Terms of Service

You must provide accurate and complete registration information and keep it current. You are responsible for maintaining the confidentiality of your login credentials, restricting unauthorized access, ensuring account users are authorized, and promptly notifying us of suspected unauthorized access or security incidents. You must not impersonate another person or organization, create accounts using false information, or misrepresent your identity or affiliation. We may request additional information to verify your account, investigate suspicious activity or meet legal and security obligations.

Flickmail provides tools designed to help users create, manage, send and evaluate email campaigns. Depending on your plan and available features, the Service may include Google Gemini AI-powered email content and design; responsive HTML templates; contact imports and intelligent CSV column mapping; email verification using DNS checks and services such as ZeroBounce; merge-tag personalization; tag-based segmentation and dynamic audience groups; contact separation across supported clients, workspaces or brands; immediate and scheduled sending; resending to recipients who did not open an earlier email; batch delivery through the Zoho ZeptoMail REST API; link tracking; campaign analytics and interaction audit logs; and background processing.

Features may vary by subscription, account configuration, technical availability and applicable restrictions. We may modify, suspend or discontinue features where reasonably necessary for product development, security, legal compliance or operations. Where required by law, we will provide notice or obtain consent before material changes.

You are responsible for managing users, workspaces, client accounts and permissions. Where multi-tenant contact isolation is available, it is designed to keep information separated between supported workspaces or clients; you must configure and use these features appropriately. You must not access another user's workspace, subscriber list, campaign information or account data without authorization. Remove access for people who no longer require it. No security measure guarantees absolute protection. You remain responsible for appropriate account security, and Flickmail remains responsible for obligations imposed by applicable law and contractual commitments.

You must use Flickmail lawfully and responsibly. You must not use the Service to send spam or unlawful unsolicited bulk email; distribute phishing messages, fraud, malware or deceptive links; facilitate harassment, threats or other unlawful activity; process personal information without an appropriate legal basis or required authorization; circumvent unsubscribe requests, suppression lists, bounce handling or recipient preferences; upload stolen or unauthorized contact lists; interfere with the Service's operation, availability or security; probe or test vulnerabilities without written authorization; reverse engineer the Service except where applicable law expressly permits it; circumvent usage limits, authentication, rate limits or subscription restrictions; or infringe another person's intellectual property, privacy or other rights.

We may investigate suspected violations and take proportionate action, including requesting information, restricting sending privileges, suspending an account or terminating access, subject to applicable law.

You are responsible for compliance with laws applicable to you, your recipients and your business. Depending on circumstances, these may include the US CAN-SPAM Act, Canada's Anti-Spam Legislation (CASL), the EU General Data Protection Regulation (GDPR), the UK GDPR, the Privacy and Electronic Communications Regulations (PECR), and other privacy and electronic marketing laws.

You agree to obtain consent or establish another valid legal basis where required; maintain required consent records; identify yourself accurately; use truthful subject lines and sender information; include required business details; provide a clear unsubscribe mechanism where required; honor unsubscribe requests and suppression requirements within legally required timeframes; respect suppression lists; avoid invalid, purchased, scraped or unlawfully obtained addresses; and respond appropriately to complaints and requests.

Email verification does not establish consent. Flickmail does not provide legal advice or guarantee that campaigns comply with every law. You remain responsible for ensuring your collection, targeting and sending practices are lawful. We may restrict campaigns that reasonably appear to violate these requirements or create significant legal, security or deliverability risks.

You retain ownership of contact lists, subscriber records, campaign content and other materials you lawfully upload, subject to third-party rights. You represent that you have the necessary rights, permissions and legal basis to upload, store, process and use this information.

You are responsible for the accuracy, legality and appropriateness of contact data, including names, email addresses, tags, segments and personalization fields. Do not upload sensitive personal information or specially protected data unless the Service expressly supports the processing and all legal requirements are met.

You authorize Flickmail to host, process, transmit and handle data as reasonably necessary to provide, maintain, secure and support the Service in accordance with these Terms and our Privacy Policy. Do not use subscriber data for purposes incompatible with the permissions, notices or legal basis under which it was collected. Privacy, retention, deletion, international transfers and data-subject rights are addressed in our Privacy Policy and any applicable data processing agreement.

Flickmail may use Google Gemini AI and related technologies to generate email copy, campaign ideas, layouts and other content. AI-generated content may be inaccurate, incomplete, inappropriate or unsuitable; may require editing, fact-checking and human review; and is not guaranteed to be unique, error-free, legally compliant or free of third-party rights concerns.

You are responsible for reviewing content, links, claims, images, personalization and other campaign elements before sending. Do not submit confidential, personal or sensitive data to AI features unless the processing is authorized and consistent with applicable policies and law. AI features are assistance tools and do not replace professional judgment or legal review. Third-party AI services may also be subject to their own terms and policies. Data treatment is governed by our Privacy Policy and applicable provider arrangements.

