Terms of Service

This Agreement sets out how you may use Emailmetry, what each party is responsible for, and how paid Services end.

1. Background

1.1 Parties

This Terms of Service agreement (Agreement) is between the Customer and Sahelay Pty Ltd (ACN 663 844 095, ABN 59 663 844 095), trading as Emailmetry, of 27/44 St Georges Terrace, Perth WA 6000 (Emailmetry, we, us).

1.2 Scope

This Agreement applies to the Emailmetry website, free tools, customer portal and hosted Sender Policy Framework (SPF) flattening service. The capitalised terms used in it are defined in clause 16.

2. Agreement

2.1 Acceptance

By using the website or free tools, you agree to this Agreement. A paid Order is formed when you expressly accept the version presented with that Order and we accept the Order. An automatic annual renewal under clause 6.2 does not require a new Order. Where we agree to invoice you or grant a trial without checkout, you accept the version of this Agreement identified in our quote, invoice or invitation by paying or by first signing in to the portal. You must be at least 18 years old.

2.2 Authority

If you accept this Agreement for an organisation, you confirm that you have authority to bind it. That organisation is the Customer. Otherwise, you are the Customer.

2.3 Business use

The paid Services are for business use only. You must acquire them for purposes relating to your trade, business, craft or profession. Sole traders, creators and other individuals running a business may be Customers.

2.4 Order of documents

An Order or other written agreement accepted by both parties prevails over this Agreement to the extent of a conflict for that Order. Rights that cannot be excluded by law continue to apply. You can save or print this version of the Agreement.

3. Accounts and security

3.1 Account information

You must provide accurate account and billing information and keep it current. We may verify identity before changing account ownership or security settings.

3.2 Access and credentials

You must protect credentials and multi-factor authentication devices, give each Authorised User individual access, and promptly remove access that is no longer needed. You are responsible for activity by users you authorise. Tell us promptly if you suspect unauthorised access.

3.3 Client domains

If you manage domains for clients, you must have their authority and give any required notice about your use of Emailmetry. You are responsible for the access you grant and the commitments you make to them. A client has no direct contract with us unless we separately agree.

4. Services and domains

4.1 Hosted SPF service

For Managed Domains, we resolve supported SPF references into IP ranges, validate the resulting policy and serve a hosted SPF record. We monitor supported provider changes and may publish updated records while management is active. The safeguards page describes supported SPF features and operational safeguards.

4.2 Free tools and service limits

Free DNS and email authentication tools provide informational results based on public DNS and third-party services. Emailmetry does not send, receive, relay or read your email. We do not administer your DNS account or change records at your DNS provider. SPF is only one part of email authentication. The Services do not guarantee delivery, authentication by every receiving system or inbox placement.

4.3 Domain authority and configuration

You must have authority to assign each domain, choose its sending services and publish or remove its DNS records. You are responsible for the accuracy of your source SPF policy and selected providers, and for maintaining DKIM, DMARC and other email settings.

4.4 DNS changes

Review the proposed SPF record before changing DNS and test mail flow afterwards. DNS caching and the availability or accuracy of third-party DNS and email providers may affect results.

5. Support and maintenance

5.1 Support

For service and DNS transition assistance, contact support@emailmetry.com. We will provide the current validated policy and reasonable assistance with a transition from the hosted record.

5.2 Maintenance and third parties

We may perform maintenance and update the Services. Internet failures, DNS propagation and third-party outages may interrupt them. Clause 10 sets out our service standard and clause 11 addresses liability.

6. Licences, fees and tax

6.1 Pooled Annual Cover

Annual Cover is pooled across the Customer's Managed Domains and is not permanently assigned to a particular domain. Each annual licence covers one Managed Domain at a time. The definition of Managed Domain includes verified managed subdomains belonging to the same client. Managed Domains beyond available Annual Cover are Monthly Extras. There are no per-email sending charges.

