Terms of Service

1. Agreement and eligibility

These Terms of Service (“Terms”) are an agreement between Illumetric Technologies AB, organisation number 559497-2886, of Pontus Ols Väg 8, 263 61 Viken, Sweden (“Illumetric”, “Humblesend”, “we”, or “us”), and the business or professional organisation accepting them (“Customer”, “you”, or “your”). They govern access to the Humblesend websites, applications, APIs, email services, and related support (the “Service”).

You accept these Terms by creating an account, accepting an order that references them, or using the Service. If you accept for an organisation, you represent that you have authority to bind it. Humblesend is offered only for business and professional purposes, not personal or household use. Users must be at least 18 years old.

An order form, online subscription selection, or other written ordering document accepted by us (an “Order”) may specify plans, fees, usage limits, subscription periods, support, or other terms. If an Order conflicts with these Terms, the Order controls for that conflict. If you do not agree to these Terms, do not access or use the Service.

2. Accounts and authorised users

You must provide accurate account and company information and keep it current. You are responsible for all authorised users, workspace permissions, API keys, connected domains, and activity under your account. You must promptly remove access for people who are no longer authorised.

Credentials are personal and must not be shared. You must use reasonable security practices, including strong passwords and two-factor authentication where available, and notify us promptly at [email protected] if you suspect unauthorised access. We may require additional verification before changing sensitive account details or releasing data.

3. Subscriptions, fees, and payment

Subscription periods and renewal

Paid plans run for the subscription period shown in the Order and renew automatically for the same period unless either party gives notice of non-renewal before the renewal date. You can cancel renewal through the account controls when available or by contacting us. Cancellation does not end the current paid period unless the Order says otherwise.

Fees and taxes

Fees are invoiced in advance unless the Order states otherwise. Prices exclude VAT and other applicable taxes unless expressly stated. You are responsible for taxes other than taxes on Illumetric’s net income. Usage beyond plan limits may be charged at the applicable overage rate or require an upgrade. We may change fees for a future renewal by giving at least 30 days’ notice.

Payment and refunds

Stripe processes card and other online payments. By providing a payment method, you authorise recurring charges due under the Order. Undisputed amounts must be paid by the stated due date. Except where an Order or mandatory law says otherwise, fees are non-cancellable and non-refundable once the subscription period begins. You must raise a good-faith invoice dispute within 15 days of the invoice date and pay undisputed amounts on time. We may charge lawful late interest and suspend paid features for overdue undisputed amounts after reasonable notice.

Trials, previews, and beta features

Trials, free plans, previews, and beta features may have additional limits, may change or end at any time, and are provided without a service-level commitment. We will not charge a paid renewal without the notice or acceptance described in the applicable signup flow or Order.

4. Responsible email and acceptable use

You may use Humblesend only in compliance with applicable law, these Terms, your published privacy notices, and the rules of networks and providers used to deliver messages. You are responsible for the legality, accuracy, recipients, content, sender identity, and timing of every message sent through your account.

You must:

• have a valid legal basis for every recipient and processing purpose;
• keep evidence of consent or another applicable legal basis where required;
• use accurate sender details and only domains and identities you are authorised to use;
• clearly identify marketing messages and include working unsubscribe or preference controls as required, including one-click unsubscribe where applicable;
• honour unsubscribes, objections, complaints, and suppression records without undue delay;
• distinguish transactional messages from marketing and not disguise marketing as transactional;
• maintain appropriate privacy notices and comply with data-subject requests; and
• cooperate with reasonable abuse, deliverability, security, and compliance reviews.

You must not use the Service to:

• send spam or messages to harvested, scraped, purchased, rented, or unlawfully obtained lists;
• send unlawful, deceptive, fraudulent, defamatory, discriminatory, exploitative, or harmful content;
• phish, impersonate, distribute malware, evade security, or interfere with any system;
• promote activity that is illegal where the sender or recipient is located;
• process special-category or highly sensitive data without our prior written agreement; or
• circumvent sending, usage, complaint, bounce, authentication, or reputation controls.

