Terms of Service

Effective Date: March 23, 2026

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer," "you," or "your") and Artnode SARL, a company incorporated under the laws of Morocco, with registered offices at Boulevard Mohammed VI N297, Ifrane 53000, Morocco ("Artnode," "we," "us," or "our"), governing your access to and use of the Artmail platform, including the website at artmail.io, APIs, SDKs, documentation, and all related services (collectively, the "Service").

By creating an account, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity.

1. Definitions

"Account" means the account you create to access the Service.

"AI Credits" means the units consumed when using Artmail's AI-powered features, including email generation, template creation, automation suggestions, and image generation.

"API Key" means the authentication credentials issued by Artmail to access our developer API.

"BYOK (Bring Your Own Key)" means the optional feature allowing eligible Customers to use their own third-party AI provider API keys for AI generation within Artmail.

"BYOS (Bring Your Own SES)" means the optional feature allowing Customers to connect their own Amazon SES credentials to send emails through Artmail, rather than using Artmail's managed sending infrastructure.

"Content" means any data, text, images, HTML, MJML, templates, designs, or other materials you create, upload, import, or transmit through the Service.

"Customer Data" means all data you provide to the Service, including contact lists, subscriber information, email content, analytics data, and integration data.

"Managed Sending" means Artmail's default email delivery infrastructure, where Artmail manages the sending reputation and SES configuration on your behalf.

"Organization" means a workspace within Artmail that may contain multiple team members and shared resources.

"Plan" means the subscription tier you have selected (Free, Starter, Growth, Pro, or Scale), each with defined sending volumes, AI credit allocations, and feature access.

"Recipient" means any individual to whom you send or attempt to send email through the Service.

2. Account Registration and Eligibility

2.1 Eligibility

You must be at least 18 years of age and capable of forming a binding contract to use the Service. The Service is not directed at children under 18.

2.2 Account Creation

To use the Service, you must create an Account by providing accurate, current, and complete registration information. You agree to update your information promptly if it changes.

2.3 Account Security

You are responsible for maintaining the confidentiality of your Account credentials, API keys, and any SES or BYOK credentials stored within the Service. You must notify us immediately at contact@artmail.io if you suspect unauthorized access to your Account.

2.4 One Person, One Free Account

Each individual is entitled to one free-tier Account. Creating multiple free Accounts to circumvent usage limits is prohibited and may result in Account termination.

3. The Service

3.1 Service Description

Artmail is an email marketing platform that provides email campaign creation, automation workflows, contact management, analytics, and integrations with third-party platforms. Artmail incorporates AI-powered features for email design, copywriting, and optimization.

3.2 AI-Powered Features

Artmail uses artificial intelligence to assist with email generation, template design, copy suggestions, subject line optimization, and related features. AI-generated content is provided as a starting point and you are solely responsible for reviewing, editing, and approving all content before sending.

AI features consume AI Credits according to your Plan allocation. Credit costs vary by generation type. Unused monthly credits do not carry over; purchased credit packs do not expire.

3.3 BYOS (Bring Your Own SES)

Customers on eligible Plans may connect their own Amazon SES credentials to send emails through Artmail. When using BYOS:

• You are solely responsible for your Amazon SES account, including sending reputation, bounce and complaint handling, SES sandbox status, and compliance with Amazon's Acceptable Use Policy.
• Artmail encrypts your SES credentials at rest using AES-256-GCM encryption and uses them solely to send emails on your behalf.
• Artmail does not guarantee deliverability outcomes when using BYOS. Deliverability depends on your domain reputation, authentication configuration (SPF, DKIM, DMARC), list hygiene, and content quality.
• You may revoke BYOS access at any time by removing your credentials from the dashboard or switching to Managed Sending.

3.4 BYOK (Bring Your Own Key)

Customers on Growth Plans and above may use their own third-party AI provider API keys (e.g., Anthropic, OpenAI) for AI generation within Artmail. When using BYOK:

• You are solely responsible for the costs incurred with your third-party AI provider.
• BYOK usage does not consume Artmail AI Credits.
• Artmail encrypts your API keys at rest and uses them solely to process your AI generation requests.
• Artmail is not liable for any issues arising from your third-party AI provider, including rate limits, outages, content policy enforcement, or billing disputes.

3.5 Integrations

Artmail offers integrations with third-party platforms including Shopify, WooCommerce, and others. These integrations require you to authorize Artmail to access your third-party account data. You are responsible for maintaining valid authorization and complying with the terms of those third-party platforms.

3.6 Email Gallery

Artmail maintains a public gallery of email templates and real email examples. Templates you create using the Service remain your property; however, if you voluntarily submit a template to the public gallery, you grant Artmail a non-exclusive, worldwide license to display and distribute that template.

4. Subscription Plans and Billing

4.1 Plans

Artmail offers multiple subscription tiers (Free, Starter, Growth, Pro, and Scale). Each Plan defines monthly email sending limits, AI credit allocations, and feature eligibility. Full Plan details are available at artmail.io/pricing.

All paid Plans provide access to the full Artmail feature set. Plans are differentiated by volume (email sends, contacts, AI credits), not by feature gating.

