Terms of Service

These Terms of Service ("Terms") govern access to and use of the Postmaster Ops sending-infrastructure service ("Service"), operated by Oliver DeNune INC ("Postmaster Ops," "we," "us"), a Pennsylvania corporation. These Terms become binding on Customer upon execution of a Service Order that references them, or upon Customer's actual use of the Service — whichever occurs first. Submitting an application or requesting a fit assessment is not, by itself, contractual acceptance.

Order of precedence. In the event of any conflict between contractual documents, the following order controls, from most controlling to least: (1) the executed Service Order; (2) these Terms of Service; (3) the Acceptable Use Policy; (4) any other policy or document referenced herein. The Privacy Policy is a notice of practices and is not itself a contractual promise except where the Terms or Service Order incorporate specific provisions of it by reference.

§ 01 Definitions

Service

Managed SMTP-sending infrastructure and related deliverability, warmup, and diagnostic tooling operated by Postmaster Ops.

Service Order

The written document identifying the applicable Tier, provisioned resources, first-month cost, and effective date for your account.

Customer Content

Any messages, message templates, subscriber addresses, tracking URLs, or other data submitted by you through the Service.

AUP

The Acceptable Use Policy located at postmasterops.com/aup.html, which forms a binding part of these Terms.

Privacy Policy

The privacy notice located at postmasterops.com/privacy.html, describing Postmaster Ops's data-handling practices. The Privacy Policy is a notice of practices; specific data-processing obligations become contractual only if incorporated by reference into these Terms or a Service Order.

§ 02 The Service

Postmaster Ops provides managed SMTP-sending infrastructure engineered for delivery to Gmail addresses at scale. The Service is delivered on a managed basis: onboarding, provisioning, warmup, and steady-state monitoring are performed by Postmaster Ops on your behalf.

Specific provisioned resources (IP allocation, sending-domain provisioning, throughput ceilings) are set out in your Service Order. Postmaster Ops may modify Service features from time to time upon reasonable notice; material adverse changes will be communicated in advance.

No guarantee of inbox placement. The Service is optimised for reliable acceptance by receiving mail servers and for pipeline stability. Inbox placement itself depends on Customer Content, list quality, recipient behavior, and third-party filtering systems outside Postmaster Ops's control. No representation or warranty of inbox placement is made or implied.

§ 03 Eligibility & Account

The Service is offered to businesses and other commercial operators only. Consumer / individual accounts are not supported. You represent that you are an authorized signatory of the entity for which you are contracting, that your entity is legally formed and in good standing, and that neither the entity nor its principals are subject to sanctions or an active enforcement action related to email or telecommunications fraud.

Account access credentials are your responsibility. You are liable for all activity under your account until you notify Postmaster Ops in writing of a suspected compromise.

§ 04 Fees, Billing, & Refunds

4.1 Pricing

Plan pricing (Starter, Growth, Scale, Fleet) is per slot, where one slot is a dedicated IP paired with a dedicated sending domain. Onboarding is a single one-time fee that applies regardless of plan tier. Prices and slot counts are set out in the Service Order and reflect the rate card in effect on the Order's effective date. Postmaster Ops reserves the right to update rate-card pricing on prospective renewals with 30 days written notice.

4.2 Payment Methods

Fees are payable by (a) bank wire transfer in United States Dollars, or (b) select cryptocurrencies (USDC or USDT on Ethereum or Solana; BTC on the Bitcoin network) at your election, subject to Section 4.6. Credit cards, debit cards, PayPal, and ACH pull are not accepted. All applicable transfer fees and network fees are Customer's responsibility. All payments are subject to sanctions screening under Section 4.6; Postmaster Ops may refuse or return any payment that fails screening.

4.3 Billing Cycle

The Service is prepaid. Standard billing is monthly. Quarterly and annual prepayment options are available at a discount published on the rate card. The first invoice is issued upon Service Order execution and covers the setup fee plus the first month of Service. Provisioning begins upon payment clearance.

4.4 Refunds

Refunds are available on a pro-rated basis for prepaid unused Service fees where either party terminates the agreement for convenience under Section 6.4 or where Postmaster Ops terminates for reputation-related cause under Section 6.2.