6.2 Annual charges and renewal

Annual licences are charged upfront for a 12-month term. They renew automatically for another annual term unless you reduce or cancel renewal before the current term ends. We send a reminder before each renewal date. Changing the renewal quantity does not reduce cover already paid for during the current term.

6.3 Monthly Extras

Monthly Extras are billed in arrears. The monthly charge is the applicable per-domain rate multiplied by the highest uncovered Managed Domain count reached during the Billing Month. Removing a domain later in that month does not erase an extra already counted in the peak.

Annual Cover added during the month is applied against any unpaid monthly peak so the same capacity is not charged twice. The portal shows Annual Cover, the monthly peak and the Billing Month end. Removing a domain does not itself cancel Annual Cover.

6.4 Rates and tax

The rates, currency, quantities, billing dates and renewal terms disclosed with an Order or monthly extras authorisation apply, subject to any separately agreed written Order. Published rates are in US dollars. Taxes are added where applicable unless a displayed price states that tax is included.

Before you are bound to pay, we will provide the total payable or, where future usage cannot be known in advance, the rate and method of calculation, together with any mandatory tax-inclusive price disclosure. The receipt or invoice will state the final monthly quantity and tax.

6.5 Payment authority

You authorise us and our payment provider to charge the payment method you choose for the amounts you approve and subsequent recurring amounts disclosed when you authorise them.

Card purchases use our payment provider’s hosted checkout. Where our payment provider acts as reseller and merchant of record, it charges you, calculates and collects applicable tax, and issues receipts and tax invoices, and its checkout terms also apply to the payment. We remain responsible for providing the Services. If we agree to invoice you instead, invoices are payable within the period stated on them.

6.6 Price changes and overdue payment

We may change future prices or plan features on at least 28 days' notice to the account email address. A price change does not affect an existing prepaid period. If you reject a material reduction to a prepaid service, you may end the affected service before the change takes effect and receive a proportionate refund of the unused prepaid period.

We may suspend for overdue payment only after at least 14 days’ written notice of the overdue amount. Mandatory refund rights remain unaffected.

6.7 Trials and free licences

We may offer a free trial or a not-for-resale licence on the terms shown when it is granted. Unless those terms say otherwise, charges start when the trial ends, and each organisation may receive one free trial.

7. Acceptable use

7.1 Lawful use

You must use the Services lawfully and only for domains and accounts you are authorised to manage.

7.2 Prohibited conduct

You must not interfere with the Services or other users, probe or bypass security controls, distribute harmful code, overload free tools or APIs, or use the Services to infringe another person's rights. You may not resell access without an agreed reseller arrangement or copy or reverse engineer our software except to the extent the law permits.

8. Privacy and confidentiality

8.1 Personal information

Our privacy policy explains how we handle personal information for our own purposes. Where we process personal information on behalf of a Business Customer, the data processing addendum provides additional terms.

8.2 Confidential information

Each party must protect the other's non-public business, technical and account information with reasonable care and use it only for this Agreement.

8.3 Exceptions and permitted disclosure

Clause 8.2 does not apply to information made public without breach, independently developed, lawfully obtained from another source or disclosed with consent. A party may disclose information to personnel, advisers and service providers who need it for this Agreement and are bound by appropriate safeguards, or as required by law.

9. Intellectual property

9.1 Emailmetry material

We and our licensors retain rights in the Services, software, site content and design. We grant you a limited, non-exclusive right to use the applicable Services for the duration of your agreement.

9.2 Customer material

You retain rights in the domain information, SPF policies and other material you provide. You permit us to use that material only as needed to provide, secure and support the Services and meet legal obligations. Public DNS records and results may be visible to anyone querying DNS.

10. Warranties and service standard

10.1 Reasonable care

We will use reasonable care and skill in providing the paid Services. The website and free tools are provided for general information and as available.

10.2 Service limitations

We do not warrant uninterrupted access or that an SPF result will meet every receiver's requirements. Keep a copy of your original SPF policy and a plan to restore DNS if needed.

