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Home / Terms of Service

Terms of Service

Last updated: 27 February 2026

These Terms of Service ("Terms") govern your access to and use of OctusRelay's email delivery services, website, APIs, and documentation (collectively, the "Service"). By using the Service, you agree to be bound by these Terms.

1. Definitions

  • "OctusRelay", "we", "us", "our" refers to OctusRelay, operated by OctusCloud.
  • "You", "your", "Customer" refers to the individual or entity using the Service.
  • "Service" refers to the OctusRelay email delivery platform, including SMTP relay, REST API, dashboard, documentation, and related tools.
  • "Content" refers to email messages, templates, and other material you transmit through the Service.

2. Account Registration

To use the Service, you must create an account and provide accurate, complete registration information. You are responsible for maintaining the confidentiality of your API keys and account credentials. You are liable for all activity that occurs under your account.

You must be at least 18 years of age or the age of majority in your jurisdiction to create an account.

3. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You must not use the Service to:

  • Send unsolicited bulk email (spam) or messages that violate the CAN-SPAM Act, GDPR, or applicable anti-spam legislation
  • Send email to recipients who have not consented to receive messages from you
  • Send content that is illegal, fraudulent, deceptive, threatening, or harassing
  • Distribute malware, phishing attempts, or other malicious content
  • Impersonate another person or entity in email headers or content
  • Attempt to circumvent rate limits, quota restrictions, or security measures
  • Use the Service to test or probe the security of third-party systems without authorisation
  • Resell or redistribute the Service without prior written agreement

4. Service Levels

OctusRelay provides the Service with a target uptime of 99.9% for paid plans. The uptime SLA is measured on a monthly basis and excludes scheduled maintenance windows, which are communicated at least 48 hours in advance.

If the Service fails to meet the 99.9% uptime target in a given month, affected paid customers may request a service credit. Service credits are calculated as a percentage of the monthly fee proportional to the downtime experienced.

5. Pricing and Payment

Free tier accounts are provided at no cost subject to the published volume limits. Paid plans are billed monthly or annually in advance. Prices are published on our pricing page and may change with 30 days' notice.

Overage charges for exceeding your plan's monthly email quota are billed at the per-email rate specified for your plan tier. You will receive notifications at 80% and 100% of your quota before overage charges apply.

All fees are exclusive of taxes. You are responsible for any applicable VAT, GST, sales tax, or similar charges.

6. Data and Privacy

Our collection and use of personal data is governed by our Privacy Policy. By using the Service, you acknowledge that you have read and understood the Privacy Policy.

You retain ownership of all Content transmitted through the Service. You grant OctusRelay a limited licence to process and transmit your Content solely for the purpose of providing the Service.

7. Intellectual Property

The Service, including its design, software, documentation, APIs, and branding, is owned by OctusRelay and protected by intellectual property laws. These Terms do not grant you any rights to our intellectual property except the limited right to use the Service as described herein.

8. Suspension and Termination

We may suspend or terminate your account if you violate these Terms, fail to pay fees when due, or if your use of the Service poses a risk to our infrastructure, reputation, or other customers.

You may terminate your account at any time through the dashboard or by contacting support. Termination does not entitle you to a refund of prepaid fees for the current billing period.

Upon termination, we will retain your data for 90 days to allow for data export, after which it will be permanently deleted.

9. Limitation of Liability

To the maximum extent permitted by law, OctusRelay's total liability arising from or related to the Service is limited to the fees you paid in the twelve months preceding the claim. We are not liable for indirect, incidental, consequential, or punitive damages, including lost profits, lost data, or business interruption.

10. Indemnification

You agree to indemnify and hold harmless OctusRelay from any claims, damages, or expenses (including legal fees) arising from your use of the Service, your Content, or your violation of these Terms or applicable law.

11. Modifications

We may modify these Terms at any time. Material changes will be communicated via email to account holders at least 30 days before they take effect. Continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

12. Governing Law

These Terms are governed by and construed in accordance with the laws of England and Wales, without regard to conflict of law principles. Any disputes arising from these Terms will be subject to the exclusive jurisdiction of the courts of England and Wales.

13. Contact

For questions about these Terms:
Use our contact form for all enquiries.
General enquiries: Contact page

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