Terms of Service

These Terms of Service (“Terms”) are an agreement between you and [FACT-CONFIRM: legal entity name, place of incorporation, ABN/company number] (“Deloosh”, “we”, “us”). They govern your use of the Deloosh service — the email brain: deliverability defence, an email strategy engine, and AI drafting — available at deloosh.com and app.deloosh.com (the “Service”).

We have tried to write these Terms the way Deloosh speaks: plainly. Plain language doesn’t make them less binding — it makes them easier to hold us to.

1. What you’re agreeing to

1.1 By creating an account, ticking the acceptance box at signup, or using the Service, you agree to these Terms.

1.2 These documents are part of your agreement with us, and are incorporated into these Terms by reference:

• our Privacy Policy (deloosh.com/legal/privacy) — how we handle data;
• our Acceptable Use & Anti-Spam Policy (“AUP”) (deloosh.com/legal/aup) — the sending rules that protect every customer’s deliverability;
• our Data Processing Addendum (“DPA”) (deloosh.com/legal/dpa) — which applies automatically to every customer and governs how we process your recipients’ personal data on your behalf. You do not need to sign it separately.

1.3 Order of precedence. If these documents conflict: for the processing of recipient personal data, the DPA prevails over these Terms; otherwise these Terms prevail over the AUP and other policies for their subject matter.

1.4 Each document is versioned with an effective date, and we keep prior versions available.

2. Who can use Deloosh

2.1 Deloosh is a business tool. You may only use the Service if you are at least 18 years old and are using it in the course of a business (including as a sole trader or freelancer). The Service is not offered for personal, domestic or household use.

2.2 If you use the Service on behalf of a company or other entity, you confirm you have authority to bind that entity, and “you” means that entity.

2.3 Nothing in this section 2 affects statutory rights that apply to business customers — see section 13 (Consumer law) in particular.

3. Your account

3.1 Deloosh has no passwords. You sign in with Google or with a magic link sent to your email address. This means the security of your Deloosh account depends on the security of your Google account or email mailbox — keep them secure (use two-factor authentication) and tell us promptly at [FACT-CONFIRM: security/support contact address] if you suspect unauthorised access to your account.

3.2 You are responsible for activity that occurs under your account, except to the extent it results from our breach of these Terms.

3.3 You must give us accurate account information and keep it current — in particular the sender identity details used in your emails, which anti-spam laws require to be truthful.

4. Plans, trial and billing

4.1 Plans and limits

4.1.1 Current plans, prices (in USD) and limits are set out on our pricing page (deloosh.com/pricing), which is incorporated into these Terms. At the date of these Terms:

Plan	Price / month	Contacts	Email sends / month
Free	$0	250	1,000
Starter	$39	1,000	6,000
Growth	$99	5,000	30,000
Scale	$229	15,000	100,000

Annual billing is available on paid plans at a discount equivalent to two months free.

4.1.2 Features differ by plan as described on the pricing page. In particular, on the Free plan: the strategy engine runs in show-mode (it shows you what it would do, but does not act), integrations/connectors are not available, your emails use a shared tracking domain and carry a “Sent with Deloosh” footer, and revenue attribution reporting is not included. What the Free plan always includes: deliverability defence, drafting via chat, and your accumulated brand memory.

4.2 The 30-day trial — no card, no charge

4.2.1 New accounts start with a 30-day free trial of a paid plan (the Growth plan by default, or another paid plan if you choose one on the pricing page). No credit card is required for the trial, and you will not be charged when it ends. There is no charge that can occur at trial end, because we have no payment method on file.

4.2.2 If you don’t subscribe by the end of the trial, your account moves to the Free plan. Nothing is deleted: your contacts, send history and brand memory are all retained. What changes is what the Free plan includes (see 4.1.2), and the Free plan’s limits apply (see 4.6 if you’re over them).

4.2.3 The trial is available once per customer. If you later upgrade, downgrade and upgrade again, no new trial applies.

4.3 Paid subscriptions renew automatically

4.3.1 Paid plans are subscriptions billed through our payment provider, Stripe. Your subscription renews automatically — monthly plans at the end of each month, annual plans at the end of each year — and your payment method is charged the then-current price for your plan at the start of each renewal period, until you cancel.

4.3.2 Before you first pay, we display the plan price, billing period and the fact that the subscription auto-renews, and we take payment only after you expressly confirm at checkout. We send you a receipt and confirmation of the subscription terms, including how to cancel, after each purchase.

4.4 Cancelling

4.4.1 You can cancel your subscription at any time, entirely online, with no phone call and no retention hoops: use the billing portal linked from your account settings (Stripe’s customer portal). Cancelling is at least as easy as subscribing was.

