Terms of Service

Smashmail is an AI-assisted email workflow product that operates on top of your existing Gmail or Outlook account.

• You must be at least 13 years old, or the minimum age required by law where you live, and legally able to use the Service.
• You must provide accurate account information and keep it current.
• Authentication for connected Gmail or Outlook accounts is handled by Google or Microsoft. You are responsible for the security of your accounts, credentials, devices, passwords, and multi-factor authentication, and for all activity under your account.
• Accounts are personal to the authorized user or subscribed seat to which they are assigned. You may not share accounts or credentials with another person.
• You must promptly notify us if you believe your account or a connected mailbox has been compromised.

To use the Service, you may connect Gmail, Outlook, or other supported third-party services using OAuth or similar authorization flows. By doing so, you authorize SmashCo and its subprocessors to act on your behalf within the permissions you grant, to store and use the tokens and permissions you grant, and to access and process the related data, solely as needed to provide, secure, support, and personalize the Service for your account in accordance with these Terms and our Privacy Policy. We will request only the permissions reasonably necessary to provide the features you enable.

Depending on the features you use, this authorization may allow us to:

1. read emails and related mailbox data;
2. create and save drafts in Gmail or Outlook;
3. apply, modify, or remove labels, folders, categories, or similar mailbox metadata; and
4. maintain sync state, reference IDs, preferences, and settings.

We will not use the Service to send emails automatically on your behalf without your approval.

You represent that you have all rights and authority needed to connect each mailbox and authorize our access to the applicable data.

Our Privacy Policy explains how we collect, use, retain, disclose, and protect personal information. By using the Service, you acknowledge the Privacy Policy.

As between you and SmashCo, you retain ownership of your emails, prompts, instructions, attachments, and other content or data you submit to or access through the Service ("User Content"). SmashCo does not own your email data.

As described in our Privacy Policy, Smashmail is designed not to store email bodies, subject lines, snippets, sender or recipient metadata from message content, or thread content in Smashmail's database. That content is processed transiently in memory to provide requested functionality and then discarded. Drafts created through the Service are stored in Gmail or Outlook, not by Smashmail, except that we may retain reference IDs, account data, logs, settings, and non-reversible derived personalization features, such as a writing-style profile, consistent with the Privacy Policy.

We do not use your email content to train generalized AI models.

You grant SmashCo a limited, non-exclusive, worldwide license to access, host, use, process, transmit, and otherwise handle User Content solely as necessary to provide, secure, support, and personalize the Service for your account, including through subprocessors such as hosting, email, analytics, payment, security, and AI or inference providers used to perform requested features. We may also generate and use de-identified, aggregated, or statistical data to operate and improve the Service, provided it does not identify you and remains consistent with our Privacy Policy.

You may not use the Service to:

1. violate any law, regulation, or third-party right;
2. send, generate, facilitate, or promote spam, phishing, malware, harassment, fraud, deceptive content, or other harmful or unlawful content;
3. abuse, interfere with, or circumvent limits, protections, approval flows, or security of the Service or any connected Google, Microsoft, or other third-party service;
4. reverse engineer, decompile, copy, modify, create derivative works of, or attempt to discover source code or underlying components of the Service, except to the extent such restriction is prohibited by law;
5. use the Service in a way that violates Google API Services terms or policies, Microsoft Graph or Microsoft API terms or policies, or the terms of any other connected service;
6. use the Service to build or improve a competing product or service or to copy the Service's features or user interface; or
7. share accounts or permit unauthorized third parties to access the Service through your account.

The Service includes AI-assisted features such as drafting, classification, suggestions, and workflow support. AI outputs may be inaccurate, incomplete, outdated, biased, offensive, or otherwise inappropriate for your use case.

You are solely responsible for reviewing and approving all drafts, classifications, suggestions, and other outputs before relying on them or taking action. You are also solely responsible for any email or other content sent from your accounts, even if it was suggested or drafted using the Service.

The Service does not provide legal, financial, tax, compliance, HR, or other professional advice. You should use independent judgment before making business or personal decisions based on any output.

SmashCo is not responsible for emails you send, recipients you contact, or decisions you make based on outputs from the Service.

The Service depends on third-party services and infrastructure, including Google, Microsoft, Stripe, OVH, and other providers described in our Privacy Policy.

Your use of connected third-party services remains subject to the separate terms, policies, and practices of those providers. We are not responsible for third-party services, including their availability, outages, security, data practices, policy changes, billing, or acts or omissions.

If a third-party provider changes its APIs, permissions, terms, pricing, or technical requirements, or suspends or terminates access, the Service or certain features may be limited, modified, suspended, or discontinued without liability to SmashCo.

We may offer a 7-day free trial for certain paid plans. Trial eligibility, availability, and included features are determined by SmashCo and may be changed or withdrawn at any time. If you start a paid subscription that includes a free trial and provide a valid payment method, we may begin charging you when the trial ends unless you cancel before renewal.

Smashmail may offer Pro subscriptions on a monthly or annual basis and Enterprise plans on custom pricing and terms. Enterprise billing and commercial terms may be governed by a separate order form.

Paid subscriptions renew automatically at the end of each billing period unless canceled before the renewal date.

Payments are processed by Stripe or another designated payment processor. You authorize us and our payment processor to charge the applicable fees, taxes, and other disclosed amounts using your selected payment method. Fees are exclusive of taxes unless stated otherwise, and you are responsible for applicable taxes other than taxes based on our net income.

Except as required by law or expressly stated in a signed order form, all fees are non-refundable, and we do not provide refunds or credits for partial billing periods or the then-current billing cycle.

