This document, the "Terms of Use" (hereinafter — the "Terms", "Rules"), is a public offer and defines the terms of the relationship between Postwing (hereinafter — "Postwing", the "Service") and the users of the service (hereinafter — the "User").

1. Terms and definitions
   1. Licensor — Postwing, a party to this Agreement that provides the User with access to the "postwing.app" service.
   2. Service — a set of software and hardware tools available at https://postwing.app, allowing the User to use SMTP servers to send electronic messages to Subscribers.
   3. User — an individual or legal entity that has completed Registration at https://postwing.app and uses the services of the Service under the terms of this Agreement.
   4. Registration — the User's completion of the registration form on the Service's site, including the provision of the required data (login, password and other information).
   5. Subscriber — an individual or legal entity that has agreed to receive electronic messages (Email messages) from the User and is in the User's database.
   6. Personal account — the User's account, access to which is granted after authorization (entering a login and password) via the secure HTTPS protocol, allowing the use of the Service's functionality.
   7. Domain — a domain name confirmed by the User in the Personal account and used by them as the sender of electronic messages.
   8. Plan — the cost and conditions of using the paid features of the Service, described on the site https://postwing.app/.
   9. Ticket — a request for technical support or consultation submitted by the User through the functionality of the Personal account.
2. Subject of the Agreement
   1. This Agreement governs the provision of access to the Service's services to the User under the conditions set out in the document.
   2. The Agreement takes effect from the moment the User completes the Registration procedure and expresses consent to its terms.
3. Terms of use of the Service
   1. The User is granted non-exclusive rights to use the Service in accordance with the terms of this Agreement.
   2. The Service is provided on a free and paid basis depending on the selected Plan.
   3. The Service Administration is not responsible for the content of advertising and informational materials sent by the User to Subscribers. In the event of claims from third parties related to the content of such materials, the User undertakes to settle them independently and at their own expense.
   4. The User assumes all financial risks associated with the content of electronic messages, including possible claims from third parties, compensation for damages and sanctions from state authorities.
   5. The User's opinion expressed in electronic messages does not reflect the position of the Service Administration.
   6. The Service does not transfer the User's personal data to third parties without their consent, except in cases provided for by law or necessary to protect the rights and interests of the Service.
4. Prohibited and illegal use, suspension and blocking of the account and Domain
   1. The User undertakes not to use the Service, and not to allow it to be used, for any activity that is unlawful under the applicable law or that is prohibited by these Terms. Prohibited use includes, in particular:
      • sending unsolicited messages (spam), including sending to addresses obtained without the Subscriber's consent, purchased, rented, harvested or otherwise collected from third-party sources;
      • phishing, the collection of credentials, bank card or payment details, and any other fraudulent schemes, including fictitious invoices, "prize" and investment scams, financial pyramids and the like;
      • impersonating another person, company or brand, forging the sender, the "From", "Reply-To" or "Return-Path" fields, or any service headers, and any other concealment or falsification of the true origin of a message;
      • distributing malicious software, links to it, exploits, or content intended to gain unauthorized access to information systems or data;
      • distributing content prohibited by law, including materials involving the sexual exploitation of minors, calls for terrorism, extremism or violence, incitement of hatred, human trafficking, and the trade in narcotic substances, weapons, counterfeit goods, stolen data or databases of personal data;
      • infringing the intellectual property rights or personal non-property rights of third parties;
      • circumventing or disabling the unsubscribe mechanism, ignoring unsubscribe requests and complaints from Subscribers;
      • attacks on the Service or on third-party systems, including the creation of an excessive load, address enumeration, scanning and testing without the owner's authorization, and any actions aimed at bypassing the limits, filters or protections of the Service;
      • violating the legislation on advertising, on personal data and on electronic communications applicable to the User and to the Subscribers, as well as sanctions and export restrictions.