4.4.2 Cancellation takes effect at the end of your current billing period. You keep full plan access until then, and your account then moves to the Free plan. As always, your data is retained (section 6).

4.5 Refunds

4.5.1 Monthly plans: no pro-rata refunds for partial months — you keep access until the end of the paid period. Annual plans: [FACT-CONFIRM: annual refund policy — suggested default: within 30 days of an annual charge, refund on request, pro-rata thereafter at our discretion — Brent to rule].

4.5.2 This refund policy never limits your statutory rights, including your rights under the Australian Consumer Law or any other law that grants non-excludable remedies (see section 13).

4.6 We never upgrade you silently

4.6.1 We will never move you to a higher-priced plan, or charge you more than your plan price, without your express confirmation. There is no automatic overage billing in Deloosh — not for contacts, not for sends, not for AI usage.

4.6.2 If your contact list or sending grows past your plan’s limits, we tell you and ask — in the product, in plain language — whether you want to upgrade or prune. If you do nothing, the consequence is a send freeze (4.7), never a surprise charge.

4.7 Going over your limits: your data is never deleted, sending pauses

4.7.1 If your account exceeds its plan limits (including after moving to the Free plan with more than 250 contacts), we do not delete or truncate anything. All your contacts, history and brand memory are retained.

4.7.2 While you are over your contact limit, or once you’ve reached your monthly send limit, sending is paused until you upgrade, prune below the limit, or (for send limits) the next monthly period begins. Deliverability monitoring and chat remain available — the freeze is on sending, not on your account.

4.8 AI usage is included — fair use applies

4.8.1 AI usage (chat, drafting, the strategy engine) is included in every plan, including Free. We never meter or bill AI usage — it will never appear as a line item on an invoice.

4.8.2 To keep this sustainable, reasonable daily fair-use limits apply to agent activity, varying by plan. If you hit one, the agent tells you and picks the work up the next day. Persistent heavy use may prompt an upgrade conversation — never an automatic charge.

4.9 Price and plan changes

4.9.1 We may change plan prices or limits. For paid subscriptions, changes take effect from your next renewal, and we will give you at least 30 days’ notice by email and in-app before a price increase applies to you — enough time to cancel before it takes effect if you don’t want it.

4.9.2 We may change what the Free plan includes on reasonable notice. Whatever changes, section 4.7.1 stands: we don’t delete your data over plan limits.

4.10 Taxes

Prices exclude GST, VAT, sales tax and similar taxes. Where we are required to collect tax on your subscription, it is calculated at checkout and shown before you confirm payment.

4.11 Non-payment

If a renewal charge fails, we’ll notify you and retry per Stripe’s standard schedule. If payment still fails, your account moves to the Free plan (with section 4.7 applying if you’re over its limits). We don’t delete data for non-payment.

5. Acceptable use — the sending rules

5.1 The AUP is part of these Terms. Its core, in brief: you may only email people you have a lawful permission basis to email in their jurisdiction; purchased, rented, scraped or appended lists are prohibited; sender identity must be truthful; and the platform’s unsubscribe and suppression mechanics must never be bypassed, removed or overridden.

5.2 Suppression is authoritative. When someone unsubscribes, complains, or hard-bounces, Deloosh records it and will not send to them again on your behalf. Importing a list does not and cannot clear suppression records.

5.3 You are the sender of your emails, and you are responsible for their content and for your recipient list — including compliance with the anti-spam and privacy laws that apply to your recipients (for example the Spam Act 2003 (Cth), CAN-SPAM, CASL, the GDPR/ePrivacy rules and UK PECR). Deloosh records the permission provenance you declare for imported contacts and gives you compliance-supporting tooling, but declaring it truthfully is your responsibility.

5.4 Deloosh customers share sending infrastructure (particularly on the Free plan and during trials). One sender’s abuse damages everyone’s deliverability. That is why the AUP is strict and why section 15 (Suspension) exists — and why new and trial accounts start with gradual sending ramp-up, sender identity verification, and automated protective controls that respond to bounce and complaint signals, regardless of plan limits.

6. Your data and content

6.1 You own your data. Your contact lists, imported data, email content, campaign assets, and anything you upload or type into the Service (“Customer Content”) are yours.

6.2 Your brand memory is yours too. The knowledge Deloosh accumulates about your business through use of the Service — your brand memory — belongs to you, not us.

6.3 Export. You can export your data — including contacts (with their permission and suppression records) and brand memory — at any time while your account is open, and during the export window after termination (section 16). [FACT-CONFIRM: export tooling scope and formats — do not publish this clause until the export path exists as described.]

