Legal
Terms of Service
The terms governing your use of the DeliverSight service.
1. Who you are contracting with
DeliverSight is a trading name. The Service is provided by Aethon Systems OÜ, a private limited company registered in Estonia under registry code 17345654, trading as "DeliverSight" (referred to in these Terms as "we", "us", and "our"). Aethon Systems OÜ is the party you contract with.
Registered address: Sepapaja 6, 15551 Tallinn, Estonia. VAT number: EE102914560. Contact: [email protected].
Aethon Systems OÜ is registered for VAT in Estonia. For business customers elsewhere in the EU who supply a valid VAT number, we apply the reverse charge and do not add VAT to the invoice; your own VAT obligations then apply in your country.
2. Agreement to terms
These Terms of Service ("Terms") govern your access to and use of the DeliverSight website, applications, and services (the "Service"). By creating an account, clicking to accept, or using the Service, you agree to these Terms.
If you use the Service on behalf of an organization, you represent that you are authorized to bind that organization, and "you" refers to that organization. You must be at least 18 years old and able to form a binding contract.
Our Privacy Policy and Refund & Cancellation Policy are incorporated into these Terms by reference. To the extent we process personal data on your behalf as a processor or subprocessor, our Data Processing Agreement also forms part of these Terms and applies automatically to that processing. If you do not agree to these Terms, do not use the Service.
3. Accounts
You are responsible for safeguarding your account credentials and API keys, and for all activity that occurs under your account. You must provide accurate information and keep it up to date, and you must notify us promptly of any unauthorized use or suspected breach.
You are responsible for the acts and omissions of anyone you invite to your workspace or grant access to. We are not liable for loss arising from unauthorized use of your account that results from your failure to keep your credentials secure.
4. Subscriptions and billing
Paid plans are billed in advance on a recurring basis (monthly or yearly) through our payment processor. Fees, applicable taxes (including EU VAT where required), any trial terms, and plan limits are described at the point of purchase.
Subscriptions renew automatically at the end of each billing period at the then-current price until cancelled. By subscribing, you authorize us and our payment processor to charge your payment method for each renewal. We may change prices or plan features with prior notice; changes take effect at your next renewal.
If a payment fails, we may retry it and may suspend or downgrade paid features while the account is past due; if collection ultimately fails, the subscription may be cancelled and paid features revoked. Cancellations and refunds are governed by our Refund & Cancellation Policy.
5. Acceptable use
DeliverSight is a tool for testing and monitoring the deliverability of email you are authorized to send. You may only submit test messages for, and configure monitoring or DMARC collection on, domains and sending infrastructure that you own or are authorized to test.
You must not use the Service to: send unlawful, deceptive, abusive, or unsolicited bulk email; harvest addresses or facilitate spam; test, probe, or attack infrastructure you do not control; circumvent plan limits or rate limits; or disrupt, reverse-engineer, or gain unauthorized access to the Service. You must comply with all applicable laws, including anti-spam and data-protection laws (e.g. CAN-SPAM, GDPR, CASL).
We may investigate suspected violations and may suspend or terminate access for conduct we reasonably believe violates these Terms or exposes us or others to liability.
6. Termination
You may stop using the Service and cancel your subscription at any time. We may suspend or terminate your access, with or without notice, for breach of these Terms, non-payment, suspected abuse, or where required by law.
On termination, your right to use the Service ends and your data is deleted in accordance with our retention schedule, our Privacy Policy and, where we process personal data on your behalf, the return-and-deletion terms of our Data Processing Agreement, except where we are required to retain it or where it exists in routine backups pending deletion. Provisions that by their nature should survive termination (including billing owed, disclaimers, limitations of liability, and dispute terms) will survive.
7. Disclaimers and limitation of liability
The Service is provided "as is" and "as available" without warranties of any kind, whether express or implied, including merchantability, fitness for a particular purpose, and non-infringement. Deliverability outcomes depend on mailbox providers, sender reputation, DNS, and other factors outside our control; DeliverSight reports on and helps you improve deliverability but does not guarantee that any message will be delivered or reach the inbox.
To the maximum extent permitted by law, we will not be liable for any indirect, incidental, special, consequential, or exemplary damages, or for lost profits, revenue, data, or goodwill. Our total aggregate liability arising out of or relating to the Service will not exceed the amounts you paid us for the Service in the twelve (12) months preceding the event giving rise to the claim.
Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for death or personal injury caused by negligence, for fraud, or for any statutory rights you have as a consumer.
8. Data protection
To the extent you determine the purposes and means of processing the personal data contained in the material you submit, you are the controller and we are the processor. Where you process that data on behalf of another controller, you appoint us as your subprocessor. These roles follow the actual processing activity rather than whether you are an individual or an organisation.
Our Data Processing Agreement sets out the Art. 28 GDPR terms on which we do that, and it is incorporated into these Terms by reference — it applies automatically, with nothing to sign. If your procurement process needs a signed copy, ask and we will provide one.
How we handle the data we hold as a controller — your account, your billing records, the logs we keep to operate the Service — is described in the Privacy Policy rather than the DPA.
You are responsible for having a lawful basis to send us the material you submit for testing, which may contain the personal data of your own senders and recipients.
9. Governing law and disputes
These Terms, and any dispute arising out of or relating to them or the Service, are governed by the laws of Estonia, and the courts of Estonia have jurisdiction.
If you are a consumer, this does not deprive you of the protection of the mandatory consumer-protection law of the country where you live, and you may be able to bring proceedings there.
Before starting formal proceedings, please write to us — most disputes are billing disputes, and the refund policy resolves them faster than either of us would like a court to.
10. Changes and contact
We may update these Terms from time to time. For material changes we will provide reasonable notice (for example, by email or in-app); your continued use of the Service after changes take effect constitutes acceptance. Questions about these Terms? Contact [email protected].