TrekMail — Terms of Use

1. Introduction and Definitions

1.1. The Agreement

These Terms of Use ("Terms") constitute a legally binding agreement between you ("Customer," "User," "you," or "your") and TrekGuider Inc., a Delaware corporation ("TrekMail," "we," "us," or "our"), governing your access to and use of the TrekMail email hosting platform, websites, dashboards, APIs, and related services (collectively, the "Services").

By creating an account, connecting a domain, or accessing the Services, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Services.

1.2. Key Definitions

• "BYO SMTP": ("Bring Your Own SMTP") Functionality enabling you to send email through a third-party SMTP provider using credentials you supply, bypassing TrekMail's internal delivery infrastructure.
• "Managed SMTP": TrekMail-provided outbound email delivery services and related deliverability controls.
• "Customer Content": All content and data submitted, stored, sent, received, routed, imported, or otherwise processed through the Services by you, including email message content, headers, attachments, and metadata.
• "Documentation": Our public documentation pages and in-product help materials.

2. Account Registration and Security

2.1. Eligibility and Authority

To use the Service, you represent and warrant that:

• You are at least 18 years of age (or the age of majority in your jurisdiction).
• You are not a person barred from receiving services under the laws of the United States or other applicable jurisdictions (e.g., sanctions).
• If you are registering on behalf of a legal entity (e.g., a company), you have the full legal authority to bind that entity to these Terms.

2.2. Authentication Methods

You may authenticate to the Service using email/password credentials or, where available, third-party social login providers (such as Google, Facebook, X/Twitter, or Microsoft). When using social login, your authentication is subject to the third-party provider's terms and privacy policy. You may link multiple social accounts to a single TrekMail account and manage these connections from your account settings.

2.3. Account Responsibilities

You are solely responsible for:

• Maintaining the confidentiality of your login credentials, API keys, and any linked social accounts.
• All activities that occur under your account, including actions by your employees, contractors, or end-users.
• Updating your billing and contact information to keep it current.

Notification: You must notify us immediately via the Dashboard Ticket System of any unauthorized use of your account. TrekMail is not liable for any loss or damage arising from your failure to protect your credentials.

2.4. Registration Integrity

To maintain a safe and trustworthy platform, you agree that:

• No Brand Impersonation: You may not register using an email address that contains "TrekMail," "TrekGuider," or any other trademark or brand name owned by TrekGuider Inc. (e.g., trekmail@example.com). Such registrations may be suspended without notice.
• No Disposable or Throwaway Email Addresses: You must register with a permanent, functioning email address under your ownership or control. Accounts registered with disposable, temporary, or single-use email providers are prohibited and may be terminated immediately.
• No Automated Registration: You may not use bots, scripts, or automated tools to create accounts. All registration and verification steps must be performed by a human user.
• No Competitive Intelligence Accounts: Creating accounts for the sole purpose of monitoring, benchmarking, scraping, or gathering competitive intelligence about the Service is prohibited.
• Inactive Account Cleanup: Accounts with no domain, no mailbox, and no meaningful activity within 30 days of registration may be automatically removed without notice.

3. Platform Features and Specific Terms

3.1. BYO SMTP (Bring Your Own SMTP)

If you enable BYO SMTP features:

• Authorization: You explicitly authorize TrekMail to use the SMTP server settings and credentials you provide solely to send email on your behalf through your chosen third-party SMTP provider.
• Third-Party Liability: Your use of a third-party SMTP provider (e.g., Amazon SES, SendGrid, Mailgun) is governed by that provider's terms. TrekMail is not responsible for their availability, rate limits, blocks, or deliverability outcomes.
• Credential Security: You are responsible for keeping your third-party SMTP credentials secure and for rotating them if you suspect compromise.

3.2. Migration and Import Tools

If you use our migration tools (e.g., IMAP import):

• Authorization: You represent that you have the legal right and authorization to access and import the data from the source account.
• No Guarantee: Migration depends on third-party systems (your prior provider) and may be subject to their rate limits or technical constraints. We do not guarantee that migration will be error-free or complete.

3.3. Bulk Domain Import

If you use our bulk domain import features:

• Authorization: You represent and warrant that you have the legal right to register and use each domain you import, and that you have proper authorization from the domain owner (if not yourself).
• Plan Limits: Bulk imports are subject to your subscription plan's domain limits. Domains exceeding your quota will not be created.
• Audit Logging: For security and accountability purposes, bulk domain operations (including deletions) are logged with timestamps and operator identifiers.

