Terms of Service

Effective date: September 14, 2025 • Replaces all prior versions

These Terms of Service (the “Terms”) form a binding agreement between 11 Technology Group, doing business as Piixoo (“Piixoo”, “we”, “us”, or “our”) and the person or entity that registers for or uses the Services (“Customer”, “you”). By accessing or using the Services, you agree to these Terms and the following documents, which are incorporated by reference and listed in order of precedence:

• Any mutually executed order form, insertion order, or specific terms (the “Order” or “Specific Terms”);
• These Terms of Service;
• Sending Policy (including Anti‑Abuse),
• Privacy Policy,
• Data Processing Agreement (“DPA”), and
• Any policies or guidelines we make available within the Services from time to time.

1. Definitions

“Services” means Piixoo’s email automation platform and related features (e.g., sending, routing, analytics, warm‑up, bounce checking, API and webhooks). “Customer Data” means data you submit to the Services, including recipient information and message content. “Applicable Law” includes anti‑spam, privacy, and e‑communications laws and regulations (e.g., CAN‑SPAM, CASL, UK PECR, GDPR where applicable). “Harmful Code” means malware, viruses, or code designed to disrupt or harm systems or data.

2. Eligibility; Account

• You must have legal capacity to contract. If you register on behalf of an entity, you represent you have authority to bind that entity.
• You are responsible for the security and use of your credentials and for all activities under your account.

3. License; Use of the Services

• We grant you a limited, non‑exclusive, non‑transferable right to access and use the Services during the Subscription Term, solely in accordance with these Terms and your Order.
• You will comply with our Sending Policy and Anti‑Abuse Policy.

4. Acceptable Use

You will not use the Services to:

• Send unsolicited or bulk emails without valid, provable consent (opt‑in) or other lawful basis; use purchased, rented, scraped, or appended lists; or re‑engage bounced/blocked recipients.
• Transmit fraudulent, deceptive, or harmful content (including phishing, spoofing, false headers, or misleading subject lines); infringe third‑party rights; or violate Applicable Law.
• Distribute Harmful Code, security exploits, or content that is illegal, hateful, or otherwise prohibited by our Anti‑Abuse Policy.
• Interfere with, disrupt, or overload provider networks or bypass rate limits, volume caps, or warm‑up rules.

We may monitor sending patterns, complaint/bounce metrics, content signals, and other telemetry (automated or manual) to enforce this section.

5. Sender Identity, Authentication & Warm‑Up

• You must verify domains/identities used in the From header and configure SPF, DKIM, and DMARC. The Return‑Path (bounce address) and abuse@/postmaster@ must be valid and monitored.
• New domains/IPs are subject to volume warm‑up. We may throttle or stage traffic until reputation is established.
• You will not spoof or obfuscate sender identity or routing metadata.

6. Consent, Unsubscribe & List Hygiene

• You will maintain documented proof of consent (e.g., time, source, method). Double opt‑in is recommended and may be required based on risk.
• Each marketing email must include a clear, working unsubscribe mechanism honored without undue delay (and in any event within the time required by law).
• Hard bounces, spam‑trap hits, role accounts where prohibited, and unsubscribed addresses must be removed immediately and not re‑mailed.
• You will use verified suppression lists and respect global suppression where applicable.

7. Deliverability & Reputation Thresholds

To protect ecosystem reputation, you agree to operate below the following thresholds (which may be tightened for new or high‑risk senders):

• Complaint rate (ISP feedback loop): target ≤ 0.10% per campaign, with immediate investigation above 0.10% and mitigation plan. Persistent ≥ 0.20% may cause throttling or suspension.
• Hard bounce rate: target ≤ 2.0% per campaign. Persistent ≥ 5.0% may cause immediate suspension pending remediation.
• Unknown user/invalid at major ISPs should remain minimal; employ list verification before high‑volume sends.

We may pause, block, or re‑route traffic that threatens deliverability, violates Applicable Law, or risks provider enforcement.

8. Monitoring; Enforcement

• We may review representative content, headers, and metrics using automated systems to detect spam, abuse, malware, or policy violations. We may also use third‑party anti‑abuse services.
• We may require remediation steps (e.g., list cleaning, consent proof, template updates, segmentation, lower daily caps) as a condition of continued sending.
• We may suspend or terminate access (without refund) for material or repeated violations.

