These terms set the rules for using NuMail — what you can send, how we bill, who owns the data, and where the lines are. We've kept the language as plain as a contract can be.
These Terms of Service (the “Terms”) are a binding agreement between you — and, if you act on behalf of a company, that company (“you” or “Customer”) — and NuMail (“NuMail,” “we,” “us”). They govern your access to and use of the NuMail platform, dashboard, API, MCP server, SDKs, and related services (together, the “Service”).
By creating an account, clicking “I agree,” connecting a mailbox, calling the API, or otherwise using the Service, you accept these Terms and our Privacy Policy, which is incorporated here by reference. If you do not agree, do not use the Service.
If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity, and “you” refers to that entity. You must be able to form a binding contract with us under applicable law.
If your use of the Service is also governed by a separately signed master services agreement (an “MSA”) — for example, on the Agency plan — that signed agreement controls to the extent it conflicts with these Terms.
NuMail is cold-email infrastructure for agencies, founders, and AI agents. The Service lets you send email through mailboxes that you connect and control — via the Gmail API, Microsoft Graph, or your own SMTP credentials — and provides sending orchestration, reply detection and classification, AI-assisted draft replies, a shared cross-customer warmup pool, analytics, and (on eligible plans) Stripe-Connect white-label sub-billing for agencies.
The Service is delivered as software-as-a-service. We may add, change, or remove features; deprecate API endpoints (with a sunset window per our API versioning policy); and perform maintenance. We will use commercially reasonable efforts to give advance notice of material changes that adversely affect core functionality.
To use the Service you must register for an account and provide accurate, current, and complete information. You are responsible for keeping that information up to date.
You are responsible for safeguarding your credentials, API keys (which carry the prefix nm_live_), and OAuth grants to connected mailboxes. You are responsible for all activity under your account, whether or not authorized by you. Notify us promptly at security@numail.ai if you suspect unauthorized access. We are not liable for losses arising from compromised credentials that you failed to protect.
If you create sub-workspaces for end-clients (for example, on the Agency plan), you are responsible for your sub-workspace users' compliance with these Terms as if their acts were your own, and for ensuring your own agreement with them is no less protective of NuMail than these Terms.
This is the most important section in this document. Cold email is legitimate when it is targeted, relevant, and compliant. It becomes spam — and a violation of these Terms — when it is not. You are solely responsible for the recipients you contact and the content you send.
You represent and warrant that, for every message you send through the Service, you have a lawful basis to contact the recipient. Depending on the recipient and jurisdiction, that means one or more of the following:
You will not, and will not permit any user or sub-workspace to:
Bounce and complaint thresholds, sending-volume ramps, and warmup behavior are enforced automatically and at our discretion. Repeated or egregious violations may result in permanent removal without refund.
Paid plans are billed in advance on a recurring monthly basis (or annually, where offered) through our payment processor. By subscribing, you authorize us to charge your payment method for all fees as they become due. Current plans:
| Plan | Price | Billing |
|---|---|---|
| Starter | $149/mo | Monthly, recurring |
| Pro | $349/mo | Monthly, recurring |
| Agency | $699/mo | Monthly, recurring |
Sends beyond your plan's included volume are billed as overage at $0.10 per 1,000 additional emails, metered per billing period and charged on your next invoice. Overage usage is visible in real time at /v1/billing/usage and in the dashboard.
Fees are exclusive of taxes. You are responsible for all applicable sales, use, VAT, GST, and similar taxes, excluding taxes based on our net income. If we are required to collect such taxes, they will be added to your invoice.
Except where required by law, fees are non-refundable, and we do not provide refunds or credits for partial billing periods, unused volume, or downgrades mid-cycle. Overage charges already incurred are non-refundable. If you believe you have been billed in error, contact billing@numail.ai within 30 days of the charge and we will review it in good faith.
If you bill your own end-clients through Stripe Connect, you are the merchant of record for those transactions. You are responsible for your clients' charges, chargebacks, refunds, and tax obligations. NuMail's platform and per-sub-workspace fees are charged to you regardless of whether you collect from your clients.