No refund is available where termination is for cause under Section 6.3 (fraud, illegal activity, categorical AUP violation, evasive/deceptive conduct, or repeat borderline conduct after cure). Setup fees are non-refundable once provisioning has begun.

4.5 Payment Disputes & Chargebacks

Because the Service does not accept credit-card payment, chargebacks are not a supported dispute channel. Billing disputes must be raised in writing within 30 days of the invoice date and worked in good faith with Postmaster Ops. Attempts to reverse wire or cryptocurrency transactions through third-party channels after Service has been rendered will be treated as a material breach.

4.6 Cryptocurrency Payments & Sanctions Screening

Cryptocurrency transactions are subject to the same U.S. sanctions laws as fiat transactions, including the sanctions programs administered by the U.S. Office of Foreign Assets Control (OFAC). Postmaster Ops operates a risk-based screening program consistent with OFAC guidance; the specific controls applied to any given payment are at Postmaster Ops's discretion, informed by the Customer's risk profile.

Required outcomes:

• Sanctions screening against the OFAC Specially Designated Nationals and Blocked Persons List (SDN List) and against U.S. comprehensive-sanctions jurisdiction lists occurs before each cryptocurrency payment is credited, and is re-run on material changes to Customer identity, wallet, or risk profile.
• Postmaster Ops may require Customer to demonstrate control of the sending wallet — for example, by signing an operator-provided challenge string — as a condition of accepting payment from that wallet. This may not be feasible from every custodial account; alternative controls will be discussed on a case-by-case basis.
• Where screening returns a positive or inconclusive result, or where any other applicable-law requirement triggers, the payment will be refused, rejected, blocked, returned, or reported as required by applicable law. Postmaster Ops is under no obligation to explain the specific reason for any of the foregoing actions beyond what applicable law requires.

USD valuation. The USD-equivalent amount of a cryptocurrency payment is fixed at the rate and validity window quoted in the payment instructions Postmaster Ops issues to Customer, or, if none, at the spot price returned by a reputable exchange price feed at the first confirmed on-chain confirmation of Customer's transfer. That USD-equivalent amount is the amount credited against the invoice; subsequent price movements do not adjust the credit.

Refunds of cryptocurrency payments are issued at Postmaster Ops's election in either (a) the same cryptocurrency asset on the same network, computed by re-converting the USD-equivalent credit at a reasonable spot rate at the time of refund (Customer bears the risk of intervening price movement), or (b) USD via bank wire. Network fees for the refund transfer are Customer's responsibility and will be deducted from the refunded amount.

No contractual refund is available following a sanctions match. Where an OFAC positive result is identified after payment has been credited, funds will be blocked, returned, reported, or otherwise handled as applicable law requires. Nothing in this Section 4.6 obligates Postmaster Ops to take an action inconsistent with, or in preference to, an action required by law.

§ 05 Customer Obligations

You agree that you will:

• Comply with the AUP at all times.
• Comply with all applicable laws in the jurisdictions in which you operate and to which you send, including CAN-SPAM (US), CASL (Canada), UK GDPR, EU GDPR, and any other applicable anti-spam, consumer- protection, or data-protection regime.
• Obtain and maintain lawful consent (or a lawful alternative basis under applicable law) from every recipient to whom Customer Content is addressed.
• Include a functional unsubscribe mechanism in every commercial message, honor unsubscribe requests within the timelines required by applicable law, and not attempt to re-mail addresses that have unsubscribed.
• Provide accurate sender identity and non-deceptive subject-line and from-line content.
• Respond promptly to reasonable requests from Postmaster Ops for documentation supporting the lawful basis of your sending or your compliance with the AUP.

§ 06 Operational Suspension, Termination, & Refund

6.1 Operational Suspension & Throttling

Postmaster Ops may temporarily throttle, pause, or otherwise limit Customer's sending, in whole or in part, where reasonably necessary to protect upstream carriers, other Customers, or the integrity of the fleet's IP address space. Operational suspension is a protective measure and is not itself termination; it does not eliminate Customer's cure or refund rights under Sections 6.2 or 6.4. Postmaster Ops will communicate the reason for any operational suspension and the conditions for lifting it.