   2. The Administration has the right, but not the obligation, to monitor the use of the Service in order to detect the violations listed above — including by analyzing sending volumes and patterns, bounce, complaint and unsubscribe rates, the content and technical attributes of messages, the results of automated filters, and also reports from Subscribers, mail providers, feedback loops, anti-spam services and operators of blocklists, and requests from state authorities.
   3. Where such use is detected — or where the Administration has reasonable grounds to suspect it — the Administration has the right, at its own discretion and without prior notice, immediately and in any combination to: restrict or suspend sending from a particular Domain or from all of the User's Domains; block or delete a Domain; block, suspend or delete the User's Personal account and any data contained in it; refuse further provision of services; and terminate this Agreement unilaterally out of court. Such measures may be applied for the entire period of the investigation and retained after it is completed.
   4. The application of the measures provided for in this section is deemed a consequence of the User's breach of the Agreement and does not constitute a refusal by the Administration to perform its obligations. Where the blocking follows a confirmed breach of this Agreement, the Administration has the right to withhold from the unused balance of the Personal account the costs it has actually incurred and the losses caused by that breach; the remainder of the balance is returned to the User upon request. Where the breach is not confirmed, the unused balance is returned in full. The balance is not recalculated and is not transferred to another account.
   5. Before initiating a chargeback, a payment dispute, a cancellation of a transfer or any similar procedure with a bank, a payment service or any other payment provider, the User undertakes to contact the Administration at support@help.postwing.app and to allow no less than 10 (ten) business days for the request to be reviewed. This provision does not limit the rights the User holds under the applicable law or under the rules of the payment systems.
   6. Where the review finds the dispute to be unfounded, the Administration has the right to suspend the provision of services to the User, to refuse the User any further provision of services, and to claim compensation for the documented expenses, including the fees of payment providers, incurred in connection with that dispute.
   7. The User undertakes to compensate the Administration for losses caused by prohibited use of the Service, including fines, third-party claims, the costs of settling incidents and of removing the Service's IP addresses and domains from blocklists, and the losses caused by the deterioration of the sending infrastructure's reputation.
   8. The Administration has the right to retain data on incidents, including the content of messages and access logs, for the purpose of investigating a breach and protecting its rights, and to transfer it to state authorities in the cases provided for by law.
   9. A breach may be reported to the Administration at support@help.postwing.app. The User has the right to contact the same address to appeal against a blocking; the decision to restore access is taken by the Administration at its own discretion.
5. Message delivery and absence of delivery guarantees
   1. The Service provides the technical capability to transmit electronic messages. The Administration's obligation is deemed fulfilled at the moment a message is accepted by the Service and transmitted — or an attempt to transmit it is made — to the mail system serving the Subscriber's address.
   2. The delivery of a message to a Subscriber, the time of such delivery and its placement in a particular folder of the recipient's mailbox ("Inbox", "Spam", "Promotions" and the like) depend on the receiving mail systems and other third parties — mail providers, corporate mail servers, anti-spam services, operators of blocklists and reputation services, telecommunications operators, DNS providers. Such third parties act independently of the Administration and apply their own filtering, rate-limiting and sender reputation rules. These rules are established by those third parties, are not disclosed in full, may be changed at any time without notice and are beyond the Administration's control.
   3. Accordingly, the Administration does not guarantee and is not able to guarantee: the delivery of any particular message or of any share of the messages sent; the placement of a message in the "Inbox" folder rather than in the "Spam" folder or any other folder; any particular delivery time; or any specific values of deliverability, open, click, bounce or complaint rates.
   4. Delivery is also affected by circumstances within the User's own control, for which the User is solely responsible: the content and design of the messages, the quality of the Subscriber database and the manner in which it was collected, the reputation of the Domain and of the sender addresses used, the correctness of DNS records (SPF, DKIM, DMARC, MX, PTR), the volume and frequency of sending, and complaints from Subscribers.
   5. The Administration undertakes reasonable efforts to maintain the operability of the sending infrastructure, but is not a party to the relationship between the User and the receiving mail systems and assumes no obligation to influence their decisions.
