Terms of Service

These Terms of Service (the "Terms") form a binding agreement between InboxTrace ("InboxTrace", "we", "us", or "our") and the individual or organization that registers an account or otherwise uses the Services (the "Customer", "you", or "your"). By creating an account, accessing, or using any InboxTrace product, you agree to these Terms, our Privacy Policy, our Acceptable Use Policy ("AUP"), and any plan-specific or product-specific terms referenced in your subscription. If you do not agree, do not create an account or use the Services.

If you accept these Terms on behalf of an organization, you represent that you have authority to bind that organization to these Terms, and "you" refers to that organization. InboxTrace has been operating since 2012 and serves more than 21,000 businesses worldwide; the Services and these Terms reflect that operating history.

1. Acceptance and eligibility

By creating an account, clicking a button to accept these Terms, or otherwise using the Services, you agree to be bound by these Terms. You must be at least 18 years old (or the age of majority where you live) and legally capable of forming a binding contract. You must not be located in a country subject to a comprehensive embargo by the United States, the United Kingdom, or the European Union, and you must not be on any sanctioned-party list. If InboxTrace learns that you do not meet these requirements, we may suspend or terminate your account.

2. Definitions

• Account — your registration to use the Services.
• Services — InboxTrace's products and websites collectively, including InboxTrace ONE (cloud ESP), InboxTrace Campaigns (self-hosted email platform), InboxTrace Machine (managed hosting for InboxTrace Campaigns), and the InboxTrace AI feature set across all tiers.
• Customer Content — anything you create, upload, send, or generate using the Services, including campaign templates, copy, images, and AI-generated outputs.
• Customer Data — Personal Information that you upload or otherwise input into the Services about your subscribers, contacts, or recipients ("Contacts").
• Bridges — the SMTP and API endpoints inside the Services that route your sending traffic through dedicated IPs, IP pools, or external sending nodes that you connect.
• Documentation — the user guides and reference material we publish at support.inboxtrace.com and inside the product.
• Subscription — your selected plan, including any addons, AI tier, or product-specific configuration.
• Order Form — the page or form on which you confirm a Subscription, or any separate written or electronic order accepted by InboxTrace.
• AUP — our Acceptable Use Policy.
• DPA — our Data Processing Agreement.

3. Account registration and security

3.1 Account information

You agree to provide accurate, current, and complete information during registration and to keep it up to date. We use your registered email for service notices, security alerts, billing, and policy updates; you are responsible for keeping that address valid and monitored.

3.2 Credentials and access

You are responsible for safeguarding your credentials, API tokens, and any other authentication material we issue you. You must enable two-factor authentication where required. You are responsible for all activity that occurs under your Account, whether or not authorized by you. Notify us immediately at /contact/ if you suspect unauthorized access.

3.3 Single-organization use

Each Account is for a single organization. You may invite team members within your organization. You may not share an Account, or use an Account on behalf of multiple unrelated organizations, unless you have purchased a reseller or multi-tenant arrangement with InboxTrace.

3.4 Resellers and end-customers

If you are a InboxTrace reseller, your end-customers must agree to terms at least as protective as these Terms and the AUP. You remain responsible to InboxTrace for your end-customers' compliance.

4. The Services

4.1 What we provide

Subject to these Terms and your timely payment of fees, InboxTrace grants you the right to access and use the Services in accordance with the plan you have purchased and the applicable Documentation. The Services include hosted infrastructure (for InboxTrace ONE and InboxTrace Machine), software (for InboxTrace Campaigns self-hosted), AI features where included in your plan, support, and updates as described in your plan.

4.2 InboxTrace ONE

InboxTrace ONE is a fully managed cloud email service provider. Sending capacity, contact limits, addon entitlements, and AI credits are determined by the plan you select on /one/pricing/. Some addons are auto-activated when included in your plan; others are optional and metered.

4.3 InboxTrace Campaigns and InboxTrace Machine

InboxTrace Campaigns is a self-hosted email platform you install on infrastructure you control. InboxTrace Machine is the managed-hosting variant where InboxTrace provisions and operates the server on your behalf. See Section 6 for licensing and support specifics.

