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Email Terms and Conditions

Updated on 08.24.2026

These Email Terms and Conditions ("Email Terms") govern your use of utobo's email product — including bulk email campaigns, automated sequences, and transactional email sent through our API or SMTP relay (together, the "Email Services"). They supplement, and form part of, the utobo Terms of Use, the Acceptable Use Policy, the Anti-Spam Policy, and the Data Processing Addendum. Where these Email Terms conflict with the general Terms of Use on a matter specific to email sending, these Email Terms control. Capitalized terms not defined here have the meaning given in the Terms of Use.

1. Scope and Your Responsibility

You are responsible for all email sent from your account and with your API keys, including sends made by your team members and any integrations you connect. You must keep your API keys confidential and rotate them promptly if you suspect they have been compromised, and you are responsible for the accuracy of the sender identity, content, and recipient lists used in every send.

You are solely responsible for ensuring that your use of the Email Services complies with all applicable laws, regulations, and industry standards, including those governing commercial and marketing email in the jurisdictions where your recipients are located.

2. CAN-SPAM Compliance (United States)

utobo is a U.S.-based service, and every commercial message you send through the Email Services must comply with the U.S. CAN-SPAM Act. In particular, you must:

  • not use false or misleading "From," "To," reply-to, or routing/header information — the sender must be accurately identified;
  • not use deceptive or misleading subject lines;
  • identify the message as an advertisement where required;
  • include your own valid physical postal address in each commercial message — your business's current street address, registered agent, or post office box. Providing this address is your responsibility as the sender; utobo does not provide it, and utobo's address may not be used in its place;
  • provide a clear and conspicuous way for recipients to opt out of future email; and
  • honor opt-out requests promptly, and in any event within 10 business days, and not sell, transfer, or continue emailing an address once it has opted out.

Commercial vs. transactional messages. These requirements — in particular the opt-out mechanism — apply to commercial messages whose primary purpose is to advertise or promote a product or service. Transactional or relationship messages — such as receipts, password resets, order and shipping updates, and account or service notifications — are not required to include an unsubscribe link, but they must still use accurate, non-deceptive routing, header, and "From" information. Where a single message mixes commercial and transactional content, its primary purpose determines which rules apply, and you are responsible for that determination. You may not disguise commercial email as transactional to avoid the opt-out requirement.

The Email Services provide unsubscribe links, one-click List-Unsubscribe headers, and automatic opt-out handling to help you meet these obligations, but responsibility for compliance remains with you.

3. Permission-Based Sending (utobo Policy)

U.S. law does not require prior opt-in consent for every commercial email. As the email platform, however, utobo imposes a stricter contractual standard to protect deliverability and prevent abuse: you may only send email to recipients from whom you have obtained consent, or where you otherwise have a lawful basis to send the communication. By importing contacts or sending to them, you represent that you meet this standard, and you agree to provide evidence of your permission or lawful basis on our request.

4. Prohibited Lists

You may not send to purchased, rented, scraped, harvested, or otherwise third-party lists, and you may not collect email addresses by automated or deceptive means. This is a contractual requirement that is stricter than what the law alone requires: such lists generate high bounce and complaint rates that damage sending reputation and deliverability for every sender on our shared infrastructure. Importing a list constitutes your attestation that you built or collected it with the permission or lawful basis described above.

5. International Recipients

Where you send to recipients outside the United States, you are responsible for complying with the laws that apply to them, which may impose additional or stricter requirements — including, where applicable, Canada's Anti-Spam Legislation (CASL) and the EU/UK General Data Protection Regulation (GDPR) and ePrivacy rules, several of which do require prior opt-in consent. You are responsible for determining which laws apply to your sending and for meeting them.

6. Acceptable Use of the Email Services

Your use of the Email Services is subject to the Acceptable Use Policy and the Anti-Spam Policy. In addition, you may not:

  • send unlawful, infringing, deceptive, or fraudulent content, malware, or phishing, or link to any of the foregoing;
  • send content that harasses, threatens, or promotes hatred or violence, or that exploits or endangers minors;
  • attempt to bypass or interfere with suppression, unsubscribe handling, rate limits, throttling, or our sending-reputation controls;
  • obscure or falsify sender identity, headers, or routing information; or
  • use the API or SMTP relay as an open relay, or to send email on behalf of unrelated third parties.

We may scan message content and sending patterns to detect abuse and to enforce these Email Terms, and we may refuse, hold, or remove content that violates them.

