These Terms of Service (the "Terms") form a binding agreement between BEINCART LLC, a limited liability company organised under the laws of the State of Wyoming, United States, with its registered office at 30 N Gould St Ste N Sheridan, WY, 82801 ("SMTPCart", "we", "us" or "our"), and the individual or entity that orders or uses the Services ("Customer", "you" or "your"). SMTPCart and Customer are each a "Party" and together the "Parties".
In these Terms:
2.1 By submitting an Order, creating an account, or accessing or using the Services in any manner, you accept these Terms. If you do not accept them, you must not use the Services.
2.2 If you enter into these Terms on behalf of a company or other legal entity, you represent that you have authority to bind that entity, and "Customer" refers to that entity.
2.3 These Terms incorporate by reference the AUP, the Anti-Abuse Policy and the Privacy Policy published on our website. In the event of a conflict, the following order of precedence applies: (a) the AUP and Anti-Abuse Policy in respect of permitted use; (b) an executed Order; (c) these Terms; (d) all other published policies.
2.4 The Services are business services offered to commercial customers. They are not directed at consumers or at individuals under the age of eighteen.
3.1 You must provide accurate, current and complete information when registering and keep it updated. Sending infrastructure is subject to identity and anti-abuse verification, and we may refuse or revoke an account where information supplied is false, incomplete or unverifiable.
3.2 We may require additional verification before provisioning, including proof of business identity, ownership of sending domains, evidence of consent practices, and a description of the intended mail streams. Provisioning is not complete until verification is satisfied.
3.3 You are responsible for all activity under your account and for maintaining the confidentiality of credentials, API keys and SMTP authentication details. You must notify us immediately at [email protected] on becoming aware of any unauthorised access.
3.4 We may decline to provide the Services to any applicant at our discretion, including where the intended use presents an unacceptable risk to our infrastructure or to the reputation of our IP ranges.
4.1 SMTPCart provides managed email delivery infrastructure. Subject to these Terms and payment of the applicable fees, we grant Customer a non-exclusive, non-transferable, revocable right to use the Services during the Term for Customer's own business purposes.
4.2 The specific configuration of the Services — including sending volume allowance, degree of infrastructure isolation, IP allocation, geographic routing, warm-up strategy and management scope — is as set out in the applicable Order.
4.3 IP addresses allocated to a Sending Environment are licensed for use during the Term and remain the property of SMTPCart or its upstream providers. Customer acquires no ownership, portability right or reassignment right in respect of any IP address, and IP addresses may be changed where necessary for operational, security or reputation reasons.
4.4 We may modify, enhance or discontinue features of the Services. Where a change materially reduces core functionality, we will give reasonable prior notice, and Customer's exclusive remedy is termination under clause 7.4.
4.5 Unless expressly stated in an Order, the Services do not include email marketing software, list management, template design, content creation, or legal compliance review of Customer Content.
5.1 We will provide the Services with reasonable skill and care and in accordance with generally accepted industry practice for managed email infrastructure.
5.2 Availability commitments, if any, are set out in the service level agreement at acceptable use policy or in the applicable Order. Where no service level agreement applies, the Services are provided on a commercially reasonable efforts basis.
5.3 Support is provided through SMTPCart Dashboard or [email protected] during the hours stated in the Order.
5.4 No deliverability guarantee. Customer acknowledges that inbox placement is determined by third-party mailbox providers applying filtering criteria that are proprietary, changeable and outside our control. SMTPCart manages infrastructure, IP reputation and sending configuration, but does not and cannot guarantee that any message will be delivered, accepted, or placed in any particular folder. Deliverability depends substantially on factors controlled by Customer, including list acquisition practices, consent, content, sending cadence and recipient engagement.
5.5 Scheduled maintenance will be notified in advance where reasonably practicable. Emergency maintenance may be performed without notice where required to preserve security, stability or IP reputation.
5.6 We may apply rate limits, throttling, queueing and per-provider pacing to protect the integrity of our infrastructure and the reputation of shared or adjacent IP ranges. Such measures are a normal part of managed delivery and do not constitute a failure of the Services.
