Terms of Service

These terms are the agreement between you and [LEGAL NAME] ("PennyPost", "we", "us") for using PennyPost: the website at usepennypost.com, the app and the API. By creating an account you accept them. If you use PennyPost for a company, you confirm that you can bind it, and "you" means the company too.

Two other documents are part of these terms. The Acceptable use policy says who you can email and what you can send. The Privacy policy says what we do with personal data.

1. Who can use PennyPost

• You must be at least 18 and able to enter a contract.
• PennyPost is for businesses and people sending email about their own app, product or service. It isn't meant for personal or household use.
• Sign up with your real name and an email address you read. Account, billing and policy notices go there.
• Keep your password and API keys secret. You're responsible for what happens under your account, including anything done with your API keys. If you think someone got in, email hello@usepennypost.com right away.

2. What PennyPost does

PennyPost writes onboarding and lifecycle emails for your app and sends them from your own domain. You give the AI builder your website's address and answer a few questions, and it drafts a workflow: the emails, the waits between them and the branches. You verify a sending domain, add your contacts (through the API, a CSV import or a signup form) and publish.

About the AI builder:

• What it writes is a draft. Nothing sends until you review and publish it, and you're responsible for every email you publish. AI can get things wrong, so check names, prices, links and promises before anything goes out.
• It reads up to three public pages of the website you give it. Only give it a website you own or have the right to use.
• An AI build that fails on our side doesn't count toward your monthly allowance.

3. Your content and your contacts

You own what you put into PennyPost: your contacts, your emails, your images and settings, and the drafts the AI writes for you. You let us store, copy, process and send that content only as far as we need to run PennyPost for you, keep it secure and follow the law.

You're responsible for:

• having permission to email every contact you add, as the Acceptable use policy describes;
• what your emails say, including any AI draft you publish;
• following the email, privacy and consumer laws that apply to you and to the people you email, such as CAN-SPAM, the GDPR and UK GDPR, and Canada's anti-spam law (CASL);
• telling your contacts in your own privacy policy that you send email through a provider and that opens and clicks are tracked.

For your contacts' personal data, you are the controller and we process it on your behalf and on your instructions, as the Privacy policy explains. If you need a signed data processing agreement, email us.

Images you upload to the email editor get a public web address so they can show inside emails. Don't upload anything you need to keep private.

4. Plans, payment and refunds

Plan	Price	Emails a month	Contacts	Workspaces	AI builds a month
Free	$0	1,000	500	1	3
Pro	$19 a month or $190 a year	25,000	5,000	1	25
Founding Solo	$149 once	25,000	5,000	1	25
Founding Agency	$299 once	60,000	15,000	3	60

• Emails sent on the Free plan may carry a small "Sent with PennyPost" footer.
• The Founding plans are sold to the first 100 buyers only, counted across both plans. You pay once, and the plan keeps its limits for as long as we run PennyPost. "Once" doesn't mean a set number of years, and it isn't tied to your lifetime.
• The monthly email count starts over on the first day of each calendar month (UTC). When you reach it, sending stops until the next month or until you upgrade. Unused emails and AI builds don't carry over.
• New accounts warm up. For the first 14 days there's also a daily limit, which rises as the account gets older. The Acceptable use policy has the numbers.

Payment. Polar (polar.sh) sells PennyPost plans as our reseller and merchant of record. When you pay, you buy from Polar, Polar's checkout terms apply to the payment, and Polar collects any sales tax or VAT due. We never see your full card number.

Renewals and cancelling. Pro renews automatically every month or every year until you cancel. You can cancel at any time. You keep Pro until the end of the period you paid for, and then the account goes back to the Free plan's limits.

Refunds. If PennyPost isn't right for you, ask for a refund within 30 days of a payment and you'll get all of that payment back, no questions asked. Email hello@usepennypost.com from your account's address. The refund goes back through Polar to the way you paid.

Price changes. We may change prices for new purchases at any time. If you have an active subscription, we'll email you at least 30 days before a new price applies to it, so you can cancel first if you want to. The price of a Founding plan you've already bought never changes.

