Terms of Use

These Terms of Use ("Terms", "Agreement") constitute a legally binding agreement between you ("User", "you", or "your") and Nurturing Mail ("Company", "we", "us", or "our") concerning your access to and use of the Nurturing Mail platform, website, and services.

1.1 Eligibility

You must meet the following requirements to use our services:

• Be at least 18 years of age or the age of majority in your jurisdiction
• Have the legal capacity to enter into binding contracts
• Not be prohibited from using our services under applicable laws
• Provide accurate and complete registration information
• Comply with all applicable local, state, national, and international laws

1.2 Business Use Only

Nurturing Mail is designed for commercial and business use by directory owners, marketers, and businesses. Our services are not intended for personal, family, or household purposes. By using our platform, you represent that you are using it for business purposes.

1.3 Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes via email or through prominent notices on our platform. Your continued use of the services after such modifications constitutes acceptance of the updated Terms.

2.1 Platform Overview

Nurturing Mail provides an email automation platform that includes:

• ProductHunt Data Scraping: Automated collection of publicly available product information from ProductHunt
• AI-Powered Email Generation: Automated creation of personalized email content using artificial intelligence
• Campaign Management: Tools to create, schedule, and manage email outreach campaigns
• Analytics and Tracking: Email open rates, click-through rates, and engagement metrics
• Lead Management: Organization and management of contact lists and leads
• Email Delivery: Sending of emails through our infrastructure or your custom SMTP server
• A/B Testing: Tools to test and optimize email performance

2.2 Service Availability

We strive to maintain high service availability but do not guarantee uninterrupted access. Our services may be subject to:

• Scheduled maintenance windows (with advance notice when possible)
• Emergency maintenance and security updates
• Service disruptions due to factors beyond our control (internet outages, third-party failures)
• Temporary suspensions for system upgrades and improvements

2.3 Service Modifications

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time, with or without notice. We are not liable for any modification, suspension, or discontinuation of services.

2.4 Beta Features

We may offer beta, pilot, or experimental features ("Beta Features"). Beta Features are provided "as-is" without warranties and may be modified or discontinued at any time. Your use of Beta Features is at your own risk.

3.1 Account Creation

To use our services, you must create an account by providing:

• Valid email address
• Secure password meeting our requirements
• Business information (company name, website)
• Billing information for paid plans

3.2 Account Accuracy

You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Not impersonate any person or entity or misrepresent your affiliation
• Not create multiple accounts to circumvent restrictions or abuse our services

3.3 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Immediately notifying us of any unauthorized access or security breaches
• Using strong passwords and enabling two-factor authentication when available
• Not sharing your account credentials with third parties

We are not liable for any loss or damage arising from your failure to comply with security requirements.

3.4 Account Termination by User

You may terminate your account at any time through your account settings. Upon termination:

• Your access to the services will be immediately disabled
• Your data will be deleted according to our Privacy Policy
• You remain responsible for all charges incurred prior to termination
• No refunds will be provided for unused subscription time unless required by law

You agree to use our services only for lawful purposes and in compliance with these Terms. You must not use our services:

4.1 Prohibited Activities

4.2 Email Best Practices

When using our email services, you must:

• Only send emails to recipients who have explicitly opted in or have an existing business relationship
• Include accurate sender information and a valid physical mailing address
• Provide clear and functional unsubscribe mechanisms in every email
• Honor opt-out requests within 10 business days
• Not use misleading subject lines or false header information
• Clearly identify commercial emails as advertisements when required

4.3 Enforcement

Violation of this Acceptable Use Policy may result in:

• Warning notices and required corrective action
• Temporary or permanent suspension of campaigns
• Account suspension or termination without refund
• Reporting to law enforcement authorities
• Legal action to recover damages and costs

5.1 Our Intellectual Property

All content, features, and functionality of Nurturing Mail, including but not limited to:

• Software, code, algorithms, and AI models
• Text, graphics, logos, icons, and images
• User interface, design, and layout
• Trademarks, service marks, and brand names
• Proprietary information and trade secrets

are owned by Nurturing Mail or our licensors and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.

5.2 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to:

• Access and use our services for your internal business purposes
• Use our software applications in accordance with their intended functionality
• Create and send email campaigns using our tools

This license does not include the right to: (a) resell or commercialize our services, (b) modify or create derivative works, (c) reverse engineer our software, or (d) extract or reuse any portion of our platform.

5.3 User Content

You retain ownership of all content you create or upload to our platform ("User Content"), including:

• Email templates and copy
• Contact lists and lead data
• Campaign configurations and settings
• Custom integrations and workflows

5.4 License to User Content

By uploading User Content to our platform, you grant us a worldwide, non-exclusive, royalty-free license to:

• Store, process, and transmit your User Content to provide the services
• Use your User Content to train and improve our AI models (anonymized and aggregated)
• Create derivative works as necessary to provide the services
• Display your User Content to you and your authorized team members

This license terminates when you delete your User Content or close your account, except for content that has been shared with others or is required for legal compliance.

