Terms of Service
Effective September 20, 2026 · Astra Innovations LLC, Sanford, Florida, USA
Version 2026-09-20. These Terms of Service (the “Terms”) form a binding agreement between Astra Innovations LLC, a Florida limited liability company with its principal place of business in Sanford, Florida, USA (“Astra”, “InBuzzed”, “we”, “us” or “our”) and the person or entity that creates a workspace or otherwise uses the Service (“Customer”, “you” or “your”). By creating an account, clicking to accept, or using any part of the Service, you agree to these Terms.
Section 25 contains a binding individual arbitration agreement and a class-action waiver. It affects how disputes between you and us are resolved. You may opt out of arbitration within 30 days as described in Section 25.6.
Contents
- 1. Definitions
- 2. Eligibility, accounts and team members
- 3. The Service and changes to it
- 4. Beta features
- 5. Acceptable use and anti-spam obligations
- 6. Customer Content and licence
- 7. Customer Data, roles and the DPA
- 8. Recipient data and your obligations to recipients
- 9. Hosted business mailboxes
- 10. Third-party services
- 11. Fees, billing, taxes and renewal
- 12. Free plans, trials and complimentary plans
- 13. Plan limits and fair use
- 14. API, SMTP relay and technical restrictions
- 15. Intellectual property and feedback
- 16. Confidentiality
- 17. Security
- 18. Availability, maintenance and service levels
- 19. Suspension, termination and data export
- 20. Disclaimer of warranties
- 21. Limitation of liability
- 22. Indemnification
- 23. Copyright complaints (DMCA)
- 24. Export control, sanctions, government users and force majeure
- 25. Dispute resolution and arbitration
- 26. Governing law and venue
- 27. Changes to these Terms
- 28. General provisions
1. Definitions
1.1 “Acceptable Use Policy” or “AUP” means the InBuzzed Acceptable Use and Anti-Spam Policy published at /acceptable-use, as updated from time to time.
1.2 “Affiliate” means an entity that controls, is controlled by, or is under common control with a party, where control means ownership of more than 50% of the voting interests.
1.3 “Customer Content” means the email content, templates, images, subject lines, landing pages, form definitions, automation logic, sender identities, domain configurations, files and other materials you or your Team Members create, upload, transmit or configure in the Service.
1.4 “Customer Data” means all data you or your Team Members submit to the Service, including Customer Content, contact records, list and segment membership, consent records, engagement data, mailbox contents and delivery metadata.
1.5 “DPA” means the InBuzzed Data Processing Addendum published at /dpa, which is incorporated into these Terms by reference.
1.6 “Documentation” means the product documentation, API reference and help material we publish for the Service.
1.7 “Order Form” means an ordering document or online checkout flow, executed or completed by you, that identifies the plan, term, quantity and fees.
1.8 “Plan”means the subscription tier you select — Free, Starter, Growth, Pro or Enterprise — together with the limits, entitlements and prices published for that tier or set out in your Order Form.
1.9 “Recipient” means any natural person or mailbox to whom a message is addressed through the Service.
1.10 “Service” means the InBuzzed email operations platform made available at inbuzzed.com and related subdomains, including the transactional email API and SMTP relay, marketing broadcasts, funnels and automations, contact lists and segmentation, forms, templates and the template editor, analytics and open/click tracking (including tracking domains such as track.inbuzzed.com or a tracking domain you own), webhooks, API keys, team management, hosted business mailboxes, the web application, and the Documentation.
1.11 “Team Member” means an individual you invite to, or authorise to access, your workspace.
1.12 “Workspace” means the tenancy in which your Customer Data, settings, sending domains, keys and Team Members reside.
2. Eligibility, accounts and team members
2.1 Age and capacity. You must be at least 18 years old and able to form a binding contract. The Service is not offered to children and is not intended for personal, family or household use.
2.2 Business use. The Service is provided for business and professional purposes only. You acknowledge that you are acquiring the Service for use in the course of a trade, business, craft or profession, and that consumer-protection rules addressed to consumers may therefore not apply.
2.3 Authority. If you accept these Terms on behalf of a company, organisation or other legal entity, you represent that you have authority to bind that entity, and “you” refers to that entity. If you lack that authority, you must not use the Service.
2.4 Accuracy. You must provide accurate, current and complete registration, billing and sender information, including a valid postal address and a working reply address, and keep it up to date. We may verify your identity, business details and domain ownership at any time, and may suspend sending until verification completes.
2.5 Credentials and API keys. You are responsible for safeguarding passwords, session tokens, SMTP credentials, webhook signing secrets and API keys. API keys authenticate as your Workspace; anyone holding a key can send mail and read data on your behalf. You must store keys securely, never embed them in client-side code or public repositories, rotate them when a Team Member leaves, and revoke them on suspicion of compromise. You are responsible for all activity conducted with your credentials, whether or not authorised by you, except activity resulting from our own breach of these Terms.
