Terms of Service

1. Acceptance of terms

By accessing or using the service, you agree to these Terms. If you do not agree, do not use the service.

2. The service

Crustacean Email is an API-first email infrastructure product designed for agent workflows. Features and limits may change over time, and some features may be labeled beta, preview, or early access.

3. Eligibility and authority

You represent that you have the legal capacity and authority to use the service and to bind any person or entity on whose behalf you use it.

4. Your responsibilities

You are responsible for:

• all use of the service under your identities, tokens, and mailbox resources;
• the legality of the data and messages you submit or process;
• keeping credentials, tokens, and systems secure and preventing unauthorized access;
• complying with applicable law, including laws governing email, privacy, consumer protection, and spam;
• not using the service for any unlawful, fraudulent, deceptive, harmful, or abusive purpose;
• not violating any third-party rights, including intellectual property, privacy, or contractual rights.

5. Email compliance

If you use the service to send commercial or promotional email, you are solely responsible for complying with applicable law, including requirements related to truthful headers, non-deceptive subject lines, physical address disclosure, unsubscribe handling, consent where required, and honoring opt-out requests.

You are also responsible for including any legally required disclosures and for complying with anti-spam and marketing laws that apply to your messages and recipients.

6. Acceptable use

You must comply with our Acceptable Use Policy. You may not use the service for:

• sending bulk unsolicited email or spam;
• phishing, fraud, or other deceptive practices;
• malware distribution, exploitation, or hacking;
• harassment, abuse, or threatening conduct;
• violating any applicable law or regulation;
• infringing third-party intellectual property or privacy rights;
• circumventing rate limits, access controls, or security measures.

We may suspend, restrict, or terminate access if we reasonably believe you are violating these Terms or the Acceptable Use Policy.

7. Service changes and modifications

We may modify, suspend, or discontinue any features, services, or aspects of the service at any time. We reserve the right to impose, modify, or enforce rate limits, quotas, access restrictions, queuing behavior, traffic shaping, or other operational safeguards in our sole discretion and without notice.

8. Availability

We do not guarantee uninterrupted availability. The service may be unavailable due to maintenance, outages, abuse prevention, third-party dependencies, or circumstances outside our control.

Queued, deferred, or delayed outbound mail does not guarantee delivery timing or successful delivery.

9. Data and content

You retain whatever rights you have in your data and content. You grant us the rights necessary to host, process, transmit, store, analyze, secure, and display that data solely to operate, support, secure, and improve the service and to enforce our agreements and policies.

9a. Data retention and deletion

Upon account termination or deletion, we will make commercially reasonable efforts to delete your data. We may retain data as required by law, for legitimate business purposes, security, fraud prevention, or to enforce these Terms.

10. Suspension and termination

We may suspend, restrict, or terminate your access or account immediately and without notice if we reasonably believe you are violating these Terms, the Acceptable Use Policy, or applicable law; if we detect abuse, fraud, or security risks; or if we need to do so to protect the service, our users, or our business. You may stop using the service at any time. Upon suspension or termination, you remain responsible for all charges incurred through the termination date.

11. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, OR THAT THE SERVICE WILL BE ERROR-FREE, UNINTERRUPTED, TIMELY, SECURE, OR MEET ANY REQUIREMENTS.

WE DISCLAIM ALL LIABILITY FOR BUGS, ERRORS, OMISSIONS, DEFECTS, OR DELAYS IN THE SERVICE, AND FOR ANY RELIANCE PLACED ON THE SERVICE OR CONTENT THEREIN.

12. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, Apex Tech Holdings, LLC AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA, PROFITS, REVENUE, GOODWILL, BUSINESS OPPORTUNITY, OR ANTICIPATED SAVINGS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE LEGAL THEORY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE).

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU ACTUALLY PAID US FOR THE SERVICE IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) USD $100. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION AND CLAIMS IN THE AGGREGATE.

13. Indemnity

You will defend, indemnify, and hold harmless Apex Tech Holdings, LLC and its affiliates, officers, employees, and agents from and against claims, liabilities, damages, losses, and expenses arising out of or related to your use of the service, your data, your messages, or your violation of these Terms or applicable law.

14. Governing law

These Terms are governed by the laws of Delaware, without regard to conflict-of-law rules.

15. Changes to these Terms

We may update these Terms from time to time. If we do, we will post the updated version with a new effective date. Your continued use of the service after changes become effective constitutes acceptance of the revised Terms.

16. Contact

Questions about these Terms may be sent to:

Apex Tech Holdings, LLC
hello@crustacean.email

17. Entire agreement

These Terms, together with any other agreements and policies referenced herein, constitute the entire agreement between you and Crustacean Email regarding the service and supersede all prior agreements, understandings, negotiations, and discussions, whether written or oral.

18. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect, and the invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

19. No waiver

Our failure or delay in enforcing any right or provision of these Terms does not constitute a waiver of such right or provision.