6.2 Termination for Reputation-Related Cause (Cure-First)

Where a domain or account under Customer's control develops reputation signals (rising user-reported spam rate, sustained bounce elevation, upstream complaints, or repeated deferrals) that Postmaster Ops determines pose a material risk to fleet health, we will issue written notice describing the issue and a seven (7) day remediation window during which Customer may cure. If the issue is not cured to Postmaster Ops's reasonable satisfaction, the affected domain, or the account, may be terminated. Prepaid unused fees will be pro-rated and refunded to the payment method of record within 30 days of termination under this Section 6.2.

6.3 Immediate Termination for Cause (No Refund)

Postmaster Ops may terminate the Service without prior notice, and without any refund of prepaid fees, upon good-faith determination that Customer or Customer Content:

• Constitutes fraud, phishing, or brand or person impersonation.
• Violates applicable law (including but not limited to CAN-SPAM, unregistered-securities offerings, prescription-drug distribution without lawful licensing, or gambling into restricted jurisdictions).
• Materially violates the AUP in a category expressly designated as a categorical refusal.
• Engages in evasive or deceptive conduct — including spam-trap evasion, URL cloaking, filter-evasion IP or domain rotation, or false reply-chain construction — as defined in the AUP.
• Repeats borderline conduct after a prior cure period under Section 6.2, indicating a pattern the cure process cannot address.

Fleet-protective operational suspension under Section 6.1 does not, on its own, trigger this Section 6.3. Immediate termination without refund requires one of the enumerated causes above.

6.4 Termination for Convenience

Either party may terminate the agreement without cause on 30 days written notice. Prepaid unused fees will be pro-rated and refunded. Setup fees are not refunded regardless of the reason for termination.

6.5 Effect of Termination

Upon termination:

• Access ends. Dashboard access and SMTP credentials are revoked; queued messages already accepted for delivery are drained to their destination up to the standard maximum queue age (currently 72 hours), after which any still-queued messages are discarded.
• Operational data is purged on the schedules stated in §7 and in Privacy §6: delivery-event metadata (without recipient local part) is purged after approximately 30 days; anonymized per-slot aggregate rollups after approximately 90 days; transient operational copies (MTA logs, backups, exception traces) are handled per the retention windows described in Privacy §6.
• Suppression identifiers (customer-scoped hashes) are retained for 30 days after termination so that honored unsubscribes are respected during the transition window, and then deleted.
• Financial and tax records (invoices, payment receipts, sanctions-screening records under §4.6) are retained for the period required by applicable law and accounting standards (typically seven years). This is a statutory obligation and cannot be waived by Customer request.
• Accrued fees remain payable and any prepaid unused fees are refunded per §4.4 and §6.4.
• Surviving sections. Sections addressing IP rights, confidentiality, limitation of liability, indemnification, payment disputes, sanctions screening, and governing law survive termination.

§ 07 Data Handling & Privacy

Postmaster Ops does not accept or retain uploaded subscriber files. Recipient addresses are supplied per-message via SMTP submission by Customer. The current retention model is:

• Raw recipient address & production message content (bodies, attachments, arbitrary headers): present in primary storage only within the active sending queue, until final acceptance, final rejection, or the standard maximum queue age (currently 72 hours), whichever occurs first. Not persisted in primary storage after final disposition; transient operational copies may capture identifiable data as described below and in Privacy §6.
• Delivery-event metadata (slot, sender domain, recipient domain, message-id, timestamps, latency, SMTP response, outcome classification): approximately 30 days. Does not contain recipient local part.
• Per-slot aggregate rollups (anonymized, no individual recipient recoverable): approximately 90 days.
• Customer-scoped suppression hashes: for the duration of the account plus 30 days after termination.
• Customer-approved warmup templates: retained while the template remains active for warmup use, and purged within 30 days after replacement or account termination.
• Abuse- or lawful-investigation evidence: specific messages or metadata may be retained, on an exceptional and access-restricted basis, for the duration of an active investigation and up to 90 days of follow-up.
• Transient operational copies (MTA logs, backup snapshots, exception traces) may capture identifiable data beyond primary-storage retention; see Privacy §6 for the specific windows applied.
• Financial, tax, and sanctions-screening records: retained for the period required by applicable law and accounting standards (see §6.5).