3.4. AI Transparency and Automated Enforcement

TrekMail uses automated systems (including AI/Machine Learning and rules-based logic) to protect the Service. These systems may:

• Detect suspicious logins or abuse patterns (e.g., "snowshoe" spamming).
• Identify spam, malware, phishing, or policy violations.
• Automatically trigger controls such as throttling, pausing outbound sending, or blocking accounts.

If you believe an automated restriction was applied in error, you may request human review via a support ticket.

3.5. API Access and MCP Server

If you use the TrekMail REST API or connect AI agents via the MCP (Model Context Protocol) server:

• Token Security: API tokens are credentials equivalent to passwords. You are responsible for storing tokens securely, restricting their scopes to the minimum required, and revoking tokens that are no longer needed or may be compromised.
• Plan-Based Access: API capabilities are determined by your subscription plan. Starter plans provide read-only access. Pro and Agency plans provide full read/write access. If you downgrade, existing tokens with write scopes will be blocked at runtime.
• Rate Limits: API requests are subject to per-token rate limits. Destructive operations (mailbox deletion) have additional daily limits and cooldowns. Exceeding rate limits returns 429 Too Many Requests with a Retry-After header.
• Two-Step Deletion: Mailbox deletion via the API requires a two-step process (create intent, then confirm). Delete intents expire after 5 minutes if not confirmed. This safety mechanism cannot be bypassed.
• Idempotency: All mutating API requests require an Idempotency-Key header to prevent duplicate operations.
• Audit Logging: Every API action is logged, including the token used, resource affected, IP address, and timestamp. Audit logs are visible in your dashboard and may be used for security investigations.
• MCP Server: The TrekMail MCP server is provided for connecting compatible AI agents (such as Claude Desktop and Claude Code). Destructive operations are disabled by default in the MCP server and require explicit opt-in via environment configuration. You are responsible for the actions taken by any AI agent you connect.
• Message Tokens and Email Access: Pro and Agency plans allow you to create message tokens (tm_msg_ prefix) that grant programmatic access to read and send email from specific mailboxes. Message tokens are separate from operations tokens (tm_live_ prefix) and carry their own scopes. Email sending via the API or MCP server requires two independent safety gates (environment opt-in and per-request confirmation). You are solely responsible for all email sent through your tokens, including email sent by AI agents or automated systems you connect, and must comply with the Acceptable Use Policy (Section 5) at all times.
• Prohibited Use: You may not use the API to circumvent plan limits, scrape data at scale, resell API access, or automate actions that violate our Acceptable Use Policy (Section 5).
• Email Verifier: The Email Verifier feature allows you to validate email addresses using verification credits. Credits are consumed per email submitted, regardless of the verification outcome (valid, invalid, or unknown). Credits are deducted upfront when a verification job is submitted. Monthly free credits reset on your billing date and do not roll over. Purchased credits do not expire. Email addresses submitted for verification are stored temporarily (up to 15 days) for result retrieval and are then permanently deleted. You may not use the Email Verifier to harvest, scrape, or validate email addresses obtained without consent, or to facilitate unsolicited email campaigns in violation of the Acceptable Use Policy (Section 5).

3.6. Marketplace Purchases (ClickBank, JVZoo)

If you purchase a TrekMail subscription through an authorized third-party marketplace (such as ClickBank or JVZoo):

• Merchant of Record: The marketplace operator acts as the merchant of record for your initial purchase. Your payment is processed by the marketplace, and the marketplace's refund policy, terms of sale, and dispute resolution procedures govern that transaction.
• Account Provisioning: Upon successful purchase verification, TrekMail will provision your account with the corresponding subscription plan. You may be required to verify your identity by providing the email address and transaction receipt associated with your marketplace purchase.
• Transition to TrekMail Billing: If your marketplace subscription is cancelled, expires, or is not renewed through the marketplace, you may transition to direct TrekMail billing (via Stripe) to maintain uninterrupted service. Upon such transition, subsequent billing is governed entirely by these Terms.
• Security Review: TrekMail reserves the right to place marketplace-originated accounts under security review prior to activation to prevent fraud and abuse. Accounts flagged during review may be temporarily restricted pending manual verification.
• Applicable Terms: Once your TrekMail account is provisioned, all provisions of these Terms apply in full, regardless of the original purchase channel.

