1. The service
Nimbl Mail is a platform for creating, sending, and reporting on bulk email campaigns. We provide it on a subscription basis and may add, change, or remove features over time to improve the product.
2. Your account
You must provide accurate information, keep your login details secure, and are responsible for all activity under your account. You must be at least 18 years old and able to enter into a binding agreement. Notify us immediately of any unauthorised use.
3. Acceptable use
Your use of Nimbl Mail is subject to our Acceptable Use Policy, which forms part of these terms. In short, you may only send to people who have opted in, you must not send spam or illegal content, and you must keep your lists clean. Breaching that policy may result in throttling, suspension, or termination.
4. Your content and data
You keep ownership of the lists, campaigns, and content you upload. You grant us the limited rights needed to host and send them on your behalf. You are the responsible party for your recipients' personal information and you confirm that you have a lawful basis and the necessary consent to email them, in line with POPIA and any other applicable law. See our Privacy Policy for how we handle data.
5. Billing
- Fees are shown in South African Rand (ZAR) and billed according to your chosen plan.
- Subscriptions renew automatically until cancelled. You can cancel at any time, effective at the end of the current billing period.
- Plans include sending limits. Sending is subject to those limits and to warm up and anti abuse controls.
- Except where required by law, fees already paid are non refundable.
6. First campaign review
To protect deliverability for all clients, a new account's first campaign may be reviewed before it is sent. We aim to review quickly. This is a one time check.
7. Availability
We work to keep Nimbl Mail available and reliable, but we do not guarantee uninterrupted service. We may perform maintenance and may suspend the service where necessary to protect it, our clients, or third parties.
8. Suspension and termination
You may stop using the service at any time. We may suspend or terminate access if you breach these terms or the Acceptable Use Policy, if required by law, or to protect the platform. On termination, your right to use the service ends and we may delete your data after a reasonable period.
9. Disclaimers
The service is provided on an "as is" and "as available" basis. To the extent permitted by law, we disclaim implied warranties. We do not guarantee that every email will reach the inbox, as delivery depends on factors outside our control, including recipient mailbox providers and your own sending practices.
10. Limitation of liability
To the maximum extent permitted by law, Nimbl Mail is not liable for indirect, incidental, or consequential losses, or for loss of profits, data, or goodwill. Our total liability arising from the service is limited to the amount you paid us in the three months before the event giving rise to the claim.
11. Indemnity
You agree to indemnify Nimbl Mail against claims arising from your content, your sending, or your breach of these terms or the law.
12. Governing law
These terms are governed by the laws of the Republic of South Africa, and the South African courts have jurisdiction over any dispute.
13. Changes
We may update these terms from time to time. We will post the updated version here and, for material changes, let you know. Continued use after an update means you accept the revised terms.
14. Contact
Questions about these terms? Email marketing@nimbl.one.