Terms of Service
Last updated August 20, 2026
Agreement to our legal terms
We are Kickstartmail LLC ("Company," "we," "us," "our"), a company registered in Georgia, United States at 825 Hwy 74 South, Peachtree City, GA 30269.
We operate the website https://kickstartmail.com (the "Site"), as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").
We provide a multi-tenant email marketing platform that business customers use to build contact lists and send email campaigns through their own Kickstartmail account, which relays delivery through SendGrid.
You can contact us by email at support@kickstartmail.com or by mail to 825 Hwy 74 South, Peachtree City, GA 30269, United States.
These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and Kickstartmail LLC, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
We will provide you with prior notice of any scheduled changes to the Services you are using. The modified Legal Terms will become effective upon posting or notifying you by support@kickstartmail.com, as stated in the email message. By continuing to use the Services after the effective date of any changes, you agree to be bound by the modified terms.
The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.
Table of contents
- Our Services
- Intellectual property rights
- User representations
- User registration
- Purchases and payment
- Prohibited activities
- User generated contributions
- Contribution license
- Services management
- Privacy Policy
- Copyright infringements
- Term and termination
- Modifications and interruptions
- Governing law
- Dispute resolution
- Corrections
- Disclaimer
- Limitations of liability
- Indemnification
- User data
- Electronic communications, transactions, and signatures
- California users and residents
- Miscellaneous
- Contact us
1. Our Services
The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
2. Intellectual property rights
Our intellectual property
We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").
Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.
The Content and Marks are provided in or through the Services "AS IS" for your internal business purpose only.
Your use of our Services
Subject to your compliance with these Legal Terms, including the "Prohibited Activities" section below, we grant you a non-exclusive, non-transferable, revocable license to access the Services and download or print a copy of any portion of the Content to which you have properly gained access, solely for your internal business purpose.
Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
If you wish to make any use of the Services, Content, or Marks other than as set out in this section, please address your request to support@kickstartmail.com. Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.
Your submissions and contributions
Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission.
Contributions: The Services may invite you to create, submit, post, or transmit content and materials ("Contributions"). You understand that Contributions may be viewable by other users of the Services. When you post Contributions, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide license to use, copy, reproduce, distribute, publish, and otherwise exploit your Contributions for any purpose.
You are solely responsible for your Submissions and/or Contributions and you confirm they will not violate our "Prohibited Activities" section, any third party's intellectual property rights, or applicable law.
Copyright infringement
We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately refer to the "Copyright Infringements" section below.
3. User representations
By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update it as necessary; (3) you have the legal capacity and you agree to comply with these Legal Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Services for any illegal or unauthorized purpose; and (7) your use of the Services will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services.
4. User registration
You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
5. Purchases and payment
Kickstartmail does not currently charge for use of the Services — no billing or payment processing exists yet. This section will be updated with real payment terms if and when billing is introduced.
6. Prohibited activities
You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Services, you agree not to:
- Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Circumvent, disable, or otherwise interfere with security-related features of the Services.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
- Use any information obtained from the Services to harass, abuse, or harm another person.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Use the Services in a manner inconsistent with any applicable laws or regulations.
- Engage in unauthorized framing of or linking to the Services.
- Upload or transmit viruses, Trojan horses, or other material, including excessive use of capital letters and spamming, that interferes with any party's uninterrupted use and enjoyment of the Services.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Delete the copyright or other proprietary rights notice from any Content.
- Attempt to impersonate another user or person or use the username of another user.
- Upload or transmit any material that acts as a passive or active information collection or transmission mechanism, including web bugs, cookies, or similar devices.
- Interfere with, disrupt, or create an undue burden on the Services or connected networks.
- Harass, annoy, intimidate, or threaten any of our employees or agents.
- Attempt to bypass any measures of the Services designed to prevent or restrict access.
- Copy or adapt the Services' software, including but not limited to HTML or JavaScript.
- Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising the Services.
- Use, launch, develop, or distribute any automated system, including any spider, robot, or scraper.
- Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users for the purpose of sending unsolicited email, or creating accounts by automated means or under false pretenses.
- Use the Services as part of any effort to compete with us or otherwise use the Services for any revenue-generating endeavor not endorsed by us.
- Send spam or unsolicited bulk email, or otherwise violate CAN-SPAM, anti-spam laws, or SendGrid's Acceptable Use Policy.
