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ActiveConversion

Terms of Service

Effective Date: September 8, 2025

1. Agreement to Terms

By accessing or using ActiveConversion ("Service"), operated by ActiveConversion LLC ("Company", "we", "us", or "our"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you do not have permission to access the Service.

2. Description of Service

ActiveConversion provides transactional email delivery services for businesses and developers. Our Service includes APIs, SDKs, and web interfaces for sending, tracking, and managing transactional emails such as order confirmations, password resets, and user notifications.

3. Account Registration

To use our Service, you must:

  • Submit an application for review and approval
  • Provide accurate, current, and complete information
  • Maintain the security of your account credentials
  • Promptly notify us of any unauthorized use
  • Be at least 18 years old or have legal capacity to enter contracts

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

4. Acceptable Use Policy

You agree NOT to use the Service to:

  • Send spam, phishing emails, or unsolicited bulk messages
  • Violate any applicable laws or regulations including CAN-SPAM, GDPR, and CCPA
  • Transmit malware, viruses, or harmful code
  • Impersonate any person or entity
  • Send content that is defamatory, obscene, or offensive
  • Interfere with or disrupt the Service or servers
  • Exceed API rate limits or attempt to bypass restrictions
  • Use the Service for any illegal or unauthorized purpose

5. Email Compliance Requirements

You must ensure all emails sent through our Service:

  • Include accurate sender information and subject lines
  • Contain a valid physical mailing address
  • Provide clear unsubscribe mechanisms for marketing emails
  • Honor opt-out requests promptly (within 10 business days)
  • Comply with all applicable email and privacy laws

6. Payment Terms

Paid plans are billed monthly or annually in advance. All fees are non-refundable except as required by law. We reserve the right to change prices with 30 days notice. Overages beyond plan limits are charged at $1.50 per 1,000 emails.

7. Service Level Agreement

We maintain a 99.9% uptime SLA for paid plans. Service credits may be available for extended downtime as detailed in our separate SLA document. The SLA does not apply to issues caused by factors outside our control.

8. Data Protection and Privacy

We process data in accordance with our Privacy Policy. You retain all rights to your data. We implement industry-standard security measures to protect your information. You are responsible for maintaining appropriate security measures for your account.

9. Intellectual Property

The Service and its original content, features, and functionality are owned by ActiveConversion LLC and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SUPERNOTIFICATIONS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

11. Indemnification

You agree to indemnify and hold harmless ActiveConversion LLC, its officers, directors, employees, and agents from any claims, damages, or expenses arising from your use of the Service or violation of these Terms.

12. Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason, including breach of these Terms. Upon termination, your right to use the Service will cease immediately.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Wyoming, United States, without regard to its conflict of law provisions. Any disputes shall be resolved in the courts of Sheridan County, Wyoming.

14. Changes to Terms

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

15. Contact Information

ActiveConversion LLC
30 N Gould St, Suite 100
Sheridan, WY 82801
United States

Email: legal@activeconversion.net
Phone: +1 (650) 209-0879