2.6 Team Members. You may invite Team Members subject to your Plan limits. You are responsible for their acts and omissions as if they were your own, for assigning appropriate roles and permissions, and for removing access promptly when it is no longer required. You must ensure every Team Member is aware of and complies with these Terms and the AUP.
2.7 Notification. Notify us without delay at support@inbuzzed.com if you learn of any unauthorised access to your Workspace, any compromise of credentials, or any unauthorised sending from your account.
3. The Service and changes to it
3.1 Grant. Subject to these Terms and payment of applicable fees, we grant you a non-exclusive, non-transferable, non-sublicensable right to access and use the Service during the subscription term for your internal business purposes and for sending messages you are lawfully entitled to send.
3.2 Evolution of the Service. The Service is delivered as software-as-a-service and changes continuously. We may add, modify, deprecate or remove features, endpoints, limits and integrations. We will not materially degrade the core sending, list management or analytics functionality of a paid Plan during a paid term without giving you notice and, where the degradation is material and you object in writing within 30 days, a pro-rated refund of prepaid fees for the unused remainder of the term as your sole remedy.
3.3 Deprecation of API surfaces. Where we deprecate a documented, generally available API endpoint or webhook event, we will use commercially reasonable efforts to provide at least 90 days notice by email or in the Documentation, except where a shorter period is required for security, legal or deliverability reasons.
3.4 No resale. Unless we agree otherwise in writing, you may not resell, rent, time-share or operate the Service as a service bureau for third parties, or permit any person other than you and your Team Members to use your Workspace.
4. Beta features
4.1 We may make features available that are labelled beta, preview, early access or experimental (“Beta Features”). Beta Features are provided for evaluation, may be incomplete or unstable, may change or be withdrawn at any time, and are excluded from any service-level commitment, support commitment and warranty.
4.2 Beta Features are provided strictly as-is. To the maximum extent permitted by law, our aggregate liability arising from Beta Features is limited to one hundred US dollars (USD 100). You should not use Beta Features for production sending or for data you cannot afford to lose.
5. Acceptable use and anti-spam obligations
5.1 Incorporation. The AUP at /acceptable-use is incorporated into and forms part of these Terms. A breach of the AUP is a material breach of these Terms.
5.2 Consent. You may send marketing, promotional or commercial messages only to Recipients who have given verifiable, express permission to receive that category of message from the sender identified in the message. You must be able to produce, on our request, the source, date, time, IP address or offline method, and wording of the consent for any Recipient. Consent may not be inferred from a business relationship alone where applicable law requires express consent.
5.3 No purchased or harvested lists. You must not upload or send to lists that were purchased, rented, leased, appended, scraped, harvested, traded or otherwise obtained from a third party, nor to addresses generated by algorithm or guesswork.
5.4 Unsubscribe. Every marketing message must contain a clear, functioning unsubscribe mechanism that requires no login, payment or additional information, and must honour opt-out requests promptly and in any event within ten (10) days. You must not attempt to evade, obscure, delay or condition unsubscription, and must not re-add an unsubscribed Recipient without fresh consent.
5.5 Sender identity. From, Sender, Reply-To and friendly-from fields must accurately identify you, must not be forged or misleading, and subject lines must not deceive as to the content of the message. Marketing messages must include a valid physical postal address for the sender.
5.6 Domain ownership. You may send only from domains and subdomains you own or are authorised in writing to use, and may configure only tracking domains under your control. You must complete the authentication records we require (including SPF, DKIM and, where applicable, DMARC alignment) for each sending domain.
5.7 Law.You are responsible for compliance with all laws applicable to your messaging, including the CAN-SPAM Act, Canada’s Anti-Spam Legislation (CASL), the EU and UK General Data Protection Regulations, the ePrivacy rules of each relevant EU or UK jurisdiction, the Telephone Consumer Protection Act (TCPA) and analogous rules where you send SMS or telephone communications through or as a result of the Service, and sector rules applicable to your industry.
5.8 Review holds. New Workspaces, Workspaces on the Free Plan, and Workspaces whose sending pattern changes materially may be placed on manual review before sending is enabled or before a broadcast is released. We may require evidence of consent, business identity or domain control as a condition of release.
5.9 Thresholds and throttling. We monitor hard-bounce, complaint, spam-trap, unsubscribe and authentication-failure rates across the platform. We may throttle, queue, rate-limit, pause, quarantine or refuse to transmit messages, and may require list hygiene, re-permission or a reduced sending volume, where your metrics exceed the thresholds published in the AUP or where your sending threatens the deliverability reputation of our infrastructure or other customers.
