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Terms of Service

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These Terms of Service (“Terms”) are a legal agreement between you (“you,” “Customer”) and Work Reactor Inc., operating as Unitpost (“Unitpost,” “we,” “us,” or “our”), and govern your access to and use of our website, API, dashboard, and related services (the “Service”).

By creating an account or using the Service, you agree to these Terms and to our Privacy Policy. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization.

Please note: these Terms include a binding arbitration provision and class-action waiver in Section 16, which affect how disputes are resolved. You may opt out within 30 days as described there.

01Acceptance of these terms

If you do not agree to these Terms, do not use the Service. We may require you to accept updated Terms to continue using the Service, as described in “Changes to these terms” below.

02The Service

Unitpost provides email infrastructure for developers: a sending API and SMTP, a dashboard, template tooling, deliverability analytics, event logs, and webhooks for transactional and marketing email. We may add, change, or remove features over time.

We may offer features identified as beta, preview, or early access. These are provided for evaluation, may be changed or discontinued at any time, and are provided without any warranty or service commitment.

The Service is not designed for use in situations where a failure or delay of an email could lead to death, personal injury, or physical or environmental damage (for example, emergency notifications or life-safety systems), and you must not use it for such purposes.

03Accounts & eligibility

  • You must be at least 18 years old and able to form a binding contract to use the Service.
  • You are responsible for the activity under your account and for keeping your credentials, API keys, and sign-in access secure.
  • You must provide accurate account information and keep it up to date. Notify us promptly of any unauthorized use.

04Acceptable use

You agree not to use the Service to send, store, or facilitate any content or activity that is unlawful, harmful, or abusive. In particular, you must not:

  • Send unsolicited bulk or commercial email (spam), or email to recipients who have not consented or with whom you lack a valid relationship.
  • Harvest, purchase, or use email lists you do not have permission to contact.
  • Send phishing, malware, fraudulent, deceptive, or misleading content, or forge headers or sender identity.
  • Distribute content that is illegal, infringing, defamatory, harassing, hateful, or sexually exploitative, or that violates the privacy or rights of others.
  • Attempt to bypass sending limits, suppression lists, rate limits, or other technical or security controls.
  • Reverse engineer, disrupt, overload, or gain unauthorized access to the Service or its infrastructure.

We may refuse, throttle, or remove content and restrict sending that we reasonably believe violates these rules, in order to protect deliverability and the platform for all customers.

05Sending rules & anti-spam

  • You are solely responsible for the content you send and for obtaining any required consent from your recipients.
  • You must comply with all applicable email and anti-spam laws, including the CAN-SPAM Act, GDPR/ePrivacy, CASL, and similar laws.
  • Marketing messages must include a functioning unsubscribe mechanism and honor opt-outs promptly. You must not send to addresses on your suppression list.
  • You must properly authenticate your sending domains (SPF, DKIM, DMARC) as required to send through the Service.

06Your data & our role

You retain all rights to the data you submit, including recipient lists and message content (“Customer Data”). You grant us the rights necessary to process Customer Data to provide and improve the Service. As described in our Privacy Policy, we act as a processor for the personal data in the emails you send and process it only on your instructions. You are responsible for the lawfulness of the Customer Data and your instructions, including having obtained any consents and provided any notices required to give us the rights above.

Where we process personal data in Customer Data as your processor, we will: process it only to provide the Service and on your documented instructions; ensure personnel with access are bound by confidentiality; apply the technical and organizational safeguards described in our Privacy Policy; engage subprocessors only under written terms no less protective and remain responsible for them; assist you, as reasonably needed, with data-subject requests and security-incident notifications; and delete or return that personal data when it is no longer needed to provide the Service, except where retention is required by law. Our Data Processing Addendum (incorporating the Standard Contractual Clauses) forms part of these Terms and applies whenever we process personal data on your behalf; for a countersigned copy, contact us at legal@unitpost.com.

We may generate and use aggregated or de-identified data derived from use of the Service (such as delivery and deliverability statistics) to operate, secure, benchmark, and improve the Service, provided it does not identify you or your recipients.

You must not submit to the Service any data whose processing is subject to heightened regulatory requirements — such as protected health information under HIPAA, cardholder data under PCI-DSS, or similar special categories — unless we have expressly agreed in writing to handle it.

