Terms of Service

Last updated: August 11, 2026

1. Introduction

These Terms of Service ("Terms", "Terms of Service"), together with our Privacy Policy and Data Processing Addendum ("DPA"), constitute the entire agreement ("Agreement") between UAB All Systems Operational ("OpenMail", "Company", "we", "our", or "us") and you ("you" or "User").

These Terms govern your access to and use of OpenMail's websites, APIs, dashboards, integrations, and related services located at openmail.sh and related domains (collectively, the "Service").

By (a) purchasing access to the Service, (b) signing up for a free plan, (c) installing or enabling an OpenMail integration via a third-party marketplace, or (d) clicking a box indicating acceptance, you agree to be bound by this Agreement.

If you do not agree to these Terms, you may not access or use the Service.

2. Communications

By creating an account, you agree that OpenMail may send you transactional, product, operational, marketing, or promotional communications. You may opt out of non-essential marketing communications at any time by following the unsubscribe instructions or contacting support@openmail.to

3. Purchases

If you wish to purchase any product or service made available through Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

We may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

4. Promotions

Any promotions, credits, or special offers may be governed by additional terms. If those terms conflict with these Terms, the promotion terms will govern.

5. Subscriptions

Certain parts of the Service are billed on a subscription basis ("Subscriptions"). Subscriptions are billed in advance on a recurring monthly or annual billing cycle.

Subscriptions automatically renew unless canceled prior to the end of the current billing cycle. You may cancel via your account dashboard or by contacting support.

A valid payment method is required for all paid subscriptions. If payment fails, OpenMail may suspend or limit access until payment is resolved.

6. Free Trials

OpenMail may, at its sole discretion, offer a Subscription with a free trial for a limited period of time ("Free Trial").

You may be required to enter your billing information in order to sign up for Free Trial.

If you do enter your billing information when signing up for Free Trial, you will not be charged until Free Trial has expired. On the last day of Free Trial period, unless you cancelled your Subscription, you may be automatically charged the applicable Subscription fees for the type of Subscription you have selected.

At any time and without notice, OpenMail reserves the right to (i) modify Terms of Service of Free Trial offer, or (ii) cancel such Free Trial offer.

7. Fee Changes

OpenMail, in its sole discretion and at any time, may modify Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

OpenMail will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of Service after Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

8. Refunds

Except where required by law or explicitly stated, all fees are non-refundable.

9. Content and Data

You retain ownership of all data, emails, content, and materials submitted through the Service ("User Content").

By using the Service, you grant OpenMail a limited, non-exclusive license to process User Content solely to provide, operate, and improve the Service.

You are responsible for ensuring your User Content complies with applicable laws and does not infringe third-party rights.

OpenMail does not claim ownership of your User Content and does not use your data to train AI models without explicit agreement.

OpenMail has the right but not obligation to monitor all Content provided by users.

10. AI Agents and Automated Sending

The Service is email infrastructure. We provide inboxes, an API, message delivery, storage, and webhooks. We do not build, train, operate, or control the AI agents, assistants, models, or other automated systems you connect to the Service, and we do not determine what those systems send or what they are used for.

As between you and OpenMail, you are the provider and/or the deployer of any AI system you operate through the Service, as those roles are defined in Regulation (EU) 2024/1689 (the "AI Act"). Sending through OpenMail does not make OpenMail the provider, deployer, importer, distributor, or authorised representative of your AI system.

You are responsible for complying with every law that applies to your AI system and to the messages it sends, including the AI Act, data protection law, and applicable anti-spam and electronic marketing rules. Where those laws apply to you, this includes:

  • Informing people that they are interacting with an AI system, clearly and no later than the first interaction, unless the law provides otherwise (AI Act Article 50(1)).
  • Marking or labelling AI-generated or manipulated content you send through the Service, where required (AI Act Article 50(2) and Article 50(4)).
  • Maintaining AI literacy among the people who operate your systems (AI Act Article 4).
  • Meeting any further obligations that apply if your system serves a high-risk purpose listed in Annex III of the AI Act.

OpenMail does not add AI disclosures, disclaimers, footers, labels, or headers to your messages, and does not check whether your messages carry them. Any templates, documentation, examples, or optional features we make available for this purpose are conveniences only. Using them — or not using them — does not move your legal obligations to OpenMail, and we do not warrant that they satisfy any requirement that applies to you.

You may not state or imply to a recipient that OpenMail wrote, reviewed, approved, or endorsed a message sent through the Service.

Our own use of AI is limited to running the Service. We screen a sample of outbound traffic for phishing, impersonation, and the other abuse described in Section 11 using automated systems, including a third-party AI model, and we check links found in your messages against a third-party URL reputation service. That screening processes the sending inbox name and address, the subject line, a truncated part of the message body, and the URLs a message contains. It protects the Service and its recipients; it is not a review of your content and not a compliance check. A message we deliver has not been certified by us as lawful. The subprocessors involved are listed in our Privacy Policy.

