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. Plan — the cost and conditions of using the paid features of the Service, described on the site https://postwing.app/.
   8. 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. 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.
5. 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.
6. 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. Refuse to provide services without giving reasons.
   4. Make changes to the Plans, notifying about this on the site https://postwing.app.
7. 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.
8. 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 for technical reasons.
   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.
9. 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.
10. 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.
11. Licensor details
    1. Postwing
    2. Email: support@help.postwing.app