1. Acceptance of Terms

Welcome to via.email ("Service," "we," "us," or "our"). These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "Customer") and via.email governing your access to and use of our AI-powered email agent services, website, and related infrastructure.

BY SENDING AN EMAIL TO ANY VIA.EMAIL ADDRESS, REGISTERING FOR AN ACCOUNT, OR OTHERWISE ACCESSING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS.

If you are entering into these Terms on behalf of a company, organization, or other legal entity, you represent that you have the authority to bind such entity to these Terms, in which case the terms "you" or "User" shall refer to such entity. If you do not have such authority, or if you do not agree with these Terms, you must not accept these Terms and may not use the Service.

2. Description of Service

via.email provides an interface for interacting with Artificial Intelligence ("AI") models directly through email protocols. The Service allows users to create custom "Agents" by sending instructions to specific email addresses, which then process input data and return generated text, code, or analysis.

2.1. Nature of Email-Based Service

You acknowledge that via.email operates without a traditional web-based dashboard or mobile application. All interactions, including account management, billing updates, and service usage, occur via email command protocols (e.g., emailing create@via.email or plan@via.email). These Agents function as responsive tools that generate replies solely based on your initiated commands.

2.2. AI Output Disclaimer

The Service utilizes third-party Large Language Models (LLMs) to generate responses. You acknowledge that AI is probabilistic and may produce inaccurate, offensive, or hallucinated content. We make no warranties regarding the accuracy, reliability, or suitability of the AI-generated output for professional, medical, legal, or financial use. You are solely responsible for reviewing and verifying all output before use.

3. Account Registration and Security

3.1. Password-less Authentication

We utilize a password-less authentication system. Access to your account is granted via "magic links" sent to your registered email address. You are solely responsible for maintaining the security of your email inbox. Any action taken via your email address is deemed to be taken by you.

3.2. Strict Verification and Double Opt-In

To ensure the integrity of our network and comply with anti-spam regulations, we employ a strict Confirmed Opt-In (Double Opt-In) process. Upon your initial interaction or sign-up request, we will send a verification link to your email address. You must click this link to verify your identity before your account becomes active or capable of sending/receiving further emails.

3.3. Account Requirements

You must be at least 18 years of age to use the Service. You agree to provide current, complete, and accurate information when prompted by our system and to update this information to keep it current. The use of temporary, disposable, or alias email addresses to bypass verification or list hygiene measures is strictly prohibited.

4. Acceptable Use Policy (AUP)

To protect our sending reputation and infrastructure, strict adherence to this AUP is a condition of your use of via.email. Violation of these provisions will result in immediate account suspension or termination.

4.1. Prohibited Content

You may not use the Service to generate, promote, or disseminate content related to:

• High-Risk Financial Services: Payday loans, debt collection, credit repair, cryptocurrency schemes, or "get rich quick" offers.
• Regulated Goods: Illegal drugs, pharmaceuticals, medical supplements, weapons, or gambling services.
• Malicious Content: Malware, phishing links, or social engineering attacks.
• Adult Content: Pornography or sexually explicit material.

4.2. Anti-Spam and Outreach Restrictions

via.email is designed as a responsive productivity tool, not a marketing platform. You explicitly agree NOT to use the Service for:

• Unsolicited Bulk Email (Spam): Sending emails to recipients who have not explicitly requested to receive communications from you.
• Cold Lead Generation: Sending "cold" emails to lists purchased, rented, or scraped from the internet.
• Affiliate Marketing: Promoting multi-level marketing (MLM) or affiliate link schemes.

4.3. Infrastructure Abuse

You agree not to:

• Reverse engineer or attempt to extract the source code or underlying prompts of our Agents.
• Send high-volume traffic that disrupts the Service (DoS attacks).
• Create agents intended to bypass third-party API restrictions or filters.
• Use the Service in any manner that violates the Acceptable Use Policies of our upstream providers.