10.3 Mandatory rights

Nothing in this Agreement excludes, restricts or modifies a right, consumer guarantee or remedy that cannot lawfully be excluded, including under the Australian Consumer Law or applicable consumer digital service law.

11. Limitation of liability

11.1 Foreseeable loss

To the extent permitted by law, neither party is liable for loss that was remote or not reasonably foreseeable when the Agreement was made.

11.2 Business losses excluded

For a Business Customer, and to the extent permitted by law, neither party is liable to the other for loss of profit, revenue, business opportunity, goodwill or anticipated savings, loss of or corruption of data, or indirect or consequential loss, however arising. This includes such loss arising from email that is delayed, rejected or filtered by a receiving system, but not the reasonable direct cost of restoring a working SPF record and re-sending affected messages. This clause does not reduce the Customer's obligation to pay fees.

11.3 Business Customer cap

For a Business Customer, each party's aggregate liability under or in connection with this Agreement is limited to the greater of US$500 and the fees paid or payable under this Agreement in the 12 months before the first event giving rise to liability. For a breach of clause 8 or the data processing addendum, that limit is instead the greater of US$10,000 and three times those fees.

11.4 Free Services

Our aggregate liability for use of the website and free tools, where no fee is paid, is limited to US$100.

11.5 Consumers

If you are a Consumer, we are responsible for loss you suffer that is a foreseeable result of our breach of this Agreement or failure to use reasonable care. The Services are provided for managing domains and email authentication; if you use them for a business, we are not liable to you for the business losses described in clause 11.2.

11.6 Australian Consumer Law

If the Australian Consumer Law applies, including to a Business Customer, and the Services are not of a kind ordinarily acquired for personal, domestic or household use or consumption, our liability for failure to comply with a consumer guarantee is limited to supplying the Services again or paying the cost of having them supplied again, unless it would not be fair or reasonable for us to rely on this limitation.

11.7 Exceptions

Clauses 11.2 to 11.4 do not apply to fraud, wilful misconduct, death or personal injury caused by negligence, a party's infringement of the other party's intellectual property rights, the Customer's breach of clause 7, the Customer's obligation to pay fees, liability to data subjects that the standard contractual clauses in the data processing addendum do not permit to be limited, or liability that cannot lawfully be excluded or limited. Nothing in this clause 11 reduces a consumer's non-excludable rights or remedies.

12. Cancellation, suspension and termination

12.1 Customer cancellation

An account administrator may change or cancel annual renewal in the portal. If you cannot access the portal, email support@emailmetry.com. We will confirm the effective date and any amount still due. Paid Annual Cover continues to its paid term end unless an earlier remedy applies.

Ending annual renewal does not end management of your domains. After the paid term ends, Managed Domains beyond your remaining Annual Cover become Monthly Extras if you have authorised monthly charges. If you have not, we may ask you to authorise Monthly Extras or reduce your Managed Domains.

A domain stops counting towards Monthly Extras when its management ends, for example after we confirm that its DNS no longer references the Emailmetry-hosted record, or after an account administrator removes it in the portal or we remove it at your request. We will act on a removal request within two business days. Pausing automatic updates does not stop a domain counting. A Monthly Extra already counted in the current Billing Month's peak remains payable. Fees already due remain payable; prepaid fees are refunded where this Agreement, an Order or the law requires.

12.2 Mandatory rights

Where consumer protection law applies to your purchase despite clause 2.3, including consumer guarantees under the Australian Consumer Law, the cancellation, service quality and refund rights it gives you continue to apply. You may contact us to exercise a right.

12.3 Suspension

We may suspend only to the extent reasonably necessary for a security threat, unlawful use, a serious breach or unpaid fees. We will give reasons, notice and a reasonable opportunity to remedy where practicable, and restore service once the cause is resolved.

12.4 Termination for breach

Either party may terminate an affected paid Service for the other's material breach that remains unremedied 14 days after written notice.

