of these Terms.

  5. We may refuse, restrict, suspend or terminate your access to the Platform or your Account, or remove or disable content, if we reasonably believe that you have violated these Terms or our policies, failed to pay amounts due, created a security or legal risk, harmed or may harm the Platform, our reputation, another customer or a third party, or if required by law or a service provider. We may act without prior notice where immediate action is reasonably necessary. To the fullest extent permitted by law, we will not be liable for exercising these rights.

  6. We may change, modify, suspend or discontinue any portion of the Services, the Platform or related software at any time. Access to the Services may be interrupted or experience technical difficulties. We do not guarantee that any particular feature or integration will remain available. Any availability commitment is governed solely by an applicable Service Level Agreement or separate written agreement signed by us.

  7. Except as expressly permitted by your subscription plan or approved by us in writing, you may not resell, sublicense, white-label or provide the Services to third parties. This does not prevent you from using the Services to send lawful communications for your own business or for clients you are authorized to represent, provided that you remain fully responsible for all such use.

Subscription

  1. Some Services require payment of subscription or usage fees before you can access or use them (“Fees”). Applicable Fees, billing periods, usage limits and material subscription terms will be disclosed through the Platform or an applicable order form.

  2. If you purchase a recurring subscription, your subscription will automatically renew for successive periods of the same length unless you cancel it through the Platform or another cancellation method we make available before the renewal date. By purchasing a recurring subscription, you expressly authorize us and our payment processors to charge the applicable Fees:

    1. when your first paid subscription period begins, including after any disclosed trial period; and
    2. on each renewal date thereafter, until cancellation.

  3. Fees must be paid when due. Failure to make timely payment may result in suspension or termination of your Account or access to the Services. You remain responsible for Fees incurred before suspension, termination or cancellation.

  4. We may change Fees from time to time. We will provide reasonable advance notice of changes to recurring Fees, and any increase will apply no earlier than your next renewal period. Your continued subscription after the change takes effect constitutes acceptance of the revised Fees.

  5. Fees are exclusive of taxes, duties, levies and similar governmental assessments, except taxes based on our net income. You are responsible for all taxes applicable to your purchase or use of the Services.

  6. Payments must be made using payment methods we support. Your use of a third-party payment method is subject to that provider’s terms. We are not responsible for failures, disruptions or errors caused by a payment provider or your chosen payment method. We may add, modify or discontinue payment methods at any time.

  7. Amounts must be paid in full without deduction, set-off or counterclaim. Overdue amounts may accrue interest at the lesser of 1.5% per month or the maximum rate permitted by law. You will reimburse our reasonable costs of collecting overdue amounts, including legal fees and chargeback costs.

  8. Except where required by law or expressly stated in an applicable Service Level Agreement, Fees are non-refundable and non-creditable. If you cancel, you may continue using the Services until the end of the paid subscription period, and cancellation will take effect at the end of that period. No prorated refund will be provided. If we terminate a paid subscription for convenience and not because of your breach, we will refund prepaid Fees covering the unused portion of the terminated subscription period.

Customer content and data

  1. You represent and warrant that all content, recipient information and other data that you or your users submit, upload, import, transmit or otherwise make available through the Platform (“Customer Content”):

    1. is owned by you or provided under sufficient rights and permissions;
    2. may lawfully be processed by us to provide the Services;
    3. complies with the Data Processing Agreement where applicable, the Anti-spam Policy and all applicable privacy, data protection, electronic communications, marketing and anti-spam laws; and
    4. is collected and used with all notices, consents, permissions and lawful bases required for each recipient and communication.

    You are solely responsible for determining whether and how you may lawfully contact each recipient.

  2. You are fully responsible for Customer Content, including its legality, accuracy, quality and integrity. We will not be responsible or liable to you or any third party for:

    1. Customer Content uploaded by you, by us at your direction, or by another user of your Account; or
    2. loss of Customer Content, except to the extent expressly stated in an applicable written agreement.

    The Platform is not a backup or permanent record-keeping service. You must maintain independent copies of Customer Content.

  3. You authorize us and our affiliates, contractors and subprocessors to host, copy, transmit, store, modify as technically necessary and otherwise process Customer Content solely to provide, secure, maintain and support the Services, comply with law, and enforce these Terms and our policies. We may disclose Customer Content as described in our Privacy Policy and Data Processing Agreement, with your instructions or consent, or when required by law, legal process or a competent governmental authority.