As between you and NuMail, you own your Customer Data. You grant us a worldwide, non-exclusive license to host, process, transmit, and display Customer Data solely as needed to provide, secure, and improve the Service, to detect abuse, and as otherwise permitted by these Terms and our Privacy Policy.
Where we process personal data on your behalf, we act as a processor (or service provider) and you act as the controller. Our Data Processing Addendum, available on request, governs that processing and is incorporated into these Terms when it applies to you.
AI-assisted reply drafting and classification process the relevant message context to generate suggestions. We do not use your Customer Data to train foundation models for third parties. Drafts are suggestions only; you are responsible for reviewing and approving any message before it is sent.
You can export and delete Customer Data through the Service, including hard-deletion endpoints for individual records to support data-subject requests. On termination, you may export your data during a 30-day window, after which we may delete it, subject to legal retention requirements.
The Service, including all software, APIs, SDKs, documentation, designs, and the NuMail name and logos, is owned by NuMail and its licensors and is protected by intellectual-property laws. Except for the limited right to use the Service under these Terms, no rights are granted to you, by implication or otherwise.
You will not copy, modify, distribute, sell, sublicense, reverse-engineer, or create derivative works of the Service, except to the extent that restriction is prohibited by law or expressly permitted (for example, using our published open-source SDKs under their own licenses).
If you send us feedback, ideas, or suggestions, you grant us a perpetual, irrevocable, royalty-free license to use them without restriction or obligation to you.
We claim no ownership of your campaign copy, branding, or Customer Data. You grant only the licenses described in Section 06.
Each party represents that it has the authority to enter into these Terms. You additionally warrant that your use of the Service, your Customer Data, and your campaigns comply with all applicable laws, including the anti-spam obligations in Section 04.
Except as expressly stated, the Service is provided “as is” and “as available,” without warranties of any kind, whether express, implied, or statutory. NuMail disclaims all implied warranties, including merchantability, fitness for a particular purpose, title, and non-infringement.
We do not warrant that the Service will be uninterrupted, error-free, or secure; that any specific deliverability, open, reply, inbox-placement, or booking rate will be achieved; or that reply-detection latency, AI drafts, or classifications will be accurate in every case. Email delivery and inbox placement depend on third parties (mailbox providers, receiving networks, filters) outside our control.
To the maximum extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, goodwill, or data, arising out of or related to these Terms or the Service, even if advised of the possibility of such damages.
NuMail's total aggregate liability for all claims arising out of or related to these Terms or the Service will not exceed the amounts you actually paid to NuMail for the Service in the twelve (12) months immediately preceding the event giving rise to the claim.
These limitations apply to all theories of liability and form an essential basis of the bargain between us. Some jurisdictions do not allow certain exclusions, so some of the above may not apply to you; in that case our liability is limited to the maximum extent permitted.
You will defend, indemnify, and hold harmless NuMail and its officers, directors, employees, and agents from and against any third-party claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to:
We will promptly notify you of the claim, give you control of the defense (with our right to participate using our own counsel), and reasonably cooperate. You may not settle any claim in a way that imposes liability or an admission on NuMail without our prior written consent.
You may stop using the Service and cancel your subscription at any time from the dashboard. We may suspend or terminate your access:
On termination, your right to use the Service ends, and we may disable your account and connected mailboxes. Sections that by their nature should survive — including data ownership and licenses (06), IP (07), disclaimers (08), liability (09), indemnification (10), and governing law (12) — survive termination. Termination does not relieve you of fees accrued before the effective date.
These Terms are governed by the laws of the State of Wyoming, USA, without regard to its conflict-of-laws rules. The parties submit to the exclusive jurisdiction of the state and federal courts located in Wyoming for any dispute that is not subject to arbitration, where applicable. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
We may update these Terms from time to time. If we make material changes, we will provide notice by email or through the Service before they take effect, and we will update the “Last updated” date above. Material changes take effect no sooner than 30 days after notice, except where a shorter period is required to address legal or security matters.
Your continued use of the Service after changes become effective constitutes acceptance. If you do not agree to the revised Terms, you must stop using the Service and may cancel your subscription.
Questions about these Terms, or notices required under them, should be directed to our legal team. We read everything sent here.
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