Terms of Service

Prohibited Content:

- Send spam or unsolicited commercial email, SMS, MMS, or other electronic messages

- Send messages without the consent, authorization, or other lawful basis required for that recipient, message type, and destination

- Send to a recipient who has opted out, revoked consent, objected, or appears on an applicable suppression, preference, or do-not-contact list

- Use false, misleading, or concealed sender identity, routing information, domain, phone number, caller ID, subject line, brand, campaign purpose, physical address, or opt-out destination

- Use phishing, malware, scams, deceptive links, credential theft, payment fraud, or other attempts to obtain sensitive information improperly

- Share illegal, fraudulent, deceptive, threatening, harassing, hateful, exploitative, obscene, pornographic, or otherwise unlawful content

- Send or promote unlawful controlled substances, unlawful gambling, adult content, firearms, alcohol, tobacco or vaping products, or other regulated content without every approval, license, consent, and carrier permission required for the campaign

- Violate intellectual-property, privacy, publicity, consumer-protection, or other third-party rights

- Impersonate individuals or organizations, or misrepresent your affiliation, registration, authorization, or offer

- Exploit, target, or collect personal information from children or other vulnerable persons in violation of applicable law

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

- Use purchased, rented, scraped, harvested, appended, unlawfully acquired, or third-party email addresses or phone numbers without STATXE's express written preapproval and recipient-specific permission evidence

- Generate recipient addresses or phone numbers by guessing, dictionary attack, sequential dialing, or similar methods

- Disable, obscure, bypass, delay, evade, or re-add recipients around unsubscribe, STOP, help, suppression, consent, quiet-hours, rate, complaint, bounce, sender-verification, registration, or other compliance controls

- Create, rotate, transfer, or use accounts, domains, numbers, brands, subaccounts, or campaigns to evade a carrier, provider, regulatory, STATXE, or recipient restriction

- Forge, alter, or fabricate consent, opt-in, opt-out, campaign-registration, sender-identity, or delivery records; submit misleading evidence during a compliance review; or encourage another person to do so

- Send SMS/MMS through an automated system when the applicable law, carrier, or program requires a different form of consent, disclosure, registration, sender identity, or recipient age verification than you have obtained

- Use or instruct an Automation to send messages at times, frequencies, or to locations prohibited or restricted by applicable law, carrier rules, or recipient preferences

- Violate any applicable laws, regulations, carrier or mailbox-provider requirements, or industry guidelines

Consent Requirements:

- Have and retain the documented consent, authorization, or other lawful basis required for each recipient, message, and destination

- Maintain retrievable records of each recipient's source; permission text, scope, and version; date and method of collection; and every withdrawal, objection, opt-out, and suppression event

- Honor unsubscribe and other opt-out requests without delay and within every applicable legal deadline; suppress opted-out recipients before future marketing sends

- Not use purchased, rented, scraped, harvested, appended, or third-party lists unless STATXE has expressly preapproved the source in writing after receiving adequate recipient-specific permission evidence

- For SMS/MMS, retain the disclosure and consent language shown to the recipient, the date and method of opt-in, the phone number, the campaign or program, the message type, and any proof needed to demonstrate the consent required by applicable law or carrier rules

- Process STOP, opt-out, revocation, or other reasonable withdrawal requests promptly and do not resume marketing SMS/MMS unless you have a new valid basis to do so

Content Requirements:

- Include a valid physical mailing address in commercial email and wherever otherwise required by applicable law

- Provide a clear and conspicuous unsubscribe mechanism

- Use accurate "From" and "Subject" headers

- Identify commercial messages as advertisements when required

- For SMS/MMS, identify the sending brand or program, include required opt-out/help disclosures, use only approved and accurately registered sender identities and campaigns, and do not conceal the purpose of the message

Compliance:

- Comply with CAN-SPAM, the TCPA and applicable state telemarketing/SMS laws, GDPR, CASL, PECR/ePrivacy rules, and every other law, regulatory requirement, and carrier or mailbox-provider rule that applies to you, your message, your recipients, or their data

- Screen each campaign against applicable do-not-contact, preference, and suppression lists

- Maintain bounce rates below 4% and spam-complaint rates below 0.08%, or any lower threshold we communicate to you

- Follow email best practices for deliverability and provide evidence of compliance promptly when we request it

Statxt-enabled Automations:

An Automation may invoke, transmit data to, or cause messaging through the Statxt service (a "Statxt-enabled Automation"). Your use of the Statxt service is also subject to the current Statxt Terms and Conditions and Privacy Policy linked below. You must review and comply with them before enabling a Statxt-enabled Automation. Where those policies expressly govern the Statxt service or its processing of data, they apply in addition to these Terms; these Terms continue to govern your use of STATXE. By enabling a Statxt-enabled Automation, you instruct STATXE to transmit the data and instructions reasonably necessary to perform that Automation. This does not reduce your responsibility for recipient consent, content, suppression, or compliance.