4.4 InboxTrace AI

InboxTrace AI features are available in three tiers: InboxTrace AI Fast, InboxTrace AI, and InboxTrace AI Advanced. AI usage is metered in credits. AI-specific terms appear in Section 15.

4.5 Addons

InboxTrace offers a growing library of addons (deliverability, automation, AI, analytics, and more). Some addons are built-in and auto-activated when included in your plan; others can be enabled per-plan. Your subscription page shows which addons are active for your account.

5. License grant to you

5.1 Cloud and managed Services

Subject to these Terms, InboxTrace grants you a non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the cloud Services (InboxTrace ONE, InboxTrace Machine, and the InboxTrace AI features) for your internal business purposes during the term of your Subscription.

5.2 Restrictions

You will not, and will not allow any third party to:

• Sublicense, sell, lease, or commercially exploit the Services except as expressly permitted.
• Reverse-engineer, decompile, or disassemble the Services, except where this restriction is prohibited by law.
• Access the Services to build a competing product or to copy features.
• Bypass or interfere with rate limits, security controls, or anti-abuse mechanisms.
• Use the Services to develop or run software or services that compete with InboxTrace's Services.
• Attempt to gain access to any account, system, or data that is not yours.
• Use the Services in a manner that violates these Terms, the AUP, or any applicable law.

6. InboxTrace Campaigns and InboxTrace Machine (self-hosted)

6.1 Software licence

For InboxTrace Campaigns self-hosted, InboxTrace grants you a non-exclusive, non-transferable, revocable licence to install and use the InboxTrace Campaigns software on infrastructure you control, for your internal business purposes, during the term of your Subscription. Your right to use the software ends when your Subscription ends.

6.2 Updates and versions

InboxTrace releases updates, security patches, and new versions from time to time. You are responsible for installing security patches in a timely manner; InboxTrace is not liable for incidents arising from your failure to apply a patch we have made available. We support the most recent stable major version and a defined window of preceding versions; older versions may receive security-only support or no support.

6.3 InboxTrace Machine

InboxTrace Machine is the managed-hosting variant of InboxTrace Campaigns. InboxTrace provisions, operates, and patches the server. You retain control of campaign content, lists, and Bridges. InboxTrace Machine is offered subject to fair-use limits described in your plan; we may resize or pause workloads that materially exceed those limits and we will give you notice and an opportunity to upgrade or downgrade.

6.4 Self-hosted abuse

Even though you operate the infrastructure for self-hosted InboxTrace Campaigns, the AUP still applies to your use of the software. We may suspend or terminate your licence if your use causes us, our network, or shared upstream services (e.g. SES, SendGrid, Mailgun) to be blocklisted, abused, or burdened with complaint volume.

6.5 No public visibility into self-hosted instances

For pure self-hosted installations (without InboxTrace Machine), InboxTrace has no operational visibility into your environment unless you proactively share logs or grant remote access for a support case.

7. Beta and early-access features

From time to time we offer features marked as "beta", "early access", "preview", or similar. Such features are provided "as is" and "as available", may be unstable, may change, may be withdrawn, and are excluded from any service-level commitments and warranties in these Terms. InboxTrace has no liability for any beta feature beyond what is required by applicable law.

8. Customer Data and Customer Content

8.1 Your ownership

As between you and InboxTrace, you own Customer Data and Customer Content. We do not claim ownership of your subscriber lists, campaign copy, templates, AI prompts, or AI outputs.

8.2 Licence to operate the Services

You grant InboxTrace a non-exclusive, royalty-free, worldwide licence to host, copy, transmit, process, and display Customer Data and Customer Content solely as necessary to provide the Services to you, prevent or address abuse, comply with law, and (in aggregated and de-identified form) operate and improve the Services. This licence ends when the relevant Customer Data is deleted, except for backups, log archives, and copies retained as required by law.

