1. Definitions
- "Customer" means the legal entity (or individual, if no entity is named) that opens or owns a workspace.
- "Workspace" means an isolated tenant on the Service controlled by the Customer.
- "User" means any individual authorised to access a Workspace, including admins, editors and viewers.
- "Seat" means any active Workspace member, plus any unredeemed or unrevoked invitation, counted at the time of billing.
- "Customer Content" means logos, copy, contact details, images, signature data and any other content you or your Users upload to or generate on the Service.
- "Subscription" means a paid plan to which a Workspace is subscribed for a fixed billing cycle.
- "Order" means a checkout, plan selection, seat purchase or written order form by which a Subscription is created or modified.
2. Eligibility and accounts
You must be at least 18 years old, or the age of majority in your jurisdiction, and legally able to enter into a contract. If you are using the Service on behalf of an organisation, you represent that you have authority to bind that organisation. You are responsible for safeguarding your credentials, for the activity of every User you invite to your Workspace, and for ensuring that each User is entitled to use the Service under your Subscription. You must promptly notify us of any unauthorised access, lost credentials or compromised API key.
3. The Service
Email Art lets you design, store, version and distribute branded email signatures across your team and connected systems. We may update, improve, change or replace features at any time. We will not materially reduce documented core functionality of a paid plan during a current billing cycle without providing a reasonable substitute or a pro-rata refund of unused fees attributable to the removed functionality.
4. Subscriptions, billing cycles and seats
4.1 Plans and billing cycles
Paid plans are seat-based and offered on either a monthly or annual billing cycle, as selected by the Customer at checkout or on the plan settings screen. Each Subscription renews automatically at the end of its billing cycle for a further cycle of the same length, at the then-current published price for that plan, unless the Customer cancels before renewal in accordance with section 7.
4.2 Fees and proration
Fees are charged in advance for the full billing cycle. Adding Seats or upgrading to a higher plan takes effect immediately and the incremental fee is prorated for the remainder of the current cycle and charged on the next invoice or, where supported, at the time of the change. Removing Seats or downgrading to a lower plan takes effect at the end of the current billing cycle; no refund or credit is issued for unused Seats removed mid-cycle except where required by law.
4.3 Seat counting
A Seat is consumed by each active Workspace member and by each invitation that is unredeemed and unrevoked at the time of billing. Excess seat usage during a cycle (for example, exceeding the purchased Seat count by adding members) is permitted but will be reconciled and billed on the next invoice at the then-current per-Seat rate.
4.4 Price changes
We may change published prices at any time. Price changes will not apply to any current paid billing cycle but will apply on the next renewal. We will give at least thirty (30) days' notice of price changes that affect renewals, by email to billing contacts and/or in-product notice. If you do not accept the change, you may cancel before the renewal date in accordance with section 7.
4.5 Taxes
All fees are exclusive of GST, VAT, sales, use, withholding and similar taxes ("Taxes"). You are responsible for all Taxes associated with your purchase except for taxes based on our net income. Where we are required to collect Taxes, they will be added to your invoice. If you are exempt, you must provide a valid exemption certificate before the invoice is issued.
4.6 Currency
Unless otherwise stated at checkout, fees are charged in United States dollars (USD). Foreign exchange and cross-border fees imposed by your card issuer or bank are your responsibility.
5. Payments and payment processor
5.1 Stripe as payment processor
Payments for the Service are processed by Stripe Payments Australia Pty Ltd and its affiliates ("Stripe"). By providing payment information, you authorise us and Stripe to charge the payment method you provide for all fees due under your Subscription, including renewals, prorated upgrades, true-up charges for excess Seat usage, and applicable Taxes. Your use of Stripe is also subject to the Stripe Services Agreement available at stripe.com/legal. We do not store full payment card numbers on our systems; cardholder data is collected, tokenised and stored by Stripe in accordance with PCI DSS.
5.2 Authorisation and recurring billing
By starting a paid Subscription you provide an ongoing authorisation for us, through Stripe, to charge your nominated payment method on each renewal date and for any properly invoiced amounts (including prorated upgrades and Seat true-ups) until the Subscription is cancelled in accordance with section 7. You are responsible for keeping your billing contact and payment method current.
5.3 Failed payments and dunning
If a payment fails, Stripe will retry in accordance with its standard retry schedule. We will notify the Workspace's billing contact by email. If full payment has not been received within fourteen (14) days of the original due date, we may downgrade the Workspace to read-only access. If payment remains outstanding after a further fourteen (14) days, we may suspend the Workspace and, after a further thirty (30) days, terminate it and delete its data in accordance with section 10.
5.4 Disputes and chargebacks
If you believe an invoice is incorrect, you must contact billing@emailart.io within thirty (30) days of the invoice date. Filing a chargeback for a charge that is properly due under these Terms is a material breach and entitles us to immediately suspend the Workspace and recover the disputed amount, chargeback fees and reasonable collection costs.
