Terms of Service

1.Acceptance of these Terms

These Terms of Service ("Terms") govern access to and use of the MoxSend platform, including the MoxWarm domain-warmup service, the MoxCheck verification service, AI writing features, and all related websites, applications, and APIs (together, the "Service"), operated by EASEHAWK TECHNOLOGIES PRIVATE LIMITED ("MoxSend", "we", "us"). By creating an account, clicking accept, or using the Service, you agree to these Terms on behalf of yourself and any organisation you represent, and you confirm you have authority to bind that organisation.

2.The Service & Credits

The Service operates on a unified credit system. Credits are consumed by platform actions (sending, verification, warmup, AI generation) at the rates published on our pricing page at the time of use. Unused credits roll over for thirty (30) days from their issue date and then expire without refund. Credits have no cash value, are non-transferable, and are not redeemable.

3.Plans, Billing & the 12-Month Rate Lock

• Paid plans are billed monthly or annually in advance. Annual plans are billed as a single upfront payment reflecting the discount displayed at checkout.
• Rate lock: the per-credit and plan rates in effect when you first subscribe to a paid plan are locked for the first twelve (12) months of continuous paid subscription. Rate changes after that period will be notified at least thirty (30) days in advance.
• Fees are exclusive of taxes; you are responsible for applicable VAT/GST or withholding.
• Refunds: except where required by law, fees are non-refundable; annual plans cancelled mid-term continue until the end of the paid period.

4.Acceptable Use & Anti-Spam

You are solely responsible for your campaigns, your recipient data, and your compliance with all applicable electronic-marketing and data-protection laws, including (as applicable) CAN-SPAM, GDPR and PECR, Canada's CASL, the UAE and Saudi data-protection and telecom regulations, and India's DPDP Act and TRAI regulations. Without limiting the foregoing, you must not:

• send unsolicited bulk email to recipients with whom you have no legitimate basis for contact;
• use purchased, harvested, or scraped recipient lists;
• omit a functioning unsubscribe mechanism or fail to honour opt-outs promptly;
• impersonate any person or entity, forge headers, or misrepresent message origin;
• transmit malware, phishing, or unlawful, defamatory, or infringing content;
• attempt to circumvent credit metering, sending limits, warmup pacing, or verification gating.

We may suspend or throttle sending immediately where we reasonably believe use endangers deliverability infrastructure, other customers, or violates this Section.

5.Your Data & Recipient Data

As between the parties, you own your campaign content and recipient data. You appoint us as a processor/service provider to process recipient personal data solely to provide the Service, as further described in the Privacy Policy and the Data Processing Addendum. You warrant you have all rights and lawful bases required to upload and process recipient data through the Service.

6.AI Features

AI-generated drafts are produced by machine-learning systems and may contain errors. You are responsible for reviewing content before sending. You retain rights in your inputs and, to the extent permitted by law, we assign to you our rights in the generated output of your prompts. We do not use your private campaign content to train models available to other customers.

7.Intellectual Property

The Service, including software, design, and the MoxSend, MoxWarm, and MoxCheck marks, is owned by us or our licensors. We grant you a limited, non-exclusive, non-transferable licence to use the Service during your subscription. No rights are granted except as expressly stated.

8.Confidentiality

Each party will protect the other's non-public information with at least reasonable care and use it only to perform under these Terms.

9.Warranties & Disclaimers

The Service is provided "as is" and "as available". We do not warrant uninterrupted operation, specific inbox-placement rates, open or reply rates, or verification accuracy percentages. Deliverability depends on factors outside our control, including recipient-server behaviour and your sending practices.

10.Limitation of Liability

To the maximum extent permitted by law: (a) neither party is liable for indirect, incidental, special, consequential, or punitive damages, or lost profits, revenue, or data; and (b) our aggregate liability arising out of the Service is limited to the fees you paid to us in the twelve (12) months preceding the event giving rise to the claim. Nothing limits liability that cannot be limited by law.

11.Indemnity

You will defend and indemnify us against third-party claims arising from your campaigns, your recipient data, or your breach of Section 4 or 5.

12.Suspension & Termination

You may cancel at any time from your account settings, effective at the end of the current billing period. We may suspend or terminate for material breach (including anti-spam violations), unlawful use, or non-payment. On termination, unused credits lapse and we will delete or return your data per the Privacy Policy retention schedule.

13.Changes to the Service or Terms

We may update the Service and these Terms; material changes will be notified at least fourteen (14) days in advance by email or in-app notice. Continued use after the effective date constitutes acceptance.

14.Governing Law & Disputes

These Terms are governed by the laws of India, and the courts of New Delhi, India have exclusive jurisdiction.

15.Contact

Questions about these Terms: hello@moxsend.ai.