3.7. Referral Program

TrekMail may offer a referral program permitting existing customers to refer new users:

• Eligibility: Referral rewards are available to customers with an active TrekMail account in good standing. Referral rewards are separate from and independent of the Affiliate Program.
• Reward Structure: Referral rewards (such as free subscription months or account discounts) are granted at TrekMail's sole discretion and are subject to change without prior notice. Specific reward tiers and conditions are described on the referral program page within the Service.
• Confirmed Referrals: A referral is confirmed only upon the referred user's first successful paid subscription. Trial signups alone do not qualify.
• Prohibited Conduct: Self-referrals, fake signups, and any scheme to artificially generate referral rewards are strictly prohibited and may result in forfeiture of all pending rewards and account suspension.
• Modification or Discontinuation: TrekMail reserves the right to modify, suspend, or discontinue the referral program at any time, with or without notice. Rewards already confirmed and credited prior to discontinuation will be honored.

4. Fees, Billing, and Refunds

4.1. Payment Methods

We support multiple payment methods, including:

• Card Payments: Processed via Stripe (or designated processor). Where supported by your device, browser, and region, digital wallet options such as Apple Pay and Google Pay are also available through Stripe's payment interface.
• Crypto Payments: Processed via third-party crypto processors (e.g., NOWPayments), where offered. Crypto payments are typically non-refundable and may not support automatic renewal. Cryptocurrency transactions are subject to applicable anti-money laundering (AML) regulations, sanctions screening (including OFAC compliance), and any other requirements imposed by applicable law, including the Guiding and Establishing National Innovation for U.S. Stablecoins Act (GENIUS Act) where applicable. TrekMail reserves the right to decline or reverse cryptocurrency transactions that fail compliance screening.

4.2. Renewals

• Auto-Renewal: Card-based subscriptions automatically renew at the end of each billing cycle unless canceled.
• Manual Renewal: Plans paid via Crypto or non-recurring methods will expire at the end of the paid term unless manually renewed by you.

4.3. No Refunds

ALL FEES ARE NON-REFUNDABLE except where explicitly required by applicable law. We do not provide refunds for partial months, plan downgrades, or accounts terminated for violation of these Terms.

5. Acceptable Use and Anti-Spam Policy (AUP)

TrekMail maintains a Zero Tolerance policy for spam.

5.1. Strict Prohibition on Cold Outreach and Spam

You may NOT use the Service to send:

• Unsolicited Bulk Email (UBE) or Unsolicited Commercial Email (UCE).
• "Cold" emails to recipients who have not explicitly opted in.
• "Snowshoe" campaigns (spreading spam across many domains/IPs to evade filters).
• Emails to lists purchased, rented, scraped, or harvested from third-party sources.

5.2. Prohibited Content and Activities

You agree not to use the Service to:

• Send fraudulent, deceptive, or phishing emails.
• Distribute malware, ransomware, or spyware.
• Impersonate any person or entity ("spoofing").
• Host or transmit illegal content (CSAM, hate speech, violence).
• Interfere with the Service (DDoS, stress testing, bypassing authentication).

5.3. Enforcement

Violation of this Section may result in immediate blocking of domains, suspension of account, or termination without refund.

5.4. Prohibited Registration and Reconnaissance Practices

In addition to the prohibitions above, you may not:

• Create accounts using disposable, temporary, or catchall email domains.
• Register multiple accounts from the same IP address or device for the purpose of evading restrictions or plan limits.
• Use the Service — including the free tier — exclusively to reverse-engineer pricing, features, UX flows, or technical architecture for competitive purposes.
• Register using an email address that incorporates third-party brand names or trademarks.

Violations of this section may result in immediate account suspension, IP blocking, and reporting to relevant authorities where applicable.

6. Intellectual Property and Content

6.1. Customer Content

You retain ownership of your Customer Content. You grant TrekMail a limited license to host, copy, transmit, and display Customer Content solely as necessary to provide the Service to you.

6.2. TrekMail IP

TrekGuider Inc. retains all rights, title, and interest in the Service, including its software, logos, trademarks, and documentation. You may not reverse engineer, decompile, or copy the Service.

6.3. DMCA / Copyright Policy

If you believe content hosted on TrekMail infringes your copyright, please send a notice strictly complying with the Digital Millennium Copyright Act (DMCA) to our designated agent at the postal address listed in Section 15.

