Terms of service

1. Who we are and what these terms cover

PuffinMail (puffinmail.co) is an email marketing service for online stores, operated by Solaniq in Sydney, Australia ("we", "us"). These terms apply when you or your business ("you") create a PuffinMail account or use PuffinMail, including through our WooCommerce, Magento or Shopify add-ons. By using PuffinMail you agree to them, to ourAcceptable Use Policy and to our Privacy Policy. If you accept them for a business, you confirm you're allowed to do so.

2. Your account

• Give us accurate details and keep them up to date.
• Keep your sign-in details and API keys secret. You're responsible for what happens in your account, including anything done with your store's API key. Turn on two-step sign-in in Security.
• Tell us straight away at hello@puffinmail.co if you think someone else has access.
• We may review new accounts before they can send, and ask for more information about your business.

3. Free trial, plans and billing

• Every plan starts with a 14-day free trial. A card is needed to start it. During the trial you can send up to 1,000 emails to up to 500 people. Unless you cancel before the trial ends, your plan starts and your card is charged.
• Plans are billed monthly in advance, in Australian dollars, and are priced on the number of emails you send each month. Prices are on our pricing page. PuffinMail isn't registered for GST, so no GST is charged.
• Payments are handled by Stripe. If you installed PuffinMail from the Shopify App Store, you're billed through Shopify instead, and Shopify's billing terms also apply.
• If a payment fails, we'll tell you and pause sending until it's resolved. Your data is kept while you fix it.
• You can change plans at any time; changes are prorated. We'll give you at least 30 days' notice before changing the price of your plan.
• You can cancel anytime. Your plan stays active until the end of the period you've paid for, and we don't refund partial months, except where the law requires it.

4. Sending email

You may only email people who have agreed to receive your emails, or where the law otherwise allows it, and every email must identify you and include a working unsubscribe link (PuffinMail adds one). The details are in ourAcceptable Use Policy, which is part of these terms. You're responsible for your emails' content and for complying with the laws that apply to you and your recipients, such as theSpam Act 2003 (Cth).

To protect deliverability for everyone, we suppress addresses that bounce or complain, and we may limit, pause or review sending that shows signs of a problem, such as high bounce or complaint rates.

5. Your data

• Your contact lists, store data, templates and content belong to you. You give us permission to store and process them only to provide PuffinMail to you.
• For your subscribers' and customers' personal information, you decide what's collected and why, and we handle it on your instructions, as described in our Privacy Policy. You're responsible for having a lawful basis to collect it and send it to us.
• Your data is stored in Amazon Web Services' Sydney region. We protect it with reasonable security measures, keep encrypted backups, and tell you without undue delay if a breach affects it.
• You can ask us for a copy of your contacts at any time. After your account closes, we delete your data when you ask us to, apart from what we must keep by law (such as billing records). Deleted data disappears from our backups within 90 days.

6. Store add-ons and other services

Our WooCommerce, Magento and Shopify add-ons connect your store to PuffinMail and send it the store data described in their documentation. You can disconnect them at any time. Your store platform, payment provider and other services you connect have their own terms, and we aren't responsible for them.

7. Availability and changes

We work to keep PuffinMail available and reliable, but we don't promise it will be uninterrupted or error-free, and we may need to take it offline for maintenance. We improve PuffinMail all the time; if we remove a feature you rely on, we'll give you reasonable notice.

8. Suspension and ending your account

You can close your account at any time. We may suspend or close an account that breaks these terms or the Acceptable Use Policy, that hasn't paid, or whose sending puts the service or other customers at risk. Where we reasonably can, we'll tell you first and give you a chance to fix the problem. If we close your account without a breach on your part, we'll refund any prepaid fees for the unused period.

9. Our responsibility to you

Nothing in these terms excludes rights you have under the Australian Consumer Law that can't be excluded. Where the law allows us to limit our liability for a failure to meet a consumer guarantee, our liability is limited to supplying the service again or paying the cost of having it supplied again.

Otherwise, to the extent the law allows: we aren't liable for indirect or consequential loss, or for lost profits, revenue or data; and our total liability to you for any claim is limited to the fees you paid us in the 12 months before the claim arose.

You're responsible for claims brought against us by third parties because of your emails, your data or your breach of these terms or the law, and you agree to cover our reasonable costs of those claims.

10. Changes to these terms

We may update these terms. If a change materially affects you, we'll email you at least 30 days before it takes effect. If you keep using PuffinMail after that, the new terms apply; if you don't agree, you can cancel before then.

11. General

These terms are governed by the laws of New South Wales, Australia, and the courts of New South Wales have jurisdiction. If part of these terms can't be enforced, the rest still applies. Questions about these terms:hello@puffinmail.co.