Terms of Service

Last updated: September 27, 2026

1. Acceptance of Terms

By accessing or using WhopMail ("we," "our," or "us"), including our website, platform, and services (collectively, the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use our Service.

These Terms constitute a legally binding agreement between you and WhopMail. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

2. Description of Service

WhopMail is an email marketing and communication platform that provides the following services:

  • Email Marketing: Create, design, send, and manage email campaigns and newsletters
  • SMS Messaging: Send and manage SMS/text message campaigns
  • Contact Management: Organize and manage contact lists and audiences
  • CRM Features: Customer relationship management tools and contact insights
  • Email Automation: Create automated email workflows and triggers
  • Analytics and Reporting: Track email and SMS performance, engagement metrics, and campaign analytics
  • Form Builder: Create and manage embedded forms for lead generation
  • API Access: Programmatic access to our platform through our API
  • Integration Services: Connect with third-party platforms and services

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice.

3. Account Requirements and Registration

3.1 Account Eligibility

To use our Service, you must:

  • Be at least 18 years of age or the age of majority in your jurisdiction
  • Have a valid Whop account with appropriate admin access
  • Provide accurate, current, and complete information during registration
  • Maintain and update your account information to keep it accurate
  • Be authorized to use the Service on behalf of your organization (if applicable)

3.2 Account Security

You are responsible for:

  • Maintaining the confidentiality of your account credentials
  • All activities that occur under your account
  • Notifying us immediately of any unauthorized access or security breach
  • Using strong passwords and enabling two-factor authentication when available
  • Protecting your API keys and not sharing them with unauthorized parties

3.3 Account Suspension and Termination

We reserve the right to suspend or terminate your account if:

  • You violate these Terms or our Acceptable Use Policy
  • You engage in fraudulent, illegal, or harmful activities
  • You fail to pay subscription fees when due
  • You use the Service in a manner that damages our reputation or infrastructure

4. Acceptable Use Policy

Your use of the Service must comply with our Acceptable Use Policy, which is incorporated into these Terms by reference. Key requirements include:

4.1 Prohibited Activities

You agree not to:

  • Send spam, unsolicited emails, or messages that violate anti-spam laws
  • Send emails or SMS messages containing illegal, harmful, or offensive content
  • Engage in phishing, fraud, or deceptive practices
  • Distribute malware, viruses, or malicious code
  • Harass, abuse, or threaten others
  • Violate intellectual property rights of others
  • Impersonate others or misrepresent your identity
  • Interfere with or disrupt the Service or servers
  • Attempt to gain unauthorized access to any part of the Service
  • Use the Service for any illegal purpose

4.2 Email Marketing Compliance

You must comply with all applicable email marketing laws, including:

  • CAN-SPAM Act: Include accurate sender information, provide unsubscribe options, and honor opt-out requests
  • GDPR: Obtain proper consent, provide privacy notices, and respect data subject rights
  • CCPA: Comply with California privacy requirements
  • CASL: Comply with Canadian anti-spam legislation if sending to Canadian recipients
  • Other applicable local, state, and national laws

4.3 SMS Marketing Compliance

You must comply with SMS marketing laws, including:

  • TCPA: Obtain prior express written consent, provide opt-out mechanisms, and honor STOP requests
  • CTIA Guidelines: Follow best practices for SMS marketing
  • State and local regulations regarding SMS communications

4.4 Rate Limiting and Abuse Prevention

We implement rate limiting and abuse prevention measures to protect our infrastructure and maintain service quality. You agree to:

  • Respect rate limits and sending quotas
  • Not attempt to circumvent rate limiting or abuse prevention systems
  • Maintain healthy email lists and follow best practices
  • Monitor and manage bounce rates, complaint rates, and engagement metrics

5. User Responsibilities

5.1 Content and Data

You are solely responsible for:

  • All content you create, upload, or send through the Service
  • Obtaining proper consent from recipients before sending marketing communications
  • Ensuring your content complies with applicable laws and regulations
  • Maintaining accurate and up-to-date contact lists
  • Respecting the privacy and preferences of your recipients

5.2 Legal Compliance

You agree to:

  • Comply with all applicable laws, regulations, and industry standards
  • Obtain necessary licenses, permits, or authorizations for your use of the Service
  • Not use the Service in any jurisdiction where such use is prohibited
  • Comply with data protection laws (GDPR, CCPA, etc.) when processing personal data
  • Maintain records of consent and opt-in confirmations as required by law

5.3 Third-Party Services

If you integrate third-party services with our Service, you are responsible for:

  • Ensuring you have the right to use and share data with those services
  • Complying with the terms of service of third-party platforms
  • Maintaining the security of API keys and integration credentials

6. Intellectual Property

6.1 Our Intellectual Property

The Service, including its design, features, functionality, and content, is owned by WhopMail and protected by copyright, trademark, and other intellectual property laws. You may not:

  • Copy, modify, or create derivative works of the Service
  • Reverse engineer, decompile, or disassemble any part of the Service
  • Remove or alter any copyright, trademark, or proprietary notices
  • Use our trademarks or logos without prior written permission

6.2 Your Content

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

  • Use, store, and process Your Content to provide the Service
  • Display and distribute Your Content as directed by you
  • Create backups and maintain Your Content for service continuity

You represent and warrant that you have all necessary rights to grant this license and that Your Content does not infringe any third-party rights.

