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Terms of Service

Effective Date: 09/22/2025

These Terms of Service (“Terms”) govern your access to and use of the services provided by Colibricode LLC (“we”, “us”, “our”), doing business as MonkeysMail. By using our services, you agree to be bound by these Terms.

1. Definitions

  • Account — your user account registered with us.
  • Customer, you, your — an individual or entity who accesses or uses the Service under these Terms.
  • Service(s) — all features, products, and platforms offered by MonkeysMail.
  • User Content — any content, data, mail templates, contact information, or other materials you upload, send, or store with MonkeysMail.
  • Endpoint(s) — APIs, SMTP relays, or other interfaces through which you send or receive email or email-related data.

2. Eligibility & Account Registration

  • You must be 18 years or older, or the legal age in your jurisdiction to enter into a contract.
  • You agree to provide accurate, current, and complete information when registering an Account.
  • You are responsible for maintaining confidentiality of your credentials and account security.

3. Service Use & Restrictions

  • You may use the Service only for lawful purposes and in accordance with applicable laws and these Terms.
  • You must not use the Service for any illegal or prohibited activity, including but not limited to spam, phishing, malicious content, or other harmful behavior.
  • You must not attempt to circumvent any technical measures, rates or volume limits we impose.
  • You are responsible for compliance of your use of the Service with anti-spam laws (e.g. CAN-SPAM, GDPR, etc.), privacy laws, and any applicable deliverability rules.

4. Fees, Billing & Payment

  • Use of the Service may incur fees under a paid plan; details of pricing are set out on our Pricing page.
  • Fees are due in advance, unless otherwise explicitly stated. Payments not received may result in suspension or termination.
  • You are responsible for all taxes, duties, or governmental assessments.

5. Free Tier & Trial

  • If you use a free tier or trial, it is subject to limits (such as number of emails/day, number of domains, etc.).
  • We reserve the right to restrict, suspend or terminate free or trial accounts for abuse or misuse.

6. User Content & Data

  • You retain all ownership of User Content you upload or send using the Service. We do not claim ownership.
  • You grant us a license to store, transmit, process, and use User Content in order to provide the Service.
  • We implement reasonable security measures to protect your content. However, we cannot guarantee perfection, and you accept risk associated with data transit.

7. Deliverability & Compliance

  • We make no guarantee that emails sent using the Service will be delivered to every recipient. Many factors (recipient mail servers, recipient settings, spam filters) can affect delivery.
  • You agree to use proper authentication (SPF, DKIM, etc.), maintain suppression lists (e.g. unsubscribes, bounces), and comply with lawful email practices.
  • Abuse may result in suspension or termination of your Account.

8. Acceptable Use

You must not use the Service:

  • For sending unsolicited emails (spam) or otherwise infringing privacy, rights or laws.
  • To send content that is unlawful, offensive, defamatory, obscene, or violates third-party rights.
  • To interfere with or disrupt the Service or its security.
  • To use the Service in a way that adversely impacts reputation, deliverability or infrastructure for us or other customers.

9. Intellectual Property

  • All intellectual property rights in the Service itself (software, designs, names, trademarks) are owned by us or our licensors.
  • You may not use our trademarks or branding without our prior written permission.
  • For User Content, you give us a license to use as needed to run the Service (e.g. to send email, store templates, logs).

10. Limitation of Liability

  • To the fullest extent permitted by law, our liability to you for any cause whatsoever is limited to the amount you paid us in the preceding 12 months (if any).
  • We are not liable for indirect, incidental, special, punitive, or consequential damages (including loss of revenue, data, reputation).
  • We do not guarantee uninterrupted access, and are not responsible for failures outside our reasonable control (force majeure, internet, third-party services).

11. Indemnification

You agree to indemnify, defend and hold harmless Colibricode LLC and its officers, directors, employees, agents and affiliates from any claims, damages, losses, liabilities, costs, or expenses arising from:

  • Your use of the Service, including any violation of these Terms.
  • Any User Content you provide.
  • Any violation of law or third-party rights.

12. Termination & Suspension

  • We may suspend or terminate your access to the Service at our discretion for violations of these Terms.
  • You may terminate your account at any time. After termination, we may retain data for a period as required for legal, regulatory, or business needs.
  • Sections 6 (User Content), 9 (IP), 10 (Limitation of Liability), 11 (Indemnification), and any other clause that by its nature should survive, will survive termination.

13. Changes to Terms

  • We may change these Terms from time to time. If a change is material, we will provide at least 30 days’ notice via email or via the Service.
  • Your continued use of the Service after changes become effective constitutes your acceptance of the new Terms.

14. Governing Law & Dispute Resolution

  • These Terms are governed by the laws of [State/Country] (insert your jurisdiction; e.g. California, USA).
  • Any dispute arising under these Terms will be resolved in the courts of that jurisdiction, unless arbitration is required.

15. Miscellaneous

  • Severability: If one provision is invalid or unenforceable, the rest remain in effect.
  • Waiver: Failure to enforce any right is not a waiver.
  • Assignment: You may not assign or transfer your rights under these Terms without our written consent. We may assign our rights.

16. Contact Information

If you have questions about these Terms, please get in touch with us at:

Colibricode LLC (DBA MonkeysMail)
999 18th Street, Denver Place, Suite 3000
Denver, CO, 80202, USA
support@monkeysmail.com