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Privacy Policy
Start date:
Welcome to: https://emailpitstop.com/policies/
This Privacy Policy explains how EmailPitStop (“EmailPitStop,” “we,” “us,” or “our”) collects, uses, discloses, stores, and protects personal information when you visit our website, communicate with us, request or purchase our services, or otherwise interact with EmailPitStop (collectively, the “Services”).
We respect your privacy and are committed to processing personal information responsibly, transparently, and in accordance with applicable data protection and privacy laws.
By accessing or using our Services, you acknowledge that you have read and understood this Privacy Policy.
Definitions
“Service” means the professional email development services provided by EmailPitStop, including, where applicable, Design to HTML Email Template, Design to Outlook HTML Email Template, Design to Modular HTML Email Template, Design to HTML Email Signature Template, Email Template Audit & Fix, and related email development, testing, troubleshooting, optimization, ESP preparation, and other services agreed upon with the Client.
“Website” means the EmailPitStop website available at emailpitstop.com, including its pages, features, forms, and other functionality.
“User” means any individual who accesses, browses, or otherwise uses the Website.
“Client” means any individual, legal entity, company, organization, or authorized representative that requests, orders, purchases, or otherwise engages EmailPitStop to provide Services.
“Personal Data” or “Personal Information” means any information relating to an identified or identifiable individual, as defined under applicable privacy and data protection laws.
Scope of This Privacy Policy
This Privacy Policy applies to personal information processed by EmailPitStop in connection with:
- our Website and associated pages; Website and associated pages;
- inquiries, contact forms, consultations, and sales communications;
- proposals, orders, projects, and client relationships;
- email template development, coding, testing, optimization, and related professional services;
- billing and payment administration;
- customer support;
- analytics and Website performance;
- marketing communications and other interactions with EmailPitStop.
Where EmailPitStop processes Personal Data contained in Client Materials supplied by a Client solely on that Client’s instructions, EmailPitStop may act as a data processor or service provider, as applicable, while the Client remains the data controller or business responsible for determining the purposes and lawful basis of such processing.
Information We Collect
We may collect Personal Data and business information that you voluntarily provide to us when you contact us, submit an inquiry, place an order, or otherwise interact with our Services.
Depending on how you interact with us, the information we collect may include:
Contact Information: your name and email address, as well as other contact details that you choose to provide.
Company and Business Information: information about the company, agency, or organization you represent, including your business type (such as Agency, Brand, SMB, Enterprise, or Other) and other relevant business information you provide.
Project Information: details, specifications, requirements, instructions, and other information necessary for us to understand, manage, and complete your project.
Files and Design Assets: files, designs, templates, images, content, brand materials, technical specifications, and other assets that you voluntarily upload, submit, or otherwise provide in connection with a project or order.
Communications: information contained in your correspondence and communications with us, including inquiries, requests, feedback, support communications, and other messages exchanged with our team.
Billing and Transaction Information: If payments are processed through a third‑party payment provider, payment information may be collected and processed directly by that provider. EmailPitStop may receive limited billing and transaction information necessary to confirm and administer payments, such as payment status, transaction details, billing information, and related records. EmailPitStop does not receive or store full payment card details unless expressly stated otherwise.
Technical, Security and Anti‑Abuse Data: IP address, browser and device information, submission timestamps, request origin, technical identifiers, rate‑limit information, pages visited, interaction data, and other technical information reasonably used to operate, secure, protect, and troubleshoot the Website and its forms.
We collect information when you voluntarily provide it through forms on our Website, including contact and Order Now forms, when you communicate with us in connection with our Services, and automatically where necessary for Website operation, analytics, security, CDN functionality, spam prevention, rate limiting, and abuse protection.
Temporary Access to Client ESP / Email Platform
Where a Client requests Template Import or another agreed task requiring access to the Client’s ESP or email platform, the Client authorizes EmailPitStop to use temporary account access or a one‑time/2FA code solely to perform the agreed work.
Such access is limited to the applicable task and does not authorize EmailPitStop to operate or manage the Client’s account, mailing lists, or email campaigns.
How We Use Your Information
We use the information we collect for purposes related to providing, operating, and managing our Services. In particular, we may use your information to:
Provide and Deliver Our Services: to provide, operate, maintain, and improve our email template coding and related Services.
Process and Fulfill Orders: to review project requirements, process orders, perform requested Services, deliver completed work, and manage ongoing projects.
