Terms of Service

1. The Service

Faivelo provides hosted email on custom domains, including mailbox creation, automatic DNS configuration, sending and receiving, webmail, mobile apps, calendar, and email campaigns for both marketing and cold outreach. We may add, change, or remove features over time. Features labelled beta, preview, or experimental are provided for evaluation, may change or be withdrawn at any time, and are excluded from any commitments in these Terms. We aim for high availability, but the Service is provided without any guarantee that it will be uninterrupted, timely, or error-free, and we may perform maintenance that temporarily limits availability.

2. Accounts and eligibility

You must be at least 18 years old (or the age of majority where you live) and provide accurate information. You are responsible for your account, for keeping your credentials secure, and for all activity under your account and the mailboxes you create — including activity by team members you give mailboxes to. Notify us promptly at support@faivelo.com if you suspect unauthorised access. We are not liable for loss caused by unauthorised use of your account resulting from your failure to keep credentials secure. We may ask you to verify your identity or business before enabling higher sending limits or outreach features.

3. Campaigns, acceptable use, and anti-spam

Campaigns are a core part of Faivelo, not an afterthought: we built the Service so that legitimate businesses can run newsletters and cold outreach that actually reach the inbox. Deliverability is a shared resource — one abusive sender can damage every customer’s ability to reach the inbox — so the same infrastructure that protects our customers imposes real rules. The Service supports two kinds of campaign email, with different rules, and the platform enforces most of them automatically. Our plain-English Sending Policy explains both and forms part of these Terms; we may update it as deliverability standards and mailbox-provider requirements evolve.

Marketing campaigns (newsletters, promotions, product updates) may only be sent to recipients who gave you prior consent to receive them (opt-in). Purchased, rented, scraped, or harvested lists are prohibited for marketing campaigns.

Cold outreach campaigns (first-contact prospecting email) may be sent without prior consent only where doing so is lawful, and subject to all of the following: (i) recipients must be individually relevant business contacts you selected yourself — purchased, rented, scraped, or bulk-harvested lists are prohibited for outreach too; (ii) your identity and contact details, including a valid postal address, must appear in every message; (iii) you must comply with the law of each recipient’s jurisdiction (for example the CAN-SPAM Act in the United States, CASL in Canada, and the GDPR and national ePrivacy rules in Europe, several of which require consent even for business outreach); and (iv) you must stay within the sending limits, warm-up schedules, and automated safeguards the Service enforces, which we may change to protect deliverability.

Regardless of campaign type, you agree not to use the Service to: (a) send phishing, malware, or deceptive content, or impersonate any person, brand, or domain; (b) transmit content that is unlawful, infringing, defamatory, or that exploits or harms minors; (c) violate the CAN-SPAM Act, GDPR, CASL, or any other applicable anti-spam or privacy law; (d) probe, disrupt, or circumvent the security, rate limits, warm-up schedules, or abuse controls of the Service, including by rotating domains, mailboxes, or accounts to evade limits; (e) interfere with other customers’ use of the Service or place excessive load on shared infrastructure; or (f) resell or white-label the Service without our written agreement.

You must honour unsubscribe and opt-out requests immediately and must not remove or tamper with the unsubscribe mechanisms and compliance footers the Service applies to campaign email. We use automated filtering, sending limits, list-quality checks, and abuse controls — including automatically pausing campaigns with elevated bounce or complaint rates — and we may throttle, suspend, or terminate any account immediately and without prior notice where we reasonably believe this section has been violated or our mail infrastructure’s reputation is at risk. You — not Faivelo — are the sender of the email you transmit through the Service and are solely responsible for it, for your recipients’ consent where required, and for the lawfulness of your outreach. To report spam or abuse originating from the Service, email support@faivelo.com.

4. Compliance tools are not legal advice

The Service includes features designed to help you send responsibly — automatic unsubscribe links and compliance footers, suppression lists, list-quality checks, warm-up schedules, and in-product guidance about anti-spam laws. These features are engineering aids, not legal advice, and using them does not by itself make your campaigns lawful. Laws governing commercial email vary by jurisdiction and change over time; you are responsible for determining, with your own legal counsel where appropriate, that your sending complies with the laws that apply to you and your recipients.

5. Domains and DNS

You represent and warrant that you own or are authorised to manage each domain you add, and you authorise us to create and manage the DNS records needed to operate email for it, including via registrar API credentials you provide. You remain responsible for your domain registration, renewal, and registrar account. We are not responsible for DNS changes made outside the Service, registrar outages or errors, or the consequences of expired or transferred domains. We may remove domains that are unverified, expired, or associated with abuse.

6. Plans, billing, and trials

Paid plans are billed in advance on a recurring basis through Stripe, plus applicable taxes (which you are responsible for, other than taxes on our income). Free trials, where offered, convert to a paid subscription unless cancelled before the trial ends. You may cancel at any time, effective at the end of the current billing period; fees already paid are non-refundable except where the law requires otherwise. If a payment fails, we may suspend the Service after reasonable notice until payment is made. We may change prices with at least 30 days’ notice, effective from your next renewal. Plan limits (such as storage and monthly campaign volume) are described on our pricing page and may be enforced technically; limits exist to keep the Service fast and deliverable for everyone, and we may throttle usage that substantially exceeds them.

7. Your content and data

You retain full ownership of your email, contacts, and data. You grant us only the limited, non-exclusive licence needed to host, transmit, store, back up, and display that content in order to operate the Service on your behalf — nothing more. We do not claim any rights to use your content for advertising or model training. Our handling of personal data is described in the Privacy Policy. You are responsible for the content you send and store and for maintaining your own copies of anything critical; we provide the Service as a host, not an archive of record. If you send us feedback or suggestions about the Service, you grant us a perpetual, irrevocable, royalty-free licence to use them without restriction or obligation to you.

