Draft. This document is a pre-launch draft based on market-standard terms for email deliverability services and is being reviewed by legal counsel. Questions: welcome@roxinbox.io.
1. About these terms
These Terms of Service (the “Terms”) govern access to and use of RoxInbox, including the website at roxinbox.io, the web application, the API and the free tools (together, the “Service”). The Service is provided by Havik Group, with its registered seat in Utrecht, Netherlands, registered with the Dutch Chamber of Commerce (KvK) under number 98526472, VAT number NL005337255B51 (“RoxInbox”, “we”, “us”).
By creating an account, connecting a mailbox or otherwise using the Service, you agree to these Terms on behalf of yourself and the organisation you represent (“you” or the “Customer”). If you do not have authority to bind that organisation, do not use the Service.
The Service is intended for business use only. It is not offered to consumers.
2. Definitions
- Mailbox: an email account you connect to the Service.
- Network: the mailboxes, including mailboxes operated by us and mailboxes connected by other customers, that exchange Warm-up Messages through the Service.
- Warm-up Message: a message generated and exchanged by the Service between Network mailboxes to build sender reputation. Warm-up Messages are identified by the Service and handled separately from your other email.
- Customer Data: data you or your Mailboxes provide to the Service, including mailbox credentials, mailbox metadata and the content of your own test messages.
- Plan: the subscription you select, as described on the pricing page or in an order form.
- DPA: our Data Processing Agreement, which forms part of these Terms.
3. Accounts and eligibility
You must give accurate account and billing information and keep it current. You are responsible for all activity under your account and for keeping log-in credentials secure. Tell us promptly at welcome@roxinbox.io if you suspect unauthorised access.
To protect the Network, we may verify the identity of a customer and the legitimacy of its sending (“know your customer” checks), especially on paid plans, before or after activating Mailboxes. We may decline or end an account that does not pass verification.
4. The service and the network
The Service builds, measures and monitors the sender reputation of your Mailboxes. Depending on your Plan it includes warm-up, inbox placement tests, DNS and blocklist checks, health scores, alerts and reports.
Participation in the Network. Warm-up works by exchange. By enabling warm-up on a Mailbox you authorise the Service to:
- send Warm-up Messages from the Mailbox to other Network mailboxes;
- receive Warm-up Messages from other Network mailboxes in the Mailbox; and
- act on those Warm-up Messages inside the Mailbox: open, reply, mark as important, move out of spam, label and archive them.
The Service does not read, change or delete your other messages, except as needed to identify Warm-up Messages, and does not send your campaign content to the Network. You agree not to use Warm-up Messages, or addresses you learn from them, for any purpose other than warm-up.
Placement tests send messages you choose to seed mailboxes we operate, and report where they landed.
We may improve, change or retire features. If we remove a material feature of a paid Plan during a subscription term, we will tell you in advance and you may cancel and receive a pro-rata refund of prepaid fees for the remaining term.
5. Your mailboxes
You confirm that you own each Mailbox you connect, or are authorised by its owner to connect it and to grant the permissions in section 4. You remain responsible for complying with the terms of your email providers. Mailbox providers set and change their own policies; we cannot guarantee that a provider will not limit, suspend or close a Mailbox.
You are responsible for your own email campaigns, including their content, recipient lists and compliance with laws such as the GDPR, the ePrivacy rules, CAN-SPAM and CASL. Warm-up improves reputation; it does not make unlawful or unwanted email acceptable.
6. Acceptable use
Your use of the Service must comply with our Acceptable Use Policy. In short: no spam, no sending without a lawful basis, no phishing or malware, no misuse of the Network, and no attempts to break or reverse-engineer the Service.
7. Free tools
The free tools on our website (such as the domain health check, record checkers and generators, blacklist checker and warm-up calculator) are provided as-is, without an account and without charge. Results depend on public DNS data and third-party lists at the time of the check, and are guidance rather than a guarantee. Do not use the tools to probe domains you have no legitimate interest in, or in an automated way that burdens the service.
8. Fees and billing
- Fees are set out on the pricing page or in your order form, are charged per Mailbox unless stated otherwise, and are payable in advance for each monthly or annual billing period.
- Subscriptions renew automatically for the same period unless cancelled before the renewal date.
- Mailboxes added during a period are charged pro rata for the rest of that period.