5.10 No guarantee of delivery. Acceptance of a message by the Service is not a guarantee that it will be delivered, placed in an inbox, or rendered. Mailbox providers apply filtering outside our control.
6. Customer Content and licence
6.1 Ownership. As between the parties, you own all right, title and interest in Customer Content and Customer Data. We claim no ownership in them.
6.2 Licence to us. You grant us and our subprocessors a worldwide, non-exclusive, royalty-free licence to host, copy, transmit, display, reformat, encode, cache, index, back up and otherwise process Customer Content and Customer Data solely to operate, secure, support and improve the Service for you, to comply with law, and to enforce these Terms and the AUP. The licence terminates when the relevant data is deleted, subject to backup cycles and legally required retention.
6.3 Your warranties. You represent and warrant that you have all rights, consents, licences and permissions necessary for Customer Content and Customer Data to be processed as contemplated by these Terms, that they do not infringe or misappropriate any third-party right, and that they do not violate the AUP or applicable law.
6.4 Content inspection. We do not routinely review Customer Content. We may, however, automatically or manually inspect content, headers, attachments, links and destination lists where necessary to detect phishing, malware, fraud, spam, abuse or violations of the AUP, to respond to a complaint or legal process, or to support you at your request.
6.5 Aggregated data. We may create and use aggregated, de-identified statistics derived from operation of the Service (for example, aggregate deliverability and performance benchmarks) provided that such data does not identify you, any Recipient, or any individual, and is not attributable to your Workspace.
7. Customer Data, roles and the DPA
7.1 Roles. Where Customer Data includes personal data protected by the GDPR, UK GDPR or similar laws, you act as the controller (or as a processor for your own customer) and we act as your processor (or subprocessor). Where applicable US state privacy laws use the terms business and service provider, you are the business and we are the service provider.
7.2 DPA. The DPA at /dpa governs our processing of personal data on your behalf and is incorporated by reference. By accepting these Terms you accept the DPA. In the event of conflict between the DPA and the body of these Terms in respect of the processing of personal data, the DPA prevails.
7.3 Our own processing. We act as a controller for personal data we process about you and your Team Members for account administration, billing, security, support and our own communications. That processing is described in our Privacy Policy.
7.4 Instructions. Your use of the Service, together with these Terms and the DPA, constitutes your documented instructions for our processing of personal data. You must not submit to the Service special categories of personal data, government identifiers, financial account numbers, health records, or data subject to sector-specific regimes such as HIPAA, PCI-DSS or GLBA, unless we have agreed in writing to receive them.
8. Recipient data and your obligations to recipients
8.1 You are responsible for the lawfulness, accuracy and provenance of every Recipient record, for providing Recipients with the privacy notice required by law, for identifying yourself and not us as the sender and controller, and for responding to Recipient requests to access, correct, delete or object to the processing of their data.
8.2 Where a Recipient contacts us directly about data you control, we will, where permitted, refer them to you and notify you. We may act on a Recipient request ourselves where required by law or where necessary to suppress abusive sending, including by adding an address to a platform-wide suppression list.
8.3 Suppression lists, complaint records and bounce records generated by the Service may be retained by us, including after termination, to the extent necessary to prevent unlawful or abusive sending.
9. Hosted business mailboxes
9.1 Nature of the service. Certain Plans include hosted business mailboxes (the “Workspace Inbox”) provided on third-party mail-hosting infrastructure that we procure. Mailboxes are for business use associated with your organisation and domain, and are subject to the mailbox count and storage caps published for your Plan.
9.2 Storage caps. When a mailbox or Workspace reaches its storage cap, incoming mail may be deferred or rejected and sending may be blocked until storage is reduced or a higher Plan is purchased. We are not liable for mail that a sending server declines to retry.
9.3 Dormant mailboxes on the Free Plan.A mailbox on the Free Plan that has had no successful authenticated login and no message activity for ninety (90) consecutive days may be treated as dormant. We will send at least fourteen (14) days advance notice to the Workspace owner’s account email before a dormant mailbox and its contents are removed. Removal is permanent.
9.4 Backups are your responsibility. The Workspace Inbox is not a backup or archiving service. You are solely responsible for maintaining your own copies of mailbox contents, whether by IMAP synchronisation, export or another method. We do not warrant that mail deleted by you, by a Team Member, or by operation of a storage cap or dormancy rule can be recovered.
9.5 Lawful content. Mailbox contents are subject to the AUP. You must not use a mailbox to store or transmit unlawful material, malware, or material that infringes third-party rights. We may suspend a mailbox that is compromised, is relaying spam, or is the subject of a credible abuse report.
9.6 Third-party host terms. Mailbox service depends on our upstream mail host. We may migrate mailboxes between providers, and may pass through operational requirements imposed by the host. Mailbox service may be discontinued on ninety (90) days notice, in which case you may export your mail and we will refund the pro-rated portion of prepaid fees attributable to the mailbox entitlement.
