Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User", "you", or "your") and HarisLab Connect ("we", "us", or "our"). These Terms govern your access to and use of our email marketing software, APIs, dashboards, subscriber forms, and mail delivery infrastructure (collectively, the "Service").

By registering an account, connecting your infrastructure, or using any part of the Service, you agree to be bound by these Terms. If you do not agree, do not access or use the Service.

1. Account Registration & Security

1. Eligibility: You must be at least 18 years old and capable of forming a binding legal contract to use the Service.
2. Account Details: During registration, you must provide accurate and complete information, including your Full Name, Work Email, and a secure Password (minimum 6 characters). Providing a Company or Project name is optional.
3. Credential Confidentiality: You are solely responsible for maintaining the confidentiality of your account credentials. You are responsible for all activities, campaign dispatches, and form configurations occurring under your account.
4. Security Notice: You must notify us immediately of any unauthorized access, breach of credentials, or suspected security incident affecting your account.

2. Subscription Tiers, Billing & Payments

1. Merchant of Record: All payments, recurring subscription billing, tax assessments, and invoicing for HarisLab Connect are processed by our Merchant of Record, Lemon Squeezy. By purchasing a paid tier, you agree to Lemon Squeezy's terms of service and billing policies.
2. Tier Limits & Enforcement:
   • Free Hobby: Capped at defined subscriber limits, daily send quotas, and system credits.
   • Pro (BYOK): Allows connection of external SMTP credentials with uncapped send volume, subject to application concurrency and queue limits.
   • Scale (Managed): Uses our managed delivery infrastructure (@hlcmail.online) and is subject to strict subscriber caps, monthly limits, and queue throttling.
3. Usage Limits: If your account exceeds the subscriber or dispatch limits assigned to your tier, we reserve the right to throttle dispatches, pause outgoing campaigns, or require an upgrade to an appropriate tier.
4. Cancellations & Renewals: Paid subscriptions renew automatically on a recurring monthly or annual basis until canceled via your dashboard billing settings. Cancellation prevents future billing cycles while maintaining access until the end of the paid period.
5. Refunds: Due to the operational and infrastructure overhead of provisioned email relay services, refunds are evaluated on a case-by-case basis in accordance with our stated refund policy and Lemon Squeezy guidelines.

3. Acceptable Use Policy & Anti-Spam Guidelines

HarisLab Connect enforces a strict zero-tolerance policy against unsolicited mass email (spam), fraud, and harmful material. You agree not to use the Service to:

1. Send Unsolicited Commercial Email (Spam): You must not send emails to purchased, rented, scraped, third-party, or harvested contact lists. All recipients must have granted explicit, verifiable consent (opt-in) to receive communications from you.
2. Violate Email Regulations: You must strictly adhere to all applicable email and consumer protection laws, including the CAN-SPAM Act, CASL, and GDPR. This includes providing an accurate physical mailing address or valid identifier and a functioning one-click unsubscribe mechanism in every marketing campaign.
3. Distribute Malicious Content: You may not upload, transmit, or link to malware, spyware, phishing schemes, fraudulent offers, deceptive sweepstakes, or harmful code.
4. Impersonate or Forge Headers: You may not forge email headers, falsify sender identities, or manipulate return paths to mislead recipients about the true origin of a message.
5. Bypass Queue Pacing: You may not intentionally attempt to bypass, overwhelm, or reverse-engineer our backend delivery worker throttles, rate limiters, or queue managers.

Violation of these rules will result in immediate suspension or permanent termination of your account without notice or refund.

4. Platform Infrastructure, Delivery & AI Screening

1. Pre-Send AI Moderation & Scanning: To protect sender reputation and prevent service abuse, outgoing campaigns are processed through automated AI pre-send scanning tools. We reserve the right to block, reject, or halt campaigns that trigger excessive phishing heuristics, severe spam indicators, or prohibited content.
2. Smart Delivery Throttling: Outbound campaigns delivered through our managed infrastructure are subject to automated queue pacing and drip delivery (e.g., standard rates of ~22 emails/minute). We do not guarantee instantaneous bulk delivery; pacing is applied to preserve IP health, adhere to upstream network policies, and ensure optimal inbox placement.
3. Deliverability Disclaimers: While we configure SPF, DKIM, DMARC, and pre-send safety checks, we do not guarantee that 100% of your emails will reach recipient inboxes. Final delivery depends on recipient mailbox providers (e.g., Gmail, Microsoft, Yahoo), domain reputation, and the nature of your content.
4. BYOK (Custom SMTP): If you utilize our Pro tier with your own SMTP keys (such as AWS SES, Mailgun, or Postmark), you acknowledge that delivery success, sending reputation, and provider fees are your direct responsibility with that third-party provider.