Communicate With You: to contact you regarding your inquiries, orders, projects, requested changes, project status, and other matters related to the Services you receive from us.
Provide Customer Support: to respond to questions, comments, requests, feedback, and support inquiries and to resolve issues related to our Services.
Send Service‑Related Communications: to provide important administrative, technical, operational, security, or service‑related notices concerning your projects or our Services.
Understand and Improve Our Services: to better understand our Clients’ needs, improve our workflows and service quality, and develop or enhance the Services we provide.
Protect Our Website, Forms, Business and Users: to prevent, detect, investigate, and mitigate spam, abuse, automated submissions, fraud, malicious activity, security incidents, excessive requests, and other misuse, including through CDN, rate‑limiting, website security, and anti‑abuse technologies.
Comply With Legal Obligations: to comply with applicable laws, regulations, legal processes, and lawful requests from competent authorities.
Legal Basis for Processing
Where the GDPR or other applicable data protection laws require a legal basis for processing Personal Data, we may rely on one or more of the following:
Performance of a contract or pre‑contractual steps – where processing is necessary to respond to your request, review an order, provide our Services, or perform our contractual obligations;
Legitimate interests – where processing is necessary for our legitimate business interests, such as operating and improving our Services, communicating with Clients, maintaining security, and protecting our legal rights, provided that such interests are not overridden by your rights and freedoms;
Consent – where you have provided consent for specific processing activities, including where required for non‑essential analytics cookies;
Legal obligations – where processing is necessary to comply with applicable laws or legal requirements.
Marketing Communications – where permitted by applicable law, we may process your contact information to send you marketing communications based on your consent or our legitimate interests, as applicable. You may unsubscribe from marketing communications at any time by using the unsubscribe link included in our emails or by contacting us.
Data Retention
We retain Personal Data only for as long as reasonably necessary to fulfill the purposes for which it was collected, including to provide our Services, maintain business and transaction records, resolve disputes, enforce our agreements, and comply with applicable legal, accounting, or reporting obligations.
Retention periods may vary depending on the nature of the information, the purpose for which it is processed, and applicable legal requirements.
When Personal Data is no longer required, we will take reasonable steps to delete, anonymize, or otherwise securely dispose of it, subject to applicable law.
Sharing and Protection of Personal Data
EmailPitStop does not sell users’ Personal Data.
We may disclose or share Personal Data with trusted third‑party service providers and data processors that assist us in operating the Website and providing our Services, including providers of hosting, content delivery networks (CDNs), website security and anti‑abuse protection, email, payment processing, analytics, communications, and other technical services. This may include Cloudflare where used for content delivery, website security, spam or abuse prevention, and related technical purposes. These third parties may process Personal Data only for the purposes for which it has been provided, in accordance with our instructions where applicable, and subject to applicable data protection laws and requirements.
EmailPitStop may also disclose Personal Data where we reasonably and in good faith believe that such disclosure is necessary to:
- comply with applicable laws, regulations, legal processes, or lawful requests from public authorities;
- protect and defend the rights, property, or legitimate interests of EmailPitStop;
- prevent, detect, or investigate suspected fraud, abuse, security incidents, or other unlawful or improper activity related to the Website or our services;
- protect the safety of our users, other individuals, or the public;
- or establish, exercise, or defend legal claims and protect against legal liability.
Where consent is required under applicable law, we will process or disclose Personal Data on the basis of the user’s consent. Where applicable, users may withdraw their consent in accordance with applicable law.
We implement appropriate technical and organizational measures designed to protect Personal Data against accidental or unlawful destruction, loss, alteration, unauthorized disclosure, or unauthorized access. However, no method of transmission over the Internet or method of electronic storage is completely secure, and we cannot guarantee the absolute security of Personal Data.
International Data Transfers
Personal Data may be processed or stored outside the country in which the Client or data subject is located. Where Personal Data is transferred internationally, appropriate safeguards will be applied in accordance with applicable data protection laws. Depending on the circumstances, such safeguards may include Standard Contractual Clauses (SCCs) or other legally recognized transfer mechanisms, where applicable.
Cookies, Analytics and Usage Data
When you visit our Website, certain technical and usage information may be collected automatically, including your IP address, browser type, device information, pages visited, date and time of your visit, and information about your interactions with the Website.
We use Google Analytics to understand how visitors use our Website, analyze Website traffic and performance, and improve our Services and user experience.