10. Third-party services
10.1 The Service relies on and interoperates with third parties, including Stripe for payment processing, mail-hosting and mail-transfer providers for delivery and mailboxes, cloud and network providers including Amazon Web Services and Cloudflare, and DNS registrars and providers you use for domain authentication.
10.2Your use of a third-party service through or alongside the Service is governed by that third party’s own terms and privacy policy. We are not responsible for third-party services, their availability, or their acts and omissions, and we make no warranty in respect of them. Misconfiguration of DNS records under your control is your responsibility.
10.3 If a third party changes, restricts or discontinues its service in a way that affects the Service, we may modify or discontinue the affected functionality, with notice where practicable.
11. Fees, billing, taxes and renewal
11.1 Fees. You agree to pay the fees for your Plan at the prices in effect when your subscription begins or renews, or as stated in your Order Form. Fees are stated in US dollars unless the checkout states otherwise.
11.2 Payment processor.Payments are processed by Stripe. You authorise us and Stripe to charge your designated payment method for all fees, taxes and applicable overage. We do not store full payment card numbers. Your relationship with Stripe is governed by Stripe’s terms.
11.3 Billing cycle and auto-renewal. Subscriptions are billed monthly or yearly in advance, according to your selection, and renew automatically for successive periods of the same length until cancelled. You may cancel at any time from your billing settings or by emailing support@inbuzzed.com; cancellation takes effect at the end of the current paid period and you retain access until then. Except where required by law, cancelling does not generate a refund of the current period.
11.4 Upgrades and downgrades.Upgrades take effect immediately and are charged on a pro-rated basis for the remainder of the period. Downgrades take effect at the next renewal; entitlements, limits and stored data above the lower Plan’s caps may be reduced or removed at that time.
11.5 Overage. Where your Plan enables overage, sending or storing beyond the included allowance incurs the per-unit overage rate published for that Plan, billed in arrears at the end of the cycle or when an overage threshold is reached. Where overage is not enabled, the Service may block further sending until the next cycle or until you upgrade.
11.6 Taxes. Fees are exclusive of sales, use, VAT, GST and similar taxes, which you are responsible for, other than taxes on our net income. If you are exempt, provide valid documentation before billing. If you are required to withhold tax, you must gross up so that we receive the full stated amount.
11.7 Price changes. We may change prices, allowances or overage rates for future periods by giving at least thirty (30) days notice to your account email or in the application. Changes take effect at your next renewal. If you do not accept a price change, your remedy is to cancel before that renewal.
11.8 Failed payment. If a charge fails, we may retry it, restrict sending or feature access, and suspend the Workspace. Amounts unpaid for thirty (30) days after the due date accrue interest at the lesser of 1.5% per month or the maximum rate permitted by law, and you are liable for reasonable costs of collection.
11.9 Refunds. Except where expressly stated in these Terms or required by applicable law, all fees are non-refundable and there are no refunds or credits for partial periods, unused allowances, downgrades, or periods during which you did not use the Service.
11.10 Chargebacks. If you initiate a chargeback or payment dispute for a charge properly made under these Terms, we may suspend or terminate the Workspace immediately and recover the disputed amount plus processor fees. Contact support@inbuzzed.com before disputing a charge; we will review billing errors in good faith.
12. Free plans, trials and complimentary plans
12.1 Free Plan. The Free Plan is offered as-is and may be subject to manual review before sending is enabled, to lower rate limits, to reduced retention, to feature restrictions, and to dormancy rules. We may change or discontinue the Free Plan at any time.
12.2 Trials. Where we offer a trial of a paid Plan, the trial runs for the stated period and converts to a paid subscription at the end of that period unless cancelled beforehand. Trial entitlements are not portable and trial data may be deleted if you do not convert within thirty (30) days of the trial ending.
12.3 Complimentary plans. We may grant a Plan, allowance, credit or feature at no charge, for example for partners, early users, non-profits or goodwill. A complimentary grant is a revocable licence, not a contractual entitlement, may be modified, reduced or withdrawn at any time with reasonable notice, and carries no service-level commitment and no refund right.
12.4 One free benefit per person or entity. Creating multiple Workspaces to multiply free allowances, evade limits, evade a suspension, or fragment sending reputation is a breach of these Terms.
13. Plan limits and fair use
13.1 Each Plan carries limits, which may include monthly and daily send volume, contact count, mailbox count and storage, API and SMTP request rates, concurrent connections, automation executions, webhook throughput, file storage, Team Member seats, sending domains and data retention windows. Current limits are published in the application or the Documentation.
13.2 Limits are enforced technically and may also be enforced manually. We may apply additional, temporary limits to protect platform stability, deliverability and other customers, including during onboarding, after a reputation event, or in response to an unusual spike in volume.