5. Security & Credential Storage

1. Password Hashing: Your account passwords are encrypted and stored using Bcrypt.
2. Infrastructure Encryption: All third-party credentials, including custom SMTP secrets and API keys, are stored at rest using AES-256-GCM authenticated encryption.
3. Your Responsibility for Keys: While we employ authenticated encryption to protect stored keys, you remain responsible for revoking, rotating, and managing access permissions for any API credentials you issue to the platform.

6. Intellectual Property & User Content

1. Our Intellectual Property: The HarisLab Connect name, logo, dashboard interfaces, software code, visual assets, documentation, and underlying systems are the exclusive property of HarisLab and are protected by applicable intellectual property laws. You are granted a limited, non-exclusive, non-transferable right to access the Service in accordance with these Terms.
2. Your Content & Subscriber Lists: You retain full ownership of all email templates, text copy, media assets, and subscriber lists you upload to the platform.
3. License to Operate: By submitting campaign copy and subscriber data, you grant us a limited, non-exclusive, royalty-free license to store, process, scan, and transmit that data solely as necessary to operate the Service and carry out your dispatch instructions.

7. Account Suspension & Termination

1. Termination by You: You may stop using the Service and delete your account at any time via your account settings.
2. Suspension or Termination by Us: We reserve the right to suspend or terminate your account immediately, with or without prior notice, if:
   • You breach any provision of these Terms or the Acceptable Use Policy.
   • Your outbound campaigns generate excessive bounce rates (exceeding 5%), spam complaints (exceeding 0.1%), or trigger blacklist listings.
   • Your account activity threatens the technical integrity, security, or domain reputation of our infrastructure.
   • Required subscription payments are overdue or fail processing.

8. Disclaimer of Warranties

The Service is provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, whether express, implied, statutory, or otherwise. To the maximum extent permitted by law, we disclaim all warranties, including but not limited to:

• Merchantability, fitness for a particular purpose, and non-infringement.
• Uninterrupted, timely, secure, or error-free platform operation.
• Specific email open rates, click-through rates, conversion rates, or deliverability guarantees.

9. Limitation of Liability

To the fullest extent permitted by applicable law, in no event shall HarisLab Connect, its operators, affiliates, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation:

• Loss of profits, revenue, data, goodwill, or business opportunities.
• Delivery failures, message delays, or blacklisting resulting from recipient filter actions.
• Unauthorized access, alteration, or loss of your stored lists or campaigns.

Our total aggregate liability for all claims arising out of or relating to these Terms or the Service shall not exceed the total amount paid by you to HarisLab Connect in the twelve (12) months preceding the event giving rise to the claim.

10. Indemnification

You agree to indemnify, defend, and hold harmless HarisLab Connect, its operators, officers, and contractors from and against any third-party claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with:

• Your violation of these Terms or our Acceptable Use Policy.
• The content, copy, or links included in campaigns sent from your account.
• Any claim that your emails violated anti-spam regulations (such as CAN-SPAM or GDPR) or infringed on third-party intellectual property or privacy rights.

11. Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which the operator of HarisLab Connect is registered, without regard to its conflict of law principles. Any dispute, claim, or controversy arising out of or relating to these Terms shall be settled through good-faith mutual negotiations before seeking formal legal remedies in competent courts of that jurisdiction.

12. Modifications to Terms

We reserve the right to update or modify these Terms at any time. When modifications are made, we will revise the "Last Updated" date at the top of this document. Material changes will be communicated via an in-app notice within your dashboard. Continued use of the Service after the effective date of updated Terms constitutes your acceptance of the revisions.