Google Analytics may use cookies and similar technologies to collect usage information. Where required by applicable law, non‑essential analytics cookies will be used only after you provide your consent. You may accept, reject, or manage such cookies through the cookie consent settings available on our Website.
You may also restrict or disable cookies through your browser settings; however, certain Website functionality may be affected.
Your Data Protection Rights Under General Data Protection Regulation (GDPR)
If the General Data Protection Regulation (GDPR) or other applicable data protection laws apply to the processing of your Personal Data, you may have certain rights in relation to your Personal Data, subject to the conditions and limitations provided by applicable law.
These rights may include:
Right of Access – the right to request information about the Personal Data we process about you and to obtain a copy of that data.
Right to Rectification – the right to request correction of inaccurate or incomplete Personal Data.
Right to Erasure – the right to request deletion of your Personal Data where the applicable legal requirements are met.
Right to Restriction of Processing – the right to request that we restrict the processing of your Personal Data in certain circumstances.
Right to Data Portability – the right, where applicable, to receive Personal Data you have provided to us in a structured, commonly used, and machine‑readable format and to transmit that data to another controller.
Right to Object – the right to object to the processing of your Personal Data in certain circumstances, including where processing is based on legitimate interests. You also have the right to object at any time to the processing of your Personal Data for direct marketing purposes.
Right to Withdraw Consent – where processing is based on your consent, the right to withdraw that consent at any time. Withdrawal of consent does not affect the lawfulness of processing carried out before the withdrawal.
Right to Lodge a Complaint – the right to lodge a complaint with a competent data protection supervisory authority if you believe that the processing of your Personal Data violates applicable data protection laws.
To exercise any of these rights, you may contact EmailPitStop using the contact details provided in this Privacy Policy. We may request reasonable information necessary to verify your identity before processing your request.
We will respond to valid requests within the time period required by applicable law. Where the GDPR applies, we will generally respond without undue delay and within one month of receiving the request, subject to any extensions permitted by applicable law.
Independent Email Designers
The Website may feature or recommend independent email designers. These designers are independent third parties and are not employees, agents, or members of the EmailPitStop team.
Unless expressly stated otherwise, a Client who engages an independent designer contracts and deals directly with that designer, and EmailPitStop is not responsible for the designer’s services, acts, omissions, pricing, deliverables, or contractual obligations.
A designer’s work or design concepts may appear on the designer’s profile page or in demo cards elsewhere on the Website where EmailPitStop has permission to display them.
Any Personal Data processed by an independent designer is subject to that designer’s own privacy practices, and the designer is independently responsible for complying with applicable data protection and privacy laws.
Links to Other Websites
The EmailPitStop Website may contain links to third‑party websites that are not operated or controlled by EmailPitStop. EmailPitStop is not responsible for the content, privacy policies, or practices of any third‑party websites or services. We encourage you to review the privacy policy of each third‑party website you visit.
Children’s Privacy
EmailPitStop does not knowingly collect Personal Data from children under the age of 16. If we become aware that Personal Data has been collected from a child under 16 without appropriate authorization or consent where required by applicable law, we will take reasonable steps to delete such information.
Changes to This Privacy Policy
EmailPitStop may update this Privacy Policy from time to time to reflect changes in our practices, Services, or applicable legal requirements.
Any changes will be posted on this page and will become effective when published, unless otherwise stated. Where required by applicable law, EmailPitStop will provide additional notice of material changes.
Terms of Service
Start date:
These Terms of Service (“Terms”) govern the use of the EmailPitStop website and the email template development and related services provided through EmailPitStop (“EmailPitStop,” “we,” “us,” or “our”).
Acceptance of Terms
By accessing or using the Site, submitting an order, or otherwise using our Services, you acknowledge that you have read and understood these Terms and our Privacy Policy and agree to be bound by these Terms.
If you do not agree with these Terms, you should not use the Site or our Services.
If you use the Services on behalf of a company, agency, brand, or other organization, you represent and warrant that you have the authority to accept these Terms on behalf of that entity.
The Services are intended for business and professional purposes and are not directed to children under the age of 16.
Our Services
EmailPitStop’s principal Services are:
- Design to HTML Email Template
- Design to Outlook HTML Email Template
- Design to Modular HTML Email Template
- Design to HTML Email Signature Template
- Email Template Audit & Fix
The specific scope, features, additional options, technical requirements, pricing, testing scope, and deliverables for each project are determined by the Client’s order and the project requirements agreed between the Client and EmailPitStop.