9. Third‑Party Providers

We may use third‑party infrastructure and subprocessors. Your use of the Services must also comply with such providers’ applicable terms, including their acceptable use policies and service terms. We may share limited operational data with providers to operate and secure the Services in accordance with our Privacy Policy and DPA.

10. Customer Responsibilities

• Configure and maintain your DNS, mail authentication, and security posture.
• Keep your content and lists compliant and up to date; promptly delete suppressed/invalid addresses.
• Promptly respond to our abuse or compliance inquiries and provide proof of consent upon request.

11. Plans, Fees & Taxes

• Fees are set out in your Order or on our Pricing page. Unless stated otherwise, fees are billed in advance and are non‑refundable.
• Overages, add‑ons (e.g., dedicated IPs), or excess usage may be billed in arrears.
• Fees exclude taxes; you are responsible for applicable taxes, duties, and withholdings.

12. Term; Termination

• These Terms commence on your account creation date and continue for the Subscription Term.
• Either party may terminate for material breach not cured within 10 days after written notice.
• We may suspend immediately for abuse, legal risk, provider enforcement, security issues, or non‑payment.
• Upon termination: your access ends; we may retain limited logs as required by law or for legitimate business purposes, as described in the Privacy Policy and DPA.

13. Intellectual Property

We retain all rights, title, and interest in and to the Services, software, and documentation. You retain all rights in Customer Data. You grant us a non‑exclusive license to process Customer Data to provide and improve the Services, subject to the Privacy Policy and DPA.

14. Data Protection

Each party will comply with Applicable Law relating to personal data. The DPA governs processing of personal data by Piixoo on your behalf, including subprocessors and international transfers (e.g., SCCs where applicable).

15. Confidentiality

Each party will protect the other’s Confidential Information with reasonable care and use it only for purposes of this Agreement. Confidentiality obligations do not apply to information that is public, already known without duty of confidentiality, independently developed, or rightfully obtained from a third party.

16. Warranties; Disclaimers

• Each party warrants it has the authority to enter these Terms.
• THE SERVICES ARE PROVIDED “AS IS”. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON‑INFRINGEMENT. WE DO NOT WARRANT DELIVERABILITY, OPEN/CUSTOMER RESPONSE RATES, OR THAT SENDING WILL BE UNINTERRUPTED OR ERROR‑FREE.

17. Indemnification

• You will indemnify and hold Piixoo harmless from claims, damages, and costs (including reasonable attorneys’ fees) arising from (a) your content or Customer Data; (b) your breach of these Terms or Applicable Law; or (c) alleged infringement caused by your content or use of the Services in violation of these Terms.

18. Limitation of Liability

• TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, OR DATA, EVEN IF ADVISED OF THE POSSIBILITY.
• EXCEPT FOR YOUR PAYMENT OBLIGATIONS OR INDEMNITY, EACH PARTY’S AGGREGATE LIABILITY UNDER THESE TERMS WILL NOT EXCEED THE AMOUNTS PAID OR PAYABLE BY YOU TO PIIXOO IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.

19. Export, Sanctions & Anti‑Corruption

You represent and warrant that you are not located in, under the control of, or a national or resident of any embargoed country or prohibited party list, and that you will comply with export, sanctions, and anti‑corruption laws (including U.S., U.K., and EU regimes) in connection with your use of the Services.

20. Changes to the Services or Terms

We may modify the Services or these Terms to improve functionality, address legal or security requirements, or reflect provider policies. Material changes will be notified via the Services or email and will take effect upon posting or on the specified effective date. Continued use after the effective date constitutes acceptance.

21. Notices

Notices to Piixoo must be sent to the address or email we designate within the Services. We may provide notices to you via the Services UI or your account email.

22. Governing Law; Venue

These Terms are governed by the laws of the State of California, United States. Exclusive venue lies with the state and federal courts located in San Francisco, California, unless otherwise required by Applicable Law.

23. Miscellaneous

• Neither party may assign these Terms without the other’s consent, except to an affiliate or in connection with a merger, acquisition, or sale of substantially all assets.
• If any provision is held unenforceable, it will be modified to the minimum extent necessary to be enforceable, and the remainder will remain in effect.
• Failure to enforce any provision is not a waiver.
• These Terms, together with the documents referenced above, are the entire agreement between the parties regarding the Services.

Questions? Contact us via the Support page.