Terms of Service

1. Acceptance of terms

These Terms of Service ("Terms") govern your access to and use of Boostmail, a product of AdPerfect ("Boostmail", "we", "us"), including our Shopify application and the website at boostmail.app (together, the "Service"). By installing, accessing, or using the Service, you ("you" or "Merchant") agree to be bound by these Terms. If you do not agree, do not use the Service. You represent that you are authorized to enter into these Terms on behalf of your business.

2. The Service

Boostmail is an email and SMS marketing application for Shopify stores. It provides campaign creation, automations and abandoned-cart flows, AI-assisted content generation, list segmentation, deliverability tooling, and related features. We may add, change, or remove features over time. We provide the Service on an ongoing basis but do not guarantee uninterrupted or error-free operation.

3. Plans, billing, and subscriptions

Boostmail offers a free plan and paid subscription plans priced primarily by the number of active subscribers in your account. Paid charges are billed through the Shopify Billing API on a recurring basis until cancelled. By approving a charge, you authorize the recurring fee for your selected plan. Fees are non-refundable except where required by law. If your active-subscriber count moves into a higher tier, your plan and fees may change accordingly. We may update pricing on prospective notice.

4. Acceptable use and anti-spam

You are solely responsible for the contacts you load into Boostmail and the messages you send. You represent and warrant that you have obtained all necessary consent to email and text every recipient on your lists, and that your use of the Service complies with all applicable laws and regulations, including the CAN-SPAM Act, the Telephone Consumer Protection Act (TCPA), CASL, the GDPR, and other anti-spam, privacy, and electronic-communications laws. Compliance with these laws, including obtaining consent, honoring opt-outs, and maintaining accurate sender information, is the Merchant's responsibility.

You agree not to use the Service to:

• send unsolicited messages or messages to recipients who have not consented or have opted out;
• send purchased, rented, scraped, or harvested contact lists;
• transmit unlawful, deceptive, infringing, or harmful content;
• impersonate any person or misrepresent your identity or affiliation; or
• interfere with, probe, or circumvent the security or integrity of the Service.

To protect deliverability for all customers, we may monitor sending behavior and may suspend or throttle sending that generates excessive bounces, spam complaints, or other signals of non-compliant use.

5. Disclaimers

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 any particular deliverability, open, click, or revenue result will be achieved, or that the Service will be uninterrupted, secure, or error-free.

6. Limitation of liability

To the maximum extent permitted by law, Boostmail and AdPerfect will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising out of or related to your use of the Service. Our total aggregate liability for any claim relating to the Service will not exceed the amounts you paid to us for the Service during the three (3) months preceding the event giving rise to the claim.

7. Termination

You may stop using the Service and uninstall Boostmail at any time. We may suspend or terminate your access if you breach these Terms, if required to protect the Service or other users, or as otherwise permitted by law. Upon termination, your right to use the Service ends; sections that by their nature should survive (including billing for amounts owed, disclaimers, and limitation of liability) will survive.

8. Governing law

These Terms are governed by the laws of [jurisdiction], without regard to its conflict-of-laws rules. The courts located in [jurisdiction] will have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Service.

9. Changes 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 through the Service. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

10. Contact us

Questions about these Terms? Email [email protected]. Boostmail is a product of AdPerfect.

See also our Privacy Policy and GDPR statement.