4.2 Billing

Paid subscriptions are billed through PayPal on a monthly or annual basis, depending on the billing cycle you select. By subscribing to a paid Plan, you authorize Artnode SARL to charge your PayPal account the applicable subscription fee.

4.3 Free Tier

The Free Plan provides limited access to the Service at no cost. Artmail reserves the right to modify Free Plan limits at any time with reasonable notice.

4.4 Upgrades and Downgrades

You may upgrade or downgrade your Plan at any time through the dashboard. Upgrades take effect immediately. Downgrades take effect at the end of your current billing period.

4.5 Overage

If you exceed your Plan's monthly email sending limit, additional sends may be throttled or queued until the next billing period. Artmail will notify you when you approach your limit.

4.6 Refund Policy

Subscription fees are non-refundable except where required by applicable law. If you cancel a paid Plan, you retain access to paid features until the end of your current billing period. Purchased AI credit packs are non-refundable.

4.7 Taxes

All fees are exclusive of applicable taxes. You are responsible for paying any taxes associated with your use of the Service, except for taxes based on Artnode's income.

4.8 Price Changes

Artmail may change subscription pricing with at least 30 days' written notice. Price changes apply at the start of your next billing period. If you do not agree with a price change, you may cancel your subscription before the new pricing takes effect.

5. Acceptable Use

5.1 General Obligations

You agree to use the Service only for lawful purposes and in compliance with these Terms, our Acceptable Use Policy, and all applicable laws and regulations.

5.2 Consent-Based Sending Only

You may only send emails to Recipients who have provided valid, verifiable consent to receive email communications from you. Cold emailing, purchased lists, scraped addresses, and unsolicited bulk email are strictly prohibited.

5.3 Prohibited Content

You may not use the Service to send emails containing or promoting: illegal goods or services, malware or phishing, deceptive or fraudulent content, hate speech or harassment, content that violates third-party intellectual property rights, or any content prohibited by our Acceptable Use Policy.

5.4 Anti-Spam Compliance

You must comply with all applicable anti-spam laws, including but not limited to CAN-SPAM (United States), CASL (Canada), GDPR (European Union), and Loi n° 09-08 (Morocco). Every marketing email must include a functional unsubscribe mechanism, a valid physical mailing address, and accurate sender identification.

5.5 Sending Reputation

Artmail actively monitors sending practices to protect the shared sending infrastructure. We reserve the right to suspend or throttle sending for any Account that exhibits high bounce rates, spam complaint rates, or other indicators of poor list quality.

6. Customer Data and Content

6.1 Ownership

You retain all rights, title, and interest in your Customer Data and Content. These Terms do not grant Artmail any ownership rights in your data.

6.2 License to Artmail

You grant Artmail a limited, non-exclusive license to use, process, store, and transmit your Customer Data and Content solely to provide and improve the Service. This license terminates when you delete your data or close your Account.

6.3 AI Training

Artmail does not use your Customer Data, email content, or contact lists to train general-purpose AI models. AI features are powered by third-party providers (e.g., Anthropic) whose data usage policies apply to the prompts and outputs processed through their APIs.

6.4 Data Portability

You may export your contacts, templates, and campaign data at any time through the dashboard or API. Artmail supports standard export formats (CSV, JSON, HTML).

6.5 Data Retention

Upon Account deletion, Artmail will delete your Customer Data within 30 days, except where retention is required by law or for legitimate business purposes (e.g., billing records, fraud prevention). Anonymized and aggregated analytics data may be retained indefinitely.

7. Intellectual Property

7.1 Artmail IP

The Service, including its design, code, features, documentation, trademarks, and all related intellectual property, is owned by Artnode SARL or its licensors. Nothing in these Terms grants you any right to use Artmail's trademarks, logos, or brand assets without prior written consent.

7.2 AI-Generated Content

Content generated by Artmail's AI features is provided for your use. You may use, modify, and distribute AI-generated content created through your Account. Artmail does not claim ownership of AI-generated outputs. However, AI-generated content may not be unique, and Artmail does not guarantee that similar content has not been or will not be generated for other users.

7.3 Feedback

If you provide suggestions, ideas, or feedback about the Service, you grant Artmail a perpetual, irrevocable, royalty-free license to use and incorporate that feedback into the Service without obligation to you.

7.4 Open-Source Components

The Service may include open-source software components, each subject to its own license terms. A list of open-source components is available upon request.

8. Third-Party Services

8.1 Third-Party Integrations

The Service integrates with third-party platforms including Amazon Web Services (SES), Shopify, Replicate, Anthropic, PayPal, and others. Your use of these integrations is subject to the respective third-party terms of service.

8.2 No Endorsement

Artmail's integration with third-party services does not imply endorsement. We are not responsible for the availability, accuracy, or practices of third-party services.

8.3 Credential Storage

When you connect third-party services (SES credentials, Shopify access tokens, BYOK API keys, OAuth tokens), Artmail stores these credentials encrypted at rest using AES-256-GCM. Credentials are used solely to provide the integration functionality you requested and are deleted when you disconnect the integration.