6. Free trials, promotional credits and refunds
6.1 Free trials
New Workspaces receive a fourteen (14) day free trial of the plan selected at signup. No payment method is required to start the trial. At the end of the trial, the Workspace must select and pay for a plan to retain editor and admin functionality. Read-only access to existing signatures continues for thirty (30) days after expiry to allow export and download, after which the data is deleted.
6.2 Refunds
Except where required by applicable consumer law (see section 16), all fees are non-refundable, including for partial billing periods, unused Seats, and Subscriptions cancelled mid-cycle. Annual plans cancelled mid-term will continue to provide service through the end of the paid term but will not be refunded.
6.3 Promotional credits
Promotional codes, credits and discounts are non-transferable, have no cash value, may be revoked or modified at any time, and may not be combined unless we say so in writing.
7. Cancellation and term
You may cancel a Subscription at any time from your Workspace's billing settings. Cancellation takes effect at the end of the current billing cycle. The Subscription will continue, and the Service will remain available, through the end of that cycle. After cancellation, the Workspace transitions to read-only mode and your published signatures continue to render through the end of the paid period as a courtesy; we make no commitment to operate any hosted asset endpoint indefinitely after termination (see section 10.3). You may also delete the Workspace at any time; deletion is irreversible.
8. Acceptable use
You must not, and must not allow any User to:
- Use the Service to send spam, unsolicited communications, phishing, malware, or signatures impersonating any person or organisation without authorisation;
- Attempt to circumvent tenant isolation, rate limits, authentication, encryption or access controls, or access any Workspace you are not a member of;
- Reverse engineer, decompile, scrape, copy, resell, sublicense, or build a competing product from the Service or its outputs;
- Upload Customer Content that infringes any intellectual property right, right of privacy or publicity, or that violates any applicable law;
- Use the Service in any way that could damage, disable, overburden, or impair the Service or interfere with any other party's use of the Service;
- Use the Service to process special-category personal data (such as health, biometric, or financial account data) that the Service is not designed to handle;
- Resell, white-label or provide the Service to a third party as a managed service without our prior written agreement.
9. Customer Content and licence
As between you and us, you retain all right, title and interest in Customer Content. You grant Email Art a worldwide, non-exclusive, royalty-free licence to host, copy, transmit, render, transform, display and otherwise process Customer Content solely to operate, secure, support and improve the Service for your Workspace, and to perform our obligations under these Terms. You represent and warrant that you have all rights necessary to grant that licence and that the Customer Content does not violate these Terms or any law.
10. Suspension, termination and data export
10.1 Suspension
We may suspend access immediately and without notice to protect the Service or other customers, including for: (a) suspected unauthorised access; (b) acute security threats; (c) violations of section 8; (d) unpaid fees per section 5.3; or (e) legal compulsion. We will restore access promptly once the cause is resolved.
10.2 Termination
Either party may terminate for material breach if the breach is not cured within thirty (30) days of written notice. We may terminate immediately for non-payment after the dunning period in section 5.3, for activity that materially threatens the security or integrity of the Service, or where required by law.
10.3 Effect of termination and data export
On termination, your right to access the Service ends. For thirty (30) days following termination (other than termination for cause arising from your breach of section 8), you may export your data using the in-product export tools and the API. After that period, we will delete Customer Content from production systems within thirty (30) days and from backups within ninety (90) days, except where retention is required by law or to enforce these Terms. Hosted asset endpoints (including remotely hosted images served in delivered signatures) may be deactivated at or after termination at our discretion.
11. Our intellectual property
The Service, including its software, templates, designs, brand, documentation, and any improvements, modifications, derivative works and aggregated or anonymised data derived from operation of the Service, is and remains the exclusive property of Aquafruit Pty Ltd and its licensors. No rights are granted other than those expressly stated in these Terms. We may use your name and logo to identify you as a customer in a customer list and in case studies you have approved.
9.5 Copyright infringement
You are solely responsible for ensuring that all Customer Content, including logos, images, fonts and other assets you or your Users upload, generate or distribute via the Service, does not infringe any third party's copyright, trademark or other intellectual property rights. Email Art does not actively monitor Customer Content for infringement and takes no responsibility for verifying the ownership, licence status or provenance of any asset uploaded to the Service. We may remove or disable access to any Customer Content if we receive a valid takedown notice, if a rights-holder makes a credible claim of infringement, or if we otherwise determine that the content violates section 8. You agree that Email Art and Aquafruit Pty Ltd, and their respective officers, directors, employees and agents, will not be liable for any claim, loss, damage or expense (including legal fees) arising from your or any User's use of infringing, stolen or unauthorised assets, and you will indemnify and hold us harmless from any such claim to the fullest extent permitted by law.