11. Prohibited Uses

You agree not to use the Service for:

  • Spam, phishing, or unsolicited messaging
  • Malware, exploits, or harmful code
  • Harassment, intimidation, or abuse
  • Illegal activities or violations of applicable laws
  • Impersonation or deceptive practices
  • Presenting an AI system as a human being where the law requires you to disclose it
  • Sending content whose generation or distribution is prohibited under the AI Act, including content covered by its Article 5 prohibitions
  • Unauthorized access or interference with systems

You may not attempt to bypass rate limits, security measures, or usage restrictions.

Violations may result in suspension or termination.

To report abuse originating from OpenMail infrastructure, email abuse@openmail.to.

Additionally, you agree not to:

  • Attack Service via a denial-of-service attack or a distributed denial-of-service attack.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service.
  • Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
  • Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party's use of Service, including their ability to engage in real time activities through Service.

12. Analytics

OpenMail may use third-party analytics providers to monitor usage and improve the Service. Data collection is governed by our Privacy Policy.

13. No Use by Minors

Service is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using any of OpenMail's services, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of Terms. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of Service.

14. Accounts

You are responsible for safeguarding your account credentials and all activity under your account. You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Notify us immediately of any unauthorized use.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

15. Intellectual Property

The Service, excluding User Content, is the exclusive property of OpenMail and its licensors and is protected by intellectual property laws.

OpenMail trademarks and branding may not be used without prior written consent.

16. Copyright Policy

OpenMail respects intellectual property rights and responds to valid DMCA notices. Claims should be submitted to support@openmail.to

17. DMCA Notices

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest; a description of the copyrighted work that you claim has been infringed; identification of the URL or other specific location on Service where the material that you claim is infringing is located; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Please email support@openmail.to to make a claim.

18. Feedback

Any feedback you provide may be used by OpenMail without restriction or compensation. You grant OpenMail a perpetual, irrevocable, royalty-free license to use such feedback.

19. Third-Party Links

Our Service may contain links to third party web sites or services that are not owned or controlled by OpenMail.

OpenMail has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

We strongly advise you to read the Terms of Service and Privacy Policies of any third party web sites or services that you visit.

20. Disclaimer of Warranties

THESE SERVICES ARE PROVIDED BY COMPANY ON AN "AS IS" AND "AS AVAILABLE" BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.

NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

OpenMail does not provide legal or regulatory advice. Nothing in the Service, our documentation, templates, sample code, blog posts, or support communications is legal advice, and none of it guarantees that your use of the Service complies with the AI Act, data protection law, or any other regulation. Assessing how those laws apply to your AI systems and your messages, and obtaining your own advice, is your responsibility.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

21. Limitation of Liability

EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

22. Indemnification

You agree to defend, indemnify, and hold harmless OpenMail and its officers, directors, employees, and agents against any claim, demand, proceeding, loss, liability, damage, fine, penalty, cost, or expense (including reasonable legal fees) arising out of or connected with:

  • Your User Content and the messages you send, receive, or store through the Service.
  • Your AI systems and their output, including any failure to give a disclosure or apply a label required by the AI Act or comparable law.
  • Your breach of this Agreement, including Sections 10 and 11.
  • Your violation of any law or of the rights of any third party.

We will notify you of any claim covered by this section, and we may take part in its defence with counsel of our own choosing at our own expense. You may not settle a claim in a way that imposes any obligation, payment, or admission on OpenMail without our prior written consent.

This section does not apply to the extent a claim arises from OpenMail's own breach of this Agreement, or where such indemnification is prohibited by applicable law.

23. Termination

OpenMail may terminate or suspend your account and bar access to Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.

If you wish to terminate your account, you may simply discontinue using Service.

All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

24. Governing Law

These Terms shall be governed and construed in accordance with the laws of the Republic of Lithuania without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.

25. Changes to Service

We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Service, or the entire Service, to users, including registered users.

26. Amendments

We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.

Your continued use of the Service following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Service.

27. Waiver and Severability

No waiver by Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision.

If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.

28. Logo Permission

By entering into this agreement, the Customer hereby grants the Company the non-exclusive, royalty-free right to use the Customer's logo for the sole purpose of promoting and referencing the Customer as a client of the Company.

Company may use the Customer's logo on its website, marketing materials, case studies, and other promotional content. Company agrees to use the Customer's logo in a professional manner and in accordance with any brand guidelines provided by the Customer. This logo usage right is non-transferable and shall remain in effect for the duration of the agreement and any subsequent renewal periods, unless terminated by either party in writing.

29. Acknowledgement

BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO THESE TERMS.

30. Contact Us

Questions or support requests may be sent to:

support@openmail.to

UAB All Systems Operational
Vilnius, Lithuania 🇪🇺