Terms of Service
Welcome to STATXE. These Terms of Service govern your use of our email broadcasting platform and related services. Please read these terms carefully before using our Service. By using STATXE, you agree to be bound by these Terms.
Table of Contents
1. Acceptance of Terms
By accessing or using STATXE (the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.
These Terms apply to all visitors, users, and others who access or use the Service. By using the Service, you represent that you are at least 18 years old and have the legal capacity to enter into these Terms.
We may update these Terms from time to time. You are responsible for reviewing the current Terms and staying informed of changes. Material updates will be posted on this page with an updated "Last Updated" date. We may also send notice by email or in-product messaging when we decide it is appropriate, but failure to receive a notice does not excuse compliance with current Terms.
2. Description of Service
STATXE is an email broadcasting and transactional email platform that enables users to:
- Send marketing emails and newsletters to subscribers - Send transactional emails triggered by user actions - Manage contact lists and segments - Track email performance and analytics - Integrate with third-party applications via API - Create and manage email templates
The Service is provided on an "as is" and "as available" basis. We reserve the right to modify, suspend, or discontinue any part of the Service at any time.
3. Account Registration
To use the Service, you must create an account. You agree to:
- Provide accurate, current, and complete information - Maintain and update your information as necessary - Keep your password secure and confidential - Notify us immediately of any unauthorized access - Accept responsibility for all activities under your account
We reserve the right to suspend or terminate accounts that violate these Terms or that have been inactive for an extended period.
4. Acceptable Use Policy
You agree not to use the Service to:
Prohibited Content:
- Send spam or unsolicited commercial email
- Distribute malware, viruses, or harmful code
- Share illegal, fraudulent, or deceptive content
- Violate intellectual property rights
- Harass, abuse, or harm others
- Impersonate individuals or organizations
Prohibited Activities:
- Circumvent security measures or access restrictions
- Interfere with the Service or servers
- Use automated tools to access the Service without permission
- Resell or redistribute the Service without authorization
- Violate any applicable laws or regulations
We reserve the right to investigate and take appropriate action against anyone who violates these terms.
5. Email Sending Requirements
When using the Service to send emails, you must:
Consent Requirements:
- Only send to recipients who have explicitly opted in
- Maintain records of consent for all recipients
- Honor unsubscribe requests within 10 business days
- Not use purchased, rented, or third-party lists
Content Requirements:
- Include a valid physical mailing address
- Provide a clear and conspicuous unsubscribe mechanism
- Use accurate "From" and "Subject" headers
- Identify commercial messages as advertisements when required
Compliance:
- Comply with CAN-SPAM, GDPR, CASL, and other applicable laws
- Maintain bounce rates below 5%
- Maintain complaint rates below 0.1%
- Follow email best practices for deliverability
Violation of these requirements may result in immediate suspension or termination of your account.
6. Pricing and Payment
Subscription Plans:
Our Service is offered under various subscription plans as described on our pricing page. Prices are subject to change with 30 days notice.
Billing:
- Subscriptions are billed in advance on a monthly or annual basis
- All fees are non-refundable except as required by law
- Failed payments may result in service suspension
Overage Charges:
- Usage exceeding your plan limits will incur overage charges
- Overage rates are specified in your plan details
- We will notify you when approaching usage limits
Taxes:
You are responsible for all applicable taxes. We will add taxes to your invoice where required by law.
7. Intellectual Property
Our Property:
The Service, including all content, features, and functionality, is owned by STATXE and protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works without our express permission.
Your Content:
You retain ownership of all content you submit through the Service ("User Content"). By submitting User Content, you grant us a worldwide, non-exclusive license to use, host, store, and display your content as necessary to provide the Service.
Feedback:
Any feedback, suggestions, or ideas you provide about the Service may be used by us without any obligation to you.
8. Data Protection
Data Processing:
We process data in accordance with our Privacy Policy and applicable data protection laws. By using the Service, you acknowledge and agree to our data processing practices.
Your Responsibilities:
As a data controller for your subscribers, you are responsible for:
- Obtaining necessary consents for data collection
- Providing privacy notices to your subscribers
- Responding to data subject requests
- Implementing appropriate security measures
Data Processing Agreement:
Enterprise customers may request a Data Processing Agreement (DPA) for GDPR compliance.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
Disclaimer of Warranties:
THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Limitation of Damages:
IN NO EVENT SHALL STATXE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL.
Cap on Liability:
OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability, so these limitations may not apply to you.
10. Indemnification
You agree to indemnify, defend, and hold harmless STATXE and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from:
- Your use of the Service - Your violation of these Terms - Your User Content - Your violation of any rights of another party - Your violation of any applicable laws
We reserve the right to assume the exclusive defense of any claim for which we are entitled to indemnification.
11. Termination
By You:
You may terminate your account at any time by contacting us or using the account settings. Termination does not entitle you to a refund of any prepaid fees.
By Us:
We may suspend or terminate your account immediately, without prior notice, if you:
- Violate these Terms
- Engage in prohibited activities
- Fail to pay applicable fees
- Pose a security risk to the Service
Effect of Termination:
Upon termination, your right to use the Service will cease immediately. We may delete your data after 30 days unless legally required to retain it.
12. Dispute Resolution
Governing Law:
These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.
Arbitration:
Any dispute arising from these Terms shall be resolved through binding arbitration administered by JAMS in San Francisco, California. You waive any right to participate in a class action lawsuit or class-wide arbitration.
Exceptions:
Either party may seek injunctive relief in any court of competent jurisdiction to protect intellectual property rights.
Time Limit:
Any claim must be brought within one (1) year after the cause of action arises.
13. General Provisions
Entire Agreement:
These Terms, together with our Privacy Policy and any other agreements, constitute the entire agreement between you and STATXE.
Severability:
If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
Waiver:
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
Assignment:
You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations without restriction.
Force Majeure:
We shall not be liable for any failure or delay caused by circumstances beyond our reasonable control.
Continued Use After Updates:
When we post updated Terms, your continued use of the Service after the effective date constitutes acceptance to the extent allowed by applicable law.
14. Contact Information
If you have any questions about these Terms, please contact us:
**Email:** legal@statxe.com
**Address:** STATXE Inc., 100 Market Street, Suite 300, San Francisco, CA 94102
For support inquiries, please contact support@statxe.com.
These Terms of Service are effective as of May 4, 2026. By using STATXE, you acknowledge that you have read, understood, and agree to be bound by these Terms.