Terms and Conditions

Welcome to ThePurpleBox. These Terms and Conditions ("Terms") govern your access to and use of ThePurpleBox's transactional email service platform, including our website, APIs, SMTP services, and related services (collectively, the "Service").

By creating an account, accessing our Service, or using any part of our platform, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use our Service.

These Terms constitute a legally binding agreement between you (either an individual or an entity) and ThePurpleBox ("we", "us", or "our"). Please read them carefully.

For the purposes of these Terms:

• "Account" means the unique account created for you to access our Service.
• "API" means the application programming interface provided by ThePurpleBox for programmatic access to the Service.
• "API Key" means the unique authentication credentials issued to you for API access.
• "Content" means any data, text, information, email content, or other materials transmitted through the Service.
• "Developer" means a team member role with permissions to access API keys and send emails.
• "Admin" means a team member role with full permissions including billing and team management.
• "Transactional Email" means automated, one-to-one messages triggered by a user action or system event, including but not limited to account notifications, password resets, order confirmations, and service alerts.
• "User", "you", or "your" means the individual or entity accessing or using the Service.

3.1 Eligibility

To use the Service, you must be at least 18 years old and have the legal capacity to enter into binding contracts. By creating an account, you represent and warrant that you meet these requirements.

3.2 Account Registration

To access the Service, you must create an account by providing accurate, complete, and current information. You may register using:

• Email address and password
• OAuth authentication via Google
• OAuth authentication via GitHub

3.3 Account Security

You are responsible for maintaining the confidentiality of your account credentials, including your password and API keys. You agree to:

• Use a strong, unique password for your account
• Keep your API keys secure and not share them publicly
• Notify us immediately of any unauthorized access or security breach
• Accept responsibility for all activities that occur under your account

3.4 Account Information

You agree to provide accurate and up-to-date information during registration and to keep your account information current. We reserve the right to suspend or terminate accounts with false, misleading, or outdated information.

3.5 One Account Per Entity

You may not create multiple accounts to circumvent restrictions, abuse our Service, or avoid fees. We reserve the right to consolidate or terminate duplicate accounts.

4.1 Third-Party Authentication

ThePurpleBox offers OAuth authentication through Google and GitHub ("OAuth Providers") as a convenience to users. When you choose to authenticate using these services, you authorize us to access certain information from your OAuth Provider account as permitted by that provider.

4.2 No Control Over OAuth Providers

ThePurpleBox does not own, control, or operate Google or GitHub. We are not responsible for:

• The availability, performance, or security of OAuth Provider services
• Changes to OAuth Provider terms, policies, or functionality
• Security breaches or unauthorized access to your OAuth Provider account
• Discontinuation of OAuth services by Google or GitHub

4.3 Your Responsibility

When using OAuth authentication, you are responsible for:

• Securing your Google or GitHub account with strong authentication
• Reviewing and accepting the OAuth Provider's terms of service
• Understanding what information is shared with ThePurpleBox
• Maintaining access to your OAuth Provider account to continue using our Service

4.4 OAuth Access Revocation

You may revoke ThePurpleBox's access to your OAuth Provider account at any time through your OAuth Provider's settings. Please note that revoking access may limit or prevent your ability to access our Service. You may need to create a traditional email/password account to continue using ThePurpleBox.

4.5 Limitation of Liability

ThePurpleBox shall not be liable for any damages, losses, or issues arising from the use of OAuth authentication, including but not limited to service interruptions, security breaches of OAuth Provider systems, or loss of access due to OAuth Provider account issues.

5.1 Transactional Email Service

ThePurpleBox is designed and intended exclusively for sending transactional emails. Our Service may NOT be used for marketing emails, promotional campaigns, newsletters, bulk email blasts, or any form of mass marketing communication.

5.2 Acceptable Transactional Use Cases

Transactional emails are automated messages sent to individual recipients in response to a specific action or event. Acceptable use cases include:

• Account creation and verification emails
• Password reset and security alert notifications
• Order confirmations, receipts, and shipping notifications
• Service status updates and system notifications
• Two-factor authentication codes
• Account activity alerts
• Invoice and payment confirmations
• User-initiated reports or data exports
• Support ticket updates and responses

5.3 Prohibited Marketing and Promotional Content

You may NOT use ThePurpleBox to send:

• Marketing emails, promotional offers, or sales campaigns
• Newsletters or periodic email digests (unless explicitly user-triggered)
• Bulk announcements to large recipient lists
• Re-engagement or win-back campaigns
• Upsell or cross-sell promotional messages
• Any email whose primary purpose is advertising or promotion

5.4 Enforcement

We actively monitor email content and sending patterns to ensure compliance with this transactional-only policy. Violations will result in immediate suspension or termination of your account, with no refunds for unused credits or services.

