Terms of Service

You acknowledge that you are using an early-stage product and that NgsReach assumes no liability for any disruptions, data loss, or changes to the Service during this phase.

You must be at least 16 years old to use the Service. By using the Service, you represent that you meet this requirement. If you are using the Service on behalf of an organisation, you represent that you have authority to bind that organisation to these Terms.

You are responsible for:

• Maintaining the confidentiality of your account credentials.
• All activity that occurs under your account.
• Providing accurate information when registering and keeping it up to date.
• Immediately notifying us of any unauthorised use of your account at [email protected].

You agree not to use the Service to:

• Send unsolicited bulk email (spam).
• Distribute malware, phishing content, or any material designed to deceive recipients.
• Violate any applicable law or regulation, including consumer protection, anti-spam, and privacy laws.
• Infringe the intellectual property rights of any third party.
• Attempt to gain unauthorised access to the Service, our systems, or other users' accounts.
• Interfere with or disrupt the integrity or performance of the Service.
• Harvest or scrape data from the Service without authorisation.
• Resell or sublicense access to the Service to third parties without our written permission.

We reserve the right to suspend or terminate your account immediately and without notice if we determine, in our sole discretion, that you have violated these restrictions.

Without limiting the foregoing, you are responsible for:

• Complying with the CAN-SPAM Act (United States), GDPR (European Union), CASL (Canada), and any other anti-spam or email marketing laws applicable in the jurisdictions where your recipients reside.
• Obtaining valid consent from all recipients before sending commercial email.
• Including required identifiers, physical address, and unsubscribe instructions in every email, as required by applicable law.
• Honouring unsubscribe requests promptly. NgsReach provides a built-in token-based unsubscribe mechanism. Using this mechanism does not relieve you of your independent legal obligations to process unsubscribe requests.
• Maintaining records of consent for your subscribers.
• Not sending email to purchased, rented, or scraped lists.

NgsReach provides technical tools — unsubscribe URLs, subscriber status fields, and delivery logs. The legal adequacy of your email communications, consent practices, and data handling is exclusively your responsibility.

When you add, import, or collect subscriber data through the Service, you act as the data controller for that data. NgsReach processes subscriber data solely as a data processor, following your instructions.

You represent and warrant that:

• You have a lawful basis for processing each subscriber's data.
• You have disclosed to your subscribers how their data will be used and by whom, including that NgsReach will process it on your behalf.
• You will handle data subject requests (access, deletion, correction) relating to your subscribers.

NgsReach is not liable for any claim arising out of your collection or use of subscriber data, your failure to comply with applicable privacy laws, or any breach you cause involving subscriber data.

All rights, title, and interest in the Service, including software, design, trademarks, and documentation, remain with NgsReach. Nothing in these Terms transfers any intellectual property rights to you.

You retain all rights to the content you create and upload (campaigns, templates, copy). By uploading content, you grant NgsReach a limited, non-exclusive licence to store and transmit it solely for the purpose of operating the Service.

NgsReach does not warrant that emails sent through the Service will be delivered, not marked as spam, or achieve any particular deliverability rate. Deliverability depends on factors outside our control, including your chosen email provider, your sending reputation, and recipient server configurations.

In no event shall NgsReach's total aggregate liability to you exceed the greater of (a) the total fees paid by you to NgsReach in the twelve months preceding the claim, or (b) USD $1 (one dollar). Because the Service is currently free, NgsReach's maximum aggregate liability is USD $1.

Some jurisdictions do not allow the limitation of certain warranties or liabilities. In such jurisdictions, the foregoing limitations apply to the fullest extent permitted by law.

You agree to indemnify, defend, and hold harmless NgsReach and its owners, employees, and contractors from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use of the Service.
• Your violation of these Terms.
• Your violation of any applicable law, including email marketing laws.
• Your subscriber data, including any claim by a subscriber regarding how their data was collected or used.
• Content you send through the Service.

Either party may terminate the agreement formed by these Terms at any time. You may close your account through the dashboard settings or by contacting us. We may suspend or terminate your account for any reason, including violation of these Terms, with or without notice.

Upon termination, your access to the Service will cease. We may retain data as required by law or for legitimate business purposes. You may request deletion of your data per our Privacy Policy.

We may modify the Service or these Terms at any time. Material changes to the Terms will be communicated via email or a prominent notice in the dashboard. Your continued use of the Service after the effective date of any changes constitutes your acceptance of the updated Terms.

Because the Service is in Early Access, the features, limits, and pricing structure may change significantly without notice.

These Terms are governed by and construed in accordance with applicable law. Any dispute arising out of or in connection with these Terms or the Service shall be resolved through good-faith negotiation first. If negotiation fails, disputes shall be submitted to binding arbitration or the courts of competent jurisdiction, as applicable in your jurisdiction.

• Entire agreement: These Terms, together with the Privacy Policy and Cookie Policy, constitute the entire agreement between you and NgsReach.
• Severability: If any provision of these Terms is found invalid or unenforceable, the remaining provisions remain in full force.
• No waiver: Failure to enforce any right under these Terms does not constitute a waiver of that right.
• Assignment: You may not assign your rights under these Terms without our prior written consent. NgsReach may assign its rights freely.

For questions about these Terms, contact us at: