Terms and Conditions

Effective Date: June 1, 2026       Last Updated: June 1, 2026

Welcome to SMTP Provider. These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("User", "Merchant", "you", or "your") and SMTP Provider (operated by the team behind smtpprovider.com and smtpprovider.app) ("SMTP Provider", "we", "us", or "our") governing your access to and use of our website, Shopify application, and email marketing services (collectively, the "Services").
By installing our Shopify application, registering an account, or using our Services in any way, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, please do not use our Services.

1. Definitions

In these Terms, the following definitions apply:

• "Services" refers to the SMTP Provider Shopify application, email marketing platform, SMTP relay services, popup/form tools, campaign dashboards, and all related features accessible through smtpprovider.app and smtpprovider.com.
• "Merchant" or "User" means any individual or business entity that accesses or uses the Services through a Shopify store.
• "Subscriber" means an end-user customer of a Merchant who has opted in to receive email communications via the Merchant's Shopify store.
• "Content" means any text, images, data, information, or materials that you upload, submit, or transmit through the Services.
• "Subscription Plan" means any paid or free tier plan offered by SMTP Provider for access to the Services.
• "Shopify" means Shopify Inc. and its affiliated entities that operate the Shopify e- commerce platform.

2. Eligibility and Account Registration

To use the Services, you must:

• Be at least 18 years of age or the legal age of majority in your jurisdiction.
• Have a valid and active Shopify store account.
• Provide accurate, complete, and current account information.
• Have the authority to agree to these Terms on behalf of yourself or any business entity you represent.

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account at legal@smtpprovider.com. We reserve the right to terminate accounts that violate these Terms.

3. Description of Services

SMTP Provider provides a comprehensive email marketing platform designed specifically for Shopify merchants. Our Services include:

• Email campaign creation, scheduling, and delivery.
• SMTP relay for both promotional and transactional email sending.
• Subscriber list management, segmentation, and Shopify customer sync.
• Popup and form tools for subscriber collection.
• Campaign reporting, analytics, and performance dashboards.
• Automation tools and advanced targeting options (available on select plans).
• Customer support via email and in-dashboard ticketing.

We reserve the right to modify, suspend, or discontinue any feature or aspect of the Services at any time, with or without notice. We will make reasonable efforts to notify active users of significant changes.

4. Subscription Plans and Billing

4.1 Available Plans

SMTP Provider offers the following Subscription Plans:

• Free Plan: Up to 750 emails/month, 1 popup/form, basic features, SMTP Provider branding.
• Starter Plan: $9/month or $90/year. Up to 5,000 emails/month, unlimited subscribers, up to 3 popups/forms, email support.
• Pro Plan: $49/month or $490/year. Up to 75,000 emails/month, unlimited popups/forms, advanced reporting, priority support.
• Scale Plan: $99/month or $990/year. Up to 200,000 emails/month, everything in Pro, dedicated account support, custom setup help.

4.2 Billing and Payments

All billing for paid plans is processed through Shopify's billing system. By subscribing to a paid plan, you authorize Shopify to charge your payment method the applicable fees. Subscription fees are billed in advance on a monthly or annual basis, depending on your selected billing cycle. 4.3 Overages

If you exceed your plan's monthly email sending limit, we reserve the right to pause your sending capabilities until the next billing cycle or offer you an upgrade to a higher plan. We will make reasonable efforts to notify you when you approach your limit.

4.4 Plan Upgrades and Downgrades

You may upgrade or downgrade your plan at any time. Upgrades take effect immediately, with prorated charges applied. Downgrades take effect at the end of the current billing period. 4.5 Price Changes

We reserve the right to modify our pricing at any time. We will provide at least 30 days' notice of any price increases via email or in-app notification. Continued use of the Services after the effective date of a price change constitutes your acceptance of the new pricing.

5. Acceptable Use Policy

You agree to use the Services only for lawful purposes and in accordance with these Terms.

You must NOT use the Services to:

• Send unsolicited commercial email (spam) or any email to recipients who have not explicitly opted in to receive communications from your store.
• Engage in phishing, fraud, deception, or any activity intended to mislead recipients.
• Violate any applicable law or regulation, including but not limited to the CAN-SPAM Act (USA), CASL (Canada), GDPR (European Union), or the IT Act 2000 and IT Rules 2011 (India).
• Send content that is defamatory, obscene, hateful, abusive, threatening, or otherwise objectionable.
• Promote illegal products or services, including controlled substances, weapons, or counterfeit goods.
• Distribute malware, viruses, or any malicious code.
• Harvest, collect, or use email addresses without proper consent.
• Impersonate any person, business, or entity.
• Attempt to gain unauthorized access to any part of our platform, systems, or databases.
• Use our Services to send emails at volumes that could harm our infrastructure or reputation.

Violation of this Acceptable Use Policy may result in immediate suspension or termination of your account without refund.

6. User Content and Data

You retain all ownership of the Content you submit through the Services, including your email lists, campaign content, and subscriber data. By using the Services, you grant SMTP Provider a limited, non-exclusive, royalty-free license to process, store, and transmit your Content solely for the purpose of providing the Services to you.

You represent and warrant that:

• You own or have the necessary rights, licenses, and consents to use and submit all Content.
• Your use of the Services and any Content you submit do not violate any third-party rights or applicable laws.
• All email recipients on your subscriber lists have provided valid consent to receive email communications from your store.

SMTP Provider reserves the right to review, remove, or refuse to transmit any Content that we determine, in our sole discretion, violates these Terms or applicable law.

7. Third-Party Services and Integrations

The Services integrate with Shopify and may interface with other third-party platforms. Your use of third-party services is subject to their respective terms and privacy policies. SMTP Provider is not responsible for the practices, content, or policies of any third-party service.
Shopify is the primary platform through which our application is distributed. Any disputes regarding billing, store access, or platform functionality related to Shopify must be addressed directly with Shopify Inc.

8. Intellectual Property

All intellectual property rights in the Services, including but not limited to software, algorithms, interfaces, graphics, logos, documentation, and trade secrets, belong to SMTP Provider or its licensors. Nothing in these Terms grants you any right to our intellectual property except the limited license to use the Services as described herein.
You may not copy, modify, reverse-engineer, decompile, or create derivative works based on any part of the Services without our prior written consent.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SMTP PROVIDER AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, REVENUE, GOODWILL, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICES EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID US IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR (B) INR 5,000 (FIVE THOUSAND RUPEES).

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such cases, our liability will be limited to the fullest extent permitted by applicable law.

10. Disclaimers

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR UNINTERRUPTED OR ERROR-FREE OPERATION.

We do not guarantee specific email deliverability rates. Email delivery depends on factors beyond our control, including recipient mail server policies, spam filters, and sender reputation. We make no guarantee that emails sent through our platform will reach intended inboxes.

11. Indemnification

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

• Your use of the Services or any violation of these Terms.
• Any Content you submit, transmit, or make available through the Services.
• Your violation of any applicable law or third-party rights.
• Any claim by a subscriber, recipient, or third party arising from your email communications.

12. Termination

Either party may terminate the agreement at any time for any reason. You may terminate by uninstalling the application from your Shopify store and closing your account. We may suspend or terminate your access to the Services immediately, without prior notice or liability, if you:

• Breach any provision of these Terms.
• Engage in activities that we determine, in our sole discretion, are harmful to the Services, other users, or third parties.
• Fail to pay any fees when due.

Upon termination, your right to use the Services will cease immediately. We may retain your data for a limited period as required by applicable law or for legitimate business purposes. Please see our Privacy Policy for details on data retention.

13. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of India, without regard to its conflict of law principles. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts located in Kolkata, West Bengal, India. Before pursuing formal legal action, both parties agree to make a good-faith effort to resolve any dispute amicably through direct negotiation for a period of 30 days.

14. Changes to These Terms

We reserve the right to update or modify these Terms at any time. When we make changes, we will revise the "Last Updated" date at the top of this page and notify you via email or in-app notification at least 14 days before material changes take effect. Your continued use of the Services after the effective date of any changes constitutes your acceptance of the revised Terms.

15. Miscellaneous

• Entire Agreement: These Terms, together with our Privacy Policy and any other policies incorporated herein, constitute the entire agreement between you and SMTP Provider regarding the Services.
• Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
• Waiver: Failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
• Assignment: You may not assign or transfer these Terms or any rights hereunder without our prior written consent. We may assign these Terms without restriction.

16. Contact Us

If you have any questions about these Terms and Conditions, please contact us:

• Email: legal@smtpprovider.com
• Phone: +91 8335850000
• Address: Unit No. 304, South City Businesspark, 770, Anandpur, Kolkata - 700107, West Bengal, India
• Support: smtpprovider.app/contact-us.php