Terms of Service

By creating an account, accessing fonte, or using the service, you agree to these Terms. If you use fonte on behalf of an organization, you represent that you have authority to bind that organization.

You must be at least 18 years old, or the age of legal majority where you live, to use fonte.

1. The service

fonte provides infrastructure for managing audiences and sending email broadcasts.

Features, limits, capacity, and availability may change over time. We may impose reasonable sending, rate, volume, security, safety, or operational limits to protect fonte, our customers, recipients, service providers, or the reliability and reputation of the service.

Unless we expressly agree otherwise in writing, fonte does not provide a service-level agreement or guarantee any particular sending capacity, availability, delivery rate, or inbox placement.

2. Your account

You must provide accurate account information and keep your credentials secure.

You are responsible for activity conducted through your account and workspaces and for maintaining appropriate access to them.

You must promptly notify fonte if you reasonably believe your account or credentials have been compromised.

You may not bypass or attempt to bypass account, workspace, sender, billing, usage, safety, security, capacity, or other service controls.

You may not create or use additional accounts, identities, domains, workspaces, or organizations to circumvent pricing, included-usage limits, restrictions, suspensions, or other fonte controls.

3. Sending email

You are responsible for the email you send through fonte.

This includes responsibility for:

• the recipients you contact;
• having any consent, permission, or other legal basis required to contact them;
• the accuracy of your sender identity and message headers;
• the content and subject matter of your messages;
• required notices, disclosures, and physical-address information;
• providing and honoring applicable unsubscribe or opt-out rights;
• maintaining appropriate records of consent or permission; and
• complying with applicable email, advertising, privacy, consumer-protection, and other laws.

You may not use fonte to send spam, phishing, fraudulent or deceptive messages, malware, unlawful content, or other messages prohibited by our Acceptable Use Policy.

The Acceptable Use Policy is incorporated into these Terms.

4. Sending controls and safety

fonte may delay, limit, pause, reject, or stop sending when we reasonably believe that sending:

• violates these Terms or the Acceptable Use Policy;
• may be unlawful or unauthorized;
• creates an unreasonable risk of complaints, bounces, abuse, fraud, or security harm;
• may damage sending reputation or the operation of fonte or a third-party service;
• exceeds available capacity or applicable service limits; or
• presents another material risk to fonte, our customers, recipients, or service providers.

We may investigate suspicious activity and request information reasonably necessary to verify your identity, sender identity, audience provenance, consent, or intended use.

Where circumstances permit, we may give you an opportunity to resolve a problem before restricting your account. We are not required to provide advance notice when immediate action is reasonably necessary to prevent harm, comply with law, or protect the service.

5. Pricing and included usage

Each customer billing account receives 10,000 accepted emails per monthly billing cycle at no charge.

The included allowance is shared across that billing account's workspaces. Unused included usage does not roll over to a later billing cycle.

Included sending is covered by these Terms. It does not require a separate included-usage acceptance or payment authorization. Authorized account users may use the shared allowance, subject to the account’s permissions and sending restrictions.

After the included allowance, the current price is:

$0.50 per 1,000 accepted emails.

An email becomes accepted-email usage when the delivery provider accepts that email for delivery.

Provider acceptance does not mean that the email reached the recipient's inbox. An accepted email may subsequently bounce, be rejected by a recipient system, generate a complaint, or otherwise fail to reach the intended recipient.

Emails that fonte does not attempt, suppresses before an attempt, or that the delivery provider does not accept do not count as accepted-email usage.

Included-usage safeguards

The included email allowance is intended for ordinary use of a customer billing account. It is not a promotional credit that may be multiplied through additional accounts, workspaces, domains, identities, organizations, or other arrangements.

You may not create, control, coordinate, or use multiple accounts or related arrangements for the purpose of:

• obtaining more included usage than you would otherwise receive;
• avoiding payment for sending;
• evading usage, safety, capacity, or account limits; or
• continuing activity that fonte has restricted or suspended.

Creating or rotating domains, accounts, workspaces, identities, payment methods, organizations, or other resources to obtain additional included allowances is prohibited.

fonte may treat accounts or workspaces under common ownership, control, or coordinated use as a single customer billing account for included-usage purposes. Using multiple domains, workspaces, or legitimate businesses is not prohibited by itself; this restriction applies when those arrangements are used to multiply an entitlement or evade a restriction.

If fonte reasonably determines that included usage is being abused or circumvented, fonte may, without prior notice where appropriate, withhold or revoke included usage, require payment authorization, consolidate related accounts for billing purposes, restrict sending, suspend or terminate affected accounts, or refuse further service.

6. Billing and payment

You do not need to provide payment authorization solely to use included sending where fonte makes that usage available without payment.

Before you incur paid usage, fonte may require a valid payment method or other payment authorization.

You authorize fonte and its payment providers to charge amounts you owe under the pricing presented to you when the paid usage is authorized.

If a payment fails or an amount becomes overdue, we may limit or suspend paid sending until the issue is resolved.

Applicable taxes may be added where required by law. You are responsible for taxes associated with your use of fonte other than taxes based on fonte's net income.

Except where required by law or expressly stated otherwise, charges for accepted-email usage already incurred are non-refundable.

fonte may change its prices prospectively. We will provide reasonable advance notice of material pricing changes. A price change will not alter charges already incurred before the new price takes effect.

7. Your data and content

You retain your rights in the contacts, audience data, message content, sender information, and other materials you provide to fonte (“Customer Data”).