6.1 Fees are as stated in the applicable Order. Pricing is quoted individually based on factors including sending volume and traffic pattern, degree of infrastructure isolation, warm-up and reputation safeguards, compliance and monitoring scope, and geographic routing.
6.2 Unless the Order states otherwise, fees are payable in advance for each billing period, and the Services are provisioned only upon receipt of cleared payment.
6.3 All fees are non-refundable. Provisioning a Sending Environment commits infrastructure, IP allocation and warm-up capacity that cannot be recovered or resold. Customer may cancel with effect from the end of the then-current Term in accordance with clause 7.2, but no refund, credit or rebate is given for unused time, unused volume, early cancellation, suspension or termination for cause.
6.4 Volume allowances are as stated in the Order. Usage in excess of the allowance may be charged at the overage rate stated in the Order, or may be throttled, at our option.
6.5 Invoices are due on the date stated. Overdue amounts may accrue interest or the maximum permitted by Wyoming law, whichever is lower, and we may suspend the Services while any undisputed amount remains unpaid.
6.6 All fees are exclusive of taxes. Customer is responsible for all sales, use, VAT, GST, withholding and similar taxes, other than taxes on our net income.
6.7 Customer must raise any billing dispute in good faith within thirty (30) days of the invoice date by writing to [email protected]. Amounts not disputed within that period are deemed accepted.
6.8 We may revise pricing with effect from the start of any renewal Term on not less than thirty (30) days' notice.
6.9 Chargebacks or payment reversals initiated without first raising a dispute under clause 6.7 are a material breach, and we may suspend the Services immediately and recover any associated fees and costs.
7.1 These Terms commence on the earlier of account creation or first provisioning, and continue for the term stated in the Order (the "Term").
7.2 Unless the Order states otherwise, the Term renews automatically for successive periods of equal length. Either Party may prevent renewal by giving written notice not less than 7 days before the end of the then-current Term.
7.3 We may suspend or terminate the Services immediately, without notice and without refund, in the circumstances set out in clause 8.5.
7.4 Either Party may terminate for material breach if the breach remains uncured thirty (30) days after written notice describing it. This cure period does not apply to breaches of clause 8 (Acceptable Use), which are governed by clause 8.5.
7.5 Either Party may terminate immediately if the other becomes insolvent, enters liquidation or administration, or makes an assignment for the benefit of creditors.
7.6 On expiry or termination: (a) all rights to use the Services and allocated IP addresses cease immediately; (b) all accrued fees become immediately due; (c) we will, on written request made within thirty (30) days, make available for export any Customer Content then held, after which it may be deleted; and (d) clauses 9, 10, 12, 13, 14, 15, 16, 17, 18, 19 and 21 survive.
8.1 Customer must comply at all times with the AUP, the Anti-Abuse Policy, and all applicable law relating to electronic messaging, including the CAN-SPAM Act (United States), the General Data Protection Regulation and ePrivacy rules (European Union and United Kingdom), and Canada's Anti-Spam Legislation, in each case as they apply to Customer's recipients.
8.2 Consent. Customer may transmit messages only to recipients from whom it holds a lawful and demonstrable basis to send. Customer must retain records evidencing consent, including the source, timestamp and form wording, and must produce them within five (5) business days of our written request.
Customer must not use the Services to send, transmit, facilitate or store:
Customer must maintain list hygiene consistent with industry standards and must, without limitation:
Because a single abusive sender can damage IP ranges shared with or adjacent to other customers, we may suspend or terminate the Services immediately, without prior notice and without refund, where we determine in good faith that Customer has breached this clause 8, or where Customer's traffic is generating Abuse Events, blocklist listings or complaint rates that threaten the integrity or reputation of our infrastructure.
Enforcement measures may include throttling, blocking specific mail streams, quarantining queued messages, suspending the account, reallocating or withdrawing IP addresses, and terminating these Terms. We are not liable for any loss arising from enforcement action taken in good faith under this clause.
8.6 Customer must designate a contact who will respond to abuse notifications within twenty-four (24) hours. Abuse reports concerning the Services may be sent to [email protected].
