Terms of service — Bird Email API (formerly SparkPost)

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• Terms last updated Report an error

  “Last updated: 21 November 2024”

• Services commercial only Report an error

  “The Services are designed and intended for commercial use only and are not intended for personal or private individual or consumer use.”

• No emergency services Report an error

  “our Services do not provide access to emergency services or emergency service providers including the police, fire departments, or hospitals”

• Beta products discontinuation Report an error

  “we may discontinue beta features at any time without notice”

• Quotations non binding Report an error

  “Unless explicitly specified otherwise in the price quotation or by us in writing, all price quotations are non-binding and may be adjusted at any time”

• Fees default currency Report an error

  “If no currency is specified, Fees are in Euros.”

• Prepaid balance expiry Report an error

  “will lapse if you do not use the Prepaid Balance within one year after the purchase date of the Prepaid Balance”

• Prepaid non refundable Report an error

  “we are not obliged to refund any Prepaid Balance, including in circumstances where we suspend or deactivate your account because of non-compliance with this Agreement”

• Invoice payment terms days Report an error

  “you will pay the Fees due within fifteen (15) days of the date of the invoice”

• Late fee Report an error

  “assess and apply a late fee of the lesser of 1.5% per month on the value of the unpaid Fees or the maximum amount allowable by applicable law”

• Taxes exclusive Report an error

  “All Services Fees are exclusive of any (a) applicable taxes, levies, duties, or other similar exactions”

• Surcharges exclusive Report an error

  “All Services Fees are exclusive of any applicable government, regulatory, or communications service (for example, over the top communications providers or electronic communication provider (e.g., carrier)) fees or surcharges”

• Payment dispute window days Report an error

  “You must notify us in writing within fifteen (15) days of the invoice date for any Fees that you wish to dispute, or you will not be able to bring a dispute.”

• Fees non refundable Report an error

  “Payment obligations are non-cancelable and Services Fees, Taxes, and Communications Surcharges (collectively, "Fees") once paid, are non-refundable to the greatest extent permitted by applicable law.”

• Ownership provider data Report an error

  “We own and reserve all intellectual property rights in and to any data that is derived from the use of the Services”

• Ownership customer data Report an error

  “You exclusively own and reserve all intellectual property rights in and to each Customer Application and Customer Data.”

• DPA incorporated Report an error

  “Your agreement to these Terms constitutes agreement to the terms of the Data Processing Agreement, which is incorporated into these Terms by reference.”

• Publicity rights Report an error

  “You grant us the right to use your name, logo, and a description of your use case to refer to you on our website, customer lists, or marketing or promotional materials, subject to your standard trademark usage guidelines expressly provided to us.”

• Resale prohibited Report an error

  “We do not permit resale of our Services under these Terms. To be permitted to resell our Services, you must become an approved Partner and enter into a separate resale agreement with us.”

• Service changes notice Report an error

  “We agree such changes to the Service will not materially diminish the overall features or functionality of the Services.”

• Security program Report an error

  “maintain a written and comprehensive information security program which includes appropriate physical, technical, and administrative controls to protect the security, integrity, confidentiality, and availability of Customer Data”

• Warranty material performance Report an error

  “We represent and warrant that, during the Term, the Services will perform materially as set out in the applicable Documentation.”

• Overage fees Report an error

  “If your use of the Services exceeds those Limitations, you will pay the applicable Overage Fee listed for such Services in the Order Form or as described on a Site.”

• Addons billing Report an error

  “If you add on a feature or service that has an additional fee, this may be deducted from your Prepaid Balance (as defined below) or you will be billed that additional amount, with each billing cycle for as long as the add-on is active.”

• Partner sales agreement precedence Report an error

  “In the event of any conflict or inconsistency between this Agreement and the Partner Sales Agreement, this Agreement exclusively governs and shall take precedence in respect of the Services provided by us.”

• Prepaid automatic topup Report an error

  “your Prepaid Balance may be subject to automatic top-up via a valid credit card, direct debit, standing order or other analogous automatic payment method.”

• Credit limit invoicing Report an error

  “If you are subject to a credit limit, we may invoice you when (and each time) the credit limit is reached”

• Disclosure policy Report an error

  “in response to an emergency disclosure request (as described in our Disclosure Requests Policy)”

• Reserved rights Report an error

  “We reserve the right to select the technical methods necessary to ensure and/or optimize delivery of the Services in accordance with this Agreement.”

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