We may use automated and manual checks to protect recipients and sending reputation. We may throttle, reject, quarantine, or suspend sending when complaint, bounce, authentication, fraud, or other risk signals exceed reasonable thresholds. We will provide notice and an opportunity to respond where practicable, but may act immediately to prevent harm.

5. Customer Data and instructions

“Customer Data” means information, content, recipient data, templates, messages, contact properties, consent and suppression records, and other material submitted to or generated through the Service for your workspace. As between the parties, you retain all rights in Customer Data.

You grant Illumetric a non-exclusive right to host, copy, transmit, transform, display, and otherwise process Customer Data only as necessary to provide, secure, support, and improve the Service, comply with your documented instructions, and meet applicable law. We do not use Customer Data to train a generally available artificial-intelligence model without your express written permission.

You represent that you have all rights, notices, permissions, and legal bases needed for Customer Data and your instructions. You are responsible for the quality and lawfulness of Customer Data, configuring retention and tracking appropriately, responding to recipients, and maintaining your own copies of business-critical data exported from the Service.

You must have the necessary licences and permissions for logos, images, fonts, product data, and other materials you upload. You instruct us to transform uploaded images and fonts into email-compatible renditions and to make referenced assets publicly retrievable when an email uses them.

6. Data-processing terms

This section is the parties’ data-processing agreement under Article 28 GDPR when Illumetric processes personal data in Customer Data for you. “Controller”, “processor”, “personal data”, “processing”, “personal data breach”, and “supervisory authority” have their meanings under the GDPR. You are controller and Illumetric is processor, except where either party independently determines its own purposes and means and therefore acts as a separate controller.

Processing details

• Subject matter and purpose: providing the Humblesend email platform, authentication, storage, audience management, rendering, delivery, event processing, suppression, reporting, support, and security.
• Duration: the subscription term and the limited deletion and backup periods described in the Privacy Policy.
• Nature of processing: collection, recording, organisation, structuring, storage, retrieval, consultation, adaptation, transmission, delivery, event matching, restriction, deletion, and destruction.
• Data subjects: your authorised users, personnel, customers, prospects, subscribers, contacts, recipients, website or application users, and other people whose data you submit.
• Data types: identity and contact data, customer-defined profile fields, subscription and consent data, message content, communication preferences, device and online identifiers, IP address, engagement and delivery events, and support or audit data.

Documented instructions and confidentiality

We process personal data only on your documented instructions, including these Terms, Orders, your configuration and use of the Service, and written support instructions. We will inform you if we believe an instruction infringes applicable data-protection law, unless law prohibits that notice. If law requires processing beyond your instructions, we will tell you before processing unless prohibited for important public-interest reasons. Personnel authorised to process Customer Data are bound by confidentiality obligations.

Security

Taking account of the state of the art, implementation costs, the processing, and risks to people, we maintain technical and organisational measures designed to provide a level of security appropriate to risk. Measures include, as appropriate, encryption in transit and at rest, access control and least privilege, tenant-aware authorisation, credential protection, multi-factor authentication, logging, backups, vulnerability management, availability and recovery controls, incident response, and periodic review of effectiveness.

Subprocessors

You give general written authorisation for the subprocessors listed in the Privacy Policy. We impose data-protection obligations on subprocessors that are no less protective in substance than the relevant obligations in this section and remain responsible for their processing as required by the GDPR. We will provide at least 30 days’ notice by email or in the Service before adding or replacing a core subprocessor that materially affects Customer Data.

You may object during that notice period on reasonable, documented data-protection grounds. We will work in good faith to provide a commercially reasonable alternative. If none is available, either party may terminate the affected Service, and we will refund prepaid fees for the unused terminated period.

Assistance and incidents

Taking account of the nature of processing and information available to us, we will reasonably assist you with data-subject requests, security obligations, breach notifications, data protection impact assessments, and prior consultation with a supervisory authority. We will notify you without undue delay after becoming aware of a personal data breach involving Customer Data and provide available information reasonably needed for your assessment and notification. Our notice is not an admission of fault or liability.