5.5 Questions About Acceptable Use

If you are unsure whether your intended use case qualifies as transactional, please contact our support team before sending. We are happy to review your use case and provide guidance.

In addition to the transactional-only requirement, you agree NOT to use the Service for any of the following prohibited activities:

6.1 Spam and Unsolicited Communications

• Sending unsolicited emails to recipients who have not opted in
• Using purchased, rented, scraped, or third-party email lists
• Sending emails to contacts who did not provide explicit consent
• Ignoring unsubscribe requests or opt-out mechanisms

6.2 Illegal or Harmful Content

• Phishing attempts or impersonation of other individuals or entities
• Distribution of malware, viruses, or malicious code
• Fraudulent schemes or deceptive practices
• Content that violates applicable laws or regulations
• Harassment, threats, or abusive communications
• Content promoting illegal activities or services

6.3 Technical Abuse

• Attempting to circumvent rate limits or usage restrictions
• Overloading or attempting to disrupt our infrastructure
• Reverse engineering, decompiling, or disassembling our Service
• Using automated scripts to abuse the API beyond fair use
• Attempting to gain unauthorized access to our systems

6.4 Compliance Violations

• Violating CAN-SPAM Act, GDPR, CASL, or other email regulations
• Failing to include proper sender identification
• Omitting required unsubscribe mechanisms (where applicable)
• Misrepresenting the source or content of emails

6.5 Reputation Damage

• Engaging in practices that result in high bounce rates
• Generating excessive spam complaints
• Causing IP or domain blacklisting
• Damaging ThePurpleBox's reputation or deliverability

6.6 Consequences of Prohibited Activities

Violation of these prohibited activities may result in:

• Immediate suspension or restriction of sending capabilities
• Permanent account termination without refund
• Legal action and pursuit of damages
• Reporting to relevant authorities or anti-spam organizations

7.1 API Access

ThePurpleBox provides API and SMTP access for programmatic email sending. You may generate API keys through your account dashboard. Each API key is subject to the same Terms and usage policies.

7.2 Rate Limits

We implement rate limits to ensure fair access and system stability for all users. Rate limits vary by account type and usage tier. Excessive API requests may be throttled or blocked. If you require higher limits, please contact our support team.

7.3 Fair Use Policy

You agree to use the API in a reasonable manner that does not:

• Impose an unreasonable burden on our infrastructure
• Interfere with other users' access to the Service
• Attempt to circumvent technical limitations or restrictions
• Use automated means to make excessive requests

7.4 API Keys Security

You are responsible for keeping your API keys secure. Do not:

• Share API keys publicly (e.g., in public repositories)
• Embed API keys in client-side code
• Use the same API key across multiple applications without proper security

If you believe your API key has been compromised, revoke it immediately and generate a new one.

7.5 API Changes

We reserve the right to modify, update, or discontinue API features with reasonable notice. We will make efforts to maintain backward compatibility, but we cannot guarantee it for all changes.

8.1 No Guarantee of Delivery

While ThePurpleBox strives to provide reliable email delivery, we do not guarantee that emails will be delivered to recipients' inboxes or that they will not be marked as spam. Email deliverability depends on numerous factors beyond our control.

8.2 Factors Affecting Deliverability

Deliverability can be affected by:

• Recipient email provider's filtering and spam detection systems
• Your domain reputation and authentication records (SPF, DKIM, DMARC)
• Email content, subject lines, and formatting
• Recipient engagement history and preferences
• Industry-wide blacklists and reputation databases
• Recipient mailbox status (full, invalid, or inactive)

8.3 Your Responsibility

You are responsible for:

• Properly configuring DNS records for your sending domains
• Maintaining good sending practices and list hygiene
• Monitoring bounce rates and spam complaints
• Crafting compliant and appropriate email content

8.4 No Liability for Non-Delivery

ThePurpleBox shall not be liable for any damages arising from failed delivery, delayed delivery, or emails marked as spam, regardless of the cause. Our obligation is limited to making reasonable efforts to transmit emails; we do not control their ultimate delivery.

