Terms of Service

These Terms of Service ("Terms") form a binding agreement between you ("Customer", "you") and Zerokit ("Zerokit", "we", "us") and govern your access to and use of the Zerokit transactional email platform, APIs, SDKs, dashboard, and any related services (collectively, the "Service"). By creating an account, accessing the dashboard, or sending any email through the Service you agree to be bound by these Terms.

If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have authority to bind that entity, and "you" refers to that entity.

1. The Service

Zerokit provides infrastructure for sending transactional email — an HTTP API, SMTP relay, webhooks, templates, domain authentication (SPF/DKIM/DMARC), event tracking, and a dashboard for managing the above. The Service is intended for transactional and operational email triggered by user actions (sign-ups, receipts, password resets, notifications). Bulk marketing campaigns require the addition of opt-in tooling and the explicit acceptance of our Acceptable Use Policy.

2. Accounts

You must register an account to use the Service. You agree to provide accurate information, keep it current, and safeguard your credentials, API keys, and second-factor devices. You are responsible for all activity that occurs under your account, including activity by teammates you invite. Notify us promptly if you suspect an API key or password has been compromised.

We may suspend or terminate accounts that violate these Terms, the Acceptable Use Policy, or applicable law.

3. Beta & closed access

The Service is currently offered as a closed beta. Features may change, become unavailable, or be removed without notice. We do not guarantee continuity of beta features and may rate-limit, gate, or revoke access at any time during this period.

4. Customer content

"Customer Content" means all email messages, recipient addresses, templates, attachments, tracking data, webhook payloads, and any other data you submit to or transmit through the Service. You retain ownership of Customer Content. You grant Zerokit a worldwide, non-exclusive, royalty-free license to host, process, transmit, and display Customer Content solely as necessary to provide the Service, prevent abuse, comply with law, and improve operational reliability.

You represent that you have all rights, consents, and legal bases required to send each email through the Service to its recipients, and that the content does not infringe, defame, or violate any third party's rights.

5. Acceptable use

Your use of the Service is subject to the Acceptable Use Policy, which is incorporated into these Terms by reference. Violations can result in rate-limiting, suspension, or termination — at our discretion and without prior notice in cases of imminent harm to recipients, sending-domain reputation, or the platform.

6. Fees and billing

Paid plans are billed in advance on a recurring basis at the rate listed on our pricing page at the time of purchase. Usage-based overages (e.g., emails sent beyond the included monthly volume) are billed in arrears. All fees are in EUR unless stated otherwise, are exclusive of applicable taxes, and are non-refundable except where required by law.

We may change fees with at least thirty (30) days' notice via email. Continued use of the Service after the effective date constitutes acceptance of the new fees.

7. Service availability

We aim for high availability but do not guarantee uninterrupted service. Scheduled maintenance, third-party outages (including AWS SES, our upstream delivery provider), and force majeure events may cause temporary disruptions. A specific service-level commitment (SLA), if any, is provided separately for enterprise customers.

8. Data protection

Our processing of personal data is described in the Privacy Policy. Where Zerokit acts as a processor of personal data on your behalf (for example, when you transmit recipient personal data through the Service), the terms of the Data Processing Addendum apply and form part of this agreement.

9. Confidentiality

Each party may disclose information that is marked or reasonably understood as confidential. The receiving party will use the same degree of care it uses to protect its own confidential information (and no less than reasonable care), will use it only to perform under these Terms, and will not disclose it except to employees, contractors, and advisors bound by similar obligations.

10. Intellectual property

Zerokit and its licensors retain all rights, title, and interest in the Service, including all software, documentation, APIs, SDKs, and brand assets. Nothing in these Terms transfers any intellectual property rights to you except the limited right to use the Service in accordance with these Terms.

Feedback you provide is non-confidential, and you grant us a perpetual, irrevocable license to use it to improve the Service without obligation or compensation.

11. Warranties & disclaimers

Each party represents it has the authority to enter into these Terms. Except as expressly stated, the Service is provided "as is" and "as available" without warranties of any kind, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, non-infringement, or uninterrupted operation.

12. Limitation of liability

To the maximum extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenue, goodwill, or data, even if advised of the possibility of such damages. Each party's total cumulative liability arising out of or relating to these Terms will not exceed the greater of (a) the amounts paid by you to us in the twelve (12) months preceding the event giving rise to the liability, and (b) one hundred euros (€100).

13. Indemnification

You will defend, indemnify, and hold harmless Zerokit and its affiliates, officers, employees, and agents from and against any third-party claim, loss, or expense (including reasonable legal fees) arising from (a) Customer Content, (b) your violation of these Terms or the Acceptable Use Policy, or (c) your violation of any law or the rights of a third party.

14. Term and termination

These Terms continue while you have an account with us. Either party may terminate for convenience by closing the account or notifying the other party in writing. We may suspend or terminate immediately for material breach, including violations of the Acceptable Use Policy. Upon termination, your right to use the Service ceases and we may delete Customer Content after a reasonable retention period.

15. Changes to these Terms

We may modify these Terms from time to time. Material changes will be communicated by email to the address on file or by a notice on the dashboard at least thirty (30) days before they take effect. Continued use of the Service after the effective date constitutes acceptance.

16. Governing law and disputes

These Terms are governed by the laws of the Republic of Poland, without regard to conflict-of-law principles. Each party submits to the exclusive jurisdiction of the competent courts located in Warsaw, Poland for any dispute arising out of or relating to these Terms, except that either party may seek injunctive relief in any court of competent jurisdiction.

17. Miscellaneous

If any provision of these Terms is held unenforceable, it will be modified to the minimum extent necessary, and the remaining provisions will remain in effect. Failure to enforce any provision is not a waiver. You may not assign these Terms without our prior written consent; we may assign them to an affiliate or in connection with a merger, acquisition, or sale of assets. These Terms, together with the Acceptable Use Policy, Privacy Policy, and Data Processing Addendum, constitute the entire agreement between the parties.

18. Contact

Questions about these Terms can be sent to [email protected].