  4. We may create and use aggregated or de-identified data derived from use of the Services for analytics, security, capacity planning, benchmarking and improvement of the Services, including development of automated or machine-learning systems, provided that such data does not identify you, your users or recipients. We will not attempt to re-identify such data.

  5. We may disclose information reasonably necessary to respond to a valid legal request or to a credible claim that Customer Content or your use of the Services violates applicable law or a third party’s rights.

  6. We may remove, quarantine, block or delete Customer Content if we reasonably believe it violates these Terms, our policies, applicable law, or may harm the Platform, recipients or third parties.

  7. Following termination or expiration of your Account, we may delete Customer Content in accordance with our standard retention practices and applicable law. Unless an applicable Data Processing Agreement requires otherwise, we have no obligation to retain Customer Content after termination.

Prohibited uses

  1. You may use the Platform only for lawful purposes. You may not use the Platform:

    1. in any way that violates applicable local, state, federal or international laws or regulations, or our Anti-spam Policy;
    2. for unlawful, deceptive, fraudulent, abusive, harassing, defamatory or infringing purposes;
    3. to transmit content that violates another person’s intellectual property, privacy, publicity or other rights;
    4. to transmit malware, viruses, Trojan horses, worms, time bombs, keystroke loggers, spyware, adware or other harmful code;
    5. to send commercial or marketing email without all legally required notices, permissions, consents and opt-out mechanisms;
    6. to use purchased, rented, scraped, harvested or otherwise improperly obtained recipient lists, or to send cold email prohibited by our Anti-spam Policy;
    7. to use false or misleading sender information, routing information, headers, subject lines, domains or content, or to conceal the identity of the sender;
    8. to contact a recipient after the recipient has opted out, withdrawn consent or otherwise objected where applicable;
    9. in a way that causes excessive bounces, complaints, spam-trap hits, blocklisting, provider sanctions, reputational harm, or material risk to our infrastructure or other customers; or
    10. to evade usage limits, rate limits, suppression lists, security controls, account suspension or other restrictions.

  2. You also agree not to:

    1. reproduce, duplicate, copy, resell or exploit any part of the Platform except as expressly permitted by these Terms;
    2. access without authorization, interfere with, damage or disrupt any part of the Platform, any equipment or network on which it is stored, any software used to provide it, or any third-party equipment, network or software;
    3. impersonate another person or entity or misrepresent your identity, authority or affiliation;
    4. overload, probe, scan or test the vulnerability of the Platform except under a written security-testing authorization from us; or
    5. create or use additional accounts to avoid suspension, termination, billing obligations or enforcement.

  3. We may immediately suspend or terminate an Account used for spam or other prohibited activity and may deny any refund. You must reimburse us for all third-party fees, fines, penalties, assessments, claims and reasonable investigation, remediation, collection and legal costs arising from your violation of this section or the Anti-spam Policy.

Restrictions

  1. Except as expressly permitted by these Terms or applicable law, you undertake:

    1. not to reproduce, copy, modify, adapt, translate, publish, display, communicate, transmit, sell or exploit the Services, Platform or their contents, except for your authorized internal business use;
    2. not to disassemble, decompile, reverse-engineer or create derivative works from any part of the Platform, except to the limited extent such restriction is prohibited by applicable law;
    3. not to provide or make the Platform, source code, object code or program listings available to any person without our prior written consent;
    4. not to remove, alter or obscure copyright, trademark or proprietary notices;
    5. to comply with all applicable export control, economic sanctions and technology-control laws;
    6. not to disrupt, disable or impair the Services, Platform or servers, including through hacking, denial-of-service attacks, tampering or reprogramming;
    7. not to access or use the Services to benchmark them for publication, conduct competitive analysis, or build or improve a competing product or service without our prior written consent; and
    8. not to access the Services through automated means except through interfaces and APIs expressly provided or authorized by us.

