Terms of service
The agreement between us
In short. You get an e-mail marketing platform for your business. You pay monthly for a plan with a sending allowance and pay for usage beyond it. You may only e-mail people who have agreed to hear from you, and we will stop you if you don't. Your data stays yours; we process it only to run the service. Either side can end the agreement; you keep access to the end of the period you paid for. We are liable to you up to what you paid us in the last twelve months, and not for indirect losses.
1. The agreement
These terms are a contract between the business whose account is being used ("you", the "Customer") and Solharbor, trading as nurture.email ("we", "us"). They apply to the nurture.email platform at app.nurture.email and tenant subdomains, its API, and related support (the "service").
By creating an account, accepting an invitation to one, or using the service, you accept these terms, the Acceptable Use Policy and the Privacy Policy, which together form the agreement. If you accept on behalf of a company, you confirm you have authority to bind it. If you have a separate written agreement with us, that agreement wins where the two conflict.
The service is for businesses. You confirm you are not using it as a consumer.
2. Your account and users
- Your account is for a single business. Each person who uses it must have their own login; you may not share logins.
- You are responsible for everything done in your account, including by your users, your API keys and any integration you connect. Keep credentials safe and tell us straight away at security@nurture.email if you think they have been compromised.
- Each user must accept the current version of these terms and the Acceptable Use Policy. The service asks them to on first sign-in and again after a material change.
- You must give us accurate contact and billing details and keep them up to date. Notices from us go to the account contact e-mail address.
3. What you may do with the service
You may use the service to manage your subscriber lists and send e-mail to them, within your plan and subject to the Acceptable Use Policy. The Acceptable Use Policy is part of these terms, and a breach of it is a breach of these terms.
You may not resell or sublicense the service, use it to provide e-mail sending to third parties, reverse engineer it, remove its notices, or use it to build a competing product. The service is licensed, not sold; we and our licensors keep all rights in it. Parts of it are open-source software used under their own licences.
4. Plans, fees and billing
- Plans. Each plan has a monthly fee and a monthly allowance of e-mail sends and mailbox checks. Current plans and prices are on the pricing page. Enterprise terms are agreed in writing.
- Usage beyond the allowance is charged at the plan's overage rate per 1,000 sends or checks, billed in arrears with the next monthly fee. An account without a paid subscription cannot exceed its allowance.
- Prices are in US dollars and exclude VAT, which is added at the applicable rate (currently 20% for UK customers). You are responsible for any other taxes due on your use of the service.
- Payment is by card or direct debit through Stripe, monthly in advance for the plan fee. By subscribing you authorise us to charge your payment method for the plan fee and usage charges each period.
- Failed payment. If a payment fails we will retry it and e-mail you. If it is still unpaid after 7 days we may suspend the account until it is paid. If it is unpaid for 30 days we may terminate the account under section 10.
- Changing plans. You can change plan in the app. An upgrade takes effect immediately and is charged pro rata; a downgrade takes effect from the next period.
- Price changes. We may change prices with at least 30 days' notice by e-mail. The new price applies from your next period after the notice ends. If you do not accept it, you may cancel before then.
- Refunds. Fees are not refundable except where these terms say so or the law requires it.
5. Trials and free accounts
We may give you a trial or a free account at our discretion. It has the lowest plan's allowance as a hard limit, may have other limits, and may be withdrawn, converted or closed at any time with notice. Everything else in these terms applies to it.
6. Your data
- Everything you upload, sync or create in the service (subscribers, lists, campaigns, templates, settings, "Customer Data") belongs to you. You give us a licence to host, copy, process and transmit it only as needed to provide the service, to prevent abuse, and to comply with the law.
- You can export your Customer Data from the service at any time while the account is open, and for 30 days after it closes on request.
- You are responsible for Customer Data: that you have the right to use it, that your subscribers consented as the Acceptable Use Policy requires, and that it contains nothing unlawful.
- We may look at Customer Data only to provide support you have asked for, to investigate a suspected breach of these terms or the Acceptable Use Policy, or when the law requires it.
- We may use aggregated, de-identified statistics about how the service is used (for example overall delivery rates) to improve it. These never identify you or your subscribers.
7. Data processing terms
For personal data in Customer Data, you are the controller and we are your processor under the UK GDPR, the EU GDPR where it applies, and the Data Protection Act 2018. This section is our data processing agreement.
- Subject matter and duration. Hosting, storing, sending e-mail to, and reporting on your subscribers, for as long as the account is open plus the deletion period in the Privacy Policy.
- Nature and purpose. E-mail marketing and lifecycle communications that you design and send.
- Data and data subjects. Your subscribers' and contacts' names, e-mail addresses, attributes you record, and delivery and engagement events, as described in section 4 of the Privacy Policy.
- Your instructions. We process personal data only on your documented instructions, which are these terms and your use of the service's features. If we think an instruction breaks the law, we will tell you.
- Confidentiality. Our staff with access to Customer Data are bound by confidentiality obligations.
- Security. We maintain the measures in section 9 of the Privacy Policy: encryption in transit and at rest, isolation between customers, access control, logging and monitoring.