Deletion, return, and audits

During the subscription you may access and export Customer Data using available Service features. On termination or written request, we will delete or return personal data as described in the Privacy Policy unless applicable law requires retention. Retained data will remain protected and restricted from other processing.

We will provide information reasonably necessary to demonstrate compliance with this section, including relevant independent reports or certifications when available. No more than once per year, unless required by a supervisory authority or following a material incident, you may audit our relevant processing on reasonable written notice. Audits must avoid unreasonable disruption, protect other customers and confidential information, and be conducted by a qualified independent auditor. You bear audit costs unless the audit identifies a material breach by us.

International transfers

Primary Humblesend service data is stored in the European Union. If our processing involves a restricted transfer outside the EEA, we will use a lawful transfer mechanism, including an applicable adequacy decision or the appropriate module of the European Commission’s Standard Contractual Clauses with supplementary measures where required. The relevant Standard Contractual Clauses are incorporated by reference when needed and prevail over conflicting terms for the transfer. You authorise us to complete their annexes using the processing details in this section and the applicable Order.

7. Security and confidentiality

Each party will use reasonable measures to protect the other party’s non-public business, technical, security, and commercial information (“Confidential Information”). A receiving party may use Confidential Information only to perform or exercise rights under the agreement and may disclose it only to personnel, advisers, and providers who need it and are bound to protect it.

Confidential Information does not include information that is public without breach, already lawfully known, independently developed without use of the information, or lawfully received from a third party. A legally compelled disclosure is permitted if the receiving party gives advance notice where lawful and reasonably assists with protective measures.

8. Third-party services

The Service may interoperate with AWS, Cloudflare, Google, OpenAI, Stripe, and other products or accounts you choose to connect. Your use of a third-party service is also governed by its terms. We are not responsible for third-party services, changes they make, or data they process for their own purposes, but this does not reduce our obligations for subprocessors we engage to provide the Service.

When you enable an integration, you instruct us to exchange the data reasonably needed for it. You are responsible for configuring the integration, maintaining any required account, and ensuring you have authority to share the data.

If you enable machine translation, you instruct us to send the selected Brand Guide or Layout text and locale information to the configured provider. Generated output is a draft: you are responsible for reviewing accuracy, legal copy, prices, and claims before publishing or sending.

9. Intellectual property

Illumetric and its licensors retain all rights in Humblesend, including its software, APIs, design, documentation, trademarks, and aggregated or anonymised service insights. Subject to these Terms and payment of fees, we grant you a limited, non-exclusive, non-transferable right for authorised users to access and use the Service during the subscription for your internal business purposes.

You must not copy, sell, sublicense, reverse engineer, circumvent technical limits, access the Service to build a competing product, conduct unauthorised security testing, or use Humblesend in a way that infringes another person’s rights, except to the extent a restriction is prohibited by law. If you provide feedback, you grant us a perpetual, worldwide right to use it without identifying you or owing compensation.

10. Service operation and changes

We aim to provide a secure and reliable Service but do not promise uninterrupted or error-free operation unless an Order includes a service-level agreement. Maintenance, provider incidents, internet failures, security events, or circumstances outside our reasonable control may affect availability. We may modify features to improve security, comply with law, address abuse, or evolve the product. We will not materially reduce the core paid functionality during a current subscription without reasonable notice, except where urgent action is needed.

Sending, inbox placement, delivery time, open measurement, and reputation depend on recipients, mailbox providers, customer data, domain configuration, content, and networks outside our control. We do not guarantee delivery, inbox placement, campaign results, or uninterrupted availability of a third-party provider.

11. Suspension and termination

Either party may terminate for a material breach not cured within 30 days after written notice. A party may terminate immediately if the other enters insolvency proceedings, ceases business, or cannot lawfully continue the agreement. You may prevent renewal as described in Section 3.

We may suspend access or sending immediately to address a security risk, unlawful activity, material breach, excessive complaint or bounce levels, harm to recipients or infrastructure, a provider requirement, or overdue undisputed fees. We will limit suspension to what is reasonably necessary and provide notice and a path to restoration where practicable.