7. Prohibited and High-Risk Content

To protect deliverability for everyone who sends on our platform, certain categories of content are prohibited or restricted because they generate high complaint rates. These typically include, without limitation: pornographic or sexually explicit material; escort and adult dating services; illegal products or substances; unlicensed gambling; "get rich quick," pyramid, and multi-level-marketing schemes; payday and other high-risk lending; cryptocurrency, forex, and related promotions; pharmaceuticals and supplements; and email list brokerage. We may require prior review, additional attestations, or dedicated infrastructure before allowing certain content, and we may decline or discontinue any use case that repeatedly harms deliverability for other senders.

8. Email Authentication

Proper authentication is required for reliable delivery. If you send from your own domain, you must configure and maintain SPF, DKIM, and DMARC records as directed in your account, and you are responsible for your domain's DNS configuration. We strongly recommend a DMARC policy for all senders. We may decline or pause sending from a domain that is not properly authenticated.

9. Sending Reputation, Limits, and Enforcement

Sending on utobo is a privilege conditioned on maintaining healthy sending metrics. We enforce limits on bounce rates and spam-complaint rates. If your account exceeds a warning threshold, we will notify you; if it exceeds a pause threshold, sending from your account is automatically suspended. These limits and controls apply across all of your sending — campaigns, automated sequences, and transactional API or SMTP sends alike.

New accounts are subject to temporary volume limits and content review while your sending reputation is established. We may also throttle, pause, or require remediation of your sending at any time to protect the deliverability and reputation of our shared sending infrastructure. When your sending status changes, we notify you by email and in your dashboard, identify the metric involved and the value that triggered the change, and explain how to request a review.

10. Suppression, Unsubscribes, and Deliverability

Addresses that hard-bounce or generate a spam complaint are added to our suppression list automatically, and the Email Services will not send to a suppressed address. Unsubscribes are honored for the sending organization and stop further marketing email to that recipient from that organization. You may not attempt to circumvent suppression, unsubscribe links, or one-click unsubscribe mechanisms.

Email delivery depends on receiving mailbox providers and other factors outside our control. utobo does not guarantee that any message will be delivered, placed in the inbox, opened, or clicked, and makes no guarantee of any particular deliverability, engagement, open rate, or sender reputation.

11. Suspension and Termination for Sending Violations

We may suspend or terminate your access to the Email Services, in whole or in part, immediately and — where warranted — without prior notice, for reasons including:

  • spam complaints or high complaint rates;
  • excessive bounce rates;
  • abuse reports or feedback-loop notifications;
  • phishing, fraud, or deceptive activity;
  • use of purchased, rented, scraped, harvested, or third-party lists;
  • distribution of malware or malicious links;
  • illegal, infringing, or deceptive content;
  • circumvention of unsubscribe, suppression, or one-click List-Unsubscribe mechanisms;
  • non-payment; or
  • any other activity that we reasonably believe creates legal, security, or reputational risk to utobo or the shared sending platform.

On termination, sending stops, and the data-retention and post-termination provisions of the Terms of Use and the Data Processing Addendum apply.

12. Fees, Enforcement, and Refunds

Fees for the Email Services are governed by the payment terms in the Terms of Use, including advance billing and automatic renewal. To be clear about the consequence of a breach: if your account is paused, suspended, or terminated because you exceeded the sending or reputation limits described in these Email Terms, or otherwise violated the Acceptable Use Policy or Anti-Spam Policy, fees for the current billing period are non-refundable. Any lifetime or one-time-deal entitlement remains subject to these Email Terms and to the sending, reputation, and acceptable-use rules above.

13. API, SMTP, and Fair Use

Access to the Email Services through our API and SMTP relay is subject to fair-use quotas and rate limits, which may vary by plan. You may not circumvent rate limits or use the API or SMTP relay to relay mail for unrelated third parties. We may rate-limit, suspend, or revoke API keys that threaten the stability, security, or reputation of the platform. Our SDKs and documentation are licensed for use with the Email Services and are provided without warranty.

14. Contact Data and Data Processing

For the contact data you upload and send to, you are the data controller and utobo acts as your data processor, processing that data on your documented instructions to provide the Email Services. This processing is governed by our Data Processing Addendum, which also identifies our sub-processors (including Amazon Web Services, which we use to deliver email), describes our security measures, and sets out data retention, deletion, and international-transfer terms. We retain suppression and unsubscribe records as needed to honor opt-out obligations, including after your account is closed.

15. Changes and Relationship to Other Policies

We may update these Email Terms from time to time; when we do, we will update the "Updated on" date above, and your continued use of the Email Services constitutes acceptance of the updated Email Terms. These Email Terms are read together with the Terms of Use, Acceptable Use Policy, Anti-Spam Policy, Data Processing Addendum, and, where applicable, the Affiliate Program Agreement.

Questions about these Email Terms can be sent to support@utobo.com.