Terms of Service

Last Updated: August 17, 2025

1. Acceptance of Terms

By accessing and using Newsletter AI's website and services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree with these terms, please do not use our website or services.

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and Soul AI LLC, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

2. Description of Services

Newsletter AI provides a comprehensive newsletter management platform that includes:

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time without prior notice.

3. User Conduct and Email Marketing Responsibilities

When using our newsletter services, you agree to:

• Only send newsletters to subscribers who have explicitly consented to receive them
• Comply with all applicable email marketing laws including CAN-SPAM, GDPR, and CASL
• Provide clear and honest subject lines and sender information
• Include accurate sender contact information in all newsletters
• Honor unsubscribe requests promptly and completely
• Maintain records of subscriber consent and subscription sources
• Use the service only for legitimate business or personal newsletter purposes
• Be responsible for all content you create and send through our platform

You agree not to:

• Send spam, unsolicited emails, or emails to purchased or scraped email lists
• Upload or send content that is illegal, harmful, offensive, or violates others' rights
• Use our service to send phishing emails, malware, or deceptive content
• Attempt to circumvent our anti-spam measures or sending limits
• Impersonate others or provide false identification information
• Interfere with our services or other users' ability to use our platform
• Exceed usage limits or attempt to abuse the service
• Share your account credentials or allow unauthorized access to your account

4. Email Marketing Compliance and Legal Responsibilities

Your Email Marketing Responsibilities: By using our services, you acknowledge and agree that:

• You are solely responsible for obtaining proper consent before adding subscribers to your lists
• You must provide clear information about what subscribers are signing up for
• You must honor unsubscribe requests within the legally required timeframe
• You are responsible for ensuring your newsletter content complies with applicable laws
• You must maintain accurate records of subscriber consent and subscription methods
• You are liable for any legal consequences of your email marketing practices

Prohibited Email Content: You may not use our service to send:

• Promotional content for illegal products or services
• Content that violates intellectual property rights
• Deceptive or misleading information
• Content that promotes violence, hatred, or discrimination
• Adult content or content inappropriate for general audiences
• Content designed to collect personal information fraudulently

5. Subscriber Data and List Management

Data Controller Responsibilities: When you use Newsletter AI, you act as the data controller for your subscriber data:

• You are responsible for the accuracy and legality of subscriber data you upload
• You must have legal authority to process all subscriber information you manage
• You are responsible for responding to subscriber data requests (access, deletion, etc.)
• You must ensure subscribers understand how their data will be used
• You are liable for any privacy violations related to your subscriber data

Subscriber List Security: You agree to:

• Keep your account credentials secure and confidential
• Not share access to your subscriber lists with unauthorized parties
• Report any suspected unauthorized access to your account immediately
• Maintain backups of your subscriber data as needed

6. Beta Service Limitations

Beta Service Notice: Newsletter AI is currently in beta testing with the following limitations:

• Email Quota: Limited to 100 emails per user during the beta period
• Service Availability: Service may be unavailable during maintenance or updates
• Feature Completeness: Some features may be incomplete or subject to change
• Data Migration: Beta data may need to be migrated during service updates
• Performance: Email delivery and analytics may be slower than the final version

By using our beta service, you acknowledge that the service may contain bugs, errors, or incomplete features and is provided "as is" during the beta period.

7. Privacy Policy

Your use of our website and services is also governed by our Privacy Policy, which outlines how we collect, use, and protect your personal information and subscriber data. Please review our Privacy Policy at privacy.html.

8. Intellectual Property

All content on the Newsletter AI website and application, including but not limited to text, graphics, logos, images, and software, is the property of Soul AI LLC or its content suppliers and is protected by international copyright laws.

Your Content Ownership: You retain ownership of all newsletter content, subscriber lists, and data you create or upload to our platform. However, by using our services, you grant us a limited license to process, store, and transmit your content as necessary to provide our services.

Subscriber Data: You warrant that you have the necessary rights and permissions to process all subscriber data you manage through our platform.

