Terms of Service — ZapMailer Pro

1 Introduction

ZapMailer Pro is operated by Bhupinder Sahota, a sole trader registered in England and Wales.

By accessing or using ZapMailer Pro (the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree, you must not use the Service.

These Terms apply to all users, including those on a free trial, paid subscription, or who access the Service in any other capacity.

2 Description of Service

ZapMailer Pro is a software platform for managing email marketing sequences, subscribers, and automated campaigns.

Email transmission is performed via Resend (resend.com), a reliable email delivery infrastructure provider. ZapMailer Pro integrates with Resend to send your campaigns on your behalf.

You are solely responsible for the content of emails you send, the consent basis for your subscriber list, and your compliance with applicable email marketing law including UK PECR and EU ePrivacy rules.

3 Email Sending — Your Responsibilities

By using the email sending features of ZapMailer Pro you acknowledge and agree that:

You alone are responsible for every email sent via your account, including their content, recipients, frequency, and compliance with applicable law.
You must comply with all applicable anti-spam and email legislation, including but not limited to: the CAN-SPAM Act (US), CASL (Canada), UK PECR, and the EU ePrivacy Directive.
ZapMailer Pro stores your Resend API key in AES-256 encrypted form and uses it solely to execute email sending on your instruction. We cannot be held liable for:
- The emails you send, their content, or their deliverability
- Resend suspending or restricting your sending account
- Any fines, legal action, or regulatory sanctions resulting from your email campaigns
We reserve the right to terminate your ZapMailer Pro account immediately if we receive credible evidence of spam, phishing, malware distribution, or other illegal email activity conducted through the Service.

4 Acceptable Use Policy

You agree that when using ZapMailer Pro you will:

Only email recipients who have given you explicit consent (opt-in only — no purchased or scraped lists)
Never send unsolicited commercial email (spam)
Never send phishing emails, distribute malware, or use deceptive content or subject lines
Never send harassing, threatening, or abusive content
Never send emails promoting illegal activities, products, or services
Include a clear and working unsubscribe link in every marketing email
Honour all unsubscribe requests within 10 business days of receipt
Maintain accurate sender information and not impersonate any person or organisation

Violation of this policy may result in immediate account termination without refund.

5 AI Features

ZapMailer Pro includes AI-powered tools — AI Builder and ZapBot — which are powered by the Anthropic Claude API.

AI-generated content is provided as-is. You must review all AI output before sending it to subscribers. ZapMailer Pro accepts no liability for errors, inaccuracies, or unsuitability of AI-generated content.
Do not input personally identifiable information (PII) of third parties into AI features.
AI-generated content is not guaranteed to be accurate, complete, or suitable for your specific use case.
By using AI features you agree to Anthropic's usage policies as they apply to API consumers.

6 Payments and Subscriptions

Payment processing is handled by Stripe. By providing payment details you also agree to Stripe's Terms of Service. ZapMailer Pro does not store card details.
New accounts begin with a 30-day free trial. A valid payment card is required at signup. Your card will be charged at the end of the trial period unless you cancel beforehand.
No refunds are provided for partial billing periods, unused time within a subscription period, or features not used.
Plan downgrades and cancellations take effect at the end of the current billing period. You retain access to your current plan until that date.
We reserve the right to change pricing with 30 days' notice communicated via email or in-app notification.

7 Data and Privacy

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference.

Your subscriber data belongs to you. We do not sell, rent, or share your subscriber data with third parties for marketing purposes.
Data is stored on Hetzner servers in Helsinki, Finland (EU), ensuring compliance with UK GDPR and EU GDPR data residency requirements.
You are responsible for ensuring you have the legal basis to store and process your subscribers' personal data in accordance with applicable data protection law.

8 Limitation of Liability

The Service is provided "as is" and "as available" without warranty of any kind. We do not guarantee uninterrupted service, specific uptime levels, or email deliverability rates.

To the fullest extent permitted by applicable law, ZapMailer Pro shall not be liable for any indirect, incidental, special, consequential, or punitive damages — including but not limited to loss of profits, data, goodwill, or business interruption — arising from your use of or inability to use the Service.

Our maximum aggregate liability to you for any claims arising under these Terms shall not exceed the total fees paid by you in the 12 months preceding the claim.

9 Governing Law

These Terms of Service and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales.

Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.