13.3 Unlimited or uncapped entitlements, where offered, are subject to fair use: usage materially disproportionate to comparable customers on the same Plan, or that imposes a disproportionate load, may be throttled or may require a move to a higher Plan or a custom Order Form.
14. API, SMTP relay and technical restrictions
14.1 Keys. API keys are issued per Workspace and may be scoped. You must keep keys confidential, use HTTPS, validate webhook signatures, and rotate keys periodically. We may revoke a key that we reasonably believe is compromised or abused.
14.2 Rate limits. The API and SMTP relay are subject to published rate limits. You must honour HTTP 429 and SMTP deferral responses with exponential backoff, must not run parallel retries that defeat rate limiting, and must not maintain more concurrent connections than permitted.
14.3 Prohibited technical conduct. You must not: (a) reverse engineer, decompile or disassemble the Service, except to the extent that restriction is prohibited by applicable law; (b) access the Service to build a competing product or to benchmark it for publication without our prior written consent; (c) circumvent authentication, authorisation, rate limits, review holds, quotas or suppression lists; (d) probe, scan or test the vulnerability of the Service except under a written authorisation from us; (e) introduce malware or automated agents that impose an unreasonable load; (f) scrape the Service or use it to store or serve material unrelated to email operations; or (g) remove or obscure proprietary notices.
14.4 Security research. We welcome good-faith vulnerability reports to support@inbuzzed.com. Testing must not degrade the Service, must not access data other than your own, and must not be disclosed publicly before we have had a reasonable opportunity to remediate.
15. Intellectual property and feedback
15.1 Our property. The Service, including its software, interfaces, designs, deliverability infrastructure, templates we supply, Documentation and all related intellectual property, is and remains the exclusive property of Astra Innovations LLC and its licensors. No rights are granted except those expressly stated in these Terms.
15.2 Trademarks. InBuzzed, the InBuzzed logo and Astra Innovations are our marks. You may not use them except to accurately identify the Service, and not in a way that suggests endorsement or affiliation. We may identify you as a customer by name and logo unless you tell us in writing not to.
15.3 Feedback. If you send us suggestions, feature requests, evaluations or other feedback, you grant us a perpetual, irrevocable, worldwide, royalty-free, sublicensable licence to use and exploit that feedback for any purpose without obligation or attribution.
16. Confidentiality
16.1 “Confidential Information” means non-public information disclosed by one party to the other that is identified as confidential or would reasonably be understood as confidential, including Customer Data, pricing not publicly listed, security documentation, and unreleased product plans.
16.2 The receiving party will use Confidential Information only to perform under these Terms, will protect it with at least reasonable care, and will limit access to personnel and advisers bound by confidentiality obligations no less protective than these.
16.3 The obligations do not apply to information that is or becomes public without breach, was lawfully known without restriction, is received from a third party without restriction, or is independently developed. A party may disclose Confidential Information where compelled by law, giving prompt notice where legally permitted and cooperating with reasonable efforts to limit disclosure.
17. Security
17.1 Our commitments. We maintain administrative, technical and physical safeguards designed to protect Customer Data against unauthorised access, loss, alteration and disclosure, appropriate to the risk. These include encryption of data in transit over public networks, encryption at rest for stored data and backups, hashed password storage, role-based access control and least-privilege administrative access, network segmentation, logging and monitoring, vulnerability management and patching, vendor review, and personnel confidentiality obligations. Further detail appears in the DPA.
17.2 Your responsibilities. You are responsible for the security of your own systems and practices, including strong unique passwords, enabling available multi-factor authentication, managing Team Member access and offboarding, protecting API keys and SMTP credentials, securing webhook endpoints, and keeping DNS and registrar accounts secure.
17.3 Incidents. We will notify you without undue delay of a confirmed personal data breach affecting Customer Data as required by the DPA, and will provide information reasonably available to us to assist you with your own notification obligations.
18. Availability, maintenance and service levels
18.1 We aim to provide a reliable, continuously available Service, but we do not guarantee uninterrupted or error-free operation.
18.2 We may perform scheduled maintenance, and will use reasonable efforts to schedule it outside peak windows and to announce significant maintenance in advance. Emergency maintenance may be performed at any time without notice.
18.3 No service-level agreement applies unless an Enterprise Order Form signed by both parties expressly incorporates one. Where an SLA applies, the service credits described in it are your sole and exclusive remedy for failure to meet the committed availability.
18.4 Support is provided by email at support@inbuzzed.com during our normal business hours, with response targets that vary by Plan. Support does not include development of custom code, list remediation, or third-party system configuration.