07API keys & usage limits

API keys authenticate requests to the Service and must be kept confidential; you are responsible for activity performed with your keys. We may apply rate limits, sending caps, and other technical limits, and may adjust them to protect the Service. Automated or programmatic use must stay within these limits.

08Fees & payment

  • Paid plans are billed according to the pricing shown at our pricing page. Pricing is volume-based — you pay for the emails you send.
  • Fees are charged in advance for subscriptions and/or based on usage, through our payment processor. You authorize us to charge your payment method for all applicable fees.
  • Except where required by law, fees are non-refundable. You are responsible for applicable taxes.
  • We may change pricing on a prospective basis with reasonable notice. Continued use after a change means you accept it.
  • If a payment fails or is overdue, we may suspend or limit the Service until amounts are paid.

09Intellectual property

The Service, including its software, design, and content (excluding Customer Data), is owned by Work Reactor Inc. and its licensors and is protected by intellectual-property laws. We grant you a limited, non-exclusive, non-transferable right to use the Service in accordance with these Terms. You may not copy, modify, or create derivative works of the Service except as expressly permitted. Any feedback you provide may be used by us without obligation to you.

10Third-party services

The Service integrates with third-party providers (for example, payment, hosting, and delivery infrastructure). Your use of those services may be subject to their terms, and we are not responsible for third-party services. Links or integrations do not imply endorsement.

11Suspension & termination

You may stop using the Service and delete your account at any time. We may suspend or terminate your access if you violate these Terms, if your use poses a security, legal, or deliverability risk, if required by law, or for non-payment. Where practical and lawful, we will give notice, and we will not be liable to you or any third party for a suspension or termination in accordance with these Terms.

Upon termination, your right to use the Service ends and fees accrued remain payable. You are responsible for exporting any Customer Data you wish to keep before your account is closed — the dashboard and API let you retrieve your data at any time while your account is active. After termination we may delete Customer Data in the ordinary course, as described in our Privacy Policy, and have no obligation to retain it. Sections that by their nature should survive (such as fees owed, IP, disclaimers, limitation of liability, indemnification, and dispute terms) survive termination.

12Disclaimers

Please read this section carefully.

The Service is provided “as is” and “as available” without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or that every email will be delivered, as deliverability depends on factors outside our control (including recipient mailbox providers and your sending practices). Unless expressly agreed in a separate written agreement, no service-level commitment applies, and no advice or information obtained from us creates any warranty not expressly stated here. Some jurisdictions do not allow certain warranty exclusions, so some of the above may not apply to you.

13Limitation of liability

To the maximum extent permitted by law, Work Reactor Inc. and its affiliates, officers, directors, employees, agents, and licensors will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or any loss of profits, revenue, business, data, or goodwill, or the cost of substitute services, however caused and under any theory of liability (contract, tort, negligence, strict liability, or otherwise), even if we have been advised of the possibility of such damages and even if a limited remedy fails of its essential purpose. Without limiting the foregoing, we are not liable for non-delivery, delayed delivery, misdelivery, or filtering of any email by recipient mailbox providers, or for losses arising from your Customer Data, your sending practices, or unauthorized use of your account or API keys.

To the maximum extent permitted by law, our total aggregate liability arising out of or relating to the Service and these Terms — regardless of the number of claims — will not exceed the greater of the amounts you paid us for the Service in the twelve (12) months before the event giving rise to the claim, or USD $100. The limitations in this section apply to the fullest extent permitted by law but do not exclude liability that cannot be excluded, such as liability for fraud or for death or personal injury caused by negligence. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you. Each provision of this section allocates risk between the parties and is a basis of the bargain; the pricing of the Service reflects this allocation.

14Indemnification

You will defend, indemnify, and hold harmless Work Reactor Inc. and its affiliates, officers, directors, employees, and agents from and against any third-party claims, damages, liabilities, and expenses (including reasonable legal fees) arising out of or related to your Customer Data, the messages you send, your use of the Service, or your violation of these Terms or applicable law (including anti-spam and data-protection laws). We will give you prompt notice of any such claim and may, at our option, participate in the defense with counsel of our choosing; you may not settle any claim that imposes obligations on us without our prior written consent.

15Governing law

These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-laws rules and excluding the United Nations Convention on Contracts for the International Sale of Goods. Any dispute that is not subject to arbitration under the section below (or that cannot be heard in small claims court) will be resolved exclusively in the state and federal courts located in Delaware, and you and we consent to their jurisdiction.

