Terms of Service
Effective date: January 16, 2025
🔒 Compliance Statement
CAN-SPAM Compliant
GDPR Compliant
Mailgun AUP Compliant
Anti-Spam Compliant
1. Acceptance of Terms
By accessing or using UpVocab services (the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Service.
2. Description of Service
UpVocab provides business services including email communications, delivered through our website and related platforms. We utilize Mailgun as our email service provider to ensure reliable delivery and compliance with applicable laws.
3. User Accounts and Registration
- You must provide accurate and complete information during registration
- You are responsible for maintaining the confidentiality of your account credentials
- You must be at least 18 years old to create an account
- You agree to notify us immediately of any unauthorized use of your account
4. Email Communications and Consent
⚠️ Important: Anti-Spam Compliance
By using our Service, you acknowledge and agree that:
- We will only send marketing emails to individuals who have explicitly consented
- All marketing emails will include a clear unsubscribe mechanism
- We comply with CAN-SPAM Act, GDPR, and other applicable anti-spam laws
- We use Mailgun's email delivery service in compliance with their Acceptable Use Policy
4.1 Types of Email Communications
- Transactional Emails: Account notifications, password resets, service confirmations
- Marketing Emails: Promotional content, newsletters, product updates (requires explicit consent)
- Service Emails: Important service updates, security alerts, policy changes
4.2 Consent and Opt-In Requirements
For marketing communications, we require:
- Explicit consent through double opt-in process
- Clear description of what you're subscribing to
- Ability to unsubscribe at any time
- Verification of email address ownership
4.3 Unsubscribe Rights
You have the right to:
- Unsubscribe from marketing emails at any time
- Receive confirmation of your unsubscribe request
- Have your request processed within 10 business days
- Contact us directly at bondarenkosv13@gmail.com
5. Prohibited Conduct
🚫 Strictly Prohibited Activities
You agree not to use our Service for any of the following:
- Sending spam or unsolicited commercial emails
- Violating any applicable laws or regulations
- Impersonating any person or entity
- Interfering with the security or integrity of our Service
- Collecting email addresses without proper consent
- Using purchased, rented, or third-party email lists
- Sending emails to non-consenting recipients
- Failing to honor unsubscribe requests
- Using misleading subject lines or sender information
- Violating Mailgun's Acceptable Use Policy
6. Email Service Provider (Mailgun)
We use Mailgun as our email service provider. By using our Service, you acknowledge:
- Mailgun may process your email data according to their terms and privacy policy
- Email delivery rates may vary based on recipient server policies
- We implement best practices for email deliverability and compliance
- Mailgun's infrastructure is used for email routing and delivery
7. Data Protection and Privacy
Your privacy is important to us. Our data handling practices are governed by:
- Our Privacy Policy (available at privacy/privacy.html)
- GDPR compliance for EU residents
- CCPA compliance for California residents
- Industry-standard security measures
8. Intellectual Property
All content, trademarks, logos, and intellectual property provided by us remain our property. You may not:
- Use our trademarks without written consent
- Copy, modify, or distribute our content without authorization
- Reverse engineer our services or software
- Create derivative works based on our content
9. Service Availability and Modifications
We strive to provide reliable service but cannot guarantee:
- 100% uptime or availability
- Uninterrupted service during maintenance
- Compatibility with all email clients or servers
We reserve the right to modify, suspend, or discontinue the Service with appropriate notice.
10. Account Termination
We may suspend or terminate your account if you:
- Violate these Terms or our Privacy Policy
- Engage in prohibited conduct
- Fail to pay applicable fees
- Violate anti-spam laws or regulations
- Breach Mailgun's Acceptable Use Policy
11. Limitation of Liability
To the maximum extent permitted by law:
- We are not liable for indirect, incidental, or consequential damages
- Our total liability is limited to the amount you paid for the Service
- We are not responsible for third-party actions or services
- Email delivery rates may vary and we cannot guarantee delivery
12. Indemnification
You agree to indemnify and hold us harmless from any claims, damages, or losses arising from:
- Your use of the Service
- Your violation of these Terms
- Your violation of any applicable laws
- Your sending of unsolicited or spam emails
13. Governing Law and Disputes
These Terms are governed by the laws of [Your Jurisdiction]. Any disputes will be resolved through:
- Good faith negotiation
- Binding arbitration if negotiation fails
- Courts in [Your Jurisdiction] for non-arbitrable matters
14. Changes to Terms
We may update these Terms from time to time. We will notify you of material changes by:
- Email notification to your registered address
- Notice on our website
- In-app notification
Continued use after notification constitutes acceptance of the updated Terms.
15. Contact Information
For questions about these Terms or to report violations, contact us at:
📋 Compliance Resources
For more information about our compliance efforts:
⚠️ Important Notice
These Terms of Service are designed to ensure compliance with email marketing laws and regulations. Violation of these terms may result in immediate account suspension and legal action.