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Zero Spam Terms of Service

Last updated: May 14, 2023

These Terms of Service (“Terms”) are a legally binding agreement between you and Highfivery LLC (“Highfivery,” “we,” “us,” or “our”) governing your access to and use of Zero Spam (the “Service”), including our API, website, dashboards, and any related tools or documentation.

By creating an account, accessing the Service, or using an API key, you agree to these Terms. If you don’t agree, do not use the Service.

1) Who May Use the Service

You must be at least 18 years old and able to form a binding contract to use the Service.

If you use the Service on behalf of a company or other entity, you represent that you have authority to bind that entity to these Terms, and “you” refers to that entity.

2) Definitions (Plain English)

  • “API” means the Zero Spam application programming interface and endpoints we provide.
  • “API Output” means the responses, scores, classifications, metadata, and other output returned by the API.
  • “Customer Content” means the inputs you submit to the Service (including email addresses, IP addresses, domains, request payloads, and related data).
  • “Subscription” means a paid plan (monthly or annual) that provides API access.
  • “Free Tier” means limited, no-cost access subject to usage caps and feature limits.

3) Your Account, License Key, and Security

  1. Account Required (Paid). Paid access requires an account and API key(s) issued to you.
  2. No Sharing / No Resale Access. Your account and API keys are for your use only. You may not sell, rent, sublicense, or share your API key(s) with third parties.
  3. Keep Credentials Secure. You’re responsible for all activity under your account and keys, including unauthorized use caused by your failure to secure them.
  4. Notify Us. If you suspect compromise, contact us immediately at info@zerospam.org.

4) Subscriptions, Billing, Auto-Renewal, and Cancellations

  1. Auto-Renewal. Subscriptions renew automatically (monthly or annually) unless you cancel before renewal.
  2. Payment Processor. Payments are processed via Stripe (including Stripe’s payment methods and rails).
  3. Self-Serve Cancellation. You can cancel anytime through your account.
  4. Access Until Period End. If you cancel, your Subscription remains active until the end of your current paid billing period, then stops renewing.

Plan changes (upgrades/downgrades)

If you change plans, we (and/or our billing system) may charge you immediately, prorate, credit, or apply changes at the next renewal depending on what is presented to you at checkout or in your account. You authorize any charges shown to you at the time you confirm the change.

5) Refunds and No Prorations

Our Refund & Cancellation Policy is incorporated into these Terms by reference and governs refunds and billing-error corrections.

Except where required by law or expressly stated in the Refund & Cancellation Policy, all fees are non-refundable and non-creditable, and we do not provide prorated refunds.

6) Taxes

Prices shown are generally exclusive of taxes unless stated otherwise. You are responsible for applicable taxes, duties, or government charges. We may collect taxes when required.

7) Free Tier

We may offer a Free Tier. The Free Tier is provided as-is, may be changed or discontinued at any time, and is subject to strict limits.

Free Tier limit: 10 API requests per month (unless we state otherwise in-product or on our website).

8) Acceptable Use (Be Normal)

You agree to use the Service responsibly and not misuse it. You may not, and may not help others to:

A) Break laws or harm others

  • Use the Service for illegal activity, harassment, doxxing, stalking, threats, or to violate others’ rights.
  • Transmit malware, run phishing campaigns, or facilitate fraud or unauthorized access.

B) Abuse the Service or bypass limits

  • Probe, scan, or test the vulnerability of the Service or our systems.
  • Circumvent rate limits, access controls, or restrictions.
  • Use automated means to access our website in ways that overload or degrade it.

C) Build a competing dataset or resell output

  • Resell, repackage, or provide API Output as a standalone product or service to third parties.
  • Use the API or API Output to create or improve a competing blacklist, threat database, scoring service, or similar product, except for your internal use in operating your own services.

D) High-volume / enterprise usage

If you anticipate sustained high-volume usage or traffic spikes that could impact performance, you agree to contact us so we can align you to an appropriate plan or implementation. We may throttle, rate-limit, or require plan changes to protect the Service for all users.

9) Storing, Logging, and Caching API Output (Allowed, With Limits)

You may store and use API Output for your internal business purposes, including:

  • logging requests and responses for security/audit/debug purposes,
  • caching for performance,
  • storing outcomes for moderation/decisioning inside your systems.

But:

  • You must not use storage/caching to reconstruct or distribute our datasets, models, or outputs in bulk to third parties.
  • You must implement reasonable safeguards to protect Customer Content and API Output (e.g., access controls, least privilege).
  • If your account is terminated, you must stop using the Service and API Output except to the extent you must retain records to comply with law.

10) Customer Content and Your Responsibilities

You represent and warrant that:

  • you have the rights and permissions needed to submit Customer Content to the Service, and
  • your submission and use of the Service does not violate any law or third-party rights.