5. Service Delivery and Reputation Management

5.1. Bounce and Complaint Thresholds

We actively monitor the delivery metrics of all accounts. To maintain the health of our shared IP pools, you are required to maintain:

• A Bounce Rate (invalid email addresses) below 5%.
• A Complaint Rate (recipients marking emails as spam) below 0.1%.

5.2. Automated Suppression

We reserve the right to automatically suppress sending capabilities to any email address that results in a "Hard Bounce" or a spam complaint. Repeated attempts to email invalid addresses may result in account termination.

5.3. Third-Party Blocking

You acknowledge that email delivery is subject to the policies of third-party mail providers (e.g., Gmail, Outlook) and corporate firewalls. We are not liable for messages delayed or blocked by recipient filters.

6. Payment, Credits, and Subscription

6.1. Subscription Plans

We offer various subscription tiers ("Plans") which grant specific quotas for Agent creation and usage credits.

6.2. Billing Authorization

By providing a payment method, you authorize us (via our third-party processor, Stripe) to charge the applicable subscription fees on a recurring monthly or annual basis until you cancel.

6.3. Usage Credits and Rollover

Certain tasks consume "Credits" based on computational complexity.

• Overage: If you exhaust your credits, service will pause until the next billing cycle or until you upgrade your plan.
• Rollover Cap: Unused credits may roll over to the next month, up to a maximum cap of 2x your monthly plan allowance.
• Downgrades: If you downgrade to a Free tier, all accumulated credits and data associated with paid features are forfeited at the end of the current billing cycle.

6.4. Cancellation and Refunds

You may cancel your subscription at any time by emailing plan@via.email. Cancellation prevents future billing but does not trigger a refund for the current period. Service remains active until the end of the billing cycle.

• Refund Policy: Refunds are granted solely at our discretion and are typically reserved for instances where the Service was verified to be technically unusable due to our system errors. We do not provide "no-questions-asked" refunds.

7. Intellectual Property Rights

7.1. Our IP

via.email, its underlying code, the "Agent" routing architecture, and all documentation are the exclusive property of via.email and its licensors.

7.2. Your Content

You retain ownership of the emails you send to the Service ("Input").

7.3. Ownership of Output

Subject to your compliance with these Terms and payment of applicable fees, via.email assigns to you all right, title, and interest in and to the specific output generated by the Agents in response to your Input.

8. Confidentiality and Zero-Data Retention

8.1. Data Handling

We operate on a Zero-Data Retention architecture. While we process your Input to generate Output, we do not store the body content of your emails or the AI-generated responses after the transaction is complete, except as required for transient processing logs or legal compliance.

8.2. No Training on User Data

We contractually ensure that your Input and Output are NOT used to train our internal AI models or the models of our third-party providers.

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, VIA.EMAIL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, VIA.EMAIL SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR BUSINESS REPUTATION, ARISING OUT OF YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF THESE TERMS SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO VIA.EMAIL IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

11. Indemnification

You agree to indemnify, defend, and hold harmless via.email, its officers, directors, and employees from any claims, liabilities, damages, and expenses (including legal fees) arising from: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any third-party right, including intellectual property or privacy rights; or (d) any content you submit or generate through the Service that violates applicable law.

12. Dispute Resolution and Arbitration

12.1. Binding Arbitration

Any dispute arising out of or relating to these Terms or the Service shall be resolved through binding arbitration conducted by the American Arbitration Association (AAA), rather than in court.

12.2. Class Action Waiver

YOU AND VIA.EMAIL 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 PROCEEDING.

13. General Provisions

13.1. Modifications

We may update these Terms from time to time. If changes are material, we will notify you via email. Continued use of the Service constitutes acceptance of the changes.

13.2. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

13.3. Governing Law

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

13.4. Contact

Legal notices should be sent to:via.email Legal Department at:

Address: 5B-1, 285 Anyuan Road, Jing'an District, Shanghai, 200040, China

Email: support@team.via.email

14. Electronic Communications

By creating an account, you consent to receive electronic communications from us related to your account and the Service. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

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