12. Confidentiality
Each party will protect the other's Confidential Information with the same degree of care it uses for its own confidential information, and in any event at least reasonable care, and will use it only to perform under these Terms. "Confidential Information" excludes information that is or becomes public other than by breach, was already known without restriction, is independently developed, or is rightfully received from a third party without restriction.
13. Data protection
To the extent we process personal data on your behalf in delivering the Service, our Data Processing Addendum ("DPA") applies and is incorporated into these Terms by reference. The DPA is available on request from privacy@emailart.io. Our handling of personal data is further described in the Privacy Policy.
14. Service availability and support
We target high availability across all plans but do not warrant that the Service will be uninterrupted, timely, secure or error-free. Business and Enterprise plans include the uptime commitments and support response targets set out in the applicable plan description or Order form. Scheduled maintenance, force majeure events, third-party outages (including Stripe, identity providers and email providers), and your own acts or omissions are excluded from any uptime calculation.
15. Warranties and disclaimers
Each party warrants that it has the right and authority to enter into these Terms. Except as expressly stated in these Terms, and to the maximum extent permitted by law, the Service is provided "as is" and "as available", and we disclaim all other warranties, conditions and representations of any kind, whether express, implied, statutory or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title, accuracy, and non-infringement. We do not warrant that the Service will meet your requirements, that defects will be corrected, or that any data will be preserved without loss.
16. Australian Consumer Law and other mandatory rights
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy under the Australian Consumer Law, or any equivalent statutory right under the laws of any other jurisdiction, that cannot be lawfully excluded or limited. Where our liability for breach of any such guarantee can be limited, our liability is limited, at our option, to the resupply of the Service or the cost of the resupply of the Service.
17. Limitation of liability
Subject to section 16, and to the maximum extent permitted by law:
- Neither party is liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, goodwill, data, business opportunity, or anticipated savings, however caused and under any theory of liability, even if advised of the possibility of such damages.
- Our aggregate liability for any and all claims arising out of or relating to these Terms or the Service, whether in contract, tort (including negligence), statute or otherwise, will not exceed the total fees actually paid by the Customer to us for the Service in the twelve (12) months immediately preceding the event giving rise to the claim, or USD $100, whichever is greater.
- These limitations apply in the aggregate to all claims and form an essential basis of the bargain between the parties.
18. Indemnity
You will defend, indemnify and hold harmless Aquafruit Pty Ltd, its affiliates and their respective officers, directors, employees and agents from and against any third-party claim, demand, loss, liability, damage, fine and cost (including reasonable legal fees) arising out of or relating to: (a) Customer Content; (b) your or any User's use of the Service in breach of these Terms or any law; (c) your breach of section 8; or (d) any dispute between you and a User or a third party concerning your use of the Service.
19. Force majeure
Neither party is liable for any delay or failure to perform (other than payment obligations) caused by events beyond its reasonable control, including acts of God, war, terrorism, civil unrest, government action, pandemic, labour disputes, internet or telecommunications failures, denial-of-service attacks, or failures of upstream providers including Stripe and cloud infrastructure providers.
20. Assignment
You may not assign or transfer these Terms or any rights or obligations under them, in whole or in part, without our prior written consent, except to a successor in connection with a merger, acquisition or sale of substantially all of your assets, with prior written notice to us. We may assign these Terms to any affiliate or in connection with a reorganisation, merger, acquisition or sale of substantially all of our assets. Any prohibited assignment is void.
21. Notices
We may give you notices by email to the address associated with your account or with the Workspace's billing contact, by in-product notice, or by posting to emailart.io. You must give us notices in writing to legal@emailart.io. Notices are deemed given when sent (if by email) or on posting (if in-product or to our website).
22. Governing law and jurisdiction
These Terms are governed by the laws of New South Wales, Australia, without regard to its conflict-of-laws rules. The parties submit to the exclusive jurisdiction of the courts of New South Wales and the federal courts of Australia sitting in Sydney, except that either party may seek injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual property or Confidential Information, and except where mandatory consumer or data-protection law provides otherwise.
23. Changes to these Terms
We may update these Terms from time to time. We will post the updated version with a new "last updated" date. Material changes will take effect fourteen (14) days after notice to Workspace admins by email or in-product banner. Continued use of the Service after the effective date constitutes acceptance of the updated Terms. If you do not agree, your sole remedy is to cancel and stop using the Service before the effective date.
24. Entire agreement; severability; waiver
These Terms, together with any Order, the Privacy Policy, the DPA (where applicable) and any policies referenced herein, constitute the entire agreement between the parties regarding the Service and supersede all prior or contemporaneous proposals, agreements and communications. If any provision is held unenforceable, the remaining provisions will continue in full force and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable. A failure to enforce any provision is not a waiver of that or any other provision.
25. Contact
General: hello@emailart.io
Billing: billing@emailart.io
Privacy: privacy@emailart.io
Legal / notices: legal@emailart.io
Aquafruit Pty Ltd, trading as Email Art — Sydney, New South Wales, Australia.