Flickmail may provide pre-designed HTML templates, campaign layouts and personalization features. Subject to these Terms and third-party rights, you may use available templates to create and send campaigns for authorized business purposes. Unless expressly permitted, you must not resell, redistribute, sublicense or commercially exploit Flickmail templates or proprietary assets as standalone products.

Supported merge tags may include |FNAME|, |LNAME|, |FULL_NAME| and |EMAIL|. You are responsible for correct field mapping and testing. Incorrect mapping or missing data may produce incomplete or unintended content. Preview and test campaigns before sending. Templates are not guaranteed to render identically across all email clients, devices, browsers or accessibility tools.

Flickmail may offer verification involving DNS checks and services such as ZeroBounce. Results are estimates and do not guarantee that an address is active, that consent exists or that a message will reach an inbox.

Deliverability may be affected by recipient mail-server policies, sender reputation, authentication, content, recipient behavior, spam filtering, network failures and third-party services. Flickmail does not guarantee inbox placement, delivery, open rates, click-through rates or conversions. You are responsible for required sender-domain authentication and lawful sending practices.

Flickmail may use Google Gemini AI, ZeroBounce, Zoho ZeptoMail and other infrastructure, analytics, hosting, security or technical providers. These providers may have their own terms, policies, availability requirements and limitations. Your use may be subject to their terms. Flickmail is not responsible for independent third-party changes, outages or conduct except as required by law or an express contractual commitment. Provider references do not imply endorsement. We may change integrations where reasonably necessary, subject to legal and contractual obligations.

Flickmail may support immediate sending, scheduled campaigns, batch processing and background tasks. Before confirming a campaign, check content, recipients, settings, scheduled times and time-zone configuration. Delivery times may be affected by processing, provider availability, networks and recipient time-zone data.

Batch limits, including any configured limit of up to 500 recipients per API batch, are technical parameters, not guarantees of overall capacity, speed or successful delivery. Background processing does not guarantee uninterrupted processing or immediate completion. A submitted or scheduled campaign is not necessarily delivered; review available status indicators and reports.

Flickmail may provide campaign reports, click tracking, delivery metrics and interaction audit logs. Depending on enabled features, records may include campaign identifiers, recipient information, IP addresses, user-agent information, event types and timestamps.

You are responsible for ensuring that tracking and recipient-level reporting comply with applicable privacy, cookie, electronic communications and data protection requirements. Where required, provide notices, obtain consent and explain tracking to recipients. Analytics may be incomplete or affected by privacy protections, automated scanners, blocked images, proxy services and email-client behavior. Metrics are informational and are not guaranteed measurements of human engagement or business results.

Certain features may require a paid subscription. Plan, pricing, usage limits, billing frequency, taxes and payment terms will be disclosed at purchase or in a separate agreement. You agree to pay applicable charges.

Unless otherwise stated or required by law, fees are billed according to the selected period; you are responsible for applicable taxes; payment information must remain current; and additional usage charges apply only where disclosed. Pricing changes will be communicated as required by law and the relevant subscription terms. Free plans, trials, promotions, refunds and cancellation rights are governed by the applicable offer and law. We will not assume agreement to undisclosed charges.

You may cancel according to the procedure for your account and plan. Cancellation may stop future renewals but does not automatically entitle you to a refund, except as provided by the offer, agreement or law.

We may suspend or terminate access for material breach, significant security/legal/operational risk, spam or fraud, overdue payment after applicable notice or grace period, legal requirement, or discontinuation of the Service subject to legal obligations. Where practicable, we will provide notice and an opportunity to remedy a breach, except where immediate action is needed for security, compliance or prevention of harm.

Upon termination, your right to use the Service ends. Data export, retention and deletion are handled under the Privacy Policy, applicable data processing agreements and legal obligations. Provisions that by nature should survive termination remain effective.

Flickmail and its licensors retain rights in the Service, including software, design, branding, logos, interfaces, documentation, technology and platform materials, except for rights expressly granted to you.

Subject to these Terms, Flickmail grants you a limited, non-exclusive, non-transferable, revocable license to use the Service for authorized business purposes while your account is active. You must not copy, distribute, sell, sublicense, modify, reverse engineer or create derivative works from proprietary platform components except as permitted by Flickmail or applicable law.

You retain rights in content and data you own or are authorized to use. You grant Flickmail a limited right to process them as necessary to provide, secure, maintain and support the Service. Do not remove proprietary notices. All rights not expressly granted are reserved.

If you provide feedback, you permit Flickmail to use it to improve or develop the Service without compensation, provided this does not grant Flickmail ownership of your personal information or confidential material merely because you submitted it. Do not submit confidential information through general feedback channels unless an appropriate agreement or secure process permits it.

Your use of Flickmail is also governed by our Privacy Policy, which explains how personal information is collected, used, disclosed, stored and protected. We may process information to manage accounts and subscribers, deliver campaigns, provide analytics, prevent abuse, process payments and maintain security.