9. Service Level and Availability

9.1 Availability

Artmail strives to maintain high availability but does not guarantee uninterrupted service. Planned maintenance windows will be communicated in advance when possible.

9.2 Support

Support is available via email at contact@artmail.io. Response times vary by Plan; Customers on Pro and Scale Plans receive priority support.

9.3 SLA

Customers on the Scale Plan may be eligible for a Service Level Agreement with uptime commitments. Contact us for details.

10. Suspension and Termination

10.1 Termination by You

You may cancel your subscription and close your Account at any time through the dashboard settings. Cancellation takes effect at the end of the current billing period.

10.2 Suspension by Artmail

Artmail may suspend your Account immediately if:

• You violate these Terms or the Acceptable Use Policy.
• Your sending practices pose a risk to shared sending infrastructure.
• Your Account shows signs of unauthorized access or fraudulent activity.
• You fail to pay applicable fees after reasonable notice.

We will make reasonable efforts to notify you before or promptly after suspension, except where doing so would compromise security.

10.3 Termination by Artmail

Artmail may terminate your Account with 30 days' written notice for any reason. In the event of termination for convenience by Artmail, we will provide a pro-rata refund of any prepaid fees for the unused portion of your subscription.

10.4 Effect of Termination

Upon termination, your right to use the Service ceases immediately. You will have 30 days from the date of termination notice to export your data. After that period, Artmail may delete your data in accordance with Section 6.5.

11. Disclaimers

11.1 "As Is" Provision

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

11.2 No Deliverability Guarantee

Artmail does not guarantee that emails sent through the Service will be delivered to Recipients' inboxes. Email deliverability depends on numerous factors outside Artmail's control, including recipient email provider policies, sender reputation, content quality, and authentication configuration.

11.3 AI Content Disclaimer

AI-generated content is produced by machine learning models and may contain errors, inaccuracies, or inappropriate content. You are solely responsible for reviewing, editing, and approving all AI-generated content before use. Artmail is not liable for any consequences arising from your use of AI-generated content.

12. Limitation of Liability

12.1 Cap on Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ARTNODE SARL'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS PAID BY YOU TO ARTMAIL IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED US DOLLARS ($100).

12.2 Exclusion of Consequential Damages

IN NO EVENT SHALL ARTNODE SARL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, WHETHER ARISING FROM CONTRACT, TORT, NEGLIGENCE, OR ANY OTHER LEGAL THEORY, EVEN IF ARTMAIL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12.3 BYOS and BYOK Liability

Artmail bears no liability for costs, damages, or losses arising from your use of BYOS or BYOK features, including but not limited to AWS SES charges, third-party AI provider charges, sending reputation damage, or deliverability issues attributable to your own infrastructure.

13. Indemnification

You agree to indemnify, defend, and hold harmless Artnode SARL, its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Service.
• Your Content or Customer Data.
• Your violation of these Terms or applicable laws.
• Your email sending practices, including any anti-spam law violations.
• Any claims by Recipients or third parties related to emails you sent through the Service.

14. Dispute Resolution

14.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the Kingdom of Morocco.

14.2 Informal Resolution

Before filing any formal dispute, the parties agree to attempt good-faith resolution by contacting each other at the addresses provided in Section 17.

14.3 Jurisdiction

Any disputes not resolved informally shall be submitted to the exclusive jurisdiction of the competent courts of Ifrane, Morocco, unless otherwise required by applicable consumer protection laws in your jurisdiction.

15. General Provisions

15.1 Entire Agreement

These Terms, together with the Privacy Policy, Acceptable Use Policy, and Data Processing Agreement, constitute the entire agreement between you and Artnode SARL regarding the Service.

15.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.

15.3 Waiver

Artmail's failure to enforce any provision of these Terms does not constitute a waiver of that provision.

15.4 Assignment

You may not assign or transfer your rights under these Terms without Artmail's prior written consent. Artmail may assign these Terms in connection with a merger, acquisition, or sale of assets.

15.5 Force Majeure

Artmail shall not be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including natural disasters, acts of government, internet outages, or third-party service failures.

15.6 Modifications

Artmail may modify these Terms at any time by posting the updated version on artmail.io/terms. Material changes will be communicated via email or in-app notification at least 30 days before they take effect. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms.

16. Developer API and SDK Terms

16.1 API Access

If you use the Artmail API or Node.js SDK, these additional terms apply in addition to the general Terms.

16.2 API Keys

API keys are confidential and must not be shared, published, or embedded in client-side code. You are responsible for all activity conducted using your API keys.

16.3 Rate Limits

API access is subject to rate limits as defined in our developer documentation. Artmail may adjust rate limits at any time to ensure system stability.

16.4 Prohibited API Uses

You may not use the API to: build a competing email marketing service, resell Artmail's sending infrastructure, circumvent usage limits, or send emails on behalf of third parties without their authorization.

17. Contact Information

For questions about these Terms:

Artnode SARL
Boulevard Mohammed VI N297
Ifrane 53000, Morocco

Email: contact@artmail.io
Alternative: contact@artnode.com

By using Artmail, you acknowledge that you have read, understood, and agree to these Terms of Service.