You grant fonte the limited rights necessary to host, process, transmit, reproduce, and otherwise use Customer Data solely as necessary to provide, secure, support, and administer the service, comply with your authorized instructions, enforce these Terms, and comply with applicable law.

You represent that you have the rights and permissions necessary to provide Customer Data to fonte and instruct us to process it.

Our processing of personal information is also described in our Privacy Policy.

Where fonte processes personal data on your behalf and applicable law requires a data-processing agreement, the applicable fonte Data Processing Addendum governs that processing.

8. Import and export

fonte may provide tools for importing and exporting supported Customer Data, including contact information.

You remain responsible for maintaining any copies or backups of Customer Data that you require.

Exports may exclude internal system information, security information, data owned or controlled by third parties, information we are prohibited from providing, and information outside the scope of the applicable export feature.

9. Third-party services

fonte may rely on third-party services to operate the service, including infrastructure, payment, authentication, and email-delivery services.

You may also choose to connect fonte with third-party services.

Third-party services are governed by their own terms and policies. fonte is not responsible for third-party services or for changes, outages, restrictions, or actions outside fonte's reasonable control.

10. Suspension and termination

You may stop using fonte at any time.

You may request account closure by contacting privacy@fonte.is.

fonte may suspend or terminate access to all or part of the service if:

• you materially violate these Terms or the Acceptable Use Policy;
• your use creates material security, legal, abuse, financial, deliverability, or operational risk;
• amounts you owe remain unpaid;
• we are required to do so by law or by a binding requirement applicable to the service; or
• continuing to provide the service is no longer reasonably practicable.

Where reasonable under the circumstances, we will provide notice before terminating an account for reasons other than urgent safety, security, abuse, fraud, or legal concerns.

Account closure or termination does not require fonte to immediately delete information that we are required or permitted to retain. Our handling and retention of personal information is described in our Privacy Policy.

11. fonte intellectual property

fonte and its software, interfaces, documentation, designs, trademarks, logos, and other materials are owned by fonte or its licensors.

Subject to these Terms, fonte gives you a limited, non-exclusive, non-transferable, revocable right to use the service for its intended purpose.

These Terms do not transfer ownership of fonte technology or intellectual property to you.

12. Feedback

If you voluntarily provide suggestions, ideas, or feedback about fonte, you grant us the right to use that feedback without restriction or compensation to you.

This does not give fonte ownership of your Customer Data or message content.

13. Changes to the service

We may add, change, limit, or discontinue features of fonte.

We will try to provide reasonable notice when a material change would significantly affect your use of a paid service, unless earlier action is reasonably necessary for security, legal, operational, or abuse-prevention reasons.

14. Disclaimers

To the fullest extent permitted by law, fonte is provided “as is” and “as available.”

fonte disclaims warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from course of dealing or usage of trade.

We do not warrant that fonte will be uninterrupted, error-free, completely secure, or available at any particular capacity.

We do not guarantee that an email will be accepted by a delivery provider, delivered to a recipient, placed in an inbox, opened, read, or acted upon.

Nothing in these Terms excludes warranties or rights that cannot legally be excluded.

15. Limitation of liability

To the fullest extent permitted by law, fonte and its directors, officers, employees, affiliates, and suppliers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, business opportunities, goodwill, or data arising out of or related to the service.

To the fullest extent permitted by law, fonte's total aggregate liability arising out of or relating to the service or these Terms will not exceed the greater of:

1. $100; or
2. the amount you paid fonte for the service during the 12 months immediately preceding the event giving rise to the claim.

Nothing in these Terms limits liability that applicable law does not permit us to limit.

16. Indemnification

To the fullest extent permitted by law, you will defend, indemnify, and hold harmless fonte and its directors, officers, employees, and affiliates from third-party claims, damages, losses, liabilities, and reasonable legal costs arising from:

• your Customer Data or message content;
• your recipients, audience collection, or sending practices;
• your violation of applicable law;
• your violation of these Terms or the Acceptable Use Policy; or
• your infringement or violation of another person's rights.

This obligation does not apply to the extent a claim results from fonte's own unlawful conduct.

17. Changes to these Terms

We may update these Terms from time to time.

If we make a material change, we will provide reasonable notice, such as through the service, by email, or on our website.

Changes will apply prospectively from their stated effective date. Your continued use of fonte after updated Terms take effect constitutes acceptance of those updated Terms where permitted by law.

18. Governing law and disputes

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

Except where applicable law provides otherwise, any dispute arising out of or relating to these Terms or fonte will be subject to the exclusive jurisdiction of the state and federal courts located in Delaware, and you consent to their jurisdiction.

Nothing in these Terms removes any non-waivable rights or remedies available to you under applicable law.

19. General terms

These Terms, the Acceptable Use Policy, the Privacy Policy, and any other agreement expressly incorporated into these Terms constitute the agreement between you and fonte concerning the service.

If a provision of these Terms is found unenforceable, the remaining provisions remain in effect.

fonte's failure to enforce a provision is not a waiver of its right to do so later.

You may not assign these Terms without fonte's prior written consent. fonte may assign these Terms in connection with a merger, acquisition, corporate reorganization, financing, or sale of all or substantially all of its business or assets.

fonte is not responsible for delay or failure caused by circumstances beyond its reasonable control.

20. Contact

Questions about these Terms may be sent to:

Fonte Inc.
legal@fonte.is
880 3rd Ave, 5th Fl
New York, NY 10022