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.

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.

Data Processing:

We process data in accordance with our Privacy Policy, any applicable Data Processing Agreement ("DPA"), and applicable data protection laws. Where data-protection law applies, the parties' roles and processing terms are governed by the DPA to the extent it applies.

Your Responsibilities:

You are responsible for your instructions and for the legality, security, and confidentiality of all personal data that you or your users upload, store, send, receive, access, or otherwise cause to be processed through the Service. This includes data about your employees, customers, prospects, subscribers, message recipients, and any other person. Where you act as a controller or equivalent, you are responsible for:

- Obtaining necessary consents for data collection

- Providing privacy notices to your subscribers

- Responding to data subject requests

- Implementing and maintaining appropriate administrative, technical, and physical safeguards, access controls, and credential-management practices

- Choosing and documenting an appropriate lawful basis for each processing and communication

- Ensuring that your data, instructions, and use of the Service do not violate third-party rights or applicable data-protection law

Security Incidents:

You must promptly detect, investigate, contain, and remediate any actual or reasonably suspected unauthorized access to, acquisition, disclosure, loss, alteration, destruction, or unavailability of personal data, account credentials, or systems used with the Service (a "Security Incident"). If a Security Incident affects, or may reasonably affect, the Service, data processed through it, or a STATXE account or credential, you must notify STATXE through the current support channel without undue delay and no later than twenty-four (24) hours after discovery. Your notice must include the known facts, affected systems and data categories, estimated scope, containment steps, and a contact for follow-up; you must promptly provide material updates and reasonably cooperate with our investigation.

Data Processing Agreement:

If a DPA is required for your use of the Service, you must execute it before submitting personal data for that use. A DPA does not make unlawful data, instructions, or campaigns lawful, and does not relieve you of the responsibilities above.

Disclaimer of Warranties:

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ERROR-FREE OPERATION, SECURITY, DELIVERABILITY, OR COMPLIANCE WITH LAW. STATXE DOES NOT WARRANT THAT THE SERVICE WILL PREVENT OR DETECT ALL VIOLATIONS, MAKE YOUR COMMUNICATIONS COMPLIANT, OR ACHIEVE ANY INBOX PLACEMENT, DELIVERY, OPEN, CLICK, OR OTHER RESULT.

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 AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

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, legal, recipient-harm, reputation, or third-party-provider risk to the Service

- Fail to provide compliance evidence we reasonably request

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. Sections that by their nature should survive will survive, including payment, intellectual property, confidentiality, disclaimers, indemnification, limitations of liability, and dispute terms.

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.

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.

Non-transferability:

Platform-purchased domains, including all sending subdomains, are non-transferable. They cannot be transferred to another STATXE account, another organization, a departing teammate, or any registrar or third party. Paying for a domain or Domain Protection does not create ownership or a right to take the domain outside STATXE.

Domain Protection:

Every active purchased domain requires Domain Protection at the then-current monthly rate (currently $15 per domain). Protection includes Spam Defender, Bot Warmer, and Reputation Protector. Protection cannot be removed while the domain remains active. A teammate may fund Protection with their own payment method; the organization still controls the domain. If that payer leaves or payment fails, we may quarantine the domain until another authorized member assumes billing. We will not silently charge another user.

Health, quarantine, and graveyard:

Each purchased domain may have up to six custom sending subdomains. STATXE may quarantine a sending host that shows sustained critical bounce or complaint rates and may permanently retire a host after an administrator confirms a burn. When every provisioned sending host is burned, or an owner/admin self-retires the apex, the domain enters the Domain Graveyard: sending stops, Domain Protection billing stops, and the domain cannot be restored or transferred. You may then purchase a replacement domain subject to your plan allowance.

Counsel review:

This section is product policy. Final ownership, billing, termination, and retirement wording should be reviewed by counsel before public release.

**Email:** legal@statxe.com

**Address:** STATXE Inc., 100 Market Street, Suite 300, San Francisco, CA 94102