5.5 User Content Representations

You represent and warrant that:

• You own or have the necessary rights to all User Content
• Your User Content does not infringe any third-party rights
• You have obtained all necessary consents and permissions
• Your User Content complies with all applicable laws and these Terms

5.6 Feedback

If you provide feedback, suggestions, or ideas about our services ("Feedback"), you grant us the right to use such Feedback without restriction or compensation. We may incorporate Feedback into our products and services.

5.7 DMCA and Copyright Infringement

We respect intellectual property rights. If you believe content on our platform infringes your copyright, please contact us at praneetbrar7@gmail.com with:

• Identification of the copyrighted work
• Location of the infringing material
• Your contact information
• A statement of good faith belief
• Your physical or electronic signature

6.1 Subscription Plans

We offer the following subscription tiers:

• Free Plan: Limited features with 1 email per day
• Pro Plan: Full features with 16 emails per day at $29/month
• Custom Enterprise: Custom pricing and features (contact sales)

6.2 Billing and Payments

• Billing Cycle: Subscriptions are billed monthly in advance unless otherwise specified
• Payment Methods: We accept major credit cards and other payment methods via our payment processor
• Auto-Renewal: Subscriptions automatically renew unless cancelled before the renewal date
• Price Changes: We may change prices with 30 days' notice; changes apply at next renewal
• Currency: All prices are in U.S. Dollars (USD) unless otherwise stated

6.3 Failed Payments

If a payment fails:

• We will attempt to charge your payment method multiple times
• You will receive email notifications about failed payments
• Your account may be suspended or downgraded after repeated failures
• You are responsible for updating payment information
• We may charge late fees or interest as permitted by law

6.4 Refund Policy

No Refunds: Except as required by law, all payments are non-refundable. We do not provide refunds or credits for:

• Partial month subscriptions
• Unused emails or features
• Account termination or suspension for Terms violations
• Service dissatisfaction (we encourage Free plan testing)

Exception: If we discontinue a paid feature without replacement, we may provide pro-rata refunds at our discretion.

6.5 Taxes

Prices do not include applicable taxes. You are responsible for all sales, use, GST, VAT, and other taxes except those based on our net income. We will charge applicable taxes when required by law.

6.6 Downgrades and Cancellations

• Cancellation: You may cancel anytime; access continues until the end of the billing period
• Downgrade: Downgrading may result in loss of features, data, or content
• No Pro-Rata Refunds: Cancellations and downgrades do not entitle you to refunds

6.7 Free Trial

We may offer free trials for paid plans. Free trial terms:

• Valid payment method required to start trial
• Automatic conversion to paid subscription unless cancelled
• One trial per customer unless otherwise specified
• We reserve the right to modify or cancel trials at any time

6.8 Overage Charges

If you exceed your plan limits (email sends, contacts, etc.), we may:

• Queue additional emails for the next day
• Suggest plan upgrades to accommodate your needs
• Charge overage fees for certain features (with advance notice)
• Temporarily restrict access until you upgrade or limits reset

Your privacy is important to us. Our collection, use, and disclosure of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

7.1 Data Processing Agreement

When you use our services to process personal data, we act as a data processor on your behalf. You are the data controller and are responsible for:

• Obtaining necessary consents from data subjects
• Complying with applicable data protection laws (GDPR, CCPA, etc.)
• Providing appropriate privacy notices to recipients
• Handling data subject rights requests
• Ensuring lawful basis for processing

7.2 Data Security

We implement reasonable security measures to protect your data, but you acknowledge that no system is completely secure. You are responsible for:

• Protecting your account credentials
• Encrypting sensitive data before upload
• Maintaining appropriate security measures for your own systems
• Regularly backing up critical data

7.3 Data Retention and Deletion

We retain your data as described in our Privacy Policy. You may request data deletion by closing your account or contacting support. Some data may be retained for legal compliance, fraud prevention, or legitimate business purposes.

8.1 "As-Is" Service

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

To the fullest extent permitted by law, we disclaim all warranties, including:

• Merchantability: We do not warrant that our services are suitable for your particular purposes
• Fitness for Purpose: We do not guarantee our services will meet your specific requirements
• Non-Infringement: We do not warrant that our services do not infringe third-party rights
• Accuracy: We do not guarantee the accuracy, completeness, or reliability of any content or data
• Availability: We do not warrant uninterrupted, timely, secure, or error-free service
• Results: We do not guarantee any specific results from using our services

8.2 No Guarantee of Results

We do not guarantee that using Nurturing Mail will:

• Increase your email open rates, click-through rates, or conversions
• Generate leads, sales, or revenue for your business
• Result in successful email delivery or inbox placement
• Improve your sender reputation or avoid spam filters
• Produce accurate AI-generated content suitable for your needs

Email marketing success depends on many factors outside our control, including your content, audience, sender reputation, and email service provider policies.