8. Data protection

For personal data in the recipient lists and campaign content you process through the Service, you are the data controller and Faivelo is your processor: we process that data only on your documented instructions (as embodied in the Service’s features), apply the security measures described in the Privacy Policy, and delete it as described there. A Data Processing Addendum incorporating the Standard Contractual Clauses is available on request at support@faivelo.com for customers subject to the GDPR or UK GDPR. You warrant that you are entitled to transfer that data to us for processing and that you have provided your recipients with any legally required notices.

9. Intellectual property and copyright complaints

The Service, including its software, design, and the Faivelo name and marks, is owned by us or our licensors and is protected by intellectual-property laws. We grant you a limited, non-exclusive, non-transferable right to use the Service as intended for the duration of your subscription. You may not copy, modify, reverse-engineer, or create derivative works of the Service except where the law permits.

We respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. Send notices identifying the copyrighted work, the allegedly infringing material, and your contact details to support@faivelo.com with the subject “DMCA Notice”. We may remove material and may terminate the accounts of repeat infringers.

10. Third-party services

The Service relies on third parties such as AWS, Stripe, and the DNS registrars you connect. Your use of a connected third-party service is governed by that provider’s own terms, and we are not responsible for third-party services, their availability, or their acts or omissions.

11. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not warrant that email will be delivered, received, or stored without delay, loss, or corruption, that spam filtering will be complete or error-free, or that the Service will meet your requirements. In particular, inbox placement is decided by receiving mail providers, not by us: we do not warrant that any message will reach a recipient’s inbox rather than a spam folder, or achieve any open, click, response, or conversion rate, and no statement in our marketing, documentation, or product about deliverability is a guarantee. Some jurisdictions do not allow certain disclaimers, so parts of this section may not apply to you.

12. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FAIVELO AND LOUIS & SCHWARTZ GROUP, LLC, ITS MEMBERS, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY — INCLUDING DAMAGES ARISING FROM UNDELIVERED OR DELAYED EMAIL, SPAM-FOLDER PLACEMENT, DOMAIN OR IP REPUTATION EFFECTS, OR SUSPENSION OF SENDING UNDER OUR ABUSE CONTROLS. OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE IS LIMITED TO THE GREATER OF (A) THE AMOUNTS YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM AROSE AND (B) US $100. These limits do not apply to liability that cannot be limited by law. Any claim must be brought within one year after it arises, or it is permanently barred.

13. Indemnification

You will defend, indemnify, and hold harmless Faivelo and Louis & Schwartz Group, LLC, and its members, officers, employees, and agents, from and against any claims, damages, penalties, fines, and costs (including reasonable legal fees) arising from: (a) content you send, store, or transmit through the Service; (b) your violation of these Terms, the Sending Policy, or any anti-spam, privacy, or data-protection law; (c) your recipient lists or lack of recipient consent, including claims brought by your campaign recipients or by regulators; (d) domains you add that you were not authorised to use; or (e) your violation of any third party’s rights.

14. Governing law, arbitration, and class-action waiver

These Terms are governed by the laws of the State of Delaware, USA, without regard to its conflict-of-laws rules. If you reside in a jurisdiction whose consumer-protection laws grant you mandatory rights, nothing in this section deprives you of them.

Informal resolution first. Before filing any claim, you agree to email support@faivelo.com with a description of the dispute and give us 60 days to resolve it informally.

Binding arbitration. Any dispute that is not resolved informally will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court. Either party may instead bring an individual claim in small-claims court, and either party may seek injunctive relief in court for infringement or misuse of intellectual property or for unauthorised access to the Service.

Class-action waiver. DISPUTES WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS. YOU AND FAIVELO EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE PROCEEDING.

Opt-out. You may opt out of this arbitration agreement by emailing support@faivelo.com with the subject “Arbitration Opt-Out” within 30 days of first accepting these Terms. Opting out does not affect any other part of these Terms; disputes would then be resolved exclusively in the state or federal courts located in Delaware, and you consent to their jurisdiction.

15. Suspension and termination

You may stop using the Service and delete your account at any time from your dashboard. We may suspend or terminate access immediately where you materially breach these Terms (including the Sending Policy), where required by law, or where your use creates security, legal, or deliverability risk to the Service or other customers; for other breaches we will give reasonable notice and a chance to cure. On termination your right to use the Service ends. Except where we terminate for abuse, we will make reasonable efforts to give you a window to export your mail before deletion. Data is deleted as described in the Privacy Policy. Sections that by their nature should survive (including Sections 7, 8, and 11–14) survive termination.

16. Export controls and sanctions

You may not use the Service in violation of US export-control or sanctions laws, and you represent that you are not located in an embargoed country and are not on any US government restricted-party list.

17. General

These Terms, the Sending Policy, and the Privacy Policy are the entire agreement between you and us regarding the Service. If any provision is found unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. Neither party is liable for delay or failure caused by events beyond its reasonable control. We may update these Terms from time to time; for material changes we will give at least 14 days’ notice by email or in-app notice, and continued use after the effective date constitutes acceptance.

18. Contact

Faivelo is operated by Louis & Schwartz Group, LLC, a Delaware limited liability company. Registered office: 131 Continental Dr, Suite 305, Newark, DE 19713, USA (c/o Legalinc Corporate Services Inc., registered agent). Questions about these Terms? Email support@faivelo.com.