ESP‑Related Services
ESP optimization, preparation, or Template Import means adapting the HTML email template for use within the applicable ESP or email platform and, where requested, performing a one‑time import of the completed template into that platform.
These Services do not mean that EmailPitStop operates or manages the Client’s ESP account, email campaigns, mailing lists, consent management, deliverability, sender authentication, or other sender‑side infrastructure, unless such services are separately agreed in writing.
Acceptable Use and Client Obligations
The Client agrees to use the EmailPitStop Website and Services only for lawful purposes and in accordance with these Terms and applicable laws.
The Client shall not, directly or indirectly:
- use the Website or Services for any unlawful, fraudulent, abusive, or unauthorized purpose;
- submit any material that is unlawful, fraudulent, defamatory, threatening, harmful, malicious, or otherwise prohibited by applicable law;
- upload, transmit, or distribute viruses, malware, malicious code, corrupted files, or other technology intended to damage, disrupt, interfere with, or compromise the Website, Services, systems, or data;
- attempt to gain unauthorized access to the Website, its servers, systems, networks, project files, Client information, or other restricted areas;
- interfere with or disrupt the operation, security, integrity, or performance of the Website or Services;
- impersonate another person or organization, misrepresent their identity or authority, or provide materially false or misleading information;
- copy, reproduce, distribute, sell, license, or otherwise commercially exploit proprietary content or materials available on the EmailPitStop Website without our prior written permission, except as permitted by applicable law;
- or assist or encourage any third party to engage in any activity prohibited by these Terms.
The Client is responsible for ensuring that its use of the Services and subsequent use or distribution of the completed deliverables comply with applicable laws and regulations.
EmailPitStop reserves the right to refuse, suspend, or discontinue any order or Service where we reasonably believe that the Client’s request or intended use violates these Terms or applicable law.
Client Materials and Intellectual Property Rights
The Client retains all intellectual property rights in the designs, images, text, trademarks, logos, brand materials, files, and other content provided to EmailPitStop in connection with an order (“Client Materials”).
The Client represents and warrants that it owns or has obtained all rights, licenses, permissions, and authorizations necessary to provide the Client Materials to EmailPitStop and to permit their use in connection with the applicable project.
By providing Client Materials, the Client grants EmailPitStop a limited, non‑exclusive right to use, reproduce, modify, process, and otherwise handle such materials solely as reasonably necessary to perform the Services and complete the applicable order.
The Client is responsible for any third‑party claims arising from Client Materials provided without the necessary rights, licenses, permissions, or authorizations.
Nothing in these Terms transfers ownership of the Client Materials to EmailPitStop.
Order Process, Approval, Review, Payment and Acceptance
Order and Scope Review
The Client may submit an order through the applicable Order Now page and provide the design, project information, selected Service, and additional options. Any price displayed in the Order Summary is based on the information and options selected by the Client and remains subject to EmailPitStop’s review.
EmailPitStop reviews the design, selected options, requirements, scope, and complexity. If the selected options, price, or turnaround do not match the actual scope or complexity, EmailPitStop may propose revised options, pricing, and/or timing before development begins. Designs materially exceeding the standard scope may be priced above the standard price, including, where appropriate, up to 2x the standard price.
No revised price, scope, or timing applies unless agreed with the Client. If the Client does not agree, the Client may cancel the order without obligation.
Approval to Begin Development
Development does not begin merely because an Order Now form has been submitted. Work begins only after EmailPitStop has reviewed the design and project details, confirmed the scope, and received the Client’s approval to move into production.
Development and Testing
After approval to begin, EmailPitStop develops and tests the requested deliverable in accordance with the agreed scope. Testing may use third‑party services, including Testi.at, to demonstrate rendering in selected email clients, devices, or environments. Testing and review do not constitute a guarantee of identical rendering in every current or future email environment.
Client Review and Approval
After development and testing, EmailPitStop provides the Client with a review demonstration before payment and before delivery of the final project files. The review may include selected rendering tests generated through Testi.at or another testing service. The Client should review the result and either approve it or report issues within the agreed scope.
Unless otherwise agreed for a particular project, if the Client does not respond within 7 calendar days after the review is made available, EmailPitStop may place the order on hold. The project timeline is paused while the order is on hold, and any later resumption may be subject to updated scheduling based on availability.