- Fees exclude VAT and other taxes, which are added where applicable. Business customers in the EU outside the Netherlands may be subject to the reverse-charge mechanism when they provide a valid VAT number.
- We may change prices with at least 30 days' notice. Changes apply from your next renewal. Annual prices are fixed for the annual term.
- If a payment fails, we may retry it and, after notice, suspend the Service until it is paid.
9. Cancellation and refunds
You can cancel at any time in the app. Cancellation takes effect at the end of the current billing period, and you keep access until then. Fees already paid are not refundable except where these Terms say otherwise or where the law requires it. Removing a Mailbox stops its charge from the next period.
10. Inbox-ready guarantee
Paid Mailboxes are covered by the Inbox-ready guarantee on the terms and conditions set out on that page, which form part of these Terms. The guarantee provides a service credit, not a refund, and is your sole remedy for a Mailbox's inbox placement falling below the guaranteed level.
11. Data protection
When we process personal data as part of Customer Data, we act as your processor under the DPA, which applies automatically and forms part of these Terms. When we process personal data about you and your users to run our business (for example account and billing data), we act as a controller, as described in our Privacy Policy.
Mailbox credentials are stored encrypted and used only to provide the Service. Customer Data is hosted in the European Union.
We may compile aggregated, anonymised statistics from use of the Service, such as inbox placement rates by provider, and publish them (for example in our placement index). These statistics do not identify you, your Mailboxes or any individual.
12. Intellectual property
We own the Service, including its software, network, models and content, and grant you a non-exclusive, non-transferable right to use it during your subscription under these Terms. You own your Customer Data and grant us the rights needed to provide the Service. If you send us feedback, we may use it without obligation to you.
13. Confidentiality
Each party will protect the other's non-public information with reasonable care, use it only to perform under these Terms, and disclose it only to people who need it and are bound by confidentiality. This does not apply to information that is public, already known, independently developed, or that must be disclosed by law.
14. Suspension and termination
We may suspend a Mailbox or account immediately if we reasonably believe it breaches the Acceptable Use Policy, endangers the Network or other customers, creates legal risk, or is used for fraud. Where reasonable, we will tell you why and give you a chance to fix the problem.
Either party may terminate for material breach that is not cured within 30 days of written notice. On termination, your right to use the Service ends, Mailboxes are disconnected, credentials are deleted, and Customer Data is deleted as set out in the DPA.
15. Warranties and disclaimers
We will provide the Service with reasonable skill and care. Inbox placement depends on factors outside our control, including mailbox provider policies, your DNS configuration, your content, your recipients and your sending practices. Except for the Inbox-ready guarantee and to the extent permitted by law, we do not warrant any particular deliverability result, and the Service is provided “as is” and “as available”.
16. Limitation of liability
To the extent permitted by law:
- neither party is liable for indirect or consequential loss, lost profits, lost revenue or lost business opportunities, including losses from email that was not delivered;
- each party's total liability arising from these Terms in any 12-month period is limited to the fees paid or payable by you for the Service in the 12 months before the event giving rise to the claim.
These limits do not apply to liability that cannot be limited by law, to liability for intent or gross negligence (opzet of bewuste roekeloosheid), or to your payment obligations and your indemnity under section 17.
17. Indemnity
You will defend and indemnify Havik Group against third-party claims, fines and reasonable costs arising from your email campaigns, your recipient lists, your breach of the Acceptable Use Policy, or Mailboxes you connected without authority.
18. Changes
We may update these Terms. For material changes we will give at least 30 days' notice by email or in the app. If you do not agree, you may cancel before the change takes effect and receive a pro-rata refund of prepaid fees. Continued use after the effective date means you accept the updated Terms.
19. Governing law
These Terms are governed by the laws of the Netherlands. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Disputes will be submitted exclusively to the competent court in Utrecht, the Netherlands.
20. General
These Terms, together with the DPA, the Acceptable Use Policy, the guarantee terms and any order form, are the entire agreement between us about the Service. If an order form conflicts with these Terms, the order form prevails for that order. You may not assign these Terms without our consent; we may assign them to an affiliate or in a merger or sale. If any part of these Terms is unenforceable, the rest remains in effect. Neither party is liable for delays caused by events beyond its reasonable control. Our general terms are the only terms that apply; any purchasing terms you use are rejected.
21. Contact
Havik Group, Utrecht, Netherlands. KvK 98526472. VAT NL005337255B51. Email: welcome@roxinbox.io.