To the extent permitted by law, any claim arising out of or relating to the Service or these Terms must be filed within one (1) year after the claim accrued, or it is permanently barred.

16Arbitration & class-action waiver

Please read this section carefully — it affects your legal rights, including your right to file a lawsuit in court. You may opt out as described below.

Informal resolution first. Before starting a formal proceeding, you agree to first contact us at legal@unitpost.com with a description of the dispute and give us a good-faith opportunity to resolve it informally within thirty (30) days. Most concerns can be resolved this way.

Binding arbitration. Except for the carve-outs below, you and Work Reactor Inc. agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by final and binding arbitration administered by JAMS under its Streamlined Arbitration Rules and Procedures, before a single arbitrator, seated in Delaware (or conducted by videoconference or, where required for enforceability, in the county of your billing address). Judgment on the award may be entered in any court of competent jurisdiction. You and we each waive the right to a trial by jury and to have disputes decided in court, except as stated below. This section is governed by the Federal Arbitration Act. For claims under USD $10,000, we will pay the JAMS filing, administrative, and arbitrator fees beyond the amount you would pay to file the claim in court, unless the arbitrator finds the claim frivolous.

Carve-outs. Either party may (i) bring an individual claim in small claims court where permitted, and (ii) seek injunctive or other equitable relief in court for actual or threatened infringement or misuse of intellectual property, or unauthorized access to the Service.

Class-action and collective-relief waiver. To the fullest extent permitted by law, all disputes are personal to you and Work Reactor Inc.and will be resolved only on an individual basis. Neither party may bring, join, or participate in a class action, class arbitration, or any other collective or representative proceeding, whether in arbitration or in court, and the arbitrator may not consolidate more than one party’s claims. This waiver applies even if the arbitration agreement above is found unenforceable. If a court finds this waiver unenforceable as to a particular claim, that claim (and only that claim) must proceed in court under the Governing law section, and the waiver continues to apply to all other claims.

Mass filings. If twenty-five (25) or more similar arbitration demands are filed against us by the same or coordinated counsel, the parties agree that the demands will be resolved in staged proceedings: batches of up to ten (10) will be selected (half by each side) to proceed first, with the remainder tolled and stayed, and the parties will engage in good-faith global mediation informed by the outcomes before further batches proceed.

30-day opt-out. You may opt out of this arbitration agreement and class-action waiver by emailing legal@unitpost.com within thirty (30) days of first accepting these Terms, with your full name, account email, and a clear statement that you opt out of arbitration. Opting out does not affect any other part of these Terms and will not affect your access to the Service.

17Export controls & sanctions

The Service may be subject to U.S. export-control and economic sanctions laws. You represent that you are not located in, or a resident of, any country or region subject to comprehensive U.S. sanctions, and that you are not on any U.S. government restricted-party list. You agree not to use the Service in violation of any export-control or sanctions laws, and not to permit others to do so through your account.

18General terms

  • Force majeure. Neither party is liable for delay or failure to perform (other than payment obligations) caused by events beyond its reasonable control, such as internet or utility failures, acts of government, natural disasters, war, or labor disputes.
  • Entire agreement. These Terms, together with the Privacy Policy and any documents they incorporate, are the entire agreement between you and us about the Service and supersede prior agreements on that subject. Terms in your purchase orders or similar documents do not apply.
  • Assignment. You may not assign these Terms without our prior written consent. We may assign them in connection with a merger, acquisition, or sale of assets, or to an affiliate.
  • Severability & waiver. If any provision is found unenforceable, it will be limited to the minimum extent necessary and the rest remains in effect. A failure to enforce a provision is not a waiver of it.
  • No third-party beneficiaries. These Terms do not create rights for any third party.
  • Relationship & notices. The parties are independent contractors. We may provide notices by email to the address on your account or through the Service; legal notices to us should go to legal@unitpost.com.

19Changes to these terms

We may update these Terms from time to time. When we make material changes, we will update the “Last updated” date above and, where appropriate, notify you (for example, by email or through the Service) before the changes take effect. Your continued use of the Service after an update means you accept the revised Terms; if you do not agree, stop using the Service and delete your account.

20Contact us

Questions about these Terms? Reach us at legal@unitpost.com or, for general support, support@unitpost.com.

Work Reactor Inc.
2055 Limestone Road STE 200-C
Wilmington, DE 19808
United States