Payment / Non‑Payment
Once the Client approves the completed work, payment becomes due. Unless otherwise stated on the invoice or agreed in writing, payment must be made within 7 calendar days from the date the invoice or payment request is issued.
Final deliverables will be provided only after full payment has been received. Until full payment is received, the Client may review the completed work but may not use, reproduce, publish, distribute, deploy, modify, or otherwise exploit any unpaid work or deliverables.
If payment is not received within the applicable payment period, EmailPitStop may place the order on hold. While the order is on hold, EmailPitStop is not required to provide final files, perform additional work, make further changes, or reserve production capacity for the project.
If payment remains outstanding for more than 30 calendar days after the payment due date, EmailPitStop may close the order. Closing an order does not grant the Client any right to receive or use unpaid work or deliverables.
If the Client later requests that a closed project be resumed, EmailPitStop may review the project again and propose updated pricing, scope, payment terms, and turnaround based on the circumstances and availability at that time. Work will resume only after the Client accepts the updated terms.
If a Client has a history of late payment or non‑payment, EmailPitStop reserves the right to require full or partial advance payment and/or apply different pricing and payment terms to future orders. Any such conditions will be communicated to and agreed with the Client before work begins.
For recurring Clients, EmailPitStop may offer consolidated monthly billing or other payment arrangements. Any applicable billing cycle, payment deadline, or other payment terms may be agreed separately in writing.
Final Deliverables
Final project files and deliverables are provided only after full payment has been received. Depending on the order, deliverables may include the completed HTML file and related images or other agreed assets.
Acceptance
The acceptance period begins when the Client receives the final deliverables. The work is considered accepted when the Client expressly confirms acceptance or when 7 calendar days have passed after delivery without the Client reporting an error or nonconformity within the agreed scope.
Delivery and Turnaround
Available turnaround options may include 3 Business Days, 1 Business Day, and ASAP Delivery. The selected turnaround begins only after EmailPitStop has reviewed the design and project details, confirmed the scope, and received the Client’s approval to begin development.
A “Business Day” means Monday through Friday, excluding applicable public holidays observed by EmailPitStop. EmailPitStop operates on a Monday‑to‑Friday business schedule based in Europe. If approval to begin development is received outside EmailPitStop’s normal business hours, on a weekend, or on an applicable public holiday, the turnaround begins on the next Business Day.
ASAP Delivery is subject to prior availability confirmation. Any specific ASAP delivery estimate, including any delivery window displayed on the Website, becomes applicable only after EmailPitStop reviews the project and confirms the turnaround in writing.
Delivery estimates may be extended where requirements are incomplete or unclear, additional information is required, the scope changes, or the Client delays materials, feedback, approval, or other information necessary to perform the Services.
Promotions and First Order Discount
Where advertised on the Website, a 50% first‑order discount may be available for a Client’s first HTML Email Template or Outlook HTML Email Template order. A “first‑time Client” means a Client that has not previously purchased a qualifying Service from EmailPitStop, including through the same individual, business, organization, or account acting substantially for the same customer or business purpose.
The 50% first‑order discount applies to the entire configuration selected on the applicable HTML Email Template or Outlook HTML Email Template Order Now page, including all add‑on options selected as part of that qualifying order. The discount does not apply to separate or unrelated Services or work not included in that Order Now configuration unless expressly stated otherwise.
Selecting the discount on the Order Now page does not constitute final approval of the promotion. EmailPitStop will confirm eligibility after reviewing the order, design, Client history, and selected options.
EmailPitStop may decline or withdraw the discount where the order is not eligible, is a repeat order, duplicates a prior Client or business, involves misuse or attempted circumvention of the promotion, or otherwise does not satisfy the stated promotional conditions.
Fixes and Changes
During the 7‑calendar‑day acceptance period, EmailPitStop will correct, without additional charge, reproducible errors or nonconformities that cause the delivered work not to match the agreed design, requirements, or project scope.
Free fixes do not include issues caused by modifications to the files by the Client or a third party after delivery, changes to Client Materials or requirements, new blocks or functionality, additional options, changes in scope, or issues caused by subsequent changes to third‑party email clients, platforms, software, or technologies.
Requests outside the agreed scope are treated as changes or additional work. Any additional price and turnaround will be agreed with the Client before such work begins.
Cancellations and Refunds
Because EmailPitStop generally does not require advance payment, the Client may cancel an order before payment. In such case, no refund will be due because no payment has been collected.