19. Suspension, termination and data export
19.1 Suspension for cause or risk. We may suspend the Service, a sending domain, a mailbox, an API key or an individual campaign, in whole or in part and with or without prior notice, where we reasonably believe: (a) you are in breach of these Terms or the AUP; (b) your sending threatens platform deliverability, stability or security; (c) your account is compromised or is being used fraudulently; (d) suspension is required by law, by a regulator, or by an upstream provider; or (e) fees are overdue. We will give notice and an opportunity to cure where practicable and where doing so does not increase risk.
19.2 Termination by you. You may terminate at any time by cancelling your subscription and closing your Workspace. Termination does not relieve you of accrued payment obligations.
19.3 Termination by us. We may terminate these Terms and your Workspace: (a) for material breach not cured within ten (10) days of notice, or immediately for a breach of the AUP or Section 14; (b) for non-payment more than thirty (30) days overdue; (c) if your Workspace has been inactive for twelve (12) consecutive months on a Free or complimentary Plan, with at least fourteen (14) days notice; (d) immediately if required by law or by an upstream provider; or (e) on thirty (30) days notice for convenience, in which case we will refund prepaid fees for the unused remainder of the then-current term.
19.4 Effect of termination. On termination, your right to access the Service ends, sending stops, API keys are revoked, and scheduled campaigns and automations are cancelled. Fees already incurred remain payable.
19.5 Data export window. Except where termination results from your breach of the AUP or from unlawful activity, we will make your Customer Data available for export for thirty (30) days after termination, after which we will delete it from active systems and, in the ordinary course, from backups within the backup cycle described in our Privacy Policy. We may retain suppression records, delivery logs, billing records, consent records and other data where required by law, for defence of legal claims, or to prevent abuse.
19.6 You are responsible for exporting Customer Data before termination takes effect. We strongly recommend maintaining independent copies of contact lists, templates and mailbox contents at all times.
20. Disclaimer of warranties
20.1 Except as expressly stated in these Terms, the Service, the Documentation and all related materials are provided “AS IS” and “AS AVAILABLE”, with all faults and without warranty of any kind.
20.2 To the maximum extent permitted by law, we disclaim all implied warranties, including merchantability, fitness for a particular purpose, title, non-infringement, quiet enjoyment, accuracy, and any warranty arising from course of dealing, usage or trade practice.
20.3 Without limiting the foregoing, we do not warrant that: messages will be delivered, accepted, or placed in an inbox rather than a spam or promotions folder; that open, click or engagement data will be complete or accurate, given image blocking, prefetching, privacy proxies and bot activity; that the Service will be uninterrupted, timely, secure or error-free; that defects will be corrected; or that the Service will meet your requirements or achieve any particular commercial result.
20.4 Some jurisdictions do not allow the exclusion of certain warranties; in those jurisdictions the exclusions apply to the maximum extent permitted.
21. Limitation of liability
21.1 Exclusion of indirect damages. To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost revenue, lost sales, lost goodwill, loss of business opportunity, loss of reputation or deliverability, or cost of substitute services, whether in contract, tort, strict liability or otherwise, even if advised of the possibility.
21.2 Cap.To the maximum extent permitted by law, each party’s total aggregate liability arising out of or relating to these Terms and the Service will not exceed the total fees you actually paid to us for the Service in the twelve (12) months immediately preceding the first event giving rise to the claim. If you have paid nothing, our aggregate liability will not exceed one hundred US dollars (USD 100).
21.3 Data loss. We are not liable for loss of or corruption of Customer Data to the extent you could have avoided it by maintaining your own backups as required by Sections 9.4 and 19.6.
21.4 Exceptions.Sections 21.1 and 21.2 do not apply to: (a) your payment obligations; (b) your indemnification obligations under Section 22.1; (c) your breach of Section 14.3; (d) either party’s fraud, fraudulent misrepresentation, wilful misconduct, or gross negligence; or (e) any liability that cannot be excluded or limited under applicable law, including liability for death or personal injury caused by negligence.
21.5 Allocation of risk. The limitations in this Section are a fundamental basis of the bargain between the parties and apply even if a limited remedy fails of its essential purpose.
21.6 Time bar. Except for claims for non-payment, no claim arising out of these Terms may be brought more than one (1) year after the claim accrued, to the extent permitted by applicable law.
22. Indemnification
22.1 By you. You will defend, indemnify and hold harmless Astra Innovations LLC, its Affiliates, and their officers, members, employees and agents from and against any third-party claim, demand, investigation or proceeding, and all resulting damages, fines, penalties, settlements and reasonable legal fees, arising out of or relating to: (a) Customer Content or Customer Data; (b) your sending practices, including alleged violations of CAN-SPAM, CASL, GDPR, UK GDPR, ePrivacy rules, the TCPA or other messaging, marketing or privacy laws; (c) your breach of these Terms, the AUP or the DPA; (d) your failure to obtain or document consent; (e) claims by a Recipient, a Team Member or your own customer; (f) regulatory fines or penalties assessed against us because of your use of the Service; and (g) your use of third-party services or domains.