We may change pricing at any time, but price changes for subscriptions will take effect no earlier than the next renewal term after notice to you.

SmashCo and its licensors own the Service, including all software, models, interfaces, designs, documentation, branding, and related intellectual property rights. No rights are granted to you except as expressly stated in these Terms.

Subject to these Terms, SmashCo grants you a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Service during your subscription term or permitted use period.

As between you and SmashCo, you retain all rights in User Content.

Subject to applicable law and third-party rights, you may use outputs generated for your account for any lawful purpose. To the extent SmashCo obtains any right, title, or interest in those outputs, SmashCo assigns those rights to you, except for SmashCo's rights in the Service, underlying models, generic know-how, and aggregated or de-identified data. Similar or identical outputs may be generated for other users.

If you provide feedback or suggestions, you grant SmashCo a worldwide, perpetual, irrevocable, royalty-free license to use them without restriction or compensation.

We may designate some features or functionality as beta, preview, early access, or experimental ("Beta Features"). Beta Features may be incomplete, changed, suspended, or discontinued at any time and may be subject to additional terms.

Beta Features are provided strictly "as is" and "as available," without warranties, support commitments, service levels, or indemnities.

Unless otherwise stated in a signed order form, SmashCo has no obligation to provide any particular level of support, maintenance, uptime, or response time. Any support we provide is on a best-efforts basis.

We may update, improve, modify, or discontinue any part of the Service at any time, including to maintain security, comply with law, or reflect changes in third-party platforms.

You may stop using the Service and cancel your account at any time.

We may suspend or terminate your access to the Service, in whole or in part, immediately or with notice, if:

1. you breach these Terms;
2. you misuse the Service or connected integrations;
3. your use creates security, legal, regulatory, or reputational risk for SmashCo or others;
4. we are required to do so by law or by a third-party provider; or
5. you fail to pay fees when due.

Upon termination, your right to use the Service ends immediately. Subject to applicable law and our retention obligations, we will delete or schedule deletion of retained account data and delete or deauthorize connected integrations from active systems under our standard deletion workflows, although limited residual copies may remain temporarily in backups or logs as described in the Privacy Policy. Termination does not delete emails or drafts stored in your Gmail or Outlook account; those remain subject to your relationship with that provider.

Sections that by their nature should survive termination will survive, including sections on fees owed, intellectual property, disclaimers, limitations of liability, indemnification, dispute resolution, and general terms.

The Service, including all outputs, is provided "as is" and "as available." To the maximum extent permitted by law, SmashCo disclaims all warranties, express, implied, statutory, or otherwise, including any warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, reliability, availability, security, or that the Service will be uninterrupted, error-free, or meet your requirements.

Without limiting the foregoing, SmashCo does not warrant that any output will be correct, complete, safe, appropriate, or fit for any decision, communication, or business purpose.

No service-level agreement applies unless expressly set out in a signed written agreement.

To the maximum extent permitted by law, SmashCo and its affiliates, officers, directors, employees, contractors, and licensors will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, business, goodwill, data, or business interruption, arising out of or related to the Service or these Terms, even if advised of the possibility of such damages.

To the maximum extent permitted by law, the total aggregate liability of SmashCo and its affiliates, officers, directors, employees, contractors, and licensors arising out of or related to the Service or these Terms will not exceed the total amount you paid to SmashCo for the Service in the twelve (12) months before the event giving rise to the claim.

These limitations apply regardless of the form of action and even if a remedy fails of its essential purpose. Nothing in these Terms limits liability that cannot be limited under applicable law.

You will defend, indemnify, and hold harmless SmashCo and its affiliates, officers, directors, employees, contractors, and agents from and against any third-party claims, damages, losses, liabilities, costs, and expenses, including reasonable attorneys' fees, arising out of or related to:

1. your User Content;
2. your use of the Service;
3. any email, message, or other content sent or distributed from your account;
4. your violation of these Terms, applicable law, or third-party rights; or
5. your violation of any terms or policies of Google, Microsoft, Stripe, OVH, or any other connected service provider.

You may not use the Service in violation of U.S. export control laws, sanctions laws, or other applicable laws. You represent that you are not located in, organized under the laws of, or ordinarily resident in a country or territory subject to comprehensive U.S. embargoes, and that you are not a prohibited or restricted party.

You are responsible for complying with all laws and regulations applicable to your use of the Service and the content you access, generate, or send through it.

Please read this section carefully. It requires most disputes to be resolved by binding arbitration on an individual basis.

These Terms are governed by the laws of the State of Delaware, without regard to conflict of laws rules.

The U.S. Federal Arbitration Act governs the interpretation and enforcement of this Section 17.

To the extent permitted by applicable law, any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by final and binding arbitration administered by the American Arbitration Association under its applicable rules, by a single arbitrator, in Delaware, in English.

To the extent permitted by applicable law, the parties waive any right to a jury trial and any right to participate in a class action, collective action, or representative action.

Notwithstanding the foregoing, either party may bring an action exclusively in the state or federal courts located in Delaware solely to:

1. seek temporary, preliminary, or permanent injunctive or equitable relief;
2. compel arbitration or stay proceedings pending arbitration; or
3. confirm, enforce, modify, or vacate an arbitration award.

Each party consents to the exclusive personal jurisdiction and venue of those courts for those permitted purposes.

We may change these Terms from time to time. If we make material changes, we will provide notice by email, through the Service, or by another reasonable method. Unless otherwise stated in the notice, updated Terms become effective when posted or on the date specified in the notice.

By continuing to use the Service after the effective date of updated Terms, you agree to the revised Terms. If you do not agree, you must stop using the Service.