12.5 Planned discontinuance

For planned discontinuance, we will give at least one Billing Month's notice and a DNS transition opportunity. If we terminate a prepaid Service early for a reason other than your breach, we will refund the unused prepaid period proportionately, subject to any greater mandatory remedy. Urgent legal or security action may require shorter notice.

12.6 End of domain management

When a Managed Domain is removed in the portal or at your request, automatic SPF updates for it stop on the removal date shown in the portal or our confirmation. If we end management of a domain for unpaid fees or your unremedied breach, we will give at least 30 days’ notice before automatic updates stop, unless an urgent security or legal reason requires a shorter period.

A last validated hosted record may continue to resolve after management ends, but it is not monitored or updated and continued availability is not guaranteed. Before removing a Managed Domain, or before management ends, replace the Emailmetry-hosted reference at your DNS provider with a working SPF record and allow for propagation. An urgent security or legal restriction may require earlier action; we will notify you as soon as reasonably practicable.

12.7 Effect of termination

On expiry or termination, your entitlement to paid management ends, subject to clause 12.6. DNS records at your own provider remain your responsibility. Account, billing, security and audit information may be retained as described in our privacy policy and as required by law.

13. Changes and notices

13.1 Changes to this Agreement

We may update this Agreement to reflect changes in the Services or law. We will give at least 28 days' notice of a material change affecting a paid Service by email or in the portal, stating the new version and effective date, unless a stated legal or security reason requires a shorter period.

If you reject a material change, you may cancel the affected Service before it takes effect and receive a proportionate refund of the unused prepaid period. A new version does not silently replace the terms accepted for a completed Order. Changes to the free website or tools take effect when posted.

13.2 Notices

We send account notices to the email address you provide. Send notices to us at support@emailmetry.com.

14. Disputes and governing law

14.1 Resolution

Contact us with the details of a dispute. Both parties will try in good faith to resolve it within 30 days before starting proceedings, except for urgent relief or collection of undisputed fees.

14.2 Law and courts

Western Australian law governs this Agreement, subject to mandatory law applicable to the Customer. The courts of Western Australia have non-exclusive jurisdiction. A consumer may rely on mandatory protections and bring a claim in any court permitted by applicable law in their home country or state.

15. General

15.1 Transfer

You may not transfer this Agreement without our consent, which we will not unreasonably withhold. We may transfer it as part of a business transfer if the recipient can continue the Services and honour this Agreement.

15.2 Severability and waiver

If a provision is unenforceable, the others remain effective. A delay in exercising a right is not a waiver.

15.3 Relationship and survival

Neither party is the other's agent or partner. Provisions that by their nature must continue after termination, including accrued payment obligations, confidentiality, intellectual property and liability, survive termination.

16. Definitions and interpretation

16.1 Definitions

Annual Cover means prepaid capacity for one Managed Domain at a time during an annual term.

Authorised User means a person the Customer permits to use its account.

Business Customer means a Customer that accepts this Agreement for purposes relating to its trade, business, craft or profession, including an organisation.

Billing Month means the monthly subscription period shown in the portal or Order. It need not be a calendar month or a fixed 30-day period.

Consumer means an individual acting wholly or mainly outside their trade, business, craft or profession.

Customer means the individual accepting this Agreement or the organisation on whose behalf it is accepted.

Managed Domain means a verified managed base domain assigned to the paid Service, together with verified managed subdomains under it that belong to the same client.

Monthly Extra means a Managed Domain above the Customer's available Annual Cover.

Order means a paid purchase or change accepted by us, including monthly extras authorisation or a change to annual renewal quantity, together with the rates and terms disclosed with it. An automatic annual renewal under existing terms is not a new Order.

Service means an individual component of the Services.

Services means the Emailmetry website, free tools, customer portal and hosted SPF flattening service, as applicable.

16.2 Interpretation

Headings and the contents list are for navigation and do not change the meaning of this Agreement. References to a person include an organisation where the context permits.

Questions about this Agreement may be sent to support@emailmetry.com.

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