22.2 By us. We will defend you against a third-party claim alleging that the Service, as provided by us and used in accordance with these Terms, infringes a United States patent, copyright or trademark, or misappropriates a trade secret, and will pay damages finally awarded or amounts we approve in settlement.
22.3 Remedies and exclusions. If the Service is, or we believe it may become, the subject of such a claim, we may at our option procure the right for you to continue using it, modify or replace it so that it is non-infringing while substantially equivalent, or terminate the affected subscription and refund prepaid fees for the unused remainder of the term. We have no obligation for claims arising from: Customer Content or Customer Data; combination of the Service with items not supplied by us where the claim would be avoided without the combination; modification of the Service by anyone other than us; use after we have provided a non-infringing alternative; use in breach of these Terms; or Beta Features or free-of-charge use. Section 22.2 and 22.3 state our entire liability and your exclusive remedy for intellectual property infringement.
22.4 Procedure.The indemnified party must promptly notify the indemnifying party of the claim, give the indemnifying party sole control of the defence and settlement (provided that no settlement imposing liability or admission on the indemnified party may be made without consent), and provide reasonable cooperation at the indemnifying party’s expense.
23. Copyright complaints (DMCA)
23.1 We respond to notices of alleged copyright infringement under the Digital Millennium Copyright Act. Send notices to support@inbuzzed.com with the subject line DMCA Notice.
23.2 A valid notice must include: a physical or electronic signature of the owner or an authorised agent; identification of the copyrighted work claimed to be infringed; identification of the material claimed to be infringing and information sufficient to locate it; your contact information; a statement that you have a good-faith belief the use is not authorised by the owner, its agent or the law; and a statement, under penalty of perjury, that the information is accurate and that you are authorised to act.
23.3 We may remove or disable access to material alleged to be infringing and will notify the affected customer, who may submit a counter-notice containing the elements required by the DMCA. We terminate the accounts of repeat infringers in appropriate circumstances.
24. Export control, sanctions, government users and force majeure
24.1 Export and sanctions. You represent that you are not located in, organised under the laws of, or ordinarily resident in a country or territory subject to comprehensive US sanctions, that you are not identified on any US government restricted-party list, and that you are not owned or controlled by any such person. You will not use or permit use of the Service in violation of US export control or sanctions laws, and will not send messages to persons where doing so would violate those laws.
24.2 US government users. The Service is commercial computer software and commercial computer software documentation as those terms are used in FAR 12.212 and DFARS 227.7202. Government users acquire only the rights set out in these Terms.
24.3 Force majeure. Neither party is liable for delay or failure to perform (other than payment obligations) caused by events beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labour disputes, epidemic, governmental action, power or telecommunications failure, internet or backbone failure, denial-of-service attacks, and failures of upstream mail, cloud or DNS providers.
25. Dispute resolution and arbitration
25.1 Informal resolution first.Before starting an arbitration or lawsuit, the party raising the dispute must send a written notice of dispute describing the claim and the relief sought — to us at support@inbuzzed.com, and to you at your account email. The parties will attempt in good faith to resolve the dispute for thirty (30) days from receipt of that notice. This step is a condition precedent to commencing arbitration, and the limitations period is tolled during it.
25.2 Binding arbitration. If the dispute is not resolved within that thirty (30) day period, any dispute, claim or controversy arising out of or relating to these Terms, the Service, or the relationship between the parties, whether in contract, tort, statute or otherwise, will be resolved by final and binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, as modified by this Section. The arbitration will be conducted by a single arbitrator. The seat will be Seminole County, Florida, and the proceedings may be conducted by documents, telephone or videoconference where the arbitrator permits. The Federal Arbitration Act governs the interpretation and enforcement of this Section.
25.3 Individual basis and class waiver. All claims must be brought on an individual basis only. Neither party may bring or participate in a class, collective, consolidated, coordinated, representative or private attorney general action, and the arbitrator may not consolidate claims of more than one person or preside over any form of representative proceeding. If this class-action waiver is held unenforceable as to a particular claim or request for relief, that claim or request will be severed from the arbitration and litigated in the courts identified in Section 26, while all other claims proceed in arbitration.
25.4 Small claims. Either party may bring an individual action in a small-claims court of competent jurisdiction instead of arbitration, so long as the action remains in that court and on an individual basis.
25.5 Injunctive and IP relief. Either party may seek temporary or preliminary injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement or misappropriation of intellectual property, unauthorised access to systems, or breach of confidentiality, and such an application is not a waiver of this arbitration agreement.
