Terms of Service

Please read these Terms of Service ("Terms") carefully before using ConvergeKit. By accessing or using our service, you agree to be bound by these Terms.

1. Acceptance of Terms

By creating an account or using ConvergeKit, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy. If you do not agree, you may not use our service.

2. Description of Service

ConvergeKit is a business operating system that provides email marketing, CRM, analytics, commerce, social media management, and related services. We reserve the right to modify, suspend, or discontinue any aspect of the service at any time.

3. Eligibility

To use ConvergeKit, you must:

• Be at least 18 years old (or the age of majority in your jurisdiction)
• Have the authority to enter into these Terms
• Not be prohibited from using our service under applicable laws
• Provide accurate and complete registration information

4. Account Registration and Security

When you create an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and update your information to keep it accurate
• Maintain the security of your account credentials
• Notify us immediately of any unauthorized access or security breach
• Accept responsibility for all activities that occur under your account

You may not share your account credentials or allow others to access your account. We are not liable for any loss or damage arising from your failure to protect your account.

5. Acceptable Use Policy

You agree not to use ConvergeKit to:

• Send spam: Unsolicited bulk emails or messages without proper consent
• Violate laws: Engage in illegal activities or violate any applicable laws or regulations
• Infringe rights: Violate intellectual property, privacy, or other rights of third parties
• Distribute malware: Transmit viruses, malware, or other harmful code
• Harass or abuse: Send threatening, abusive, or harassing content
• Mislead or deceive: Use false or misleading information
• Interfere with service: Attempt to disrupt or compromise our systems
• Scrape or harvest: Use automated means to collect data from our service

6. Anti-Spam Policy

We have zero tolerance for spam. When using ConvergeKit for email marketing, you must:

• Obtain proper consent from recipients before sending emails
• Provide a clear and easy way to unsubscribe
• Honor unsubscribe requests within 10 business days
• Include accurate sender information and subject lines
• Comply with CAN-SPAM, GDPR, CASL, and other applicable laws

Violation of this policy may result in immediate account suspension or termination.

7. Content and Data

Your Content

You retain all rights to the content you upload to ConvergeKit ("Your Content"). By uploading content, you grant us a worldwide, non-exclusive, royalty-free license to use, store, display, and transmit Your Content solely to provide our service.

You represent and warrant that you own or have the necessary rights to Your Content and that it does not violate any third-party rights or applicable laws.

Our Content

All content provided by ConvergeKit, including software, text, graphics, logos, and designs, is protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works without our express permission.

8. Payment and Billing

When you subscribe to a paid plan:

• You authorize us to charge your payment method for the applicable fees
• Subscriptions automatically renew unless cancelled before the renewal date
• All fees are non-refundable except as required by law
• We may change pricing with 30 days' notice
• You are responsible for all taxes associated with your subscription
• Failed payments may result in service suspension or termination

9. Cancellation and Termination

By You

You may cancel your subscription at any time from your account settings. Cancellation will be effective at the end of your current billing period. You will continue to have access until that date.

By Us

We may suspend or terminate your account if you:

• Violate these Terms
• Fail to pay applicable fees
• Engage in fraudulent or illegal activities
• Pose a security or legal risk

We will provide reasonable notice before termination unless immediate action is required for legal or security reasons.

10. Data Portability and Deletion

You may export your data at any time using our built-in export tools. Upon account deletion:

• Your data will be deleted within 30 days
• Some data may be retained for legal or security purposes
• Deleted data cannot be recovered

11. Intellectual Property

ConvergeKit and all related trademarks, logos, and service marks are owned by ConvergeKit, Inc. You may not use our intellectual property without prior written consent.

12. Third-Party Services

ConvergeKit integrates with third-party services (e.g., Stripe, Google Drive). Your use of these services is subject to their respective terms and conditions. We are not responsible for the actions or policies of third-party services.

13. Warranties and Disclaimers

ConvergeKit is provided "as is" and "as available" without warranties of any kind, either express or implied. We do not guarantee that:

• The service will be uninterrupted, secure, or error-free
• Results obtained from the service will be accurate or reliable
• Defects will be corrected

14. Limitation of Liability

To the maximum extent permitted by law, ConvergeKit shall not be liable for:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Service interruptions or data loss
• Actions of third parties

Our total liability shall not exceed the amount you paid us in the 12 months preceding the claim.

15. Indemnification

You agree to indemnify and hold harmless ConvergeKit from any claims, damages, losses, or expenses (including legal fees) arising from your use of the service, violation of these Terms, or infringement of any rights of third parties.

16. Dispute Resolution

Informal Resolution

Before filing a claim, please contact us at legal@convergekit.io to attempt to resolve the dispute informally.

Arbitration

Any disputes that cannot be resolved informally shall be resolved through binding arbitration in accordance with the American Arbitration Association rules. Arbitration will take place in San Francisco, California.

Class Action Waiver

You agree to resolve disputes on an individual basis and waive any right to participate in class actions or class arbitrations.

17. Governing Law

These Terms are governed by the laws of the State of California, USA, without regard to conflict of law principles.

18. Changes to Terms

We may modify these Terms at any time. We will notify you of material changes via email or through the service. Continued use of ConvergeKit after changes constitutes acceptance of the new Terms.

19. Severability

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

20. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and ConvergeKit regarding the use of our service.

Contact Information

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