7. User generated contributions
The Services may invite you to create, submit, post, or transmit content and materials ("Contributions"). Contributions may be viewable by other users of the Services. When you create or make available any Contributions, you represent and warrant that they do not infringe any third party's rights, are not false, inaccurate, or misleading, are not unsolicited advertising or spam, are not obscene or harassing, and do not violate any applicable law.
Any use of the Services in violation of the foregoing violates these Legal Terms and may result in termination or suspension of your rights to use the Services.
8. Contribution license
By posting your Contributions to any part of the Services, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to host, use, copy, reproduce, and distribute such Contributions for any purpose, and to prepare derivative works of, or incorporate into other works, such Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights associated with them. We have the right, in our sole discretion, to edit, redact, re-categorize, or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
9. Services management
We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who violates the law or these Legal Terms; (3) refuse, restrict access to, or disable any Contributions; (4) remove from the Services or otherwise disable files and content that are excessive in size or burdensome to our systems; and (5) otherwise manage the Services to protect our rights and property and facilitate proper functioning of the Services.
10. Privacy Policy
We care about data privacy and security. Please review our Privacy Policy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. The Services are hosted in the United States. If you access the Services from any other region with laws governing personal data collection that differ from applicable laws in the United States, then through your continued use of the Services, you consent to have your data transferred to and processed in the United States.
11. Copyright infringements
We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately notify us at support@kickstartmail.com. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a notification. Thus, if you are not sure that material located on or linked to by the Services infringes your copyright, you should consider first contacting an attorney.
12. Term and termination
These Legal Terms shall remain in full force and effect while you use the Services. We reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Services to any person for any reason or for no reason, including for breach of any representation, warranty, or covenant contained in these Legal Terms or of any applicable law or regulation. We may terminate your use of the Services or delete your account and any content you posted at any time, without warning, in our sole discretion.
13. Modifications and interruptions
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. We cannot guarantee the Services will be available at all times — we may experience hardware, software, or other problems or need to perform maintenance, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services.
14. Governing law
These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of Georgia applicable to agreements made and to be entirely performed within the State of Georgia, without regard to its conflict of law principles.
15. Dispute resolution
Informal negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (a "Dispute") brought by either you or us, the parties agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one party to the other.
Binding arbitration
If the parties are unable to resolve a Dispute through informal negotiations, the Dispute will be finally and exclusively resolved by binding arbitration. You understand that without this provision, you would have the right to sue in court and have a jury trial. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes. If arbitration costs are determined by the arbitrator to be excessive, we will pay all arbitration fees and expenses. Except where otherwise required by applicable AAA rules or applicable law, the arbitration will take place in Fayette County, Georgia.
If for any reason a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced in the state and federal courts located in Fayette County, Georgia, and the parties consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such courts.
In no event shall any Dispute related to the Services be commenced more than one (1) year after the cause of action arose.
Restrictions
The parties agree that any arbitration shall be limited to the Dispute between the parties individually. To the full extent permitted by law: (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to informal negotiations and arbitration
The parties agree that the following Disputes are not subject to the above provisions: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any intellectual property rights; (b) any Dispute related to allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief.
16. Corrections
There may be information on the Services that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information on the Services at any time, without prior notice.
17. Disclaimer
The Services are provided on an as-is and as-available basis. You agree that your use of the Services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the Services and your use thereof, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the Services' content and will assume no liability for any errors, mistakes, personal injury or property damage resulting from your access to and use of the Services, unauthorized access to our servers, interruptions in transmission, bugs or viruses transmitted through the Services, or errors in any content made available via the Services.
18. Limitations of liability
In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, or loss of data, arising from your use of the Services, even if we have been advised of the possibility of such damages. Our liability to you for any cause whatsoever will at all times be limited to the amount paid, if any, by you to us. Certain US state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages — if these laws apply to you, some or all of the above limitations may not apply to you, and you may have additional rights.
19. Indemnification
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties; (5) your violation of the rights of a third party; or (6) any overt harmful act toward any other user of the Services.
20. User data
We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data.
21. Electronic communications, transactions, and signatures
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Services.
22. California users and residents
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
23. Miscellaneous
These Legal Terms and any policies or operating rules posted by us on the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Legal Terms or use of the Services.
24. Contact us
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:
Kickstartmail LLC
825 Hwy 74 South
Peachtree City, GA 30269
United States
support@kickstartmail.com
This Terms of Service was created using Termly's Terms and Conditions Generator.