9.1 Privacy Policy

Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you also agree to the terms of our Privacy Policy.

9.2 Email Content and Metadata

When you send emails through our Service, we process and store email content, metadata, and related information as necessary to provide the Service, including for analytics, deliverability monitoring, and abuse prevention.

9.3 Your Data Responsibilities

You are responsible for ensuring that you have the legal right to collect, process, and transmit any personal data through our Service. You must comply with all applicable data protection laws, including GDPR, CCPA, and other relevant regulations.

9.4 Data Security

We implement reasonable security measures to protect data transmitted through our Service. However, no method of transmission over the Internet is 100% secure, and we cannot guarantee absolute security.

10.1 ThePurpleBox Ownership

The Service, including all software, designs, text, graphics, logos, and other content provided by ThePurpleBox, is owned by us and protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works without our express written permission.

10.2 Your Content

You retain all rights to the email content you send through our Service. By using the Service, you grant us a limited license to process, transmit, and store your content as necessary to provide the Service.

10.3 Feedback

If you provide feedback, suggestions, or ideas about our Service, we may use them without any obligation to compensate you or provide attribution.

10.4 Trademarks

ThePurpleBox and related logos are trademarks of our company. You may not use our trademarks without prior written consent.

11.1 Service Availability

We strive to maintain high availability of our Service, but we do not guarantee uninterrupted or error-free operation. The Service is provided "as is" and "as available."

11.2 Scheduled Maintenance

We may perform scheduled maintenance that temporarily interrupts access to the Service. We will attempt to provide advance notice of planned maintenance when possible.

11.3 Unscheduled Downtime

Occasionally, the Service may experience unscheduled downtime due to technical issues, infrastructure failures, or other circumstances beyond our control. We will work to restore service as quickly as possible.

11.4 No Liability for Downtime

ThePurpleBox shall not be liable for any damages resulting from service interruptions, downtime, or unavailability, whether scheduled or unscheduled.

12.1 Pricing

Pricing for the Service is available on our website and may vary based on usage volume, features, and account type. We reserve the right to change our pricing with reasonable notice.

12.2 Payment

You agree to pay all fees associated with your use of the Service. Payment is due according to the billing schedule for your account. We accept payment via the methods specified on our website.

12.3 Billing Cycles

Fees may be charged on a subscription basis, pay-as-you-go basis, or through prepaid credits, depending on your plan. You are responsible for providing current and accurate billing information.

12.4 Credits

If your plan includes email credits, they may have expiration dates and usage restrictions. Unused credits may not be refundable or transferable.

12.5 Refunds

Fees are generally non-refundable except as required by law or as explicitly stated in our refund policy. We may provide refunds at our sole discretion for service failures or billing errors.

12.6 Late Payment and Suspension

If payment is not received when due, we may suspend or terminate your access to the Service. You remain responsible for all unpaid fees plus any collection costs.

12.7 Taxes

You are responsible for any applicable taxes, duties, or fees related to your use of the Service, excluding taxes based on our net income.

13.1 Termination by You

You may terminate your account at any time through your account settings or by contacting our support team. Upon termination, you remain responsible for any outstanding fees.

13.2 Suspension or Restriction by Us

We may suspend, restrict, or limit your access to the Service at any time if:

• You violate these Terms or our policies
• Your account shows signs of abuse or suspicious activity
• Your sending practices generate excessive complaints or bounces
• Payment is past due
• We are required to do so by law or legal process

13.3 Termination by Us

We reserve the right to terminate your account and access to the Service at any time, with or without cause, with or without notice. Common reasons for termination include:

• Serious or repeated violations of these Terms
• Prohibited activities such as spam, fraud, or abuse
• Damage to our reputation or infrastructure
• Legal requirements or court orders

13.4 Effect of Termination

Upon termination of your account:

• Your access to the Service will be immediately revoked
• Your API keys will be deactivated
• Your data may be deleted according to our data retention policy
• You remain liable for any outstanding fees or obligations
• Prepaid fees or unused credits are generally non-refundable

13.5 Data Retrieval

After termination, you may have a limited period to retrieve your data as specified in our data retention policy. We are not obligated to retain data indefinitely after account termination.

