Last updated: [DATE]
Campaign Monster ("the Service", "we", "us", "our") is operated by Campaign Monster (Hyderabad, India). By checking the acceptance box at signup, creating an account, or otherwise accessing or using the Service, you agree to be bound by these Terms of Service and our Privacy Policy in full. If you don't agree, don't create an account or use the Service. If you are accepting on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.
You're responsible for keeping your login credentials confidential and for all activity that occurs under your account, whether or not you authorized it. If you invite other members to your organization, you're solely responsible for their conduct, quota usage, and every campaign sent under your organization, and you agree to ensure they comply with these Terms. We are not liable for any loss arising from unauthorized access to your account that results from your failure to safeguard your credentials.
You are solely and entirely responsible for having a lawful basis and appropriate consent to email every contact you upload, and for compliance with every law that applies to those contacts, including CAN-SPAM, India's IT Act and rules on unsolicited commercial email, GDPR, and any equivalent regulation in any jurisdiction where your recipients are located. The Service does not verify, and has no way to verify, how or where you obtained a contact list, or whether the people on it consented to receive email from you. We take no responsibility for the legality, accuracy, or source of any list you upload.
You agree not to upload or email contacts you don't have permission to contact, purchased or scraped lists, or any list assembled in violation of applicable law. You further agree not to use the Service for spam, unsolicited bulk email, phishing, fraudulent or deceptive communications, malware distribution, impersonation of any person or organization, or any attempt to circumvent an unsubscribe request or suppression record — see our Acceptable Use Policy for detail. We may suspend or terminate your account immediately and without notice if we suspect your use of the Service violates this section, generates spam complaints, produces abnormal bounce rates, or otherwise creates risk to our relationship with our email or verification providers, and we are not liable to you for any resulting loss.
Email verification is performed by a third-party provider; campaign sending is performed by a third-party provider. Verification results (deliverable, risky, undeliverable) are probabilistic estimates only. We make no guarantee, express or implied, that a "deliverable" result means an email will reach an inbox, that a campaign will send successfully, or that any verification or sending provider will be available at any given time. We are not responsible for outages, rate limits, account suspensions, or errors originating from our verification provider, our email delivery provider, our payment provider, or any other third-party provider the Service relies on, and any interruption to the Service caused by such a provider is not a breach of these Terms.
Every campaign email includes an unsubscribe link. Once someone unsubscribes, we suppress that address from every future campaign you send, across every list it appears on, and it stays suppressed even if you re-upload it later. You agree not to attempt to circumvent this suppression or re-contact anyone who has unsubscribed or reported a message as spam; doing so is grounds for immediate termination.
Paid plans include a fixed monthly allowance of verifications and sends, shared across your organization. Monthly plans are billed in advance and renew automatically each cycle; 6-month and 12-month plans are billed in advance for the full prepaid term and also renew automatically at that same cadence unless cancelled before the renewal date.
All fees, including prepaid 6-month and 12-month terms, are non-refundable once charged, in whole or in part, regardless of how much of your allowance you use, except where a refund is required by law. Cancelling stops future renewal charges but does not refund the current billing period or any prepaid term already paid. Unused allowance does not carry over between billing periods and is forfeited on renewal, downgrade, or cancellation. We may change prices or plan allowances at any time by posting updated pricing on the Service; continuing to use the Service, or renewing a subscription, after a price change takes effect constitutes your acceptance of the new price.
If a payment fails and is not successfully retried, we may immediately suspend your organization's validation and sending allowance until payment is resolved, without further notice, and without liability to us for any resulting disruption to your campaigns.
Referral rewards have no cash value, cannot be exchanged, transferred, or redeemed for money, and are granted entirely at our discretion. We may modify, suspend, or discontinue the referral program at any time without notice, including for accounts already enrolled. We may withhold or reverse a referral reward, and revoke any quota already granted from it, if we suspect fraud, abuse, self-referral through alternate accounts, or any attempt to manipulate the program, and if the qualifying payment is refunded or charged back. Participation in the referral program does not entitle you to any reward, and referral rewards are not a substitute for, and do not affect, your obligations under a paid subscription.
We may suspend or terminate your account or access to the Service at any time, with or without cause and with or without notice, including for suspected violation of these Terms, non-payment, suspected fraud or abuse, or if we discontinue the Service. Termination does not entitle you to a refund of any fees already paid. Sections 3, 6, 8, 9, 10, and 11 survive termination of these Terms.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY VERIFICATION RESULT OR CAMPAIGN OUTCOME WILL MEET YOUR EXPECTATIONS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR OFFICERS, EMPLOYEES, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE AMOUNT YOU ACTUALLY PAID US IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
You agree to indemnify, defend, and hold harmless Campaign Monster and its officers and employees from any claim, demand, loss, liability, or expense (including reasonable legal fees) arising out of or related to: (a) the contact lists you upload or the contacts you email; (b) your violation of any law, including anti-spam or data protection law; (c) your violation of these Terms; or (d) content you send through the Service.
These Terms are governed by the laws of India, without regard to conflict-of-law principles. Any dispute arising out of or relating to these Terms or the Service will be subject to the exclusive jurisdiction of the courts of Hyderabad, India, and you consent to that jurisdiction and waive any objection to venue there.
We own all right, title, and interest in the Service, including its software, design, and branding. You retain ownership of the contact data and campaign content you upload, and grant us a limited license to process it solely to provide the Service to you. Nothing in these Terms transfers any of our intellectual property to you.
We may update these Terms at any time by posting the revised version on the Service. The "Last updated" date above reflects the most recent revision. Continuing to use the Service after a revised version is posted constitutes your acceptance of it, whether or not you received a separate notice.
If any provision of these Terms is found unenforceable, the remaining provisions stay in full effect. These Terms, together with the Privacy Policy, are the entire agreement between you and us regarding the Service and supersede any prior agreement on the subject. Our failure to enforce any provision is not a waiver of it.
Questions about these Terms: admin@campaign-monster.com · +1 410-670-0167 · Hyderabad, India.
This is a working draft written for how Campaign Monster actually functions today, drafted to favor the company on the points that most commonly generate disputes (refunds, liability, third-party outages, account termination). Replace the bracketed placeholders and have it reviewed by a lawyer familiar with your jurisdiction before relying on it as your actual Terms of Service.