Terms of Service

2.1 Eligibility

To use our Services, you must:

• •Be at least 18 years of age or the age of majority in your jurisdiction
• •Have the legal capacity to enter into binding contracts
• •Not be prohibited from using the Services under applicable laws
• •Not have been previously suspended or removed from our Services

2.2 Account Registration

To access certain features of our Services, you must create an account. You agree to:

• •Provide accurate, current, and complete information during registration
• •Maintain and promptly update your account information to keep it accurate and complete
• •Maintain the security and confidentiality of your account credentials
• •Accept full responsibility for all activities that occur under your account
• •Immediately notify us of any unauthorized use or security breach
• •Not share your account credentials with any third party
• •Not create multiple accounts or use another person's account without permission

2.3 Business Accounts

If you register a business account, you represent and warrant that you have the authority to bind the business to these Terms and that the business information you provide is accurate and complete.

3.1 Subscription Tiers

We offer multiple subscription tiers with varying features, usage limits, and pricing:

• •Free Tier: Limited features for testing and evaluation
• •Starter Tier: Basic features for small businesses
• •Professional Tier: Advanced features for growing businesses
• •Enterprise Tier: Full features with custom limits and support

Current pricing and feature details are available on our website and may be updated from time to time.

3.2 Payment Terms

• •All fees are in U.S. Dollars unless otherwise stated
• •Fees are exclusive of applicable taxes, which you are responsible for paying
• •You authorize us to charge your payment method for all fees incurred
• •Payment information is processed securely through Stripe
• •You must provide valid payment information and keep it current

3.3 Billing Cycles and Automatic Renewal

Subscription fees are billed in advance on a recurring basis (monthly or annually, as selected):

• •Subscriptions automatically renew at the end of each billing period
• •You authorize us to charge your payment method for renewal fees
• •Renewal charges will be at the then-current rates
• •We will provide advance notice of any price increases
• •You can cancel automatic renewal at any time before the next billing date

3.4 Upgrades and Downgrades

• •You may upgrade or downgrade your subscription tier at any time
• •Upgrades take effect immediately; you will be charged a prorated amount
• •Downgrades take effect at the start of the next billing period
• •Downgrading may result in loss of features, content, or capacity

3.5 Cancellation and Refunds

• •You may cancel your subscription at any time through your account settings
• •Cancellations take effect at the end of the current billing period
• •You will retain access to paid features until the end of the billing period
• •We do not provide refunds for partial billing periods
• •Refunds may be provided at our sole discretion for exceptional circumstances

3.6 Failed Payments

If a payment fails, we will attempt to charge your payment method again. If payment continues to fail, we may suspend or terminate your account. You remain responsible for all unpaid fees.

3.7 Usage Limits and Overage Charges

Each subscription tier includes specific usage limits (e.g., number of campaigns, customers, emails sent):

• •Exceeding usage limits may result in additional charges or service restrictions
• •We will notify you when approaching usage limits
• •Overage charges, if applicable, will be billed at the end of the billing period

4.1 Prohibited Activities

• •Send spam, unsolicited bulk emails, or unsolicited commercial messages
• •Violate anti-spam laws (CAN-SPAM, CASL, GDPR, etc.)
• •Send messages to purchased, rented, or third-party email lists without proper consent
• •Engage in phishing, fraud, or deceptive practices
• •Distribute malware, viruses, or harmful code
• •Infringe upon intellectual property rights of others
• •Violate privacy rights or data protection laws
• •Harass, abuse, threaten, or discriminate against others
• •Promote illegal activities, violence, or hate speech
• •Attempt to gain unauthorized access to our systems or user accounts
• •Interfere with, disrupt, or overload our Services or servers
• •Reverse engineer, decompile, or disassemble our software
• •Scrape, crawl, or harvest data from our Services without permission
• •Use our Services to compete with us or develop competing products
• •Resell or redistribute our Services without authorization

4.2 Content Standards

All content you create, upload, or distribute through our Services must:

• •Comply with all applicable laws and regulations
• •Not infringe upon third-party rights
• •Be truthful and not misleading
• •Include required disclosures and opt-out mechanisms
• •Respect recipient preferences and unsubscribe requests

4.3 Compliance with Marketing Laws

You are solely responsible for ensuring your use of the Services complies with applicable marketing and communications laws, including but not limited to:

• •CAN-SPAM Act (United States)
• •CASL - Canada's Anti-Spam Legislation
• •GDPR (European Union)
• •ePrivacy Directive (European Union)
• •TCPA - Telephone Consumer Protection Act (United States)
• •Data protection laws in Middle Eastern jurisdictions

4.4 Enforcement

We reserve the right to investigate violations of this Acceptable Use Policy. Violations may result in suspension or termination of your account, removal of content, and/or legal action. We may report violations to law enforcement authorities.

