Terms of Service

These Terms of Service ("Terms") are an agreement between 9th Avenue ("Hemero", "we", "us") and the person or organization that creates an account or uses the service ("you", "Customer"). By creating an account, checking the box at sign-up or using the service, you accept these Terms, the Privacy Policy, the Acceptable Use & Anti-Spam Policy and, where you send to personal data subject to data protection law, the Data Processing Addendum, which are part of these Terms.

If you accept on behalf of a company or other legal entity, you confirm that you have authority to bind it, and "you" refers to that entity. If you do not agree, do not use the service.

Hemero is built and run by 9th Avenue, a sole proprietorship run by its founder in Texas, USA, not yet incorporated. There is no separate company behind the service yet: its founder is the party to these Terms and answers personally for our commitments under them. If we form a company to run Hemero, we will transfer these Terms to it and tell you by email at least 30 days before the change takes effect.

Hemero is a hosted platform for building email templates, managing contact lists, sign-up forms and segments, and sending email campaigns and automated emails to people who have agreed to receive them. Email is delivered through our sending infrastructure, which relies on Amazon Simple Email Service (SES).

We may change, add or remove features to improve the service, keep it secure or meet legal requirements. If a change materially reduces core functionality you have paid for, we will tell you in advance where reasonably possible. Features labelled beta or preview are provided as they are and may change or be withdrawn.

• You must be at least 18 years old and able to enter into a binding contract to create an account.
• Give accurate sign-up information and keep it up to date. Each login is for one person; do not share credentials.
• You are responsible for activity under your account and for keeping your password (and two-factor authentication, if enabled) secure. Tell us promptly at [email protected] if you suspect unauthorized access.
• Work happens inside organizations. Organization owners and admins control membership, sending domains and billing, and are responsible for what members do in the organization.
• We may refuse sign-ups or require additional verification before enabling sending, for example to prevent abuse.

You may only send to people who have given you permission, and you must follow the Acceptable Use & Anti-Spam Policy and all laws that apply to your email, including anti-spam laws (such as CAN-SPAM, CASL and the ePrivacy rules) and data protection laws (such as the GDPR).

To protect deliverability for every customer, the service enforces limits: sending domains must be verified, new domains warm up with daily caps, and campaigns or automations pause automatically when bounce or complaint rates exceed the thresholds in that policy. We may suspend sending, pause campaigns or limit your account without prior notice if we reasonably believe your use breaches these Terms, harms our infrastructure or reputation, or puts other customers or recipients at risk.

You keep all rights to the content you upload or create (templates, images, contact lists and their attributes, campaign content) — together, "Customer Data". You give us a worldwide, non-exclusive licence to host, copy, process, transmit and display Customer Data only as needed to provide, secure and support the service and as described in the Data Processing Addendum.

You are responsible for Customer Data: that you collected it lawfully, have the rights and consents needed to use it with the service, and that your emails and their content are lawful. We do not sell Customer Data and do not use your contacts' data for our own marketing.

• Sending uses prepaid credits: one credit is used for each email sent to one recipient. Prices and packages are shown in the app before you buy. Payments are processed by Stripe; we do not store your full card details.
• Prices exclude taxes unless stated. You are responsible for applicable taxes other than taxes on our income.
• Credits are charged when a campaign starts sending. Credits for emails that are cancelled before they are sent, or that fail on our side, are returned to your balance automatically.
• Purchased credits are non-refundable except where the law requires otherwise or where we terminate the service for our convenience, in which case we refund the unused balance. Credits are not refunded when an account is suspended or terminated for a breach of these Terms.
• We may change prices for future purchases; changes never affect credits you already bought.

The service includes an optional AI assistant that can answer questions and draft or edit content on request. Its output is generated automatically, may be inaccurate or incomplete, and is not legal or professional advice. Review anything it produces before you save or send it — you remain responsible for the content you send. Messages you send to the assistant and the context it needs are processed by our AI provider (Anthropic) to generate responses, as described in the Privacy Policy.

The service, its software, design, templates we provide and our trademarks belong to us or our licensors. We give you a limited, non-exclusive, non-transferable right to use the service during your subscription, under these Terms. Do not copy, resell, reverse-engineer (except where the law allows) or use the service to build a competing product. If you send us feedback, we may use it without obligation to you.

The service relies on third-party providers (listed in the Data Processing Addendum) and may let you connect your own tools through API keys and webhooks. Your use of third-party services you connect is governed by their terms, and we are not responsible for them.

You can stop using the service and ask us to close your account at any time. We may suspend or terminate your access if you materially breach these Terms (including the Acceptable Use Policy), fail to pay, if required by law or by our infrastructure providers, or if your use creates a security or legal risk. Where reasonable we will give notice and a chance to fix the issue first; serious or repeated abuse may lead to immediate termination.

After closure you can request an export of your contact data for 30 days. After that we delete Customer Data from active systems, and from backups on their normal rotation, except records we must keep by law (such as invoices) and suppression records needed to keep honouring unsubscribes and complaints.

We work to keep the service available, secure and reliable, but it is provided "as is" and "as available". To the extent the law allows, we disclaim all implied warranties, including merchantability, fitness for a particular purpose and non-infringement. Email delivery depends on recipients' mail providers, so we cannot guarantee that any email is delivered, placed in the inbox, opened or acted upon.

To the extent the law allows, neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, goodwill or data, even if advised of the possibility. Each party's total liability arising out of or relating to these Terms is limited to the amounts you paid us in the 12 months before the event giving rise to the claim.

These limits do not apply to your payment obligations, your indemnity obligations, or liability that cannot be limited by law (such as for fraud, gross negligence, wilful misconduct, or death or personal injury caused by negligence).

You will defend and indemnify us against third-party claims, fines and reasonable costs arising from Customer Data, the emails you send, or your breach of these Terms or of the law — including claims that you sent email without valid consent.

We may update these Terms. The "Last updated" date shows the current version. For material changes we will notify account owners by email or in the app at least 14 days before they take effect, unless a change is required sooner by law or to address abuse. You will be asked to accept the new version in the app; if you do not agree, stop using the service and close your account.

These Terms are governed by the laws of the State of Texas, USA, without regard to its conflict-of-law rules, and the courts of the State of Texas, USA have exclusive jurisdiction over any dispute, except that either party may seek urgent injunctive relief in any competent court. If you are a consumer, you keep the protection of the mandatory laws of the country where you live.

• These Terms, with the documents they reference, are the entire agreement between us about the service.
• You may not assign these Terms without our consent; we may assign them to a company we form to run the service (see section 1) or to a successor of our business.
• If a provision is unenforceable, the rest stays in effect. Not enforcing a provision is not a waiver of it.
• Neither party is liable for delays caused by events beyond its reasonable control.
• We send notices to the email address on your account; you send notices to us at the address below.

9th Avenue, Port Arthur, Texas, USA. Email: [email protected]. For abuse reports, see the Acceptable Use Policy.