Terms of Service

Eligibility

You must be at least 18 years of age to use the Service. By using Relay, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms of Service.

Account Terms

1. You are responsible for maintaining the security of your account and password. The Company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
2. You are responsible for all content posted and activity that occurs under your account, including activity by organization members with their own logins under your account.
3. You may not use the Service for any illegal purpose or to violate any laws in your jurisdiction (including but not limited to anti-spam laws, copyright laws, and email regulations such as CAN-SPAM).
4. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
5. Your login may only be used by one person. A single login shared by multiple people is not permitted. You may create separate logins for as many people as your plan allows.
6. You must be a human. Accounts registered by automated methods ("bots") are not permitted.

Email Relay & Acceptable Use

Relay is an email relay service that processes inbound and outbound email on your behalf. You agree to the following:

1. You will not use the Service to send unsolicited bulk email (spam), phishing messages, or any content that violates applicable anti-spam laws.
2. You will not use the Service to relay malware, viruses, or other harmful content.
3. You are solely responsible for the email content relayed through the Service under your account.
4. The Company reserves the right to suspend or terminate accounts that engage in abusive sending practices or that negatively impact the deliverability reputation of the Service.

API Terms

Customers may access their Service data via the Application Program Interface ("API"). Any use of the API, including use through a third-party product that accesses the Service, is bound by these Terms of Service plus the following:

1. The Company shall not be liable for any damages or losses resulting from your use of the API or third-party products that access data via the API.
2. Abuse or excessively frequent requests to the Service via the API may result in the temporary or permanent suspension of your account's access to the API. The Company, in its sole discretion, will determine abuse or excessive usage. We will make a reasonable attempt via email to warn the account owner prior to suspension.

Payment, Trial & Cancellation

1. The Service includes a free trial period of 7 days. At the end of the trial, you must subscribe to a paid plan to continue using the Service. If you do not subscribe, your account will be suspended until payment is made.
2. You may cancel your subscription at any time. If you cancel during the free trial period, you will not be charged. If you cancel an active paid subscription, your cancellation will take effect at the end of the current billing cycle and you will not be charged again. There are no prorated refunds for unused time within a billing cycle.
3. For any upgrade or downgrade in plan level, the new rate will be charged at the next billing cycle. There will be no prorating for downgrades between billing cycles.
4. Downgrading your plan may cause the loss of features or capacity on your account. The Company does not accept liability for such loss.
5. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities. You are responsible for payment of all applicable taxes. Where required, the Company will collect and remit taxes on behalf of the relevant taxing authority.

Account Cancellation & Data Deletion

1. You are solely responsible for properly canceling your account. You can cancel your account at any time through the account settings in the Service.
2. Upon account cancellation, your data will become inaccessible immediately. Within 30 days, all data will be permanently deleted from our servers and backups. This information cannot be recovered once deleted.
3. The Company, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service for any reason at any time. Such termination will result in the deactivation or deletion of your account and the forfeiture of all content in your account. The Company reserves the right to refuse service to anyone for any reason at any time.

Modifications to the Service and Prices

1. The Company reserves the right at any time to modify or discontinue, temporarily or permanently, any part of the Service with or without notice.
2. Prices are subject to change upon 30 days' notice. Such notice may be provided by posting changes to the Service or by email.
3. The Company shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.

Copyright and Content Ownership

1. All content processed through the Service must comply with U.S. copyright law and applicable regulations.
2. We claim no intellectual property rights over the material you provide to or relay through the Service. All your content remains yours.
3. The Company does not pre-screen content, but reserves the right (but not the obligation) in its sole discretion to refuse or remove any content available via the Service.
4. The look and feel of the Service is copyright © Embr Holdings LLC. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML, CSS, JavaScript, or visual design elements without express written permission from the Company.

General Conditions

1. Your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis.
2. Technical support is provided via email only.
3. You understand that the Company uses third-party vendors and hosting partners to provide the necessary infrastructure required to run the Service.
4. You must not modify, adapt, or hack the Service.
5. You must not modify another website so as to falsely imply that it is associated with the Service or the Company.
6. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service without express written permission from the Company.
7. Verbal, physical, written, or other abuse (including threats of abuse or retribution) of any Service customer, Company employee, or officer will result in immediate account termination.
8. We reserve the right to temporarily disable your account if your usage significantly exceeds the average usage of other customers. We will reach out to the account owner before taking action except in rare cases where usage may negatively impact the performance of the Service for other customers.
9. The Company does not warrant that (i) the Service will meet your specific requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results obtained from use of the Service will be accurate or reliable, (iv) any errors in the Service will be corrected.
10. You expressly understand and agree that the Company shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, resulting from: (i) the use or inability to use the Service; (ii) the cost of procurement of substitute goods and services; (iii) unauthorized access to or alteration of your data; (iv) statements or conduct of any third party on the Service; (v) or any other matter relating to the Service.
11. The failure of the Company to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service constitute the entire agreement between you and the Company and govern your use of the Service, superseding any prior agreements.

Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

Contact

Questions about these Terms of Service should be sent to austin@embrjobs.com.

Embr Holdings LLC
Delaware, United States