25.6 Thirty-day opt-out. You may opt out of this arbitration agreement and the class-action waiver by sending an email to support@inbuzzed.com with the subject line Arbitration Opt-Out within thirty (30) days of first accepting these Terms, stating your name, the account email, and a clear statement that you opt out of arbitration. Opting out does not affect any other part of these Terms and will not affect your Plan, pricing or service. If you opt out, disputes will be resolved in the courts identified in Section 26.
25.7 Fees and awards.Payment of filing, administration and arbitrator fees is governed by the AAA rules. The arbitrator may award any relief available in a court of law on an individual basis, and the award may be entered as a judgment in any court of competent jurisdiction. The arbitrator’s authority is limited to the parties to the arbitration.
25.8 Survival and severability. This Section survives termination of these Terms. If any part of it other than the class-action waiver is found unenforceable, that part is severed and the remainder continues in force.
26. Governing law and venue
26.1 These Terms and any dispute arising out of them are governed by the laws of the State of Florida, USA, excluding its conflict-of-laws rules and excluding the United Nations Convention on Contracts for the International Sale of Goods.
26.2 Subject to Section 25, the parties submit to the exclusive jurisdiction of the state and federal courts located in Seminole County, Florida, and waive any objection to venue or forum non conveniens in those courts.
27. Changes to these Terms
27.1 We may modify these Terms. For material changes we will give at least fourteen (14) days notice before they take effect, by email to your account email address or by a prominent notice in the application. Non-material changes, such as clarifications, corrections or changes required by law, may take effect on posting.
27.2 Continued use of the Service after the effective date of a change constitutes acceptance of the updated Terms. If you do not accept a change, you must stop using the Service and may cancel; where a material change materially and adversely affects you and you cancel within thirty (30) days of its effective date, we will refund prepaid fees for the unused remainder of the then-current term.
27.3 Each version of these Terms is identified by a version label (this version: 2026-09-20) and an effective date. Changes to the AUP, the DPA and the Privacy Policy are made in the same way and on the same notice basis.
28. General provisions
28.1 Assignment. You may not assign or transfer these Terms or any rights under them, by operation of law or otherwise, without our prior written consent; any attempt to do so is void. We may assign these Terms to an Affiliate or in connection with a merger, acquisition, reorganisation or sale of all or substantially all of our assets. These Terms bind and benefit the parties and their permitted successors.
28.2 Notices. We may give notice to you by email to the address associated with your account, by in-application message, or by posting in the Documentation; notice is deemed given when sent or posted. You must give notice to us by email to support@inbuzzed.com, with a copy by post to Astra Innovations LLC, Sanford, Florida, USA, where the notice concerns termination, indemnification or a legal dispute. You are responsible for keeping your account email address current and monitored.
28.3 Entire agreement. These Terms, together with the AUP, the DPA, the Privacy Policy and any Order Form, constitute the entire agreement between the parties regarding the Service and supersede all prior proposals, representations and understandings. Any purchase order or vendor terms you issue are of no effect, and any pre-printed or click-through terms in them are rejected.
28.4 Order of precedence. In case of conflict, the order of precedence is: (a) a signed Enterprise Order Form; (b) the DPA in respect of personal data; (c) these Terms; (d) the AUP; (e) the Documentation.
28.5 Severability. If any provision is held invalid or unenforceable, it will be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible, and the remaining provisions continue in full force.
28.6 Waiver. A failure or delay in exercising a right is not a waiver of it, and a waiver on one occasion is not a waiver on any other. Waivers must be in writing to be effective.
28.7 Survival. Sections 1, 5.10, 6.2, 6.5, 8.3, 11 (as to accrued amounts), 15, 16, 19.4 to 19.6, 20, 21, 22, 24, 25, 26 and 28 survive termination or expiry.
28.8 No third-party beneficiaries. These Terms are for the benefit of the parties only. No Recipient, Team Member or other third party has any right to enforce them, except that our Affiliates, officers, members, employees and agents may enforce Sections 21 and 22.
28.9 Relationship of the parties. The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, franchise or employment relationship, and neither party may bind the other.
28.10 Electronic contracting and consent record. You consent to transact electronically and agree that your electronic acceptance, including clicking to accept or continuing to use the Service, has the same legal effect as a handwritten signature. We record and retain evidence of acceptance, including the version of the Terms accepted, the date and time of acceptance, the account and user identifier, and the IP address from which acceptance was given, and this record is admissible as evidence of the agreement.
28.11 Interpretation. Headings are for convenience only. The words include and including are without limitation. References to a statute include its successors and implementing rules. If these Terms are translated, the English version prevails.
28.12 Contact. Astra Innovations LLC, Sanford, Florida, USA — support@inbuzzed.com.
Questions: support@inbuzzed.com · Terms · Privacy · Acceptable Use · DPA · Cookie Policy