Terms of Service

1. About these terms

These terms apply when you use lumesend.com, its free tools, or the Lume email marketing service. "Lume", "we" and "us" mean the team behind lumesend.com. "You" means the person or business using the website or the service.

Clients also agree a written agreement with us. If that agreement and these terms say different things, the written agreement applies.

By using the website or the service, you agree to these terms. If you don't agree, please don't use them. You must be at least 16 years old to use the website. If you hire us for a business, you confirm you are allowed to accept these terms for that business.

2. What Lume does

Lume is a done-for-you email marketing service. Our team:

• sets up your sending domain (SPF, DKIM and DMARC) and checks every record
• warms new domains and IP addresses slowly
• sends your campaigns from servers we run ourselves
• checks bounces, complaints and blocklists after every send, and fixes what breaks

The exact scope of the work, such as how much you send and which domains we use, is set in your written agreement.

3. Price and payment

We don't publish a price, because it depends on how much you send. After one short conversation, we agree a clear monthly price with you in writing, along with how and when you pay.

Fees already paid are non-refundable unless your written agreement says otherwise. If we want to change your price, we will tell you at least 30 days before the change takes effect.

4. Your responsibilities

• Permission. You must have permission to email every contact you give us.
• The law. You follow the anti-spam and privacy laws that apply to your emails, such as CAN-SPAM in the United States, GDPR in Europe, LGPD in Brazil and CASL in Canada.
• Honest emails. Your sender name, subject lines and content must not mislead people, and your emails must include any details the law requires, such as a postal address.
• Rights to what you send. You own, or have the right to use, everything you give us: lists, text, images, links and logos.
• Accurate information. You keep the information you give us accurate and up to date.

These terms are not legal advice. If you are unsure what the law asks of you, talk to a lawyer.

5. What we won't send

You agree not to ask us to send, and we won't send:

• email to bought or scraped lists
• phishing, fraud, malware, or links to harmful content
• email that pretends to come from someone else or uses forged headers
• content that harasses, threatens or abuses anyone
• anything that breaks the law
• anything meant to damage the sending reputation of any domain

6. Unsubscribes and suppression

• Every campaign we send includes a working unsubscribe link.
• When someone unsubscribes, we stop sending them your campaigns. We honour every unsubscribe and every suppression list.
• If you already have suppression lists (past unsubscribes, complaints, or addresses you must not email), you give them to us before we send, and we apply them.
• You don't add people back to your lists after they unsubscribe or ask not to be contacted.

7. When we may pause sending

We may pause or stop a campaign, in whole or in part, if:

• it breaks the law or these terms, or
• bounces, complaints or blocklist listings show that it puts the reputation of our servers, IP addresses or domains at risk.

When we pause, we tell you why and work with you on what needs to change before sending starts again.

8. No inbox guarantee

No one can honestly promise that an email will land in the inbox, and we don't. Mailbox providers decide where mail goes, based on things outside our control, such as the quality of your list, your content, your domain's history and how recipients respond.

We do the setup, warming and checks with care, but we can't guarantee inbox placement, opens, clicks or sales.

9. Your lists and content

• Your contact lists and your content belong to you.
• We use them only to provide the service to you. We don't sell them, share them with other clients, or use them to send email for anyone else.
• You allow us to copy, store and format your content only as needed to send your campaigns.
• When the service ends, we return or delete your lists as your written agreement sets out. We keep suppression records so people who opted out are not emailed again, and anything else the law requires us to keep.

Our Privacy Policy explains how we handle personal data.

10. What stays ours

The lumesend.com website, the Lume name and logo, our free tools, our servers, and the methods and systems we use to run the service belong to Lume. Working with us does not give you ownership of any of them.

11. Free tools

Our free tools are provided as they are, without any warranty. Results come from public DNS records and public blocklists at the moment you check, and may not show the full picture for your domain. We limit how often each visitor can use them. Please don't use them in a way that overloads them or harms others.

12. Ending the service

• Either of us can end the service as set out in your written agreement.
• We may end the service straight away if you seriously or repeatedly break sections 4, 5 or 6.
• When the service ends, we stop sending for you. Your lists and content stay yours (see section 9).

13. Warranties

To the fullest extent the law allows, the website, the free tools and the service are provided "as is", without warranties of any kind, express or implied.

14. Limits on our liability

To the fullest extent the law allows:

• We are not liable for indirect, incidental, consequential or punitive damages that come from your use of the website, the tools or the service.
• Our total liability for any claim connected to the service is limited to the amount you paid us in the 12 months before the claim.
• We are not responsible for where mailbox providers place your email, because that depends on things outside our control (see section 8).

Nothing in these terms limits any liability that the law does not allow us to limit.

15. Changes to these terms

We may update these terms. For significant changes, we will give at least 14 days' notice by email or on this website. If you keep using the website or the service after a change takes effect, you accept the updated terms.

16. Governing law and disputes

These terms are governed by applicable law, without regard to conflict of law rules. If your written agreement names a governing law or a place for disputes, that choice applies. Any dispute that comes from these terms will be resolved through binding arbitration.

17. Contact

Questions about these terms: [email protected].

Questions about this page? Get in touch.