5.1 Our Intellectual Property

The Services, including all content, features, functionality, software, code, designs, graphics, logos, and trademarks, are owned by Turnify and are protected by:

• •International copyright laws
• •Trademark laws
• •Patent laws
• •Trade secret laws
• •Other intellectual property laws

5.2 License to Use Services

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to:

• •Access and use the Services for your internal business purposes
• •Create, upload, and manage your marketing campaigns
• •Use features and functionality as intended

This license does not grant you any rights to our intellectual property except as expressly stated.

5.3 Your Content

You retain all ownership rights to content you create, upload, or submit through our Services ("Your Content"). By using our Services, you grant us a worldwide, non-exclusive, royalty-free license to:

• •Use, store, process, and display Your Content
• •Transmit Your Content to recipients you designate
• •Make copies for backup and redundancy purposes
• •Perform technical operations necessary to provide the Services

This license terminates when you delete Your Content or close your account, except for content that has been shared with others or is retained in backups.

5.4 Your Responsibilities for Your Content

You represent and warrant that:

• •You own or have the necessary rights to use and authorize us to use Your Content
• •Your Content does not infringe upon third-party rights
• •Your Content complies with these Terms and applicable laws
• •You have obtained all necessary consents to collect and use customer data

5.5 Feedback

If you provide us with feedback, suggestions, or ideas about our Services, you grant us an unrestricted, perpetual, irrevocable, royalty-free license to use, modify, and incorporate such feedback without compensation or attribution.

5.6 DMCA Compliance

We respect intellectual property rights. If you believe content on our Services infringes your copyright, please contact us at:

Email: legal@turnify.io

Please include: (1) identification of the copyrighted work, (2) identification of the infringing material, (3) your contact information, (4) a statement of good faith belief, and (5) a statement of accuracy under penalty of perjury.

6.1 Data Processing

In providing the Services, we act as:

• •Data Controller: For your account information and usage data
• •Data Processor: For customer data you upload and manage through our platform

6.2 Your Obligations as Data Controller

When you use our Services to process personal data of your customers, you are the data controller and must:

• •Obtain all necessary consents from data subjects
• •Provide required privacy notices and disclosures
• •Comply with all applicable data protection laws
• •Honor data subject rights (access, deletion, portability, etc.)
• •Maintain appropriate security measures
• •Only upload data you have the right to process

6.3 Data Processing Agreement

For customers subject to GDPR, our Data Processing Agreement (DPA) is incorporated into these Terms by reference. The DPA includes Standard Contractual Clauses for international data transfers and is available upon request.

6.4 Privacy Policy

Our Privacy Policy explains how we collect, use, and protect your personal information. By using our Services, you consent to our Privacy Policy.

6.5 Data Security

We implement industry-standard security measures to protect your data, including:

• •Encryption in transit (TLS 1.3) and at rest (AES-256)
• •Access controls and authentication mechanisms
• •Regular security audits and monitoring
• •Secure backup and disaster recovery procedures

6.6 Data Backup and Recovery

While we maintain regular backups of data, you are responsible for maintaining your own backups of critical data. We are not liable for any data loss.

7.1 Service Level

We strive to maintain high availability of our Services:

• •Target uptime: 99.9% (excluding scheduled maintenance)
• •Scheduled maintenance will be announced in advance when possible
• •Emergency maintenance may occur without advance notice

We do not guarantee uninterrupted access and are not liable for downtime or service interruptions.

7.2 Service Modifications

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice. We are not liable for any modifications, suspensions, or discontinuations.

7.3 Customer Support

Support availability varies by subscription tier:

• •Free Tier: Email support, best-effort response
• •Starter Tier: Email support, 48-hour response time
• •Professional Tier: Priority email support, 24-hour response time
• •Enterprise Tier: Dedicated support, phone support, custom SLA

7.4 Third-Party Services

Our Services integrate with third-party services (email providers, SMS services, payment processors). We are not responsible for the availability, performance, or actions of third-party services.

8.1 Your Warranties

You represent and warrant that:

• •You have the authority to enter into these Terms
• •Your use of the Services complies with all applicable laws
• •You have obtained all necessary rights and consents for Your Content
• •Your Content does not violate third-party rights

8.2 Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• •Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
• •Warranties regarding accuracy, reliability, or completeness of content
• •Warranties that the Services will be uninterrupted, secure, or error-free
• •Warranties regarding results or outcomes from using the Services

8.3 No Guarantee of Results

We do not guarantee any specific results, outcomes, or performance metrics from your use of the Services. Marketing results depend on many factors outside our control.