On termination, your right to use the Service ends and outstanding fees become due. Unless law, security, or an active dispute requires otherwise, Customer Data remains available for export for up to 30 days and is then deleted from active systems, with backups expiring within 90 additional days. Sections intended by their nature to survive—including payment, confidentiality, data protection, intellectual property, disclaimers, liability, and general terms—will survive.

12. Warranties and disclaimers

Each party warrants that it has authority to enter the agreement. We warrant that the paid Service will be provided with reasonable skill and care and materially in accordance with its then-current documentation. Your exclusive remedy for breach of this warranty is for us to reperform the affected Service or, if we cannot do so within a reasonable time, allow termination of the affected Service and refund prepaid fees for the unused terminated period.

To the maximum extent permitted by law, and except for the express warranty above, the Service, beta features, and documentation are provided “as is” and “as available”. We disclaim implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any result or deliverability outcome. You are responsible for evaluating whether the Service meets your legal, technical, and business requirements.

13. Liability and indemnity

To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, punitive, or consequential loss, or for loss of profit, revenue, goodwill, anticipated savings, or business opportunity. This exclusion applies regardless of the legal theory and even if the party was advised that the loss was possible.

Except for excluded liabilities below, each party’s total aggregate liability arising from the agreement will not exceed the fees paid or payable by Customer for the Service during the 12 months before the event giving rise to liability. If no fees were paid or payable during that period, the cap is SEK 10,000.

The exclusions and cap do not apply to payment obligations, fraud, wilful misconduct, gross negligence, death or personal injury caused by negligence, infringement or misappropriation of the other party’s intellectual property, breach of confidentiality, or liability that cannot lawfully be limited. They do not limit rights of data subjects or liability to them under mandatory data-protection law or the European Commission’s Standard Contractual Clauses.

You will defend and indemnify Illumetric against third-party claims, regulatory costs, and reasonable expenses arising from unlawful Customer Data, your message content or sending, your breach of Section 4, or your infringement of a third party’s rights, except to the extent caused by our breach. We will promptly notify you, allow you to control the defence and settlement, and provide reasonable cooperation. You may not settle a claim by admitting fault or imposing an obligation on us without our consent, not to be unreasonably withheld.

14. Changes and general terms

Changes to these Terms

We may update these Terms to reflect product, provider, security, or legal changes. We will post the updated version and give at least 30 days’ notice of a material change that adversely affects an active paid subscription, unless a shorter period is required by law or urgent security needs. If you object, you may stop renewal or terminate the affected Service before the change takes effect and receive a pro-rata refund of prepaid unused fees where the change materially reduces your contractual rights.

Notices

Operational notices may be delivered through the Service or to the account email. Legal notices to Illumetric must be sent to [email protected] and are effective when receipt is acknowledged. You must keep account contact details current.

Assignment, force majeure, and relationship

Neither party may assign the agreement without the other’s consent, except to an affiliate or in connection with a merger, reorganisation, or sale of substantially all relevant assets, provided the assignee can perform the obligations. Neither party is liable for delay caused by events beyond reasonable control, except payment obligations. The parties are independent contractors; nothing creates a partnership, agency, employment, or fiduciary relationship.

Entire agreement and enforceability

These Terms, the applicable Order, and documents expressly incorporated by reference are the entire agreement about the Service and replace earlier proposals or understandings on that subject. A waiver must be in writing and applies only to that instance. If a provision is unenforceable, it will be adjusted only as much as necessary and the remainder stays effective. Headings are for convenience and “including” means “including without limitation”.

15. Swedish law, courts, and contact

The agreement is governed by Swedish law, excluding its conflict-of-law rules. The courts of Sweden have exclusive jurisdiction, with Stockholm District Court (Stockholms tingsrätt) as the court of first instance. Before filing a claim, the parties will try in good faith for 30 days to resolve the dispute through business representatives, unless urgent injunctive relief is needed.