8.3 Third-Party Services

Our services may integrate with or depend on third-party services (ProductHunt, email providers, payment processors). We are not responsible for:

• Third-party service availability, accuracy, or reliability
• Changes to third-party APIs, policies, or terms
• Third-party service interruptions or discontinuations
• Accuracy of scraped data from external sources

8.4 AI-Generated Content

Our AI-powered email generation feature:

• May produce inaccurate, inappropriate, or biased content
• Requires human review before sending
• Should not be relied upon without verification
• May not comply with industry-specific regulations without customization

You are solely responsible for reviewing, editing, and approving all AI-generated content before sending.

8.5 Legal and Compliance

We do not provide legal advice. You are responsible for:

• Ensuring your use of our services complies with applicable laws
• Obtaining necessary permissions and consents for email campaigns
• Complying with CAN-SPAM, GDPR, CCPA, and other regulations
• Understanding and adhering to ProductHunt's terms and policies
• Consulting with legal counsel when necessary

9.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE 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, goodwill, or reputation
• Cost of substitute services or procurement
• Business interruption or downtime
• Lost sales or customers resulting from service issues
• Damage to sender reputation or email deliverability
• Penalties or fines from regulatory authorities
• Claims by third parties related to your use of our services

9.2 Liability Cap

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE GREATER OF:

• (A) The amount you paid us in the 12 months preceding the claim, or
• (B) $100 USD

9.3 Basis of the Bargain

These limitations reflect the allocation of risk between us and are fundamental elements of the basis of the bargain between us. Our services would not be provided without these limitations.

9.4 Exceptions

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law. Nothing in these Terms excludes or limits liability for:

• Death or personal injury caused by negligence
• Fraud or fraudulent misrepresentation
• Gross negligence or willful misconduct
• Any liability that cannot be excluded by law

9.5 Force Majeure

We are not liable for any failure or delay in performance due to circumstances beyond our reasonable control, including:

• Natural disasters, pandemics, or acts of God
• War, terrorism, riots, or civil unrest
• Government actions, laws, or regulations
• Internet outages, power failures, or telecommunications issues
• Third-party service failures or cyberattacks
• Labor disputes or supply chain disruptions

10.1 Your Indemnification Obligations

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

• Your use or misuse of our services
• Your violation of these Terms or applicable laws
• Your violation of any third-party rights, including intellectual property, privacy, or publicity rights
• Your User Content or email campaigns
• Spam complaints or violations of anti-spam laws
• Data protection violations or breach of GDPR, CCPA, or similar laws
• Your negligence, willful misconduct, or fraud
• Disputes between you and email recipients or third parties

10.2 Defense and Settlement

If we seek indemnification from you:

• We will promptly notify you of the claim
• You will assume control of the defense and settlement
• We may participate in defense at our own expense
• You may not settle any claim without our prior written consent if it imposes obligations on us
• We may assume exclusive defense if you fail to defend

10.3 Survival

These indemnification obligations survive termination of these Terms and your use of our services.

11.1 Term

These Terms commence when you first access our services and continue until terminated by either party.

11.2 Termination by You

You may terminate your account at any time by:

• Deleting your account through account settings
• Contacting our support team
• Ceasing all use of our services

11.3 Termination by Us

We may suspend or terminate your access to our services immediately, without notice, for:

• Violation of these Terms or Acceptable Use Policy
• Fraudulent activity or abuse of services
• Non-payment of fees
• Excessive spam complaints or bounce rates
• Damage to our reputation or infrastructure
• Legal or regulatory requirements
• Extended inactivity (after notice for free accounts)
• Risk to security, privacy, or other users

11.4 Effect of Termination

Upon termination:

• Your right to access and use our services immediately ceases
• We may delete your account and data according to our Privacy Policy
• You remain liable for all fees and charges incurred prior to termination
• No refunds will be provided except as required by law
• You must cease using any of our intellectual property
• Sections that by their nature should survive will continue to apply

11.5 Data Export

Before termination, you should export any data you wish to retain. After account deletion, we cannot guarantee data recovery. We may provide a grace period for data export but are not obligated to do so.

11.6 Survival

The following sections survive termination: Intellectual Property Rights, Payment Terms, Disclaimers and Warranties, Limitation of Liability, Indemnification, Governing Law, and Dispute Resolution.

12.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

12.2 Jurisdiction and Venue

You agree that any legal action or proceeding arising from or related to these Terms shall be brought exclusively in the federal or state courts located in Delaware. You consent to personal jurisdiction and venue in these courts and waive any objection based on inconvenient forum.

