Terms and Conditions

Effective Date: Jan 1, 2026

Welcome to Smart Product Emails. These Terms and Conditions (“Terms”) govern your access to and use of the Smart Product Emails website (the “Website”) and our products and services (collectively, the “Services”).

By accessing or using the Website or Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Website or Services.

1. Acceptance of Terms

By accessing, browsing, or using this Website, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must immediately discontinue use of the Website.

2. Description of Service

Smart Product Emails provides:

  • A WordPress plugin (available in both free and PRO versions) that helps WooCommerce store owners create strategic marketing emails for their products
  • Product documentation, tutorials, and educational content
  • Customer support for PRO license holders
  • A website for marketing, sales, and support of our products

The free version of our plugin is hosted on WordPress.org and is subject to the GNU General Public License v2.0 or later. The PRO version is proprietary software subject to our separate License Terms.

3. User Accounts

Account Creation

  • To purchase our PRO plugin, you need to create an account on our Website
  • You must provide accurate, current, and complete information during registration
  • You are responsible for maintaining the confidentiality of your account credentials
  • You are responsible for all activities that occur under your account

Account Security

  • You must notify us immediately of any unauthorized use of your account
  • We are not liable for any loss or damage arising from your failure to protect your account information
  • We reserve the right to suspend or terminate accounts that violate these Terms

Account Termination

  • You may close your account at any time by contacting us at support@smartproductemails.com
  • We reserve the right to suspend or terminate your account if you violate these Terms
  • Upon termination, your right to access and use the Services will immediately cease

4. Purchases and Payments

Product Purchases

  • All purchases are subject to our License Terms and Refund Policy
  • Prices are listed in USD and are subject to change without notice
  • We reserve the right to refuse or cancel any order at our discretion

Payment Processing

  • Payments are processed securely through WooPayments (powered by Stripe)
  • By providing payment information, you represent that you are authorized to use that payment method
  • You agree to pay all charges incurred by you or on your behalf through the Services

Billing

  • PRO licenses are billed annually
  • You will be notified before your license renewal date
  • Renewal is not automatic unless you choose to enable auto-renewal
  • Prices for renewals may differ from initial purchase prices

Taxes

  • Prices do not include applicable taxes unless otherwise stated
  • You are responsible for paying all applicable taxes associated with your purchase
  • We will collect taxes where required by law

5. Intellectual Property Rights

Our Content

All content on this Website, including but not limited to text, graphics, logos, images, software, code, and documentation, is the property of Smart Product Emails and is protected by copyright, trademark, and other intellectual property laws.

Your Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Website for your personal or business use in accordance with these Terms.

Restrictions

You may not:

  • Copy, modify, distribute, sell, or lease any part of our Services or software
  • Reverse engineer or attempt to extract the source code of our software (except the free version, which is open source)
  • Use our content without proper attribution or permission
  • Remove any copyright or proprietary notices from our content
  • Frame or mirror any part of the Website without our prior written permission

Trademarks

“Smart Product Emails” and our logo are trademarks of Smart Product Emails. You may not use our trademarks without our prior written permission.

6. User-Generated Content

Your Content

If you post, upload, or submit any content to our Website (e.g., reviews, comments, forum posts), you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display that content in connection with operating and promoting our Services.

Content Standards

You agree not to post content that:

  • Is illegal, harmful, threatening, abusive, harassing, defamatory, or invasive of privacy
  • Infringes on intellectual property rights
  • Contains viruses, malware, or other harmful code
  • Is spam or unsolicited advertising
  • Violates any applicable laws or regulations

Content Removal

We reserve the right to remove any content that violates these Terms or is otherwise objectionable, without notice.