8.3 Your responsibilities

You represent and warrant that:

• You have all rights, consents, and lawful bases necessary to upload Customer Data into the Services and to send the campaigns you send.
• Your Customer Content is accurate, lawful, and does not infringe third-party rights.
• Your unsubscribe process honours opt-out requests promptly and durably.
• Your privacy notice to Contacts accurately describes your use of InboxTrace.

8.4 InboxTrace as a data processor

Where your use of the Services involves InboxTrace processing Personal Information about your Contacts, our Data Processing Agreement applies, including the Standard Contractual Clauses where required for international transfers.

8.5 Special-category data

The Services are not configured by default for special-category data (health information, biometrics, racial or ethnic origin, political opinions, religious beliefs, trade-union membership, sexual orientation, criminal convictions). You must not upload such data unless you have a lawful basis and a written agreement with InboxTrace that specifically permits it.

9. Acceptable use and anti-spam requirements

Your use of the Services is governed by the AUP. The AUP is incorporated by reference; a violation of the AUP is a material breach of these Terms. Without limiting the AUP:

• You must have explicit, verifiable consent from each recipient of your campaigns.
• You must not send to purchased, rented, scraped, or appended lists.
• You must include a clear, working unsubscribe mechanism in every commercial email and you must process opt-outs promptly.
• You must accurately identify yourself as the sender, including a valid postal address for marketing email.
• You must not use the Services to send phishing, malware, fraud, harassment, or content that violates law.

10. Sender identity and authentication

To protect deliverability for all InboxTrace customers and to comply with mailbox provider expectations, you agree to:

• Authenticate every sending domain you use with valid SPF, DKIM, and DMARC records.
• Use a return-path / bounce domain aligned with your sending domain.
• Honour BIMI policies if you publish them.
• Not use a sending domain you do not own or control.
• Not impersonate a third party in your "From" or "Reply-to" addresses.

InboxTrace may refuse to deliver, throttle, or pause traffic from any domain that fails authentication or that we reasonably believe is being used to impersonate or deceive.

11. List hygiene, bounces, and complaints

Reputation is shared. To protect deliverability, you agree to:

• Validate new addresses at signup (e.g. via double opt-in) and reject obviously invalid ones.
• Honour bounces — InboxTrace will automatically suppress hard bounces; you must not re-import suppressed addresses without re-collecting consent.
• Honour spam complaints — InboxTrace will automatically suppress complainers; you must not re-mail them.
• Maintain a complaint rate below the thresholds set by mailbox providers (typically 0.1–0.3%). InboxTrace may suspend sending if your rate exceeds these thresholds.
• Maintain a hard-bounce rate below the thresholds set by InboxTrace from time to time.
• Re-engage or sunset inactive Contacts according to industry-standard hygiene practices.

12. Prohibited industries and content

The categories below are restricted on InboxTrace because of regulatory complexity, complaint risk, or both. We may require pre-approval, additional documentation, or refuse the use case entirely:

• Adult content.
• Online or offline gambling, lotteries, sweepstakes (varies by jurisdiction).
• Cryptocurrency promotion (varies by jurisdiction).
• Pharmaceuticals, supplements, and nutraceuticals (especially without proper licensing).
• Get-rich-quick schemes, MLM, pyramid structures, and "binary options".
• Aggressive lead-generation, "high-pressure" sales, and similar.
• Debt relief, credit repair, payday loans (highly regulated in the US).
• Firearms, ammunition, and weapons sales.
• Cannabis and CBD products (varies by jurisdiction).
• Affiliate-only senders without their own product or service.
• Single-opt-in mass acquisition campaigns.

The AUP is the authoritative list and may be updated from time to time. If you are unsure whether your use case is allowed, contact us before you send.

13. Compliance with sending laws

You are responsible for complying with all laws applicable to your sending, including but not limited to:

• CAN-SPAM Act (United States).
• CASL — Canada's Anti-Spam Legislation.
• GDPR and UK GDPR (consent, lawful basis, data subject rights).
• PECR (UK Privacy and Electronic Communications Regulations).
• Australian Spam Act and the Australian Privacy Principles.
• LGPD (Brazil).
• Local anti-spam, marketing, and data-protection laws applicable to your recipients.

InboxTrace provides tools (List-Unsubscribe headers, double opt-in, suppression lists, consent capture, regional sending controls), but InboxTrace is not your lawyer. Compliance is your responsibility as the controller.

15. InboxTrace AI specific terms

15.1 Processing

InboxTrace AI features process the prompt content you supply (including any merge tags you apply against a sample Contact) solely to generate the requested output. We do not proactively forward your full subscriber lists, behavioural data, or full campaign archives into InboxTrace AI.

15.2 No model training on your data

InboxTrace does not use your AI prompts or generated outputs to train any model that is exposed outside your account.

15.3 Output ownership

As between you and InboxTrace, you own the AI-generated outputs you produce through your account. AI outputs may not be unique to you — different users with similar prompts may receive similar or identical outputs.

15.4 No professional advice

AI outputs may be inaccurate, biased, or out of date. AI outputs are not legal, tax, financial, medical, or other professional advice. You are responsible for reviewing AI outputs before you send them to your Contacts. InboxTrace disclaims liability for the accuracy of AI-generated content you choose to send.

15.5 Credits and metering

AI usage is metered in credits. Credits do not roll over between billing periods unless your plan expressly says otherwise. Unused credits have no cash value. We may adjust credit costs for AI features as our underlying provider costs change; we will give reasonable notice of any material change.

15.6 Prohibited AI uses

You must not use InboxTrace AI to:

• Generate phishing content, malware, or instructions for harmful activity.
• Impersonate a real person without their consent.
• Generate child sexual abuse material, terrorism content, or other content prohibited by law.
• Make automated decisions about individuals that produce legal or similarly significant effects without appropriate safeguards.
• Circumvent or attempt to circumvent the safety controls built into InboxTrace AI.

16. Bridges, sending IPs, and IP warming

The Services route sending traffic through Bridges. You acknowledge that:

• Sending IPs are a shared or dedicated resource depending on your plan; reputation is shared with other tenants on shared IPs.
• New IPs and new domains require warm-up. InboxTrace will recommend a warm-up schedule; if you exceed it, you may damage your own deliverability.
• InboxTrace may pause, throttle, or rotate IPs to protect deliverability for the wider customer base.
• Where you connect external sending nodes (SES, SendGrid, Mailgun, etc.) as Bridges, you remain bound by the terms of those providers in addition to ours.
• InboxTrace is not responsible for blocklisting events caused by your sending behaviour.

17. Fees, billing, renewals, and refunds

17.1 Fees

Fees are described on the relevant pricing page or in your Order Form and are confirmed at checkout. Unless stated otherwise, fees are exclusive of taxes; you are responsible for any sales, use, value-added, or similar taxes that apply to your jurisdiction (other than taxes based on InboxTrace's net income).

17.2 Billing cycles

Subscriptions are billed monthly or annually depending on the plan you select. Annual plans are paid up front; monthly plans are billed at the start of each cycle. Usage-based fees (overages, AI credit top-ups) are billed in arrears at the end of the billing cycle in which they are incurred.

17.3 Auto-renewal

Subscriptions auto-renew at the end of each billing cycle on the same plan and term unless you cancel before the renewal date. You can cancel auto-renewal from your billing area or by contacting us.

17.4 Plan changes

You can upgrade or downgrade at any time from your billing area. Upgrades take effect immediately and are pro-rated for the remaining cycle. Downgrades take effect at the end of the current cycle.

17.5 Late payment

If we cannot collect a payment, we will retry and notify you. We may suspend the Services after a grace period (typically 7–14 days) and we may terminate the Account if non-payment persists. Past-due balances accrue interest at the lower of 1.5% per month or the maximum rate permitted by law. You are responsible for reasonable collection costs.

17.6 Refunds

Subscription fees are non-refundable except where required by law. Where we offer a money-back period for a specific plan, the terms are stated on the pricing page or Order Form for that plan. We do not refund partial periods on cancellation; you retain access to the Services through the end of the cycle you have paid for.