Depending on the relationship and applicable law, you may act as controller or business responsible for subscriber data, while Flickmail may act as processor or service provider. Actual roles depend on the processing and applicable law. Where required, the parties must enter into a data processing agreement. You are responsible for providing required privacy notices and responding to applicable requests concerning personal information. Review the Flickmail Privacy Policy for details.

We use measures designed to protect the Service and information processed through it, but no online service, transmission or storage system is completely secure. The Service may experience maintenance, downtime, delays, errors, capacity limits or interruptions caused by technical issues, third-party providers, networks or events beyond reasonable control.

We do not guarantee uninterrupted or error-free availability unless a separate written service-level agreement says otherwise. Report suspected vulnerabilities or unauthorized access through the designated support channel. Do not exploit vulnerabilities or access data without authorization.

To the maximum extent permitted by law, the Service is provided “as is” and “as available.” Except for express written warranties or warranties that cannot lawfully be excluded, Flickmail disclaims implied warranties and conditions, including merchantability, fitness for a particular purpose, availability, accuracy and non-infringement.

We do not warrant that AI content will always be accurate; every email will reach its intended recipient or inbox; metrics will capture every interaction; the Service will be uninterrupted or error-free; Flickmail will produce specific business results; or templates will work with every email client or device. Nothing excludes a warranty, guarantee or consumer right that cannot legally be excluded.

To the maximum extent permitted by law, Flickmail will not be liable for indirect, incidental, special, exemplary, punitive or consequential losses related to the Service, including loss of profits, revenue, business opportunities, goodwill or data, where legally permitted.

To the maximum extent permitted by law, Flickmail's total aggregate liability arising from or relating to the Service or these Terms will be limited to [insert an appropriate liability cap, such as fees paid or payable for the Service during the preceding twelve months]. This cap must be reviewed and completed before publication.

These limitations do not apply to liabilities that cannot lawfully be limited or excluded or override non-waivable consumer rights. Nothing limits liability where such limitation is prohibited by law.

To the extent permitted by law, you agree to indemnify and hold harmless Flickmail and its affiliates, officers, employees and service providers against third-party claims, losses, liabilities and reasonable expenses arising from your unlawful or unauthorized use; breach of these Terms; violation of email marketing, privacy or data protection laws; content or contact data you upload or transmit; infringement of another person's rights; or failure to obtain required consent or authorization.

You are not required to indemnify Flickmail for losses caused by Flickmail's own breach, negligence or misconduct to the extent prohibited by law.

We may update these Terms to reflect changes in the Service, operations, technology, legal requirements or security practices. Revised Terms will be posted on the website or made available through the Service with an updated date. Where required by law, we will provide advance notice or request consent before material changes take effect.

Continued use after revised Terms become effective constitutes acceptance where legally valid. If you disagree, stop using the affected Service and may cancel in accordance with applicable terms.

These Terms are governed by the laws of [insert applicable state, province or country], without regard to conflict-of-law principles, except where mandatory consumer protection or other laws apply. Courts located in [insert jurisdiction] will have jurisdiction, subject to mandatory rights and dispute-resolution requirements.

Nothing prevents either party from seeking urgent legal relief or limits a consumer's right to bring a claim in a forum required by law. Complete this section only after confirming Flickmail's legal entity, principal place of business and intended jurisdiction.

You agree that Flickmail may communicate electronically about your account, service updates, security, billing, legal notices and operational matters, subject to law. Notices may be provided by email, in-product notification or publication through the Service where legally appropriate. Keep your email address valid and review account communications. Marketing communications remain subject to consent and opt-out requirements.

Neither party is responsible for delay or failure to perform to the extent caused by events beyond reasonable control, including natural disasters, war, civil unrest, government action, widespread network failure, power outages, infrastructure disruption or third-party service failures. This does not excuse payments already due or obligations that cannot legally be excused. The affected party will take reasonable steps to mitigate impact and resume performance when practicable.

If a provision is invalid or unenforceable, it will be limited or modified to the minimum extent necessary and the remaining provisions will continue in effect. Failure or delay in exercising a right is not a waiver. Any waiver must be legally effective and applies only as expressly stated.

You may not transfer or assign your rights or obligations under these Terms without prior written consent, except where applicable law provides otherwise. Flickmail may assign or transfer these Terms as part of a merger, restructuring, sale of assets or transfer of the relevant business, subject to applicable law and required notice or consent.

These Terms, the Flickmail Privacy Policy, any applicable data processing agreement, subscription terms and other agreements expressly incorporated by reference constitute the agreement concerning your use of the Service. If a separate written agreement expressly governs a particular service or transaction, it prevails to the extent of a direct conflict.

For questions, concerns or legal notices regarding these Terms, contact:

Please include “Terms of Service Inquiry” in the subject line where appropriate.