5. Sending, limits and holds

Bounces, spam complaints and odd sending patterns from one account can hurt delivery for every PennyPost customer, so we watch them. We can pause a campaign or workflow, hold all sending on your account for review, or lower your limits when the Acceptable use policy says so or when we see signs of abuse. We'll tell you what happened and what to fix.

Mailbox providers such as Gmail and Outlook decide where an email lands. We don't promise inbox placement, open rates or any business result.

6. The API

Use the API as documented and within its rate limits. Don't use it to get around plan limits, holds or the Acceptable use policy. We can limit or revoke any key that puts PennyPost or its recipients at risk.

7. Changes to PennyPost

We work on PennyPost all the time and may add, change or remove features. If we remove a feature from a paid plan in a way that matters, we'll tell you before it happens.

We don't promise that PennyPost will always be available or free of bugs, but we work to fix problems quickly.

If we ever shut PennyPost down, we'll email you at least 30 days before and give you a way to export your data.

8. Closing your account

You can stop using PennyPost at any time. To close your account, email hello@usepennypost.com from the address on the account. We delete your account and everything in it within 30 days of closing it, as the Privacy policy describes. Two things stay: addresses on our suppression list (hard bounces and spam complaints) stay there so they're never emailed again, and Polar keeps the payment records that tax law requires.

We can suspend or close your account if you break these terms or the Acceptable use policy, if a payment fails and isn't fixed, if your sending puts other customers or our sending reputation at risk, or if the law requires it. When a problem can be fixed, we'll usually pause your sending first and tell you how to fix it. For serious abuse, such as phishing, malware or bought lists, we can act first and explain after.

Sections 3, 9, 10, 11, 12, 13 and 14 keep applying after your account closes, along with any payment you still owe.

9. Getting your data out

You can ask for a copy of your data at any time. Email us from your account's address and within 30 days we'll send your contacts, workflows, campaigns and newsletter settings as CSV or JSON files. Ask before you close your account, since closing it deletes the data.

10. Our property

PennyPost's software, design, name and logo belong to us or to the people who license them to us. These terms only give you the right to use the service. Parts of PennyPost are open-source software under their own licenses.

If you send us feedback or ideas, we can use them without owing you anything.

11. No warranties

PennyPost is provided "as is" and "as available". To the extent the law allows, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement.

12. Limits on liability

To the extent the law allows:

• Neither of us is liable to the other for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or goodwill, even if told they might happen.
• Our total liability for all claims about PennyPost is limited to the greater of what you paid us in the 12 months before the claim arose and US$50.

These limits don't apply to your obligations under section 13, to amounts you owe us, or to liability the law doesn't allow anyone to limit, such as liability for fraud.

13. Claims caused by your sending

If someone brings a claim against us because of your content, your contacts, the emails you send, or your breach of these terms, the Acceptable use policy or the law, you'll defend us and pay the resulting costs, damages and reasonable legal fees. We'll tell you about the claim promptly and let you control the defense, and we won't settle it in a way that admits fault for you without your agreement.

14. Law and disputes

These terms are governed by the laws of [GOVERNING LAW], without regard to its conflict-of-law rules. The courts of [DISPUTE VENUE] have exclusive jurisdiction over any dispute about PennyPost. Before going to court, email us and give us 30 days to try to settle it. If the law where you live gives you rights that a contract can't take away, these terms don't take them away.

15. Changes to these terms

We may update these terms. The date at the top shows the current version. If a change matters, we'll email you or show a notice in the app at least 14 days before it applies, unless the law or a security issue forces us to move faster. If you keep using PennyPost after the change applies, the new terms apply to you. If you don't agree, stop using PennyPost and close your account.

16. The rest

• These terms, the Acceptable use policy and the Privacy policy are the whole agreement between us about PennyPost.
• If a court finds part of these terms unenforceable, the rest still applies.
• If we don't enforce a right straight away, we haven't given it up.
• You can't transfer your account or these terms to someone else without our written agreement. We can transfer them as part of a merger, an acquisition or a sale of PennyPost, and we'll tell you if we do.
• Neither of us is responsible for delays or failures caused by events outside reasonable control, such as outages at our providers, natural disasters or war.
• We send notices to your account's email address. Send yours to hello@usepennypost.com.

Contact

[LEGAL NAME]
[POSTAL ADDRESS]
hello@usepennypost.com