17.7 Price changes

We may change prices for new Subscriptions or for renewals on at least 30 days' notice. Price changes do not apply mid-cycle to a fixed-term subscription you have already paid for.

17.8 Disputed charges

If you in good faith dispute a charge, contact us within 60 days of the invoice date. Charges not disputed within that window are deemed accepted.

18. Free trials and promotional offers

From time to time we offer free trials or promotional plans. Trials may be subject to limits (sending volume, contact count, AI credits, addons). At the end of a trial, your Account may convert to a paid plan automatically — we will tell you in advance if that is the case. InboxTrace may modify or terminate a trial at any time without notice. Promotional offers are subject to their stated terms and apply only to the first qualifying period.

19. Suspension and termination

19.1 Termination by you

You can cancel your Subscription at any time from the billing area. Cancellation takes effect at the end of the current billing cycle. You can also delete your Account, which terminates these Terms.

19.2 Termination by InboxTrace for cause

We may suspend or terminate your Account, in whole or in part, immediately if:

• You materially breach these Terms or the AUP and (where the breach is curable) fail to cure within 7 days of notice.
• You fail to pay fees that are not the subject of a good-faith dispute.
• Your sending behaviour is causing, or is reasonably likely to cause, harm to InboxTrace, our infrastructure, our other customers, or third parties.
• We are required to do so by law or by a competent authority.
• You become insolvent, file for bankruptcy, or cease ordinary business operations.

19.3 Termination by InboxTrace for convenience

We may terminate any free or trial plan, beta feature, or unpaid Account at any time on reasonable notice. For paid plans, we may terminate for convenience on 30 days' notice and will refund any pre-paid fees attributable to the unused remainder of the term.

19.4 Suspension

We may suspend the Services (including pausing sending) without terminating the Account where we reasonably believe suspension is necessary to investigate suspected abuse, to protect the Services, or to comply with a legal obligation. We will give notice where reasonably practicable.

20. Effects of termination and data export

On termination of your Subscription:

• Your right to access and use the Services ends.
• You can export Customer Data for a reasonable period (typically 30 days) using the export tools we provide.
• After the export window, InboxTrace may delete Customer Data per our retention policies and the DPA, except for data we are legally required to retain.
• Any fees that have accrued but are unpaid remain due.
• Sections that by their nature should survive termination — including 5.2, 8, 17.5–17.8, 23, 26–35 — survive.

21. Service availability and SLA

InboxTrace targets high availability across all cloud Services. Where a plan includes a contractual Service Level Agreement (SLA), the SLA terms are stated on the relevant pricing page or Order Form and are the sole and exclusive remedy for any failure to meet availability targets. Scheduled maintenance windows, force majeure events, beta features, and outages caused by Customer-controlled integrations are excluded from availability calculations.

22. Customer support

Support tiers and response targets are described on the relevant pricing page and on the support portal. Standard channels include the support portal at support.inboxtrace.com, email, and chat where included in your plan. Enterprise customers may have additional channels including a named Customer Success contact and 24/7 priority response.

23. Intellectual property

23.1 InboxTrace IP

InboxTrace and its licensors own all right, title, and interest in and to the Services, the underlying software, the Documentation, the InboxTrace name, the InboxTrace logo, and any other InboxTrace branding (collectively, "InboxTrace IP"). Except for the limited rights granted in these Terms, you receive no rights — express or implied — in the InboxTrace IP.

23.2 Your IP

You retain all rights in your Customer Data and Customer Content. You grant us only the limited licence in Section 8.2.

23.3 Trademarks

"InboxTrace", the InboxTrace logo, "InboxTrace ONE", "InboxTrace Campaigns", "InboxTrace Machine", "InboxTrace AI", "InboxTrace AI Fast", "InboxTrace AI Advanced", and "Bridges" (as used in our product context) are trademarks of InboxTrace. You must not use them without prior written permission, except for fair-use references that comply with our brand guidelines.

24. Feedback

If you provide feedback, suggestions, or ideas about the Services, we may use them without obligation to you. You grant us a perpetual, irrevocable, worldwide, royalty-free licence to use and incorporate that feedback into the Services. We will not disclose feedback in a way that personally identifies you without your consent.