Intellectual Property Rights

  1. All intellectual property rights in the Platform and Services, including software, designs, documentation, trademarks and related content, belong to us or our licensors. The Platform and Services are licensed, not sold, and you receive no rights except the limited right to use them under these Terms.
  2. Intellectual property rights in Customer Content remain with you or the applicable owner. You grant us a worldwide, royalty-free, non-exclusive license to host, copy, transmit, store, display, modify as technically necessary and otherwise use Customer Content only as necessary to provide, secure, maintain and support the Services, comply with law, and enforce these Terms and our policies.
  3. You have no right to access the Platform in source-code form.
  4. Except for internal distribution to your employees and authorized users for your internal business purposes, you must not modify or separately exploit materials downloaded from the Platform unless expressly permitted by us.
  5. Our status and that of identified contributors as authors of Platform content must be acknowledged where legally required.
  6. You must not use Platform content for commercial purposes outside your authorized use of the Services without obtaining a license from us or the applicable licensor.
  7. If you provide suggestions, ideas, feedback or recommendations regarding the Services, you grant us a perpetual, irrevocable, worldwide, transferable, sublicensable, royalty-free license to use and exploit them without restriction or compensation.

Third-party services

  1. The Services may interoperate with or depend on third-party services, networks, hosting providers, payment processors, email providers, domain-name systems, recipient servers, APIs or integrations. Your use of a third-party service is governed by that third party’s terms and privacy practices.
  2. You authorize us to exchange Customer Content and other necessary information with third-party services you enable or direct us to use. We do not control and are not responsible for third-party services, including their availability, security, functionality, changes, suspension, termination or handling of data.

Warranties

  1. THE SERVICES, PLATFORM AND RELATED CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, REGARDING THEIR OPERATION, AVAILABILITY, ACCURACY, SECURITY OR FITNESS FOR A PARTICULAR PURPOSE.
  2. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICES OR ELECTRONIC COMMUNICATIONS WILL BE UNINTERRUPTED, ERROR-FREE, SECURE OR FREE OF HARMFUL COMPONENTS.
  3. We do not guarantee delivery, delivery speed, inbox placement, open rates, engagement, conversion, sender reputation or acceptance by any recipient system. Email filtering, blocking, deferral, rejection, spam placement and blocklisting may be caused by recipient systems, your content or practices, third parties, network conditions or other factors outside our control.
  4. Beta, preview, experimental or free features may be changed, suspended or discontinued at any time and may contain errors. They are provided without any service commitment or warranty.

Limitation of liability

  1. To the fullest extent permitted by law, your use of the Services, Platform and related content is at your sole risk. We are not liable for the completeness, accuracy, legality or correctness of Customer Content or information provided by users or third parties.

  2. We do not control recipient systems, email providers, networks, blocklists or third-party integrations. We are not liable for rejected, delayed, filtered or undelivered messages, spam-folder placement, blocked domains or IP addresses, reduced sender reputation, or acts or omissions of third parties.

  3. TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF STATUTORY DUTY OR OTHERWISE, FOR:

    1. loss of profits, sales, business or revenue;
    2. business interruption;
    3. loss of anticipated savings;
    4. loss, corruption or unauthorized disclosure of data or information;
    5. loss of business opportunity, goodwill or reputation;
    6. costs of substitute services; or
    7. any indirect, incidental, special, exemplary, punitive or consequential loss or damage,

    even if we were advised that such loss or damage was possible.

  4. The Platform is not intended to serve as a permanent record-keeping or backup service, and we are not liable for loss of Customer Content except to the extent liability cannot be excluded by law.

  5. TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES, PLATFORM OR THESE TERMS WILL NOT EXCEED THE GREATER OF: (A) $100; OR (B) THE FEES YOU PAID TO US FOR THE SERVICES DURING THE 12 MONTHS IMMEDIATELY BEFORE THE FIRST EVENT GIVING RISE TO LIABILITY. THIS CAP APPLIES COLLECTIVELY TO ALL CLAIMS AND LIABILITY THEORIES.

  6. The exclusions and limitations in these Terms apply even if a remedy fails of its essential purpose. Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited.

  7. To the fullest extent permitted by law, no claim arising out of or relating to the Services or these Terms may be brought more than one year after the claim accrued.