Data-handling practices — including current sub-processors, security measures, and data-subject-request handling — are described in the Privacy Policy. Customers whose recipient processing is subject to GDPR, UK GDPR, or comparable regimes should raise this during the fit-review call so that appropriate data-processing terms and transfer safeguards can be negotiated and executed before processing begins. Postmaster Ops does not represent that such frameworks are pre-built or executable on demand.

§ 08 Intellectual Property

Postmaster Ops retains all rights, title, and interest in the Service, including its software, infrastructure orchestration, dashboards, and documentation. You receive a limited, non-exclusive, non-transferable right to use the Service during the term. No rights are granted by implication.

You retain all rights in Customer Content. You grant Postmaster Ops a limited, non-exclusive license to process Customer Content solely as necessary to provide the Service.

§ 09 Warranties & Disclaimers

The Service is provided "AS IS" and "AS AVAILABLE." Postmaster Ops disclaims, to the maximum extent permitted by law, all warranties whether express, implied, or statutory, including any warranty of merchantability, fitness for a particular purpose, non- infringement, or uninterrupted operation. In particular, and without limitation, Postmaster Ops does not warrant that any message will be delivered to a recipient's inbox, or delivered at all, where filtering or blocking decisions are made by third-party systems.

§ 10 Limitation of Liability

To the maximum extent permitted by law, Postmaster Ops's aggregate liability for any claim arising out of or related to the Service or these Terms is capped at the fees actually paid by Customer to Postmaster Ops in the twelve (12) months preceding the event giving rise to the claim.

In no event will Postmaster Ops be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, lost revenue, lost data, or loss of business goodwill, whether based in contract, tort, strict liability, or any other legal theory, even if advised of the possibility.

§ 11 Indemnification

Customer will defend, indemnify, and hold harmless Postmaster Ops and its officers, directors, employees, and agents from and against any third-party claim, demand, action, or proceeding, and any resulting liability, damages, fines, judgment, settlement, or expense (including reasonable attorneys' fees) arising out of or related to (a) Customer Content; (b) Customer's use of the Service; (c) Customer's violation of the AUP, Terms, or applicable law; or (d) Customer's infringement of any third-party right.

§ 12 Confidentiality

Each party may receive information from the other that is marked or reasonably understood to be confidential. Each party will use the other's confidential information solely to perform under these Terms, protect it with the same degree of care used for its own confidential information (and no less than a reasonable degree of care), and not disclose it except to employees, contractors, and advisors with a need to know who are bound by comparable obligations.

§ 13 Governing Law & Disputes

These Terms are governed by the laws of the Commonwealth of Pennsylvania, United States, without regard to its conflict-of-laws principles. The parties consent to the exclusive jurisdiction of the state and federal courts located in Allegheny County, Pennsylvania for any dispute arising under or related to these Terms, subject to Postmaster Ops's right to seek injunctive relief in any court of competent jurisdiction to protect its intellectual property or the security of the Service.

The parties expressly waive any right to a jury trial and any right to participate in a class action arising out of these Terms.

§ 14 General Provisions

Entire agreement. These Terms, together with the AUP and the executed Service Order, constitute the entire agreement between the parties. The Privacy Policy is a notice of practices, not itself a contractual document, except to the extent specifically incorporated by these Terms or a Service Order.
Assignment. You may not assign these Terms without Postmaster Ops's prior written consent. Postmaster Ops may assign these Terms to a successor in interest.
Severability. If any provision is held unenforceable, the remaining provisions remain in effect.
Waiver. A party's failure to enforce a provision does not waive its right to do so later.
Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control.
Notice. Notices to Postmaster Ops must be sent to hello@postmasterops.com. Notices to Customer will be sent to the email address on file for the account.
Updates. Postmaster Ops may update these Terms; the updated version takes effect for a Customer on renewal or 30 days after posting, whichever is later.