9.1 Types of Damages Excluded

We are not liable for damages resulting from:

• •Your use or inability to use the Services
• •Unauthorized access to or alteration of your data
• •Deletion, corruption, or loss of data
• •Service interruptions or downtime
• •Errors, bugs, or defects in the Services
• •Third-party content, products, or services
• •Your violation of these Terms or applicable laws
• •Actions or inactions of other users

9.2 Maximum Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) $100 USD.

9.3 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

9.4 Basis of the Bargain

You acknowledge that the limitations of liability in this section are fundamental elements of the agreement between you and Turnify, and that we would not be able to provide the Services on an economically reasonable basis without these limitations.

11.1 Termination by You

You may terminate your account at any time by canceling your subscription through your account settings or by contacting us. Termination takes effect at the end of your current billing period.

11.2 Termination by Us

We may suspend or terminate your account immediately, without prior notice or liability, for any reason, including but not limited to:

• •Violation of these Terms or our policies
• •Fraudulent, illegal, or abusive activity
• •Non-payment of fees
• •Excessive complaints or abuse reports
• •Risk to our Services, users, or reputation
• •Legal or regulatory requirements

11.3 Effect of Termination

Upon termination:

• •Your right to use the Services immediately ceases
• •You remain liable for all fees incurred prior to termination
• •We may delete your account and data after 90 days
• •You should export any data you wish to retain before termination
• •Sections that by their nature should survive termination will survive

11.4 Data Retrieval

You have 30 days after termination to export your data. After this period, we may permanently delete your data. We are not obligated to retain or provide data after the retention period.

12.1 Informal Resolution

Before filing a claim, you agree to contact us at legal@turnify.io to attempt to resolve the dispute informally. We will attempt to resolve the dispute within 60 days.

12.2 Arbitration Agreement

If informal resolution fails, you agree that any dispute arising out of or related to these Terms or the Services will be resolved through binding arbitration, except that:

• •Either party may seek injunctive relief in court
• •Either party may bring claims in small claims court

Arbitration will be conducted by a neutral arbitrator in accordance with applicable arbitration rules. The arbitrator's decision will be final and binding.

12.3 Class Action Waiver

YOU AGREE THAT DISPUTES WILL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY, AND NOT AS A CLASS ACTION, CONSOLIDATED ACTION, OR REPRESENTATIVE ACTION. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

12.4 Exceptions for Certain Jurisdictions

If you are located in a jurisdiction that prohibits arbitration or class action waivers (such as the European Union), the arbitration and class action waiver provisions do not apply to you.

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to its conflict of law principles.

13.2 Jurisdiction

Subject to the arbitration provisions above, you agree to submit to the exclusive jurisdiction of the courts located in [Your Jurisdiction] for any disputes not subject to arbitration.

13.3 International Users

If you access our Services from outside [Your Jurisdiction], you do so at your own risk and are responsible for compliance with local laws.

14.1 Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Turnify regarding the Services and supersede all prior agreements.

14.2 Amendments

We may modify these Terms at any time by posting the updated Terms on our website. Material changes will be notified via email or prominent notice. Your continued use of the Services after changes constitutes acceptance.

14.3 Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision. No waiver of any provision shall be deemed a further or continuing waiver.

14.4 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect. Invalid provisions will be modified to the minimum extent necessary to make them valid and enforceable.

14.5 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms without restriction. Any attempted assignment in violation of this section is void.

14.6 Force Majeure

We are not liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, riots, labor disputes, or internet/telecommunications failures.

14.7 Export Controls

You agree to comply with all applicable export and import control laws and regulations. You may not use the Services in violation of any export restrictions or embargoes.

14.8 Government Use

If you are a U.S. government entity, the Services are "Commercial Items" as defined in FAR 2.101, and are provided with only those rights as are granted to all other end users under these Terms.

14.9 Relationship of Parties

These Terms do not create any agency, partnership, joint venture, employment, or franchisee relationship between you and Turnify.

14.10 Third-Party Beneficiaries

There are no third-party beneficiaries to these Terms. These Terms are for the sole benefit of the parties and their permitted successors and assigns.

14.11 Notices

Notices to you may be sent via email or posted on our website. Notices to us should be sent to:

Email: legal@turnify.io
Mail: Turnify Legal Team, [Your Complete Business Address]

14.12 Language

These Terms are written in English. Any translations are provided for convenience only. In case of conflict, the English version prevails.