If an order is cancelled after work has commenced but before payment, EmailPitStop will not be required to provide any completed or partially completed HTML code, project files, previews, assets, or other deliverables. The Client may not use, reproduce, publish, distribute, deploy, or otherwise exploit any unpaid work created by EmailPitStop.
If the Client identifies an issue with the final deliverables after payment, the Client should contact EmailPitStop and provide reasonable details of the issue. Where the issue relates to the agreed project requirements, EmailPitStop will first make reasonable efforts to correct or revise the affected deliverables.
If a material issue within the agreed project scope cannot reasonably be resolved after EmailPitStop has had a reasonable opportunity to correct or revise the affected deliverables, EmailPitStop may provide a full refund of the amount paid for the affected order, subject to applicable law.
If a full refund is issued, all rights granted to the Client in connection with the affected deliverables will immediately and automatically terminate upon receipt of the refund. The Client must immediately cease all use, reproduction, publication, distribution, deployment, modification, transfer, or other exploitation of the refunded deliverables and must permanently delete or destroy all copies in the Client’s possession or control.
Following a full refund, the Client will have no ownership, license, or other right to use or retain the refunded deliverables, in whole or in part. No ownership or usage rights in the refunded deliverables are transferred to the Client as a result of the refund.
Any Client Materials originally provided by the Client remain the sole property of the Client and are not affected by the refund.
Final Deliverables and Intellectual Property
Upon full payment for the applicable order, the Client may use, modify, reproduce, distribute, transfer, and otherwise exploit the final deliverables created specifically for the Client for the Client’s business purposes, including, where the Client is an agency, transferring the final deliverables to its own client.
Any third‑party materials, software, or other components included in the final deliverables remain subject to any applicable third‑party rights or licenses.
No rights in unpaid work transfer to the Client.
If a full refund is issued for an order, the Client’s rights to the refunded deliverables terminate as described in the Cancellations and Refunds section.
White‑Label Services for Agencies
An agency may order Services from EmailPitStop for the agency’s own clients and may provide the final paid deliverables to those clients under the agency’s own brand.
Unless the agency authorizes otherwise, EmailPitStop will not contact the agency’s client directly in connection with the project and will not publicly identify the agency’s client or publish Client Materials or work performed for that client.
For white‑label projects, final deliverables will not contain EmailPitStop branding or development credits unless the agency and EmailPitStop agree otherwise in writing.
Confidentiality and NDA
EmailPitStop will treat non‑public Client information, including project details, designs, templates, business information, and other confidential materials, as confidential and will use such information only as reasonably necessary to provide the Services.
EmailPitStop will not disclose confidential information to third parties except where necessary to provide the Services, authorized by the Client, or required by applicable law. These obligations do not apply to information that is publicly available through no breach of these Terms, lawfully known to EmailPitStop, or lawfully obtained from a third party without a confidentiality obligation.
EmailPitStop will not publish the Client’s name, Client Materials, or work created for the Client in a portfolio, marketing, promotional materials, case studies, social media, or similar public use without the Client’s permission. This restriction also applies to agency clients in white‑label projects.
Where necessary, EmailPitStop and the Client may enter into a separate non‑disclosure agreement (NDA).
Independent Email Designers
The Website may feature or recommend independent email designers. These designers are independent third parties and are not employees, agents, or representatives of EmailPitStop.
EmailPitStop is not a party to any agreement between a Client and an independent email designer and is not responsible for the designer’s services, pricing, deliverables, results, acts, omissions, or contractual obligations.
Unless expressly stated otherwise, EmailPitStop does not accept or process payments on behalf of independent email designers. Any engagement with an independent email designer is made directly between the Client and the designer.
AI Tools Usage
EmailPitStop may use AI‑assisted tools for limited supporting tasks such as development assistance, code review, research, or optimization. Such tools are used with human oversight and do not replace EmailPitStop’s responsibility for the Services and final deliverables.
EmailPitStop will not intentionally submit confidential Client Materials, Personal Data, credentials, or other sensitive Client information to third‑party AI tools unless appropriate privacy and data protection safeguards are in place or the Client has authorized such use.
A Client may request reasonable restrictions on the use of AI‑assisted tools for a particular project before development begins. If such restrictions materially affect the scope, timing, or cost of the Services, EmailPitStop will inform the Client before work begins.
Disclaimer of Warranties
EmailPitStop will perform the Services with reasonable professional care and in accordance with the project requirements agreed with the Client.
