Terms & Conditions

Please read these Terms & Conditions ("Terms") carefully before using the trkl Mail Scheduler web application ("Service"). By registering an account or using the Service, you agree to be bound by these Terms. If you do not agree, you must not access or use the Service.

1. Who We Are

The Service is operated by trkl ("we", "us", or "our"). For support, contact us via email at [email protected].

2. What the Service Is

trkl is a personal mail scheduling and template personalization utility. We do not operate an outbound mail transport agent, shared email IP server pools, or send emails on your behalf. The Service facilitates the generation and timing of emails, which are transmitted exclusively using the SMTP server credentials supplied and authenticated by you (the "User"). Deliverability, domain reputation, and server-transport rules are entirely governed by the relationship between you and your SMTP provider.

3. Eligibility and Account Responsibility

You must be at least 18 years of age (or the age of digital consent in your jurisdiction) to contract with us. You are solely responsible for maintaining the confidentiality of your login credentials and for all activities occurring under your account. Multi-tenant account sharing or registering multiple free-tier accounts for a single user is strictly prohibited unless explicitly authorized in writing.

4. Acceptable Use Policy

This section governs the risk-management of our Service. By uploading contact lists, creating templates, or initiating campaigns, you warrant and represent that:

• Every recipient email address has explicitly opted-in or possesses a valid, lawful legal basis (e.g. transactional, contractual, or existing customer relationship) to receive emails from you.
• You will comply with all applicable local, regional, and international anti-spam laws, including but not limited to the CAN-SPAM Act, UK PECR, EU GDPR, and CASL.
• You will not upload scraped, purchased, rented, or third-party mailing lists.
• You will not use the Service for phishing, distribution of malware, harassment, defamation, impersonation, or transmitting illegal content.
• You are solely responsible for manual opt-out/unsubscribe processing. Since the Service does not automatically inject unsubscribe links or manage centralized opt-out suppression lists, you must manually exclude any recipients who ask to stop receiving your communications.

We reserve the right to suspend or terminate your account, or immediately pause active campaigns, on reasonable suspicion of a breach of this Acceptable Use Policy, pending or in lieu of investigation, to protect our infrastructure and reputation.

5. SMTP and Third-Party Services

Your connected SMTP provider has its own Terms of Service, limits, and authentication rules. We are not a party to your relationship with your SMTP provider and cannot be held liable if your SMTP provider rate-limits, suspends, or terminates your email sending privileges or domain access due to campaigns dispatched via trkl.

6. Payments and Upgrades

Upgraded plan tiers are billed through Stripe Checkout. Prices are subject to change, but existing active subscriptions are grandfathered at their initial pricing tier for the continuous life of their subscription. If an upgraded subscription lapses or fails, you must resubscribe at then-current rates. All payments are non-refundable. You can cancel your subscription at any time via the Billing portal, and upgraded access will persist until the end of the current billing interval.

7. Disclaimers of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO WARRANTY, EXPRESS OR IMPLIED, REGARDING THE UPTIME, INTERRUPTIONS, OR ERROR-FREE OPERATIONS OF THE SERVICE. WE DO NOT GUARANTEE SUCCESSFUL INBOX DELIVERY, AS TRANSPORT AND CLASSIFICATION (SPAM FILTERING) ARE BEYOND OUR CONTROL AND LOGICALLY HANDLED BY THIRD-PARTY SMTP SERVERS AND INCOMING EMAIL SERVERS.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR REPUTATIONAL DAMAGES (INCLUDING LOSS OF PROFITS, DATA, OR REVENUE). OUR MAXIMUM AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM THE SERVICE IS LIMITED TO THE LESSER OF THE TOTAL PAYMENTS RECEIVED FROM YOU IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR $10.00 USD FOR FREE TIER USERS.

9. Indemnification

You agree to indemnify, defend, and hold harmless trkl and its operators from and against any and all claims, liabilities, damages, losses, and costs (including reasonable legal and professional fees) arising out of or in connection with: (a) your uploaded recipient lists or the lack of lawful consent to message them; (b) the contents of campaigns sent via the Service; (c) your breach of the Acceptable Use Policy; or (d) your general misuse or unauthorized use of the Service.

10. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of England and Wales. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.

11. Changes to Terms

We may update these Terms from time to time. We will indicate the "Last updated" date at the top of this page. Your continued use of the Service after changes are published constitutes your acceptance of the updated Terms. Material updates will prompt a consent dialog upon your next login.