7. EU Data Act (Switching and Portability)

In compliance with Regulation (EU) 2023/2854 (the "EU Data Act"), which became applicable on September 12, 2025, TrekMail commits to the following data portability and switching provisions. These obligations apply where the EU Data Act is applicable to the Services and to you.

• Data Portability: You may export your email data at any time via standard IMAP access using any compatible email client. Account configuration, domain settings, DNS records, forwarding rules, and mailbox metadata are accessible through the TrekMail API and dashboard. Email Verifier results are downloadable in CSV format during the retention period. TrekMail uses open, industry-standard protocols (IMAP, SMTP) and data formats to facilitate portability.
• No Unreasonable Switching Barriers: TrekMail does not impose technical, contractual, or commercial obstacles that would unreasonably impede your ability to switch to another provider. There are no data lock-in mechanisms, proprietary export formats, or contractual penalties for switching. You may cancel your subscription and export your data at any time during your subscription term.
• No Switching Fees: TrekMail does not charge switching fees, data export fees, or early termination penalties. All data export capabilities described above are available at no additional cost.
• Transition Period: Upon cancellation or non-renewal, TrekMail will maintain access to your data for a reasonable transition period (subject to the data retention provisions in our Privacy Policy) to allow you to complete your migration to an alternative provider.
• Functional Equivalence: Data exported via the mechanisms described above is provided in formats that preserve functional equivalence, enabling you to use the exported data with other services that support the same standard protocols.

8. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND.

TREKGUIDER INC. HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

DELIVERABILITY: Email deliverability depends on factors outside our control (recipient servers, content reputation). We do not guarantee inbox placement.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL TREKGUIDER INC. BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL) ARISING OUT OF OR RELATED TO THE SERVICES.

CAP ON LIABILITY: IN NO EVENT SHALL TREKGUIDER INC.'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT OF FIFTY U.S. DOLLARS ($50.00) OR THE AMOUNT YOU PAID US IN THE LAST TWELVE (12) MONTHS, WHICHEVER IS GREATER.

10. Indemnification

You agree to indemnify, defend, and hold harmless TrekGuider Inc. and its officers, directors, and employees from any claim, demand, loss, or damages (including reasonable attorneys' fees) arising out of:

1. Your use of the Services;
2. Your Customer Content;
3. Your violation of these Terms or applicable law.

11. Termination

We may terminate or suspend your access immediately, without prior notice or liability, for any reason, including breach of Terms. Upon termination, your right to use the Service ceases. We may delete your data in accordance with our Privacy Policy.

12. Sanctions and Export Control

You represent and warrant that you are not located in, under the control of, or a national or resident of any country or territory subject to comprehensive United States sanctions administered by the Office of Foreign Assets Control (OFAC), including but not limited to Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, and Luhansk regions of Ukraine. You further represent and warrant that you are not listed on the U.S. Treasury Department's Specially Designated Nationals and Blocked Persons (SDN) List, the U.S. Commerce Department's Denied Persons List, or any other applicable restricted party list. TrekMail reserves the right to verify compliance with applicable sanctions and export control laws and to suspend or terminate accounts that TrekMail reasonably believes are in violation of this Section.

13. Governing Law

These Terms shall be governed by the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

14. Dispute Resolution: Binding Arbitration & Class Action Waiver

14.1. Binding Arbitration

ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL BE DETERMINED BY BINDING ARBITRATION RATHER THAN IN COURT.

The arbitration shall be administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules. The location of the arbitration shall be Wilmington, Delaware.

14.2. Class Action Waiver

YOU AND TREKMAIL AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

15. Contact Information

For legal notices, support, and questions regarding these Terms, you must use the following channels. We do not provide support via telephone.

Primary Support:

Submit a ticket via the TrekMail Dashboard. This is the only channel for technical support, account inquiries, and abuse appeals.

Legal Notices (Postal Mail Only):

TrekGuider Inc.
Attn: Legal Department
1207 Delaware Ave, #2058
Wilmington, DE 19806
United States

Note: Notices sent via social media or personal email addresses of employees are not considered valid notice.

16. Links to Other Policies

• Privacy Policy: Privacy Policy
• Cookie Policy: Cookie Policy
• Security & Vulnerability Policy: Security & Vulnerability Disclosure Policy