9. Limitation of Liability

EMAIL DELIVERY LIABILITY: SOUL AI LLC SHALL NOT BE LIABLE FOR ANY DAMAGES, LOSSES, OR HARM ARISING FROM:

• Email delivery failures, delays, or emails marked as spam
• Email service provider changes, outages, or technical issues
• Undelivered newsletters or communication failures
• Email reputation issues or deliverability problems
• Third-party email service limitations or restrictions
• ISP or email client filtering of your newsletters

EMAIL MARKETING COMPLIANCE LIABILITY: SOUL AI LLC SHALL NOT BE LIABLE FOR:

• Your violation of email marketing laws or regulations
• Legal consequences arising from your email marketing practices
• Fines, penalties, or legal action related to your newsletter campaigns
• Subscriber complaints or legal claims against your email marketing
• Compliance violations related to subscriber consent or data processing
• Consequences of sending emails to invalid or non-consenting recipients

SUBSCRIBER DATA LIABILITY: SOUL AI LLC SHALL NOT BE LIABLE FOR:

• Loss, corruption, or unauthorized access to your subscriber data
• Privacy violations related to your subscriber list management
• Data breaches affecting your subscriber information
• Inaccuracies in subscriber data or contact information
• Subscriber complaints or data protection violations
• Import/export errors or data conversion issues

ANALYTICS AND TRACKING LIABILITY: SOUL AI LLC SHALL NOT BE LIABLE FOR:

• Inaccuracies in email analytics or performance reporting
• Email tracking failures or incomplete engagement data
• Analytics data discrepancies or measurement errors
• Decisions made based on analytics or performance data
• Third-party analytics service failures or limitations

MAXIMUM LIABILITY: NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SOUL AI LLC'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.

10. Indemnification

You agree to defend, indemnify, and hold harmless SOUL AI LLC, including its subsidiaries, affiliates, and all of their respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of:

• Your use of the Services and any newsletters or content you send
• Breach of these Legal Terms
• Any breach of your representations and warranties set forth in these Legal Terms
• Your violation of the rights of a third party, including but not limited to privacy rights
• Your email marketing practices and compliance with applicable laws
• Any claims arising from your subscriber lists or data processing
• Content you send through our platform or subscriber complaints
• Violations of email marketing regulations or laws
• Any harm to third parties resulting from your use of our services

11. Third-Party Email Services and Integrations

Newsletter AI integrates with third-party email delivery services to send your newsletters. Your use of these services through our platform is subject to their respective terms of service:

• Email Delivery Providers: Subject to their delivery policies and terms
• Analytics Services: Subject to their data processing and privacy policies
• Authentication Services (Firebase): Subject to Google's Terms of Service

We are not responsible for any changes, limitations, or discontinuation of these third-party services.

12. Service Availability and Performance

We strive to provide reliable service but cannot guarantee:

• Uninterrupted availability of our newsletter platform
• Successful delivery of all newsletters to all recipients
• Consistent email delivery speeds or performance
• Accuracy or completeness of email analytics and reporting
• Compatibility with all email clients or devices
• Prevention of emails being marked as spam or filtered

13. Account Suspension and Termination

We reserve the right to suspend or terminate your account if:

• You violate these Terms of Service
• You engage in spam or abusive email practices
• You receive excessive spam complaints or bounces
• Your email practices damage our sending reputation
• You violate email marketing laws or regulations
• You upload malicious content or engage in harmful activities

Upon termination, you will lose access to your account and all associated data. We may, but are not obligated to, provide you with an opportunity to export your data before termination.

14. Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of the State of California applicable to agreements made and to be entirely performed within the State of California, without regard to its conflict of law principles.

15. Changes to Terms

We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms from time to time. We will alert you about any changes by updating the "Last updated" date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates.

16. Termination

These Legal Terms shall remain in full force and effect while you use the Services. We reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Services to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these Legal Terms or of any applicable law or regulation.

Upon termination, your right to use the Services will cease immediately. We will delete your personal data according to our data retention policy, but you remain responsible for any claims arising from your use of the Services prior to termination.

17. Email Marketing Best Practices

Recommended Practices: While not legally required, we recommend:

• Using double opt-in for new subscribers when possible
• Providing clear value propositions in your newsletters
• Maintaining clean subscriber lists and removing inactive subscribers
• Testing your newsletters before sending to large lists
• Monitoring your email reputation and deliverability metrics
• Segmenting your lists for more targeted and relevant content

18. Contact Information