   6. The rejection, filtering, delay or non-delivery of messages by receiving mail systems, as well as the blocking of the Service's IP addresses or of the User's Domain by third parties, do not constitute improper performance by the Administration, do not release the User from the obligation to pay for the services and are not grounds for a refund. A message is deemed sent and is charged for from the moment it is accepted for delivery by the Service, irrespective of its subsequent fate.
   7. The delivery statuses and statistics displayed in the Personal account are informational and reflect the responses received from the receiving mail systems. The Administration is not responsible for their accuracy where such systems provide incomplete, delayed or incorrect information.
   8. The Administration does not compensate losses, including lost profit, arising from the non-delivery, delayed delivery or filtering of messages.
6. Payment and settlements
   1. The Service's services are paid on a 100% prepayment basis in accordance with the selected Plan.
   2. The terms and cost of services are determined by the Plans published on the site https://postwing.app.
   3. The Personal account balance is topped up using the methods specified on the Service's site.
   4. All expenses associated with topping up the balance (commissions, taxes, etc.) are paid by the User.
   5. When changing the Plan, the balance of unused messages is reset to zero.
7. Rights and obligations of the parties
   1. The User is obliged to:
      1. Comply with the terms of this Agreement.
      2. Maintain the confidentiality of the data for accessing the Personal account.
      3. Not use the Service for illegal activities.
      4. Not distribute information that violates applicable law.
      5. Not transfer information received from the Service to third parties.
      6. Not send spam or unwanted messages.
      7. Not take actions that disrupt the operation of the Service.
8. The Service Administration has the right to:
   1. Delete the User's data in the absence of activity for six months.
   2. Suspend the User's access in case of violation of the terms of the Agreement.
   3. Block the User's account and Domains without a refund of the funds paid in the event of prohibited or illegal use of the Service, in accordance with the section "Prohibited and illegal use, suspension and blocking of the account and Domain".
   4. Refuse to provide services without giving reasons.
   5. Make changes to the Plans, notifying about this on the site https://postwing.app.
9. The Service Administration is obliged to:
   1. Comply with the terms of the Agreement.
   2. Provide access to paid features within the established timeframes.
   3. Ensure the operability of the Service, except during maintenance.
   4. Not transfer the User's confidential information to third parties, except in cases provided for by law.
10. Liability and dispute resolution
    1. The User is responsible for:
       1. Compliance with the law when using the Service.
       2. The accuracy of the data provided during Registration.
       3. The safekeeping of the data for accessing the Personal account.
    2. The Service Administration is responsible for:
       1. The correctness of generating reports on the use of SMTP servers.
    3. The Service Administration is not responsible for:
       • The inability to use the Service due to the User's fault.
       • Actions of third parties that disrupt the operation of the Service.
       • Failure to deliver messages to Subscribers, delayed delivery or their placement in the "Spam" folder for technical reasons or as a result of decisions and filtering rules of the receiving mail systems and other third parties, in accordance with the section "Message delivery and absence of delivery guarantees".
    4. Force majeure
       1. The parties are released from liability in the event of force majeure circumstances, such as war, natural disasters, actions of state authorities and other unforeseen events.
    5. Dispute resolution
       1. Disputes between the parties are resolved through negotiations. If agreement cannot be reached, the dispute is referred to the judicial authorities.
11. Term and termination of the Agreement
    1. The Agreement is valid from the moment of acceptance by the User and until the full fulfillment of obligations by the parties.
    2. The Agreement may be terminated by mutual consent.
    3. The Administration has the right to terminate the Agreement unilaterally in case of violation of its terms by the User.
12. Additional terms
    1. The Service is provided on an "as is" basis. The Administration does not guarantee uninterrupted operation and is not responsible for damage related to the use of the Service.
    2. Changes to the Agreement take effect 10 days after publication on the site.
    3. The User has the right to refuse the changes, which means discontinuing the use of the Service.
13. Licensor details
    1. Postwing
    2. Email: support@help.postwing.app