Terms of Service

1. Agreement to Terms

By accessing or using the ADSMedia email delivery platform ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you may not access the Service.

ADSMedia is operated by ADSMedia SIA, a company registered in Latvia ("Company", "we", "us", or "our").

2. Description of Service

ADSMedia provides email delivery infrastructure services including:

• Dedicated email sending servers
• Email authentication (SPF, DKIM, DMARC)
• Delivery analytics and tracking
• Bounce and complaint processing
• API access for programmatic sending

3. Account Registration

To use our Service, you must:

• Provide accurate and complete registration information
• Maintain the security of your account credentials
• Notify us immediately of any unauthorized access
• Accept responsibility for all activities under your account

We reserve the right to refuse service, terminate accounts, or remove content at our sole discretion.

4. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with our Acceptable Use Policy. Specifically, you must NOT:

• Send unsolicited bulk email (spam)
• Send emails without proper recipient consent
• Use purchased, rented, or harvested email lists
• Send content that is illegal, harmful, or fraudulent
• Impersonate any person or entity
• Interfere with or disrupt the Service
• Attempt to gain unauthorized access to our systems

5. Sending Requirements

All email sent through our Service must:

• Be sent only to recipients who have given explicit consent (opt-in)
• Include a valid physical postal address
• Include a clear and functional unsubscribe mechanism
• Honor unsubscribe requests within 10 business days
• Accurately identify the sender in the "From" field
• Have a subject line that reflects the content

6. Compliance

You are responsible for ensuring your use of the Service complies with:

• General Data Protection Regulation (GDPR)
• CAN-SPAM Act
• CASL (Canadian Anti-Spam Legislation)
• All applicable local, national, and international laws

7. Service Level

We strive to maintain high availability but do not guarantee uninterrupted service. We are not liable for:

• Temporary service interruptions for maintenance
• Email delivery failures due to recipient server issues
• Deliverability issues caused by your sending practices
• Third-party service outages affecting our infrastructure

8. Payment Terms

For paid plans:

• Fees are billed monthly in advance
• All fees are non-refundable unless otherwise stated
• We may modify pricing with 30 days notice
• Late payments may result in service suspension

9. Intellectual Property

The Service, including its original content, features, and functionality, is owned by ADSMedia and protected by international copyright, trademark, and other intellectual property laws.

You retain ownership of content you send through the Service but grant us a limited license to process it for service delivery.

10. Limitation of Liability

To the maximum extent permitted by law, ADSMedia shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities.

Our total liability for any claims shall not exceed the amount paid by you to us in the twelve (12) months preceding the claim.

11. Indemnification

You agree to indemnify and hold harmless ADSMedia, its officers, directors, employees, and agents from any claims, damages, or expenses arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Content sent through your account

12. Termination

We may terminate or suspend your account immediately, without prior notice, for:

• Violation of these Terms or our Acceptable Use Policy
• High complaint rates or spam reports
• Fraudulent or illegal activity
• Non-payment of fees

Upon termination, your right to use the Service ceases immediately.

13. Governing Law

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

Any disputes shall be resolved in the courts of Riga, Latvia.

14. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of material changes via email or through the Service. Continued use of the Service after changes constitutes acceptance of the new Terms.

15. Contact Information

For questions about these Terms, please contact us at:

ADSMedia SIA
Riga, Latvia
Email: [email protected]