7. Payment Terms

7.1 Subscription Plans

Our Service is offered through subscription plans with different features and pricing. By subscribing, you agree to:

  • Pay all fees associated with your selected plan
  • Pay fees in advance for the billing period (monthly or annual)
  • Automatic renewal of your subscription unless cancelled

7.2 Free Trials

Some plans may include a free trial period. If you cancel before the trial ends, you will not be charged. If you do not cancel, your subscription will automatically convert to a paid plan at the end of the trial.

7.3 Payment Processing

Payments are processed through Whop's payment system. You agree to provide accurate payment information and authorize us to charge your payment method for all fees.

7.4 Refunds

Refund policies are detailed in our Refund and Cancellation Policy. Generally, subscription fees are non-refundable except as required by law or as specified in our refund policy.

7.5 Price Changes

We reserve the right to modify our pricing at any time. We will provide at least 30 days' notice of price increases for existing subscriptions. Price changes will apply to your next billing cycle.

7.6 Failed Payments

If payment fails, we may suspend or terminate your account. You are responsible for any fees incurred due to failed payments, including bank fees or collection costs.

8. Service Availability and Maintenance

8.1 Service Availability

We strive to maintain high service availability but do not guarantee uninterrupted or error-free service. The Service may be unavailable due to:

  • Scheduled maintenance and updates
  • Unscheduled maintenance or technical issues
  • Third-party service outages
  • Force majeure events

8.2 Maintenance

We may perform maintenance that temporarily interrupts service. We will provide advance notice when possible, but emergency maintenance may occur without notice.

8.3 Service Modifications

We reserve the right to modify, update, or discontinue features of the Service at any time. We will provide reasonable notice of material changes when possible.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED
  • WE DISCLAIM ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
  • WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
  • WE SHALL NOT BE LIABLE FOR LOSS OF PROFITS, REVENUE, DATA, OR USE
  • OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM

Some jurisdictions do not allow the exclusion of certain warranties or limitations of liability, so some of the above limitations may not apply to you.

10. Indemnification

You agree to indemnify, defend, and hold harmless WhopMail, its affiliates, officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

  • Your use of the Service
  • Your violation of these Terms
  • Your violation of any law or regulation
  • Your infringement of any third-party rights
  • Content you create, upload, or send through the Service

11. Termination

11.1 Termination by You

You may terminate your account at any time by:

  • Cancelling your subscription through your account settings
  • Contacting us at the email address provided below

Termination will be effective at the end of your current billing period, unless you request immediate termination.

11.2 Termination by Us

We may suspend or terminate your account immediately if:

  • You violate these Terms or our Acceptable Use Policy
  • You engage in fraudulent or illegal activities
  • You fail to pay subscription fees
  • You use the Service in a manner that harms our infrastructure or reputation
  • Required by law or court order

11.3 Effect of Termination

Upon termination:

  • Your right to use the Service will immediately cease
  • We may delete your account data and content (subject to our data retention policies)
  • You remain responsible for all fees incurred before termination
  • Provisions that by their nature should survive termination will remain in effect

12. Dispute Resolution

12.1 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 provisions.

12.2 Dispute Resolution Process

Before filing a claim, you agree to:

  • Contact us first to attempt to resolve the dispute informally
  • Provide us with 30 days to respond and attempt resolution

12.3 Arbitration

If informal resolution fails, disputes will be resolved through binding arbitration in accordance with [Arbitration Rules], except where prohibited by law. You waive your right to a jury trial and to participate in class action lawsuits.

13. General Provisions

13.1 Entire Agreement

These Terms, together with our Privacy Policy, Acceptable Use Policy, and other referenced policies, constitute the entire agreement between you and WhopMail regarding the Service.

13.2 Modifications

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

  • Posting updated Terms on this page
  • Updating the "Last updated" date
  • Sending email notification for significant changes

Your continued use of the Service after changes constitutes acceptance of the modified Terms.

13.3 Severability

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

13.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

13.5 Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.

14. Contact Us

If you have any questions about these Terms of Service, please contact us:

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