1. Acceptance and authority
By accessing or using the Services, you agree to these Terms of Service. If you use the Services for an organization, you represent that you have authority to bind that organization, and “you” includes that organization. If you do not agree, do not use the Services.
2. Accounts and administrators
You must provide accurate account information, protect credentials, use appropriate access controls, and promptly notify TripGain of suspected unauthorized access. Workspace administrators control users, connected mailboxes, campaigns, integrations, and company settings and are responsible for actions taken through those accounts.
3. The Services
TripGain provides tools for creating and scheduling email campaigns, connecting sending accounts, managing recipient and suppression data, pacing delivery, processing follow-ups, and reviewing campaign and deliverability analytics. Features may evolve, and some functionality depends on third-party services such as Google Workspace, SMTP providers, hosting providers, and AI services.
4. Customer responsibilities and lawful outreach
You are responsible for your campaigns, recipients, content, and use of the Services. You must:
- Have a lawful basis and any required consent or permission to contact each recipient.
- Provide accurate sender identification and all disclosures required by applicable law.
- Include and honor functioning unsubscribe mechanisms and suppression requests.
- Maintain accurate suppression lists and avoid recipients who opted out or objected.
- Comply with privacy, marketing, anti-spam, consumer-protection, and telecommunications laws.
- Respect provider policies, sending limits, domain reputation, and mailbox security requirements.
TripGain does not determine whether a particular campaign or recipient list is lawful for your use.
5. Prohibited use
You may not use the Services to:
- Send spam, phishing, malware, deceptive messages, or unlawful or abusive content.
- Use purchased, scraped, stolen, or improperly obtained contact data without a valid legal basis.
- Misrepresent identity, impersonate others, conceal message origin, or evade provider restrictions.
- Harass recipients or continue contacting people after an unsubscribe, objection, or complaint.
- Probe, disrupt, reverse engineer, overload, or gain unauthorized access to the Services.
- Use the Services in violation of sanctions, export controls, or another party’s rights.
6. Google Workspace and third-party services
Connecting a Google Workspace or other third-party account authorizes TripGain to interact with that service within the permissions you grant. You remain subject to the third party’s terms and policies. TripGain is not responsible for third-party outages, account restrictions, quota decisions, rejected messages, or changes to external APIs. You may disconnect integrations at any time, though doing so may interrupt scheduled delivery.
7. Customer data
You retain ownership of data and content you submit to the Services. You grant TripGain a limited right to host, process, transmit, display, and create operational copies of that data solely to provide, secure, support, and improve the Services and comply with law. You represent that you have the rights necessary to provide and process the data through TripGain.
8. TripGain technology
TripGain and its licensors retain all rights in the Services, software, interfaces, documentation, designs, and related technology. Except for the limited right to use the Services under these terms, no intellectual-property rights are transferred to you. Feedback may be used by TripGain without restriction or obligation.
9. Fees
If your use is subject to a paid plan, order form, or subscription, you agree to pay the applicable fees and taxes according to those terms. Except where required by law or expressly stated in an applicable agreement, payments are non-refundable. Third-party provider charges are your responsibility.
10. Availability and changes
We aim to operate the Services reliably but do not guarantee uninterrupted or error-free availability. Maintenance, security events, provider failures, internet conditions, and other events may affect access or delivery. We may modify or discontinue features and will provide reasonable notice when practical for material changes affecting paid customers.
11. Suspension and termination
We may restrict or suspend access when reasonably necessary to address abuse, security risk, unlawful activity, nonpayment, provider complaints, excessive bounce or complaint rates, or material breach of these terms. You may stop using the Services at any time. Provisions concerning payment, ownership, confidentiality, disclaimers, liability, and disputes survive termination where applicable.
12. Disclaimers
To the maximum extent permitted by law, the Services are provided “as is” and “as available.” TripGain disclaims implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranty that campaigns will be delivered, opened, answered, or produce a particular business result. Deliverability depends on content, recipient behavior, customer configuration, external providers, and reputation factors outside TripGain’s control.
13. Limitation of liability
To the maximum extent permitted by law, TripGain will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenue, goodwill, data, or business opportunity. TripGain’s aggregate liability arising from the Services will not exceed the amount paid for the Services during the twelve months before the event giving rise to the claim. These limits do not apply where liability cannot lawfully be limited.
14. Indemnity
To the extent permitted by law, you will defend and indemnify TripGain against third-party claims, damages, and reasonable costs arising from your campaigns, recipient data, content, unlawful use, breach of these terms, or violation of another party’s rights.
15. General terms
These terms, together with an applicable order form or written agreement, form the agreement governing the Services. If an order form conflicts with these terms, the order form controls for that customer. You may not assign the agreement without consent, except in connection with a permitted corporate reorganization. If a provision is unenforceable, the remaining provisions continue in effect. Failure to enforce a provision is not a waiver.
16. Changes and contact
We may update these terms as the Services or legal requirements change. Continued use after an updated version becomes effective constitutes acceptance where permitted by law. Questions may be sent to support@tripgain.com.