Indemnity

You will defend, indemnify and hold harmless Avantis Innovations LLC, its affiliates, and their respective directors, officers, employees, agents, contractors, licensors, successors and assigns from and against all third-party claims, regulatory actions, provider complaints, losses, liabilities, fines, penalties, assessments, damages, settlements and reasonable costs and legal fees arising out of or relating to:

  1. Customer Content or your collection, use or processing of recipient information;
  2. any email or other communication sent through your Account;
  3. your breach of these Terms, the Data Processing Agreement or Anti-spam Policy;
  4. your violation of applicable law or a third party’s rights, including privacy, data protection, intellectual property, marketing and anti-spam laws; or
  5. use of the Services by you or any user of your Account.

We may assume control of the defense and settlement of any matter subject to indemnification, and you will reasonably cooperate. You may not settle a matter in a way that admits fault by us, imposes obligations on us or restricts our rights without our prior written consent. Your indemnity obligations are not limited by the liability cap above.

Other Important Terms

  1. We may assign or transfer our rights and obligations under these Terms, including in connection with a merger, acquisition, financing, reorganization or sale of assets. You may not assign or transfer your rights or obligations without our prior written consent. Any prohibited assignment is void.
  2. No joint venture, partnership, agency, fiduciary or employment relationship is created by these Terms.
  3. These Terms, together with documents expressly incorporated by reference, constitute the entire agreement between you and us regarding their subject matter and supersede prior agreements, promises and representations. If there is a conflict, an applicable Data Processing Agreement controls solely for processing of personal data, an applicable Service Level Agreement controls solely for its availability commitments and service credits, and a signed order form or separate written agreement controls only to the extent it expressly states that it overrides these Terms.
  4. Neither party relies on statements, representations or warranties not set out in these Terms or an applicable written agreement. To the fullest extent permitted by law, neither party will have a claim for innocent or negligent misrepresentation based on a statement outside those documents.
  5. A failure or delay in enforcing a right is not a waiver. A waiver must be in writing and applies only to the specific instance stated.
  6. If any provision is held unlawful or unenforceable, it will be enforced to the maximum extent permitted and the remaining provisions will remain in effect.
  7. Neither party is liable for delay or failure caused by events beyond its reasonable control, including natural disasters, war, terrorism, civil unrest, labor disputes, utility, internet, telecommunications, hosting or cloud-provider failures, governmental action, epidemics, denial-of-service attacks or widespread security incidents, except that this section does not excuse your payment obligations.
  8. These Terms and any dispute arising out of or relating to them or the Services are governed by the laws of the State of Wyoming, without regard to conflict-of-law rules, and the United Nations Convention on Contracts for the International Sale of Goods does not apply.
  9. Before starting formal proceedings, a party must give written notice describing the dispute and requested relief and allow 30 days for good-faith resolution. Any dispute not resolved within that period will be finally resolved by binding arbitration on an individual basis administered by the American Arbitration Association under its Commercial Arbitration Rules by one arbitrator. The Federal Arbitration Act governs this section. The arbitration will be conducted in English, and the legal seat will be Sheridan County, Wyoming, although hearings may occur remotely. Either party may bring an eligible individual claim in small-claims court or seek temporary or injunctive relief in a court of competent jurisdiction to protect intellectual property, confidential information, security or prevent unauthorized use.
  10. YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN A CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE-ATTORNEY-GENERAL OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY AWARD RELIEF ONLY TO THE INDIVIDUAL PARTY SEEKING RELIEF. EACH PARTY WAIVES ANY RIGHT TO A JURY TRIAL. If the arbitration requirement is held unenforceable for a particular dispute, that dispute must be brought exclusively in the state courts located in Sheridan County, Wyoming, or the federal courts serving Wyoming, and each party consents to personal jurisdiction and venue there.
  11. Notices from us may be delivered to the email address associated with your Account, through the Platform, or by posting on the Platform. Legal notices to us must be sent to the address below and to any legal-contact email address identified on the Platform. Electronic notices are considered received when sent unless the sender receives a delivery-failure notice.
  12. Provisions that by their nature should survive termination will survive, including payment obligations, intellectual property provisions, warranty disclaimers, limitations of liability, indemnity and dispute-resolution provisions.
  13. These Terms do not create third-party beneficiary rights. Headings are for convenience only and do not affect interpretation.

These Terms are effective as of July 25, 2026.

Avantis Innovations LLC
75 East 3rd Street
Sheridan, WY 82801
United States