7. Prohibited Uses

You agree not to use the Website or Services to:

  • Violate any local, state, national, or international law
  • Infringe on the intellectual property rights of others
  • Transmit any harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable material
  • Impersonate any person or entity or misrepresent your affiliation with any person or entity
  • Interfere with or disrupt the Services or servers or networks connected to the Services
  • Attempt to gain unauthorized access to any portion of the Website or Services
  • Use any automated system (bots, scrapers, etc.) to access the Services without our permission
  • Collect or harvest any personally identifiable information from the Services
  • Use the Services for any illegal or unauthorized purpose
  • Resell or redistribute our products without authorization

Violation of these prohibited uses may result in account termination and legal action.

8. Third-Party Links and Services

Our Website may contain links to third-party websites or services that are not owned or controlled by Smart Product Emails.

  • We have no control over and assume no responsibility for the content, privacy policies, or practices of third-party websites
  • You acknowledge and agree that we are not liable for any damage or loss caused by your use of third-party websites or services
  • We recommend reviewing the terms and privacy policies of any third-party websites you visit

9. Disclaimers and Warranties

“AS IS” Basis

THE WEBSITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

No Guarantee

We do not warrant that:

  • The Services will be uninterrupted, timely, secure, or error-free
  • The results obtained from using the Services will be accurate or reliable
  • Any errors will be corrected
  • The Services will meet your specific requirements

Your Responsibility

You assume all risk associated with your use of the Website and Services.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SMART PRODUCT EMAILS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE OR SERVICES.

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities, so some of the above limitations may not apply to you.

11. Indemnification

You agree to indemnify, defend, and hold harmless Smart Product Emails, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorney’s fees, arising out of or related to:

  • Your violation of these Terms
  • Your use of the Website or Services
  • Your violation of any rights of another party
  • Your violation of any applicable laws or regulations

12. Copyright and DMCA

We respect the intellectual property rights of others. If you believe that any content on our Website infringes your copyright, please contact us at support@smartproductemails.com with the following information:

  • A description of the copyrighted work you claim has been infringed
  • The location on our Website of the allegedly infringing content
  • Your contact information (name, address, email, phone)
  • A statement that you have a good faith belief that the use is not authorized
  • A statement that the information in your notice is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner

13. Changes to Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to the Website. Your continued use of the Website or Services after changes are posted constitutes your acceptance of the modified Terms.

Material changes will be communicated via:

  • A notice on the Website
  • Email notification (if you have an account)

We encourage you to review these Terms periodically.

14. Termination

We reserve the right to suspend or terminate your access to the Website or Services at any time, with or without cause, with or without notice, effective immediately.

Upon termination:

  • Your right to use the Services will immediately cease
  • Any licenses granted to you will be revoked
  • Provisions of these Terms that by their nature should survive termination will survive (including disclaimers, limitations of liability, and indemnification)

15. Governing Law and Dispute Resolution

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to conflict of law principles.

Dispute Resolution

In the event of any dispute arising from these Terms or your use of the Services:

  1. Informal Resolution: Please contact us first at support@smartproductemails.com to attempt to resolve the dispute informally
  2. Mediation: If informal resolution fails, both parties agree to attempt mediation before pursuing litigation
  3. Arbitration: If mediation fails, disputes may be resolved through binding arbitration in accordance with the rules of the American Arbitration Association

Class Action Waiver

You agree to resolve disputes with us on an individual basis and waive your right to participate in class action lawsuits or class-wide arbitration.

16. Miscellaneous

Entire Agreement

These Terms, together with our Privacy Policy, License Terms, and Refund Policy, constitute the entire agreement between you and Smart Product Emails regarding your use of the Website and Services.

Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign our rights and obligations without restriction.

Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, or internet/telecommunications failures.

Contact Information

If you have any questions about these Terms, please contact us:

Smart Product Emails Email: support@smartproductemails.com Website: [your website URL]

17. Special Provisions for International Users

If you are accessing the Website from outside the United States:

  • You are responsible for compliance with local laws
  • Your information may be transferred to and processed in the United States
  • By using the Services, you consent to the transfer of your information to the United States

By using the Smart Product Emails website and services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.

Thank you for using Smart Product Emails!