25. Third-party integrations

The Services may interoperate with third-party services that you choose to enable — integrations, ESP relays, DNS providers, webhooks, CRMs, and similar. Those third parties operate independently. Their terms and privacy policies apply when you use them. InboxTrace is not responsible for the availability, content, or behaviour of third-party services. If a third party changes its terms in a way that affects an integration, we may modify, suspend, or remove the integration.

26. Confidentiality

Each party may disclose confidential information ("Confidential Information") to the other in connection with the Services. The receiving party will (a) protect the disclosing party's Confidential Information using at least the same degree of care it uses for its own Confidential Information (and not less than a reasonable degree of care), (b) use the Confidential Information only as needed to perform under these Terms, and (c) not disclose Confidential Information to third parties except to its employees, contractors, and sub-processors who have a need to know and are bound by similar confidentiality obligations. Confidential Information does not include information that is publicly available, was known to the receiver without restriction prior to disclosure, was independently developed without use of the disclosing party's information, or is required to be disclosed by law (with prompt notice to the disclosing party where allowed).

27. Disclaimers

Except as expressly stated in these Terms and to the maximum extent permitted by law, the Services and InboxTrace IP are provided "AS IS" and "AS AVAILABLE". InboxTrace disclaims all warranties, conditions, and representations, whether express or implied, including any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, or course of dealing. InboxTrace does not warrant that the Services will be uninterrupted, error-free, secure against all attacks, or that any deliverability, AI accuracy, or business outcome will be achieved. Without limiting the foregoing, InboxTrace does not warrant inbox placement at any specific mailbox provider.

28. Indemnification

28.1 By you

You will defend, indemnify, and hold harmless InboxTrace, its affiliates, and their officers, directors, employees, and agents from and against any claim, demand, loss, damage, cost, or expense (including reasonable attorneys' fees) arising out of or related to:

• Your Customer Data or Customer Content (including any claim that it infringes a third party's rights or violates law).
• Your campaigns, including any claim that they violate CAN-SPAM, CASL, GDPR, or similar laws.
• Your breach of these Terms or the AUP.
• Your negligence, wilful misconduct, or fraud.

28.2 By InboxTrace

InboxTrace will defend you against any third-party claim alleging that the Services, when used by you in accordance with these Terms, infringe a valid US copyright, trademark, or registered patent, and will pay damages finally awarded against you (or a settlement we approve) attributable to such a claim. If we believe (or a court holds) that the Services may infringe, we may, at our option: (a) procure the right for you to continue using the Services, (b) modify the Services so they no longer infringe, or (c) terminate the affected Subscription and refund any pre-paid fees attributable to the unused remainder of the term. This Section states our entire liability for IP infringement claims.

28.3 Conditions

Each indemnity is subject to: (a) prompt written notice of the claim; (b) sole control of the defence and settlement by the indemnifying party (provided no settlement imposes liability or admission on the indemnified party without consent); and (c) reasonable cooperation from the indemnified party at the indemnifying party's expense.

29. Limitation of liability

To the maximum extent permitted by law:

• Excluded damages. Neither party will be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost goodwill, or business interruption, arising out of or related to these Terms or the Services, even if advised of the possibility.
• Cap. Each party's total cumulative liability arising out of or related to these Terms will not exceed the fees paid or payable by you to InboxTrace in the 12 months preceding the event giving rise to liability (or, where the claim arose in the first 12 months of the Subscription, the fees paid in that period).
• Exceptions. The exclusions and cap do not apply to (a) your breach of the licence restrictions in Section 5.2 or the AUP, (b) your indemnity obligations under Section 28.1, (c) breach of confidentiality involving disclosure of the other party's Confidential Information, (d) amounts owed to InboxTrace for the Services, or (e) any liability that cannot be excluded or limited under applicable law.

30. Force majeure

Neither party is liable for any failure or delay in performance (other than payment obligations) caused by events beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, government action, labour disputes, internet or telecommunications failures, denial-of-service attacks, and supply-chain disruptions. The affected party will use reasonable efforts to mitigate.