8.7 We may, but are not obliged to, monitor traffic patterns, complaint rates, bounce rates and metadata for the purpose of protecting infrastructure and detecting abuse. We do not routinely inspect message content, and nothing in this clause obliges us to do so.
9.1 As between the Parties, Customer retains all right, title and interest in Customer Content. Customer grants us a limited, non-exclusive licence to host, transmit, process and store Customer Content solely to provide the Services and to comply with law.
9.2 Customer is solely responsible for Customer Content, for the lawfulness of its collection, and for ensuring it has all rights and consents necessary for us to process it.
9.3 Where we process personal data on Customer's behalf, we do so as a processor acting on Customer's documented instructions, in accordance with our Privacy Policy and any data processing addendum executed between the Parties. Customer is the controller in respect of recipient data.
9.4 Message content is retained only as long as necessary for transmission, queueing and troubleshooting. Delivery logs and metadata may be retained for a longer period for security, abuse-prevention, billing and legal-compliance purposes.
9.5 We may disclose Customer Content or account information where required by law, court order, or lawful request by a public authority, or where reasonably necessary to investigate an Abuse Event, protect our infrastructure, or respond to a blocklist operator or mailbox provider.
10.1 We maintain administrative, technical and physical safeguards designed to protect the Services against unauthorised access, consistent with generally accepted industry practice. We support TLS on SMTP connections and require authenticated relay.
10.2 Customer is responsible for the security of its own systems, credentials and sending applications. A substantial proportion of abuse incidents originate from compromised customer credentials rather than from the provider's infrastructure.
10.3 Customer must notify us without undue delay, and in any event within twenty-four (24) hours, upon becoming aware of any compromise of its account, credentials or sending systems.
10.4 No method of transmission or storage is completely secure, and we do not warrant that the Services will be free from unauthorised access.
Customer represents and warrants on a continuing basis that: (a) it has full authority to enter into these Terms; (b) it holds a lawful basis and demonstrable consent for every recipient it mails; (c) Customer Content does not infringe any third-party right and does not violate any applicable law; (d) it will not use the Services in breach of clause 8; and (e) all information supplied to us, including identity, domain ownership and intended use, is true and complete.
12.1 Except as expressly stated in these Terms, and to the maximum extent permitted by applicable law, the Services are provided "as is" and "as available", and SMTPCart disclaims all warranties, express, implied or statutory, including any implied warranty of merchantability, fitness for a particular purpose, title and non-infringement.
12.2 Without limiting clause 5.4, we do not warrant that: (a) any message will be delivered to, accepted by, or placed in the inbox of any recipient; (b) the Services will be uninterrupted or error-free; (c) any particular sender reputation, inbox placement rate or complaint rate will be achieved or maintained; or (d) no IP address or domain used by Customer will be listed on any blocklist.
13.1 To the maximum extent permitted by law, neither Party is liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost revenue, lost business, lost goodwill, or loss of data, however arising and whether or not the Party was advised of the possibility.
13.2 SMTPCart's total aggregate liability arising out of or in connection with these Terms, whether in contract, tort (including negligence), or otherwise, shall not exceed the total fees actually paid by Customer to SMTPCart in the three (3) months immediately preceding the event giving rise to the claim.
13.3 Nothing in these Terms excludes or limits either Party's liability for fraud, fraudulent misrepresentation, wilful misconduct, or any liability that cannot lawfully be excluded.
13.4 The limitations in this clause apply notwithstanding the failure of any limited remedy of its essential purpose, and reflect an agreed allocation of risk that is reflected in the fees.
14.1 Customer will defend, indemnify and hold harmless SMTPCart, BEINCART LLC, its affiliates, officers, employees and upstream providers from and against any claim, demand, proceeding, loss, liability, damage, fine, penalty, cost or expense (including reasonable legal fees) arising out of or relating to: (a) Customer Content; (b) Customer's breach of clause 8 or of any applicable messaging or data protection law; (c) any Abuse Event attributable to Customer; (d) any claim by an End User or third party in connection with messages sent by Customer; or (e) Customer's breach of clause 11.
14.2 Customer acknowledges that an Abuse Event may cause SMTPCart to incur costs including IP remediation, blocklist delisting, reputation recovery, provider escalation and loss of infrastructure capacity, and that such costs are recoverable under clause 14.1.