To the maximum extent permitted by applicable law, the website is provided on an “as is” and “as available” basis. EmailPitStop does not warrant that the website will always be available, uninterrupted, secure, or error‑free.
EmailPitStop will take reasonable steps to develop and test email templates within the testing scope agreed for the applicable order. However, due to differences and changes in email clients, devices, operating systems, applications, platforms, and software versions, EmailPitStop does not warrant that a completed email template will render identically or function without limitation in every email environment.
Limitation of Liability
To the maximum extent permitted by applicable law, EmailPitStop shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including any loss of profits, revenue, business opportunities, goodwill, or data arising out of or relating to the website, Services, or any order.
EmailPitStop shall not be responsible for any delay, interruption, failure, error, or other issue caused by circumstances outside our reasonable control, including failures or changes involving hosting providers, internet service providers, email service providers, email clients, third‑party platforms, testing services, or other third‑party technologies.
EmailPitStop shall not be liable for claims arising from designs, images, text, trademarks, logos, files, or other materials provided by the Client where the Client does not have the necessary rights, licenses, permissions, or authorizations to use or provide such materials.
The Client is responsible for the content included in the completed email template and for ensuring that the Client’s subsequent use, distribution, sending, marketing activities, and campaigns comply with applicable laws, regulations, and third‑party rights.
Email rendering and functionality depend on third‑party email clients, devices, operating systems, applications, platforms, and software versions that are outside EmailPitStop’s control. Accordingly, EmailPitStop cannot guarantee identical appearance or functionality across every existing or future email environment and shall not be responsible for rendering or functionality issues caused by subsequent changes to third‑party technologies.
To the maximum extent permitted by applicable law, EmailPitStop’s total aggregate liability arising out of or relating to any particular order shall not exceed the amount actually paid by the Client to EmailPitStop for that order.
Nothing in these Terms excludes or limits any liability that cannot lawfully be excluded or limited under applicable law.
Indemnification
To the extent permitted by applicable law, the Client agrees to defend, indemnify, and hold harmless EmailPitStop and its owners, officers, employees, contractors, and agents from and against any third‑party claims, liabilities, damages, losses, costs, and reasonable legal expenses arising out of or relating to:
- the Client’s breach of these Terms;
- any Client Materials provided to EmailPitStop, including any allegation that such materials infringe or violate the intellectual property, privacy, confidentiality, or other rights of a third party;
- the Client’s unlawful or unauthorized use of the website, Services, or final deliverables;
- or the Client’s use, distribution, sending, publication, or modification of the final deliverables in violation of applicable law or third‑party rights.
This indemnification obligation applies only to the extent that the applicable claim, loss, or liability results from the Client’s acts, omissions, materials, or breach of these Terms.
Termination
EmailPitStop may refuse, suspend, or terminate access to the website or Services, or discontinue work on an order, if the Client breaches these Terms, fails to provide information reasonably required to perform the Services, engages in unlawful or abusive conduct, infringes third‑party rights, or otherwise uses the website or Services in a manner that may cause harm to EmailPitStop, its systems, reputation, or other parties.
Where reasonably practicable, EmailPitStop may provide notice before suspending or terminating the Services. However, we may take immediate action where reasonably necessary to address unlawful activity, security risks, fraud, abuse, material breaches of these Terms, or other circumstances requiring prompt action.
Termination or suspension does not affect any rights, obligations, or liabilities that arose before the effective date of termination.
Any provisions of these Terms that by their nature are intended to survive termination shall remain in effect, including provisions relating to intellectual property rights, payment obligations, disclaimers of warranties, limitations of liability, and other provisions that are intended to continue after termination.
Changes to These Terms
EmailPitStop may update these Terms from time to time to reflect changes in the Services, business practices, or applicable legal requirements. The updated Terms will be posted on the Website and will become effective when published unless a later effective date is stated.
Changes will not retroactively alter an already agreed project scope, price, or rights and obligations accrued before the effective date, unless the parties agree otherwise or applicable law requires it.
Entire Agreement
These Terms, together with the applicable order details and any additional written terms expressly agreed between EmailPitStop and the Client, constitute the entire agreement between the parties concerning the applicable Services.
Our processing of Personal Data is separately governed by our Privacy Policy.
Contact Us
If you have any questions about this Privacy Policy or Terms of Service, please contact us:
Email: [email protected]
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