Terms of Service

1. Introduction

These Terms of Service ("Terms") govern your access to and use of Ficka Mail (the "Service"), operated by Ficka Mail ("we", "us", "our"). By creating an account, accessing, or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

You must be at least 18 years old, or the age of majority in your jurisdiction, to use the Service. If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

2. Your account

When you register, you agree to provide accurate and complete information, and to keep that information up to date. You are responsible for safeguarding your credentials and for any activity that occurs under your account.

• You must notify us promptly of any unauthorized access to or use of your account.
• You may not share your account or transfer it to another party without our written consent.
• We may suspend or terminate accounts that violate these Terms or that pose a risk to the Service or to other users.

3. Subscriptions & billing

Paid plans renew automatically at the interval shown at purchase (monthly or otherwise) until cancelled. By subscribing, you authorize us to charge the applicable fees, taxes and any applicable renewal charges to your chosen payment method.

• Pricing. Current prices are listed on our pricing page. We may change pricing prospectively; changes will not apply to the remainder of a pre-paid term.
• Taxes. Prices exclude VAT, GST, sales tax and similar charges, which you are responsible for.
• Cancellation. You can cancel at any time from your account. Cancellation stops further renewals; it does not retroactively refund the current billing period except as set out in our Refund Policy.
• Failed payments. If we cannot collect payment we may retry, downgrade, or suspend your account until the balance is resolved.

4. Your content

"Your Content" means any data you upload, send or store through the Service — including subscriber lists, email templates, campaigns, images and any other material. You retain ownership of Your Content.

You grant us a worldwide, non-exclusive, royalty-free licence to host, store, process and transmit Your Content solely to provide and improve the Service, comply with legal obligations, and enforce these Terms.

You represent and warrant that:

• You own Your Content, or have the rights and permissions necessary to use, store and send it through the Service.
• Every recipient on a subscriber list has given valid consent to receive your emails, or you have another lawful basis for contacting them.
• Your Content does not infringe any third party's rights and does not violate applicable law.

5. Acceptable use

You must use the Service in compliance with our Acceptable Use Policy, which is incorporated into these Terms by reference. Violations may result in immediate suspension or termination.

6. Service availability

We work to keep the Service available and reliable, but we do not guarantee uninterrupted or error-free operation. Maintenance windows, third-party outages, misconfiguration on your own infrastructure (when self-hosted), and events beyond our reasonable control may affect availability.

We may change, suspend or discontinue features at any time with reasonable notice where practical.

7. Termination

You may terminate your account at any time. We may suspend or terminate your access immediately if you breach these Terms, if required by law, or if continued provision of the Service poses a security or legal risk.

On termination: your right to access the Service ends; we may delete Your Content after a reasonable grace period; any outstanding fees become immediately due; and sections that by their nature should survive (ownership, warranty disclaimers, liability, indemnity, dispute resolution) continue to apply.

8. Disclaimers & limitation of liability

The Service is provided "as is" and "as available", without warranties of any kind, whether express, implied or statutory, to the fullest extent permitted by law. We disclaim all implied warranties including merchantability, fitness for a particular purpose and non-infringement.

To the fullest extent permitted by law, Ficka Mail and its suppliers will not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, revenue, data, goodwill or business opportunity, whether or not foreseeable.

Our aggregate liability arising out of or relating to these Terms or the Service will not exceed the greater of (a) the fees you paid to us in the 12 months preceding the event giving rise to the claim, or (b) one hundred United States dollars (USD 100).

9. Changes to these terms

We may update these Terms from time to time. Material changes will be communicated via the Service or by email at least 14 days before they take effect. Continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

10. Contact

If you have questions about these Terms, please email legal@fickamail.com.