31. Modifications to the Services

The Services are constantly improving. InboxTrace may add, modify, or remove features at any time. We will not make material changes that disable or materially degrade core functionality of a paid plan during a paid term without giving reasonable notice and offering a remedy where appropriate (e.g. credit, plan migration, refund of unused fees).

32. Modifications to these Terms

We may update these Terms from time to time. We will post the updated Terms with a new "Last updated" date. For material changes — including changes that increase your obligations or reduce your rights — we will provide reasonable notice (at least 30 days where practicable) by email to your registered address and via an in-app notice. Continued use of the Services after the effective date constitutes acceptance. If you do not agree, you may terminate your Subscription per Section 19.1.

33. Notices

Notices to you will be sent to the email registered on your Account or posted in the product. Notices to InboxTrace must be sent via /contact/ with the subject line "Legal notice" and, where the matter relates to litigation, also via the postal address we provide on request.

34. Governing law and disputes

34.1 Governing law

These Terms are governed by the laws of the jurisdiction where InboxTrace is incorporated, without regard to its conflict-of-law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

34.2 Forum

Subject to Section 34.3, any dispute, claim, or controversy arising out of or related to these Terms or the Services will be brought exclusively in the courts of the jurisdiction where InboxTrace is incorporated, and each party submits to the personal jurisdiction of those courts.

34.3 Informal resolution

Before filing a claim, the parties agree to first try to resolve the dispute informally by contacting /contact/ with subject line "Legal notice — dispute". If the parties cannot resolve the dispute within 30 days, either party may proceed.

34.4 Consumer rights

Nothing in this section limits any non-waivable rights you have as a consumer under the mandatory law of your country of residence.

35. Miscellaneous

35.1 Entire agreement

These Terms, together with the AUP, the Privacy Policy, the DPA (where applicable), and any Order Form, constitute the entire agreement between you and InboxTrace regarding the Services and supersede all prior or contemporaneous agreements on the same subject. Pre-printed terms on your purchase order or vendor portal do not bind InboxTrace.

35.2 Order of precedence

If there is a conflict between documents, the order of precedence is: (1) any signed enterprise agreement, (2) the Order Form, (3) the DPA, (4) these Terms, (5) the AUP, (6) the Privacy Policy.

35.3 Assignment

You may not assign these Terms or any of your rights or obligations under them, in whole or in part, without InboxTrace's prior written consent, except in connection with a merger, acquisition, or sale of substantially all of your assets, provided the successor agrees in writing to be bound. InboxTrace may assign these Terms in connection with a corporate reorganization or a sale of the business. Any purported assignment in violation of this Section is void.

35.4 No agency

Nothing in these Terms creates a partnership, joint venture, agency, franchise, or employment relationship between the parties.

35.5 No third-party beneficiaries

These Terms do not create any rights for any third party.

35.6 Severability

If any provision of these Terms is held unenforceable, the remaining provisions will continue in full force, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable while preserving the parties' intent.

35.7 Waiver

A failure to enforce any right under these Terms is not a waiver of that right or any other right. Waivers must be in writing to be effective.

35.8 Headings

Headings are for convenience only and do not affect the interpretation of these Terms.

35.9 Export controls and sanctions

You agree to comply with all applicable export-control and sanctions laws, and you represent that you are not located in, controlled by, or a national or resident of any country subject to a comprehensive embargo and that you are not on any sanctioned-party list.

35.10 Government users

If you are a US government end user, the Services and Documentation are "commercial items" and "commercial computer software" provided with restricted rights as defined in FAR 12.212 and DFARS 227.7202.

35.11 Publicity

InboxTrace may identify you as a customer in customer lists, case studies, and similar marketing, using your name and logo, subject to your branding guidelines. You can opt out by contacting /contact/.

36. Contact

Questions about these Terms? Contact /contact/ with subject line "Legal" or "Terms of Service". For account, billing, or technical support, use the support portal at support.inboxtrace.com.