Acceptance
By creating a FlackEmail account or using the service, you agree to these Terms.
If you are accepting on behalf of a company, you confirm that you have the authority to bind that company. "You" in these Terms then means that company.
The service
FlackEmail is an email marketing tool: lists, campaigns, sequences, templates, and analytics. It is sold as part of the Empowered Founders bundle.
We improve and change the product regularly. We will not remove paid-for features without notice, but we may add, change, or retire smaller features as the product evolves.
Your account
You are responsible for your account, your password, and everything that happens under it. Use a strong password and turn on MFA.
Tell us at hi@flackemail.com as soon as you suspect unauthorised access.
Acceptable use
You agree not to use FlackEmail to:
- Send unsolicited bulk email ("spam"). All recipients must have opted in to receive your email. - Send malware, phishing, or fraudulent content. - Upload purchased, scraped, or rented lists. - Send content that is illegal, hateful, or that violates someone else's rights. - Attack, probe, or reverse engineer the service.
We take deliverability seriously. Repeated complaints, hard bounces, or spam-trap hits can lead to throttling, suspension, or termination.
Subscription, billing, and refunds
FlackEmail is sold inside the Empowered Founders bundle at $99 per month. Billing is monthly, in advance, via Stripe.
You can cancel any time from your account settings. Cancellation stops the next renewal; we do not pro-rate or refund partial months.
If we materially raise the price, we will give you at least 30 days notice and you can cancel before the new price applies.
Customer content
Everything you upload or create in FlackEmail (your lists, campaigns, templates, content) is yours. We claim no ownership.
To run the service you give us a limited, worldwide, royalty-free license to host, copy, transmit, and display that content for the purpose of providing FlackEmail to you. That license ends when you delete the content or close the account, except for backups that age out on the schedule in our retention policy.
Suspension and termination
We can suspend or terminate your account if you breach these Terms, if you put the platform at risk (for example sustained spam complaints), or if your payment fails and is not corrected.
For serious or urgent issues we may act immediately. For everything else we will give you a reasonable chance to fix the problem first.
You can terminate at any time by cancelling from your account.
Disclaimers and liability cap
FlackEmail is provided "as is". We do not promise the service will be uninterrupted or error-free, and we do not promise specific deliverability, open, or click outcomes.
To the maximum extent allowed by law, our total liability for any claim is capped at the amount you paid us in the 12 months before the claim. We are not liable for indirect, incidental, or consequential damages, lost profits, or lost data.
Indemnification
You will defend and indemnify us for third-party claims arising out of your content, your use of the service in breach of these Terms, or your violation of applicable law.
We will defend and indemnify you for third-party claims that the FlackEmail service itself, used as intended, infringes their intellectual property.
In both directions: the indemnified party must notify the other promptly, let them control the defence, and cooperate reasonably.
Changes to these terms
We may update these Terms as the product and the law change. The "Last updated" date at the top reflects the most recent change.
For material changes we email active customers at least 30 days in advance. Continued use after the effective date means you accept the new Terms.
Governing law
These Terms are governed by the laws of Germany. The exclusive venue for disputes is the competent courts of Berlin, Germany, except where mandatory consumer law in your country gives you a different forum.
Nothing in these Terms limits any non-waivable statutory rights you have as a consumer.
Contact
Questions about these Terms: hi@flackemail.com.
Empowered Founders, the operator of FlackEmail, will reply within a few business days.