12.3 Informal Resolution

Before filing a claim, you agree to contact us at praneetbrar7@gmail.com to attempt informal resolution. We will attempt to resolve the dispute informally by contacting you via email. If we cannot resolve the dispute within 60 days, either party may pursue formal proceedings.

12.4 Arbitration Agreement

If informal resolution fails, disputes shall be resolved through binding arbitration rather than in court, except:

• You may bring claims in small claims court if they qualify
• Either party may seek injunctive relief in court for intellectual property infringement or misuse

Arbitration Rules:

• Administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules
• Single arbitrator selected according to AAA rules
• Arbitration held in Delaware or remotely by mutual agreement
• Each party bears its own costs and attorneys' fees unless otherwise awarded by arbitrator
• Arbitrator's decision is final and binding, subject to limited appeal rights under applicable law

12.5 Class Action Waiver

YOU AND NURTURING MAIL AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.

Unless both parties agree otherwise, the arbitrator may not consolidate multiple parties' claims and may not preside over any form of representative or class proceeding.

12.6 Opt-Out

You may opt out of arbitration within 30 days of first accepting these Terms by emailing praneetbrar7@gmail.com with your name, address, and clear statement that you wish to opt out. Opting out does not affect other provisions of these Terms.

12.7 Time Limitation

Any claim or cause of action arising from or related to these Terms or our services must be filed within one (1) year after the claim arose. Otherwise, the claim is permanently barred.

13.1 Entire Agreement

These Terms, together with our Privacy Policy and any other agreements referenced herein, constitute the entire agreement between you and Nurturing Mail regarding our services and supersede all prior agreements, understandings, and communications.

13.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect. The invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.

13.3 Waiver

Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision. Any waiver must be in writing and signed by us. A waiver in one instance does not waive rights in other instances.

13.4 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms or delegate our obligations without restriction, including to affiliates or in connection with a merger, acquisition, or sale of assets. Any attempted assignment in violation of this section is void.

13.5 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights. Only parties to these Terms may enforce them.

13.6 Export Controls

Our services are subject to U.S. export control laws and regulations. You agree not to export, re-export, or transfer our services to any country, entity, or person prohibited by U.S. law. You represent that you are not located in, under control of, or a national of any such country or on any prohibited party list.

13.7 Government Use

If you are a U.S. government entity, our services are "Commercial Items" as defined at 48 C.F.R. §2.101, and government users acquire only those rights provided in these Terms.

13.8 Notice

We may provide notices to you via email, postal mail, or postings on our platform. You consent to receive electronic communications and agree they satisfy any legal requirement for written communication. Notices to us must be sent to:

13.9 Relationship

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

13.10 Interpretation

Headings are for convenience only and do not affect interpretation. "Including" means "including without limitation." "Or" is not exclusive. The words "herein," "hereof," and similar terms refer to these Terms as a whole, not specific sections.

13.11 Language

These Terms are written in English. Any translations are provided for convenience only. In case of conflict, the English version prevails.

13.12 Electronic Signatures

You consent to enter into these Terms electronically. Your use of our services constitutes your electronic signature and acceptance of these Terms with the same legal effect as a handwritten signature.

14.1 ProductHunt Scraping

Our ProductHunt scraping feature:

• Collects only publicly available information from ProductHunt
• Is subject to ProductHunt's terms of service and robots.txt directives
• May be limited or discontinued if ProductHunt changes its policies
• Does not guarantee accuracy, completeness, or real-time data

You are responsible for ensuring your use of scraped data complies with ProductHunt's terms, applicable laws, and data protection regulations. We are not liable for your use of scraped data.

14.2 AI Email Generation

Our AI-powered email generation:

• Uses machine learning models to generate email content
• Requires human review and approval before sending
• May produce inaccurate, biased, or inappropriate content
• Should be customized and edited to fit your specific needs
• Does not guarantee compliance with industry regulations

You are solely responsible for all emails sent through our platform, including AI-generated content.

14.3 Email Deliverability

We cannot guarantee email deliverability. Factors affecting delivery include:

• Your sender reputation and domain authentication (SPF, DKIM, DMARC)
• Recipient email provider policies and spam filters
• Email content, formatting, and engagement rates
• Bounce rates, spam complaints, and unsubscribe rates

You are responsible for maintaining good sender practices and managing your sender reputation.

14.4 Custom SMTP

If you use your own SMTP server:

• You are responsible for SMTP server configuration and security
• We store SMTP credentials encrypted but cannot guarantee absolute security
• Email delivery is subject to your SMTP provider's terms and limits
• We are not liable for SMTP server failures or issues

14.5 Analytics and Tracking

Our analytics features:

• Use tracking pixels and links to monitor email engagement
• Provide estimates that may not be 100% accurate
• Can be affected by email client privacy features
• Are for informational purposes and should not be solely relied upon

If you have questions about these Terms of Use, please contact us: