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").

• Binding Agreement: By creating an account, clicking accept, or accessing the Service, you agree to these Terms on behalf of yourself and any legal entity you represent.
• Authority Representation: You confirm that you have full legal power and authority to bind your organization to these Terms.

2.The Service & Credit System

The Service operates on a unified, high-precision credit metering system:

• Metered Actions: Credits are consumed for cold email sending, MoxCheck list verification, MoxWarm network peer warmup, and AI copy generation at current published rates.
• 30-Day Rollover: Unused credits roll over for thirty (30) days from their issuance date before expiring without cash refund.
• No Cash Value: Credits are non-transferable, non-refundable, and cannot be redeemed for legal tender.

3.Plans, Billing & 12-Month Rate Lock

• Billing Frequency: Paid subscriptions are billed in advance on either a monthly or discounted annual billing cycle.
• 12-Month Rate Lock: The subscription plan and credit pricing in effect at your initial signup are locked for your first twelve (12) months of continuous paid subscription.
• Taxes: All listed fees are exclusive of applicable statutory taxes (including VAT or GST), which will be itemized at checkout.
• Refund Policy: Except where required by applicable law, all subscription fees and credit top-ups are non-refundable.

4.Acceptable Use & Anti-Spam Obligations

You are strictly responsible for your campaigns and compliance with electronic marketing laws (CAN-SPAM, GDPR, CASL, UAE TDRA, Saudi PDPL, and India DPDP/TRAI). You explicitly agree NOT to:

• Send unsolicited bulk email without a valid legal basis or legitimate B2B outreach justification.
• Import, upload, or utilize purchased, scraped, or harvested recipient contact lists.
• Omit an immediate, functional unsubscribe link or fail to suppress opt-out requests within ten (10) days.
• Impersonate any third party, forge SMTP headers, or disguise the true origin of any email message.
• Transmit defamatory, infringing, deceptive, malicious, or phishing payloads.
• Attempt to bypass rate limits, sending quotas, warm-up pacing, or list verification safety gates.

5.Customer Data & Recipient Information

• Data Ownership: You retain complete ownership of all campaign content, uploaded recipient lists, and contact data.
• Processor Appointment: You appoint MoxSend as your data processor to handle recipient data solely to deliver the Service.
• Lawful Basis Warranty: You warrant that you possess all necessary permissions and lawful bases to upload and email your recipient lists.

6.AI Content Generation

• AI Assisted Drafting: Sequence copy and subject lines are generated by machine learning models and must be reviewed by you before sending.
• Intellectual Property Rights: You retain ownership of your prompts and, to the extent permitted by law, receive assigned rights to the generated output.
• Data Isolation: Your proprietary campaign data and prompts are never used to train public models for other customers.

7.Intellectual Property Rights

• Platform Ownership: The Service, software code, UI designs, and the MoxSend, MoxWarm, and MoxCheck trademarks remain the exclusive property of EaseHawk Technologies.
• Limited License: We grant you a revocable, non-exclusive, non-transferable license to access the platform during your active subscription.
• Prohibited Actions: You may not reverse engineer, decompile, copy, or redistribute any platform code or API endpoints.

8.Confidentiality

• Duty of Care: Each party agrees to protect the other's non-public proprietary information with at least reasonable professional care.
• Scope of Use: Confidential materials may only be utilized as necessary to perform obligations under these Terms.

9.Warranties & Disclaimers

• "As Is" Basis: The Service is provided on an "as is" and "as available" basis without express or implied warranties.
• Deliverability Factors: MoxSend does not guarantee 100% inbox placement or specific open rates, as deliverability is influenced by recipient mailserver policies and sender practices.
• Target Availability: While we aim for 99.9% uptime, we do not warrant uninterrupted or error-free continuous operation.

10.Limitation of Liability

• Exclusion of Consequential Damages: Neither party is liable for indirect, special, incidental, punitive, or consequential damages, or lost revenue/profits.
• Aggregate Liability Cap: Our total aggregate liability arising out of the Service is strictly capped at the total amount paid by you in the twelve (12) months preceding the claim.

11.Indemnification

You agree to defend, indemnify, and hold harmless MoxSend and its officers against any third-party claims, liabilities, or legal expenses arising from your email campaigns, uploaded lists, or breach of Sections 4 or 5.

12.Suspension & Account Termination

• Cancellation by You: You may cancel your subscription at any time via Account Settings, effective at the end of the current billing cycle.
• Suspension for Cause: We reserve the right to throttle, suspend, or terminate accounts immediately for anti-spam violations, fraud, or non-payment.
• Post-Termination Data: Following termination, customer data is held and deleted according to the Privacy Policy retention schedule.

13.Modifications to Terms

We may update these Terms from time to time. Material modifications will be communicated at least fourteen (14) days in advance via email or in-app notification. Continued use after the effective date constitutes acceptance.

14.Governing Law & Jurisdiction

• Governing Law: These Terms and any related disputes are governed exclusively by the substantive laws of India.
• Exclusive Venue: The courts of New Delhi, India hold exclusive jurisdiction over any legal proceedings arising hereunder.

15.Contact Us

For questions or legal notices regarding these Terms, please contact hello@moxsend.ai.