Terms of Service

01Who we are

The platform at bookmyspot.us is operated by BookMySpot , registered at [registered address], registration number [company registration number]. In these terms, we and us mean that company, and you means the person or organisation holding the account.

If you are accepting these terms for an organisation, you confirm that you are authorised to bind it.

02The service

We provide infrastructure for sending transactional email: a REST API, an SMTP relay, DKIM signing against domains you control, sending IP pools, delivery and bounce processing, suppression management, and a record of what happened to each message.

The service transmits messages you submit. We do not write, review or approve your content, and we are not a party to your relationship with your recipients.

What we do not promise

We do not and cannot guarantee that a message will reach a recipient's inbox. Delivery and placement are decided by the receiving mail provider using its own filtering, your sending reputation, your content and your recipients' behaviour. We provide authentication, infrastructure and diagnostics; the receiving provider makes the decision.

03Your account

You are responsible for:

• the accuracy of the information you give us, including billing details;
• keeping API keys and SMTP credentials secret, and rotating them if exposed;
• everything sent through your account, whether by you, your staff, your software or someone who obtained your credentials;
• having a lawful basis for sending to every recipient address you submit.

Tell us promptly at support@bookmyspot.us if you believe your credentials have been compromised. Until you do, sending from your account is treated as sending by you.

You must be at least 18 and able to enter into a contract.

04Acceptable use

Your use of the platform is governed by our Acceptable Use Policy, which forms part of these terms. It is worth reading in full rather than skimming: the rules about how recipient addresses may be obtained are the ones that most often lead to an account being suspended.

05Fees and billing

Plans and the free allowance

Current prices are shown on the pricing page. Every new account includes 500 messages at no charge so the service can be evaluated properly before any payment is taken.

Charges

• Subscription fees are billed in advance for each billing period.
• Usage beyond a plan's included volume is billed in arrears at the rate published on the pricing page.
• Prices exclude VAT, sales tax and any other applicable tax, which is added where required.
• Payment is due on the invoice date. We may suspend sending on an account whose payment has failed, after notifying you.

Changes to pricing

We may change prices. For an existing subscription, a change takes effect at the start of the next billing period after we have given you at least 30 days notice. You may cancel before it takes effect.

Cancellations and refunds are covered by the Refund and Cancellation policy.

06Your data and content

You keep all rights in the content you send and the recipient data you submit. You grant us only the permission needed to operate the service: to transmit, store, process and log your messages so they can be delivered, and so you can see what happened to them.

For personal data about your recipients we act as a processor and you act as the controller. How we handle personal data is set out in the Privacy Policy, and customers who need a formal processor agreement should use our Data Processing Addendum.

Retention

Message content is retained briefly for delivery and troubleshooting, then deleted. Delivery metadata — identifiers, timestamps, status codes and the response text returned by the receiving server — is retained longer so the history of a message remains answerable. Current retention periods are in the Privacy Policy.

Suppression records

When a recipient unsubscribes, complains, or an address hard-bounces, we retain a record so that suppression can be honoured. We keep this even after an account closes, because the alternative is being unable to honour an opt-out a person has already exercised.

07Availability and support

We aim for high availability and publish current platform status, but except where a written service level agreement says otherwise, the service is provided without an availability guarantee.

We may carry out maintenance. Where maintenance is planned and likely to affect sending, we give notice in advance. Emergency maintenance may be carried out without notice where it is needed to protect the platform or its users.

Support is provided by email at support@bookmyspot.us. Response targets by plan are on the pricing page.

08Suspension and termination

By you

You may cancel at any time from the dashboard. Cancellation takes effect at the end of the current billing period unless the Refund and Cancellation policy provides otherwise.

By us

We may suspend or limit sending on an account where:

• the Acceptable Use Policy is being breached;
• complaint or bounce rates reach a level that threatens delivery for other customers on shared infrastructure;
• we have reasonable grounds to believe the account has been compromised;
• payment has failed and remains unpaid after notice;
• we are required to by law.

Where the circumstances allow, we will tell you first and give you an opportunity to fix the problem. Where sending is causing active harm — a compromised account sending spam, for example — we will suspend first and explain immediately afterwards, because the damage to the sending IPs accumulates while anyone deliberates.

We may terminate this agreement on 30 days notice, or immediately for a serious or repeated breach.

After termination

Sending stops. You may export your delivery records and suppression list for 30 days, after which data is deleted other than records we are required to keep or need in order to honour suppression.

09Warranties and disclaimers

We warrant that we will provide the service with reasonable skill and care.

Beyond that, and to the extent the law allows, the service is provided as is. We do not warrant that it will be uninterrupted or error free, that any particular message will be delivered or placed in an inbox, or that it will meet a requirement you have not agreed with us in writing.

Nothing in these terms excludes liability that cannot lawfully be excluded, including for death or personal injury caused by negligence, or for fraud.

10Limitation of liability

Subject to the paragraph above, and to the extent the law allows:

• neither party is liable for indirect or consequential loss, loss of profit, loss of revenue, loss of goodwill, or loss of anticipated savings;
• we are not liable for loss arising from a receiving provider's decision to filter, delay or refuse a message;
• our total liability in any twelve-month period is limited to the fees you paid us in the twelve months before the claim arose.

11Indemnity

You will indemnify us against claims, losses and reasonable costs arising from your content, your use of the service in breach of these terms or the Acceptable Use Policy, or your lack of a lawful basis for contacting a recipient.

12Changes to these terms

We may change these terms. For a change that materially affects you we give at least 30 days notice by email to the address on the account and by updating the date at the top of this page. Continuing to use the service after a change takes effect means you accept it; if you do not, you may cancel.

13Governing law

These terms are governed by the law of [jurisdiction], and the courts of [jurisdiction] have exclusive jurisdiction over any dispute, except that either party may seek urgent injunctive relief in any competent court.

If a provision is found unenforceable, the rest remains in force. Our not enforcing a provision on one occasion does not waive it.