Terms of Service

These Terms of Service (the "Terms") form a binding agreement between Stellar Byte Technology Corp. ("StellarMail", "we", "us") and the individual or organisation that creates an account ("you", the "Customer"). They govern your use of the StellarMail email marketing platform at mail.stellarbyte.ca, including the web application, the API, collection widgets, and all related services (the "Service").

By creating an account, checking the acceptance box at signup, or using the Service, you agree to these Terms, to the Acceptable Use Policy and the Privacy Policy, each of which is incorporated by reference. If you are agreeing on behalf of an organisation, you represent that you have authority to bind it.

• You must be at least the age of majority in your jurisdiction and legally able to enter contracts.
• You must provide accurate registration information, including a working email address, and keep it current.
• You are responsible for safeguarding your credentials and API keys, and for all activity under your account, whether or not authorised by you. Notify us immediately at support@stellarbyte.ca if you suspect unauthorised access.
• One account may not be shared across unrelated businesses. You may not create additional accounts to circumvent quotas, sending limits, or a suspension.

The Service lets you manage contact lists, compose and send email campaigns, send transactional email through our API, authenticate your own sending domains, and view delivery analytics. We may add, modify, or discontinue features; where a change materially reduces core functionality of a paid plan, we will give reasonable advance notice.

You are the sender of every message you transmit through the Service. We provide tooling; you decide the content, the recipients, and the legal basis for contacting them.

You retain all rights in the content you upload - contacts, templates, campaign copy, images, and other material ("Customer Content"). You grant us a worldwide, non-exclusive, royalty-free licence to host, process, transmit, reproduce, and display Customer Content solely as needed to operate the Service for you, to comply with law, and to investigate suspected abuse.

You represent and warrant that you have all rights and consents necessary for us to process Customer Content, including valid consent from every recipient. Our handling of personal data, and the division between our role as controller of your account data and as processor of your subscriber data, is described in the Privacy Policy.

• Paid plans are billed in advance on a recurring monthly basis through our payment processor, and renew automatically until cancelled.
• Usage beyond your plan allowance is billed at the overage rate published on our pricing page at the time of use.
• Fees are exclusive of taxes; you are responsible for applicable sales, use, GST/HST, and withholding taxes.
• You may cancel at any time, effective at the end of the current billing period. Except where required by law, fees already paid are non-refundable, including where an account is suspended or terminated for breach of the Acceptable Use Policy.
• We may change pricing on at least 30 days' notice, effective at your next renewal.
• If payment fails, we may suspend sending after reasonable notice and close the account if the balance remains unpaid.

Sending volume, contact counts, and API request rates are metered per account and enforced in software. We also apply gradual sending ramp-up, bounce and complaint rate circuit breakers, and list validation as described in the Acceptable Use Policy. These controls protect shared sending infrastructure and are conditions of service; attempting to circumvent them is a material breach.

The Service depends on third parties including Amazon Web Services (Amazon SES), Supabase, Vercel, Cloudflare, Upstash, and Stripe. Your use of the Service is additionally subject to the Amazon Web Services Acceptable Use Policy as it applies to email you transmit. We are not responsible for outages, changes, or acts of third-party providers, though we will make reasonable efforts to mitigate their effect.

We may suspend or terminate your access immediately and without prior notice if we reasonably believe you have breached these Terms or the Acceptable Use Policy, if your sending endangers the deliverability reputation of the platform or its other customers, if required by an upstream provider or by law, or if your account is used for fraud or illegal activity. We may also suspend for non-payment after notice.

You may terminate at any time by closing your account. On termination, your right to use the Service ends, and we will delete or return Customer Content in accordance with the Privacy Policy - except suppression records, which we retain as described there because anti-spam law requires that opted-out addresses stay opted out.

Sections covering Customer Content warranties, fees accrued, indemnity, disclaimers, limitation of liability, and governing law survive termination.

Please read this section carefully.

The Service is provided "as is" and "as available". To the maximum extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted or error-free, that any message will be delivered to any recipient, that it will reach the inbox rather than a spam folder, or that analytics such as open and click tracking will be complete or accurate. Email delivery depends on mailbox providers we do not control.

Some jurisdictions do not allow the exclusion of certain warranties. Where that is the case, the exclusions above apply only to the extent permitted.

To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost business, or lost or corrupted data, even if advised of the possibility.

Our total aggregate liability arising out of or relating to these Terms or the Service is limited to the greater of (a) the fees you paid us in the 12 months immediately preceding the event giving rise to the claim, and (b) CAD $100.

These limitations do not apply to your indemnity obligations, to amounts you owe us, or to liability that cannot be limited by law.

You will defend, indemnify, and hold harmless Stellar Byte Technology Corp., its directors, officers, employees, and suppliers from and against any claim, demand, investigation, fine, penalty, loss, or expense (including reasonable legal fees) arising out of or relating to:

• your Customer Content and the messages you send through the Service;
• your breach of these Terms, of the Acceptable Use Policy, or of your representations about consent and list provenance;
• your violation of any applicable law, including CASL, CAN-SPAM, GDPR, UK GDPR, PIPEDA, and applicable provincial privacy or consumer protection legislation;
• any regulatory proceeding, enforcement action, or third-party complaint brought against us in connection with email you sent or lists you supplied - including proceedings that name us as an intermediary that facilitated a violation;
• your infringement of a third party's intellectual property or privacy rights.

We may update these Terms. Material changes will be posted here with a revised effective date and, where they materially affect your rights, we will make reasonable efforts to notify account owners by email in advance. Continued use of the Service after a change takes effect constitutes acceptance. If you do not accept a change, your remedy is to stop using the Service and close your account.

These Terms are governed by the laws of British Columbia, Canada, without regard to conflict of laws rules. The parties submit to the exclusive jurisdiction of the courts of British Columbia, Canada, except that either party may seek injunctive relief in any court of competent jurisdiction.

Nothing in this section removes any mandatory statutory protection or forum available to you as a consumer under the law of your place of residence.

• Entire agreement. These Terms, together with the Acceptable Use Policy and Privacy Policy, are the entire agreement between the parties regarding the Service.
• Severability. If a provision is held unenforceable, the rest remains in effect.
• No waiver. Failure to enforce a provision is not a waiver of it.
• Assignment. You may not assign these Terms without our written consent; we may assign them to an affiliate or in connection with a merger or asset sale.
• Force majeure. Neither party is liable for delays caused by events beyond its reasonable control.
• Relationship. The parties are independent contractors; nothing creates a partnership, agency, or employment relationship.

Stellar Byte Technology Corp.
329 Howe St, Unit #456, Vancouver, BC V6C 3N2, Canada
support@stellarbyte.ca