14.3 We will notify Customer promptly of any claim for which indemnity is sought, allow Customer to control the defence with counsel reasonably acceptable to us, and provide reasonable cooperation at Customer's expense. Customer may not settle any claim in a manner that imposes obligation or admits liability on our part without our prior written consent.
15.1 SMTPCart and BEINCART LLC retain all right, title and interest in the Services, including all software, infrastructure, configurations, documentation, trade marks and know-how. No rights are granted other than the limited right of use in clause 4.1.
15.2 Customer must not reverse engineer, decompile, resell, sublicense or provide the Services to any third party except as expressly permitted by an Order authorising reseller or agency use.
15.3 Where Customer is authorised to resell the Services, Customer remains fully responsible for the acts and omissions of its own end customers as if they were Customer's own, including in respect of clause 8.
15.4 Customer grants us the right to identify Customer by name and logo as a customer of SMTPCart, unless Customer notifies us in writing that it objects.
16.1 Each Party may receive information of the other that is marked confidential or would reasonably be understood to be confidential ("Confidential Information"). Each Party will protect the other's Confidential Information with at least the care it applies to its own, and will not disclose it except to personnel and advisers who need to know and are bound by equivalent obligations.
16.2 These obligations do not apply to information that is or becomes public without breach, was lawfully known before disclosure, is independently developed, or is required to be disclosed by law, provided the disclosing Party is given reasonable notice where lawful.
Neither Party is liable for failure or delay in performance caused by events beyond its reasonable control, including acts of God, war, terrorism, civil unrest, labour disputes, governmental action, epidemic, failure of utilities or telecommunications, denial-of-service attack, or the act or omission of an upstream provider or mailbox provider. Payment obligations are not excused by this clause.
18.1 We may amend these Terms from time to time. Material changes take effect thirty (30) days after we publish the revised Terms or notify Customer, whichever is earlier. Non-material changes take effect on publication.
18.2 Continued use of the Services after the effective date constitutes acceptance. If Customer does not accept a material change, its exclusive remedy is to terminate before the change takes effect, in which case clause 6.3 continues to apply to fees already paid.
18.3 Changes required by law, by an upstream provider, or to address a security or abuse risk may take effect immediately.
19.1 These Terms and any dispute arising out of or in connection with them are governed by the laws of the State of Wyoming, United States, without regard to its conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
19.2 The Parties submit to the exclusive jurisdiction of the state and federal courts located in sheridan County, Wyoming, and waive any objection to venue or forum non conveniens.
19.3 The Parties will attempt in good faith to resolve any dispute by negotiation between senior representatives for thirty (30) days before commencing proceedings. This does not prevent either Party from seeking injunctive relief at any time.
19.4 Each Party waives any right to a trial by jury and to participate in any class or representative action arising out of these Terms, to the maximum extent permitted by law.
20.1 Legal notices to SMTPCart must be sent in writing to BEINCART LLC at30 N Gould St Ste N Sheridan, WY, 82801, with a copy by email to [email protected]. Billing notices may be sent to [email protected]. Notices to Customer will be sent to the email address on the account and are deemed received on the next business day after sending.
20.2 Abuse reports and urgent operational notices may be sent to [email protected] and are deemed received on transmission.
21.1 Entire agreement. These Terms, together with the Order and the policies incorporated by clause 2.3, constitute the entire agreement between the Parties and supersede all prior discussions, proposals and representations.
21.2 Assignment. Customer may not assign or transfer these Terms without our prior written consent. We may assign these Terms to an affiliate or in connection with a merger, acquisition or sale of assets.
21.3 Severability. If any provision is held unenforceable, it will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions continue in full force.
21.4 No waiver. Failure to enforce any provision is not a waiver of the right to enforce it later.
21.5 Independent contractors. Nothing in these Terms creates a partnership, joint venture, employment or agency relationship.
21.6 No third-party beneficiaries, except that our affiliates and upstream providers may enforce clause 14.
21.7 Effective date. These Terms are effective from 09/25/2026 and replace all prior versions.
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