Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") govern your access to and use of Nefe Mails Email API services ("Service"), operated by Nefe Tech LTD ("we", "us", or "our"). By accessing or using our Service, you agree to be bound by these Terms and our Privacy Policy.

IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICE.

2. Service Description

Nefe Mails provides email delivery API services that allow you to send transactional and marketing emails through our platform. Our Service includes:

• RESTful API for email sending
• Email template management
• Delivery tracking and analytics
• API key management
• Technical support and documentation

3. Eligibility

You must be at least 18 years old and capable of forming a binding contract to use our Service. By using the Service, you represent and warrant that:

• You are at least 18 years of age
• You have the legal authority to enter into these Terms
• Your use of the Service complies with all applicable laws and regulations
• All registration information you provide is accurate and current

4. Account Registration and Security

4.1 Account Creation

To use the Service, you must create an account by providing accurate and complete information. You agree to update your information to keep it accurate and current.

4.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials, including your password and API keys. You agree to:

• Keep your API keys secure and confidential
• Not share your account credentials with third parties
• Notify us immediately of any unauthorized access or security breach
• Accept responsibility for all activities under your account

4.3 API Keys

API keys are authentication tokens that grant access to our Service. You must protect your API keys as you would protect your password. We are not liable for any loss or damage from your failure to maintain API key security.

5. Acceptable Use Policy

5.1 Permitted Use

You may use our Service only for lawful purposes and in accordance with these Terms. You agree to use the Service only to send emails that comply with:

• CAN-SPAM Act and anti-spam regulations
• GDPR requirements for EU recipients
• Suite C11 Lake City Plaza Gudu District, Abuja, FCT, Nigeria Data Protection Regulation
• All applicable international email regulations

5.2 Prohibited Activities

You agree NOT to use the Service to:

• Send unsolicited commercial email (spam)
• Send emails containing malware, viruses, or harmful code
• Send phishing emails or engage in fraudulent activities
• Harvest or collect email addresses without consent
• Send emails containing illegal content or promoting illegal activities
• Send emails that infringe intellectual property rights
• Send emails containing hate speech, threats, or harassment
• Impersonate any person or entity or misrepresent your affiliation
• Interfere with or disrupt our Service or servers
• Attempt to gain unauthorized access to our systems
• Use the Service in any way that violates applicable laws
• Send emails without proper opt-out mechanisms
• Send emails to purchased or rented email lists

6. Email Content Requirements

6.1 Consent

You must have explicit consent from recipients before sending marketing emails. For transactional emails, you must have a legitimate business relationship with the recipient.

6.2 Unsubscribe Mechanism

All marketing emails must include a clear and functional unsubscribe mechanism. You must honor unsubscribe requests within 48 hours.

6.3 Sender Identification

All emails must clearly identify you as the sender with accurate "From" information and a valid physical postal address.

7. Data Protection and Privacy

7.1 NDPR Compliance

In compliance with the Nigeria Data Protection Regulation (NDPR), we process personal data lawfully, fairly, and transparently. You must ensure that you have legal basis for processing recipient data.

7.2 Data Controller Responsibilities

You are the data controller for all recipient data you process through our Service. You must:

• Obtain necessary consents from data subjects
• Maintain records of consent and processing activities
• Respect data subject rights (access, rectification, erasure)
• Implement appropriate security measures
• Report data breaches to us and relevant authorities

7.3 Our Role as Data Processor

We act as a data processor on your behalf. We process data only as instructed by you through our API and in accordance with our Privacy Policy. We implement appropriate technical and organizational measures to protect data.

8. Payment and Fees

8.1 Pricing

Our pricing plans are displayed on our website. We reserve the right to modify our pricing with 30 days' notice to existing customers.

8.2 Payment Terms

You agree to pay all fees according to your selected plan. Payments are due in advance unless otherwise agreed. We accept payment via credit card, bank transfer, or other approved methods.

8.3 Late Payment

If payment is not received by the due date, we may suspend or terminate your access to the Service until payment is received.

8.4 Refunds

Fees are non-refundable except as required by law or as expressly stated in these Terms. If we terminate your account for cause, no refund will be provided.

9. Service Limits and Performance

9.1 Rate Limits

Your account is subject to rate limits based on your pricing plan. Exceeding these limits may result in temporary throttling or additional charges.

9.2 Service Availability

While we strive for high availability, we do not guarantee uninterrupted access to the Service. We may perform maintenance that temporarily affects Service availability.

9.3 Email Delivery

We make reasonable efforts to deliver emails, but we cannot guarantee delivery to all recipients. Delivery may be affected by recipient server policies, spam filters, and other factors beyond our control.

10. Intellectual Property Rights

10.1 Our Rights

The Service, including all software, APIs, documentation, and content (excluding your content), is owned by us and protected by copyright, trademark, and other intellectual property laws.

10.2 Your Content

You retain all rights to the email content you send through our Service. By using the Service, you grant us a limited license to process and transmit your content as necessary to provide the Service.

10.3 Feedback

Any feedback, suggestions, or ideas you provide about the Service become our property, and we may use them without compensation or attribution.

11. Warranties and Disclaimers

11.1 Your Warranties

You warrant that:

• You have the right to use and transmit all email content
• Your use of the Service complies with all applicable laws
• Your email content does not infringe third-party rights
• You have obtained necessary consents from recipients

11.2 Service Disclaimer

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" 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.

We do not warrant that the Service will be uninterrupted, error-free, or secure, or that defects will be corrected.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

Our total liability to you for all claims arising out of or related to these Terms or the Service shall not exceed the amount you paid us in the 12 months preceding the claim, or ₦50,000 (Fifty Thousand Naira), whichever is greater.

Some jurisdictions do not allow limitations on liability, so these limitations may not apply to you.

13. Indemnification

You agree to indemnify, defend, and hold harmless Nefe Tech LTD, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with:

• Your use of the Service
• Your violation of these Terms
• Your violation of any rights of another party
• Your email content or sending practices
• Your violation of applicable laws or regulations

14. Termination

14.1 Termination by You

You may terminate your account at any time by contacting us or using the account closure feature. Termination does not relieve you of any payment obligations.

14.2 Termination by Us

We may suspend or terminate your account immediately if:

• You violate these Terms
• Your account is used for illegal activities
• You fail to pay fees when due
• Your use poses a security risk to our Service
• We are required to do so by law

14.3 Effect of Termination

Upon termination, your right to use the Service immediately ceases. We may delete your data in accordance with our data retention policies. Provisions that should survive termination will remain in effect.

15. Dispute Resolution and Governing Law

15.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of Suite C11 Lake City Plaza Gudu District, Abuja, FCT, Nigeria, without regard to its conflict of law provisions.

15.2 Dispute Resolution

In the event of any dispute arising from these Terms, the parties agree to first attempt to resolve the dispute through good faith negotiations. If negotiations fail, the dispute shall be submitted to mediation before resorting to litigation.

15.3 Jurisdiction

You agree to submit to the exclusive jurisdiction of the courts located in Suite C11 Lake City Plaza Gudu District, Abuja, FCT, Nigeria for the resolution of any disputes.

16. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by email or through the Service at least 30 days before the changes take effect.

Your continued use of the Service after the changes take effect constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Service.

17. General Provisions

17.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Service.

17.2 Severability

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

17.3 Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.

17.4 Assignment

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

17.5 Force Majeure

We shall not be liable for any failure or delay in performing our obligations due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, riots, or technical failures.

18. Contact Information

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