You are responsible for your decisions and actions based on API Output. The Service provides signals and classifications, not certainty.

11) Intellectual Property

  1. We Own the Service. The Service, API, documentation, and all related intellectual property are owned by Highfivery and its licensors.
  2. License to You. Subject to these Terms and your Subscription, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service and API Output for your internal purposes.
  3. No Reverse Engineering. You may not reverse engineer, decompile, or attempt to discover source code, models, or underlying methods except to the extent such restriction is prohibited by law.

12) Privacy

Our Privacy Policy explains how we collect and use data, including logging and analytics. By using the Service, you agree that we can process information as described there:

Privacy Policy: https://www.zerospam.org/privacy

We do not store your full credit card details; payment data is handled by Stripe.

13) Suspension and Termination

We may suspend or terminate your access immediately if:

  • you violate these Terms,
  • you attempt to abuse or degrade the Service,
  • your payment fails or is disputed (see Section 14),
  • we believe your use creates risk or legal exposure for us, you, or others.

If we terminate or suspend for cause, no refunds will be provided (except where required by law).

14) Payment Disputes and Chargebacks

If you believe a charge is incorrect, contact us at info@zerospam.org first.

If you file a chargeback or dispute:

  • we may suspend access while it’s pending,
  • we may provide transaction and account records to Stripe and your bank/card issuer,
  • if resolved in our favor, you remain responsible for amounts owed.

15) Disclaimers (The “AS-IS” Part)

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.”

To the maximum extent permitted by law, Highfivery disclaims all warranties and guarantees, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not guarantee that:

  • the Service will be uninterrupted, error-free, or perfectly accurate,
  • the API Output will detect all spam/abuse or never flag legitimate traffic,
  • your use of the Service will achieve any specific business outcome.

16) Limitation of Liability

To the maximum extent permitted by law:

  1. No indirect damages. Highfivery will not be liable for indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, goodwill, or business interruption.
  2. Liability cap. Highfivery’s total liability for all claims related to the Service will not exceed the greater of:
    • $100 USD, or
    • the total amount you paid to Highfivery for the Service in the 12 months before the event giving rise to the claim.

Some jurisdictions don’t allow certain limitations; in that case, the limitation applies to the fullest extent allowed.

17) Indemnification

You agree to defend, indemnify, and hold harmless Highfivery and its owners, employees, and agents from claims, damages, liabilities, and expenses (including reasonable attorneys’ fees) arising out of:

  • your Customer Content,
  • your misuse of the Service,
  • your violation of these Terms, or
  • your violation of law or third-party rights.

18) Arbitration and Class Action Waiver (Important)

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS.

A) Agreement to arbitrate

Except for claims that qualify for small claims court or requests for injunctive relief relating to intellectual property or misuse of the Service, any dispute arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration, not in court.

The arbitration will be governed by the Federal Arbitration Act (FAA).

B) Class action waiver

You and Highfivery agree that disputes must be brought only in an individual capacity. No class actions, class arbitrations, private attorney general actions, or representative proceedings are allowed.

C) Arbitration forum and rules

Arbitration will be administered by AAA (American Arbitration Association) under its applicable rules, unless the parties agree otherwise. The arbitration may be conducted remotely (video/phone) where permitted.

D) Opt-out (30 days)

You may opt out of arbitration and the class action waiver by emailing info@zerospam.org within 30 days of first accepting these Terms. Include:

  • your account email,
  • a clear statement you’re opting out of arbitration,
  • the date you accepted the Terms.

If you opt out, Section 18 will not apply, but the rest of these Terms still do.

19) Governing Law and Venue (If Arbitration Doesn’t Apply)

These Terms are governed by the laws of the State of Texas, excluding conflict-of-law rules.

If a dispute is allowed in court (for example, small claims or an IP injunction), you agree to exclusive jurisdiction and venue in the state or federal courts located in Travis County, Texas, and you waive objections to venue or inconvenient forum.

20) Changes to the Service or Terms

We may change the Service or these Terms from time to time. If we make material changes, we’ll update the “Last updated” date and may provide additional notice.

Your continued use of the Service after changes become effective means you agree to the updated Terms.

21) Miscellaneous Legal Stuff

  • Entire agreement. These Terms + the Privacy Policy + the Refund & Cancellation Policy are the entire agreement about the Service.
  • Severability. If a provision is unenforceable, the rest remains in effect.
  • No waiver. Not enforcing a provision doesn’t waive it.
  • Assignment. You may not assign these Terms without our consent; we may assign them as part of a merger, acquisition, or asset sale.
  • Force majeure. We’re not liable for events beyond our reasonable control.

22) Contact

Highfivery LLC
651 N Highway 183
335 PMB 3069
Leander, TX 78641-7001

Email: info@zerospam.org