- Sub-processors. You authorise the sub-processors listed in the Privacy Policy. We will give you at least 30 days' notice of any addition that handles Customer Data. If you object on reasonable data protection grounds and we cannot resolve it, you may terminate the affected service and we will refund any prepaid fees for the remaining period. We remain responsible for our sub-processors.
- Transfers. Customer Data is stored in the United Kingdom. Any transfer outside the UK or EEA is covered by the safeguards in the Privacy Policy.
- Assistance. We will help you respond to data subject requests through the service's export, correction, unsubscribe and deletion features, and will forward any request we receive directly. We will help with your security, breach notification, impact assessment and consultation obligations, taking into account what we know.
- Breach. We will tell you without undue delay, and within 72 hours of confirming it, about any personal data breach affecting Customer Data.
- Deletion. When the account closes we delete Customer Data within 30 days, except what we must keep by law, and backups, which expire on their rolling cycle. You can export before that.
- Audit. On reasonable written request, no more than once a year, we will provide the information you need to show we meet these obligations, and will allow an audit by you or an independent auditor you appoint, at your cost, on reasonable notice and without disrupting the service.
8. The service: availability, changes and support
- We aim to keep the service available at all times, but we do not guarantee uninterrupted availability. We will schedule maintenance outside UK business hours where we can and will give notice of anything that will take the service down for more than a few minutes.
- E-mail delivery depends on mailbox providers, on your sending reputation and on your lists. We do not guarantee that any particular e-mail will be delivered, opened or placed in an inbox.
- We may change or withdraw features. If a change removes something material to you, we will give at least 30 days' notice, and you may cancel.
- Support is by e-mail during UK business hours. We answer within one business day. Enterprise plans may have different support terms.
- We may suspend the service or a campaign immediately where we reasonably believe it is necessary to protect the service, our sending reputation, other customers or recipients, or to comply with the law. We will tell you why and what is needed to lift it.
9. Confidentiality
Each side will keep confidential any non-public information it learns about the other through this agreement, use it only for the agreement, and protect it with reasonable care, except where disclosure is required by law or the information was already public or independently known. This lasts for three years after the agreement ends. Customer Data is covered by section 7 as well.
10. Term, cancellation and termination
- The agreement runs from when you accept it until the account is closed.
- You can cancel at any time in the app or by e-mail. The account stays open to the end of the period you have paid for, then closes. No refund is due for the rest of a period unless these terms say otherwise.
- We can terminate with 30 days' notice for any reason, in which case we refund any prepaid fees for the period after the closure.
- We can terminate immediately if you materially breach these terms or the Acceptable Use Policy and do not fix it within 7 days of our notice (or at once, where the breach cannot be fixed or is serious, such as sending to a purchased list or sending unlawful content); if a payment is 30 days overdue; or if you become insolvent. No refund is due in these cases.
- After closure you can request an export for 30 days. Then Customer Data is deleted as described in section 7. Sections 6, 7, 9, 11, 12 and 14 survive.
11. Warranties and what we don't promise
We promise to provide the service with reasonable skill and care, and that it will do substantially what the documentation says. If it does not, your remedy is for us to fix it or, if we cannot within a reasonable time, to refund the fees for the affected period.
Apart from that, the service is provided as it is. We do not promise that it will be error-free, that e-mail will be delivered, or that it will achieve any particular result. All other warranties and conditions, express or implied by law, are excluded to the extent the law allows.
You promise that you have the right to upload and send what you send, that you comply with the Acceptable Use Policy and the law, and that your use of the service will not infringe anyone's rights.
12. Liability
- Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot be limited by law.
- Subject to that, neither side is liable for any indirect or consequential loss, or for loss of profit, revenue, business, goodwill or data (other than our obligations in section 7), however it arises.
- Subject to that, our total liability to you under or in connection with this agreement in any twelve-month period is limited to the fees you paid us in the twelve months before the claim arose.
- Indemnity. You will cover any loss, claim, fine or cost we incur because your use of the service broke the Acceptable Use Policy or the law, including claims by recipients, regulators or mailbox providers, and the cost of restoring our sending reputation.
13. Changes to these terms
We may update these terms, the Acceptable Use Policy and the Privacy Policy. We will post the new version with its effective date and e-mail the account contact at least 30 days before a material change takes effect (14 days for the Acceptable Use Policy; immediately where the law or a mailbox provider's rules require it). Your users will be asked to accept the new version on their next sign-in. If you do not agree to a change, you may cancel before it takes effect. Continuing to use the service after that date means you accept it.
14. General
- Law and courts. These terms are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction, except that either side may seek an injunction anywhere.
- Notices to you go to the account contact e-mail; notices to us go to legal@nurture.email. They count as received the next business day.
- Events beyond control. Neither side is liable for failing to perform because of something outside its reasonable control, including failures of mailbox providers, hosting providers or the internet, as long as it tells the other and does what it reasonably can.
- Assignment. You may not transfer the agreement without our written consent. We may transfer it to a successor to our business on notice to you.
- Whole agreement. These terms, the policies they refer to and any written agreement with us are the entire agreement. Neither side relies on anything not written in them.
- Severance and waiver. If part of these terms is unenforceable, the rest stands. Not enforcing a term is not a waiver of it.
- Third parties. No one other than you and us has rights under these terms.
15. Contact
Solharbor, trading as nurture.email
E-mail: legal@nurture.email