6.4 Our licence. You grant us a worldwide, non-exclusive licence to host, process, transmit and display Customer Content and brand memory solely to provide, secure, support and improve the Service, as permitted by the DPA and Privacy Policy. We do not sell your data and we do not use your recipients’ data for our own marketing.

6.5 Recipient data and the DPA. For your recipients’ personal data, you are the controller (it’s your relationship, your list, your compliance obligation) and we process it on your documented instructions as your processor/service provider. The DPA governs this in full, including security, subprocessors and international transfers.

6.6 Suppression records survive. Unsubscribe, complaint and bounce records are retained even after contact deletion, account closure or a deletion request — keeping them is what prevents future unlawful email to those addresses. Details are in the Privacy Policy and DPA.

7. AI features

7.1 Deloosh never sends email without your approval. The agent drafts, recommends and prepares — a human (you) approves every send. This is a hard product rule, and it has a contractual consequence:

7.2 You are responsible for reviewing AI output before you use it. AI-generated drafts, subject lines and strategy recommendations may contain errors, may be similar to output generated for other customers, and may not suit your situation. By approving a send or otherwise using AI output, you adopt it as your own content (see 5.3 and 14).

7.3 We claim no rights in AI output. To the extent we hold any rights in content the Service generates for you, we assign them to you or, where that isn’t possible, licence them to you without restriction. We don’t warrant that AI output is protectable by copyright or that it doesn’t resemble output produced for others.

7.4 No outcome guarantees. We do not warrant or guarantee deliverability rates, inbox placement, open or click rates, revenue, or any other outcome. The strategy engine’s recommendations are suggestions to help you decide — they are not legal, marketing or other professional advice.

7.5 Our AI subprocessors process your content to provide the Service and, under their commercial terms as at the effective date of these Terms, do not use it to train their models. Details and the current subprocessor list are in the Privacy Policy and DPA.

8. Our intellectual property

The Service — the software, the agent, the playbooks, models’ orchestration, designs and documentation — is owned by Deloosh or its licensors. We grant you a non-exclusive, non-transferable right to use the Service during your subscription in accordance with these Terms. No other licence is implied. You may not copy, resell, reverse-engineer (except where law permits), or build a competing service using proprietary elements of the Service.

9. Feedback

If you send us feedback or suggestions, we may use them without restriction or obligation to you. This never extends to your Customer Content or brand memory (section 6).

10. Privacy

Our Privacy Policy explains how we handle your account data, billing data, agent conversations, brand memory and usage data (where we act as controller), and summarises how recipient data is handled (where we act as your processor under the DPA). Card details are handled by Stripe and never touch our systems.

11. Third-party services

The Service depends on third-party providers (hosting, email delivery, AI, billing — the current list is in the Privacy Policy/DPA subprocessor table). Payments are subject to Stripe’s terms. If you connect third-party integrations to Deloosh, your use of those platforms is governed by their terms, and you are responsible for having the right to import the data you connect.

12. Warranties and disclaimers

12.1 We warrant that we will provide the Service with due care and skill.

12.2 Otherwise, the Service is provided “as is” and “as available”. To the extent permitted by law, we do not warrant that the Service will be uninterrupted, error-free or secure, that emails will be delivered to any inbox, or that AI output will be accurate or fit for a particular purpose. Section 13.1 always prevails over this section.

13. Liability

13.1 Consumer law comes first (nothing here overrides it). Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy you have under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other applicable law that cannot lawfully be excluded, restricted or modified. Where our services are not of a kind ordinarily acquired for personal, domestic or household use, our liability for failure to comply with a consumer guarantee is limited, to the extent the Australian Consumer Law permits (s 64A) and at our option, to supplying the services again or paying the cost of having them supplied again — except where it would not be fair or reasonable for us to rely on this limitation.

13.2 What neither of us is liable for. Subject to 13.1 and 13.4, neither party is liable to the other for indirect or consequential loss, loss of profits, revenue, goodwill, or anticipated savings, or loss or corruption of data (except to the extent caused by the party’s breach of its security or data-protection obligations), however arising.

13.3 The cap. Subject to 13.1 and 13.4, each party’s total aggregate liability arising out of or in connection with these Terms is limited to the amounts you paid us in the 12 months before the event giving rise to the liability, or US$100 if you have paid nothing (Free plan / trial).

13.4 Not capped or excluded: liability that cannot be limited by law; your payment obligations; your liability under section 14 (indemnity); and either party’s liability for fraud or wilful misconduct. [LAWYER: decide at GA review whether Deloosh's data-breach/DPA liability should also be carved out of the cap or super-capped — market-shifting either way.]