14.1 Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ERROR-FREE OPERATION.

14.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THEPURPLEBOX SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, or business opportunities
• Loss of data or information
• Service interruptions or unavailability
• Failed or delayed email delivery
• Damage to reputation or goodwill
• Third-party claims or actions

14.3 Maximum Liability

IN NO EVENT SHALL THEPURPLEBOX'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

14.4 Exceptions

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such jurisdictions, our liability will be limited to the greatest extent permitted by law.

14.5 Acknowledgment

You acknowledge that the fees charged for the Service reflect this allocation of risk and that we would not provide the Service at the current pricing without these limitations.

15.1 Your Indemnification Obligation

You agree to indemnify, defend, and hold harmless ThePurpleBox, its affiliates, officers, directors, employees, agents, and partners from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

• Your use or misuse of the Service
• Your violation of these Terms or any applicable laws
• Your email content or sending practices
• Infringement of any third-party intellectual property rights
• Claims by recipients of your emails
• Damage to our reputation or infrastructure caused by your actions
• Your breach of any representations or warranties

15.2 Defense and Settlement

We reserve the right to assume exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense of such claims. You may not settle any claim that affects us without our prior written consent.

16.1 Third-Party Services

Our Service may integrate with or link to third-party services, websites, or applications (including OAuth providers like Google and GitHub). These third-party services are not under our control, and we are not responsible for their content, functionality, or practices.

16.2 No Endorsement

Our integration with or reference to third-party services does not constitute an endorsement or recommendation. You use third-party services at your own risk and should review their terms and privacy policies.

16.3 Third-Party Terms

Your use of third-party services may be subject to separate terms and conditions. You are responsible for complying with any applicable third-party terms.

16.4 Changes to Integrations

We may add, modify, or discontinue third-party integrations at any time without notice. We are not liable for any issues arising from changes to third-party services or integrations.

17.1 Right to Modify

We reserve the right to modify these Terms at any time. When we make changes, we will update the "Last Updated" date at the top of this page and may notify you through the Service, by email, or by other reasonable means.

17.2 Acceptance of Changes

Your continued use of the Service after changes to these Terms constitutes your acceptance of the modified Terms. If you do not agree to the changes, you must stop using the Service and terminate your account.

17.3 Material Changes

For material changes that substantially affect your rights or obligations, we will provide at least 30 days' notice before the changes take effect, unless required by law to implement changes sooner.

18.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of Ghana, without regard to its conflict of law provisions.

18.2 Jurisdiction and Venue

Any disputes arising from or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the courts located in Accra, Ghana. You consent to personal jurisdiction and venue in these courts.

18.3 Dispute Resolution

Before filing any legal action, you agree to attempt to resolve disputes informally by contacting us at info@thepurplebox.io. We will attempt to resolve the dispute through good faith negotiations.

18.4 Class Action Waiver

To the extent permitted by law, you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

19.1 Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and ThePurpleBox regarding the Service and supersede all prior agreements and understandings.

19.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect. The invalid or unenforceable provision will be replaced with a valid provision that most closely matches the intent of the original.

19.3 Waiver

Our failure to enforce any right or provision of these Terms will not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative of ThePurpleBox.

19.4 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms or our rights and obligations at any time without notice, including in connection with a merger, acquisition, or sale of assets.

19.5 Force Majeure

ThePurpleBox shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, or government actions.

19.6 Survival

Sections that by their nature should survive termination of these Terms shall survive, including but not limited to provisions relating to intellectual property, limitation of liability, indemnification, and dispute resolution.

19.7 Notices

Notices to you may be sent to the email address associated with your account. Notices to us should be sent to info@thepurplebox.io. Notices are deemed received when sent via email or when posted on our website.

19.8 Relationship of Parties

These Terms do not create a partnership, joint venture, agency, or employment relationship between you and ThePurpleBox. You have no authority to bind ThePurpleBox or make commitments on our behalf.

19.9 Language

These Terms are written in English. Any translations are provided for convenience only. In the event of any conflict between the English version and a translated version, the English version shall prevail.

If you have questions, concerns, or feedback about these Terms or the Service, please contact us:

We will make reasonable efforts to respond to your inquiries in a timely manner.