14. Your indemnity to us

You will indemnify us against third-party claims, and regulatory penalties, losses and reasonable costs we incur, to the extent arising from: (a) your Customer Content or the emails you send; (b) your recipient lists and your permission/consent basis for contacting them; or (c) your breach of the AUP or of anti-spam or privacy laws applicable to your sending. This indemnity doesn’t apply to the extent a claim results from our breach of these Terms or the DPA. Your liability under this section is not subject to the cap in 13.3.

15. Suspension

15.1 We may suspend some or all of the Service (most commonly: pause sending) where reasonably necessary because of: (a) a material or repeated AUP breach; (b) a deliverability emergency — e.g. bounce or complaint signals, or a blocklisting, that threatens other customers on shared infrastructure; (c) non-payment (section 4.11); or (d) a legal or regulatory requirement.

15.2 Proportionality promise. Suspension will be proportionate to the problem (a sending pause before an account suspension), we will notify you and explain where practicable (before, where the situation allows; promptly after, where it doesn’t), and we will restore service promptly once the issue is resolved. A send freeze is never data deletion — section 4.7.1 applies during any suspension.

16. Termination

16.1 You can stop at any time: cancel your subscription (section 4.4) and/or close your account in-app or by contacting us.

16.2 We may terminate: (a) for cause, if you materially breach these Terms and (where the breach is remediable) fail to remedy it within 14 days of notice — with immediate effect for serious AUP violations, unlawful use or non-payment after the section 4.11 process; or (b) for convenience, on at least 30 days’ notice — in which case we will refund the unused portion of any prepaid fees pro-rata. We will never terminate for convenience and keep your money.

16.3 After termination: you have [FACT-CONFIRM: N days — suggested 30] days to export your data (section 6.3), after which we delete or de-identify it in line with the Privacy Policy’s retention schedule. Suppression records survive termination (section 6.6). Sections that by their nature continue (including 6.6, 7.3, 8, 9, 13, 14, 19, 20) survive.

17. Changes to these Terms

17.1 If we make a material change to these Terms, we will give you at least 30 days’ notice by email and in-app before it takes effect. If you don’t want the change, you may cancel before the effective date (with a pro-rata refund of prepaid fees for the unused period if the change is detrimental to you). Continuing to use the Service after the effective date means you accept the change.

17.2 Non-material changes (clarifications, new features, typo fixes) may take effect on posting, with the version and effective date updated. We keep prior versions available.

17.3 We will never use this section to change pricing outside the process in 4.9, or to remove your data rights in section 6.

18. Changes to the Service

We improve the Service continuously and may add, change or remove features. If we materially reduce the core functionality of your paid plan, we will notify you and you may cancel with a pro-rata refund of prepaid fees for the unused period.

19. Governing law and disputes

[LAWYER — do not publish without counsel's decision (escalation-triggers §C/§L). Drafted simple default below; counsel to decide whether a US-customer arbitration/class-waiver construct is worth its complexity and enforceability risk elsewhere.]

19.1 These Terms are governed by the laws of [FACT-CONFIRM: governing jurisdiction — default: the entity’s home Australian state, e.g. Victoria], Australia, and the parties submit to the non-exclusive jurisdiction of its courts.

19.2 This clause does not deprive you of the protection of mandatory consumer or small-business laws of the place where you are located.

19.3 Talk to us first: most issues are resolved fastest through [FACT-CONFIRM: support contact address]. Both parties agree to attempt good-faith resolution before starting formal proceedings.

20. General

20.1 Entire agreement. These Terms (with the documents in 1.2 and your plan selection) are the entire agreement between us about the Service and supersede prior discussions.

20.2 Assignment. You may not assign these Terms without our consent (not to be unreasonably withheld — e.g. to a purchaser of your business). We may assign them to an affiliate or in connection with a merger, acquisition or sale of the business, and will notify you if we do.

20.3 Severability. If a clause is void or unenforceable (including under unfair contract terms law), it is severed to the minimum extent necessary and the rest stands.

20.4 No waiver. Not enforcing a clause is not a waiver of it.

20.5 Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control (this doesn’t excuse payment for service already provided).

20.6 Sanctions and export. You may not use the Service if you are, or are acting for, a person or territory subject to applicable sanctions, or where use would breach export control laws.

20.7 Notices. We send notices to your account email address and/or in-app; you send notices to [FACT-CONFIRM: legal/notices email address, e.g. legal@deloosh.com — mailbox must exist before publication].

21. Contact

[FACT-CONFIRM: legal entity name and registered address] Email: [FACT-CONFIRM: contact address] Website: deloosh.com