Terms of Service

1. Acceptance and eligibility

By creating a workspace, signing in to one, or otherwise accessing the Platform, you accept these Terms. If you accept on behalf of an organization, you represent that you are authorized to bind that organization and the term “Customer” refers to that organization. If you do not have that authority, do not use the Service.

The Service is intended for business use only. You must be at least 18 years old and legally capable of entering into a binding agreement to use the Service. The Service is not directed to children and must not be used to market to children.

2. Accounts, workspaces, and security

You are responsible for everything that happens under your account and your workspace, including the actions of every user you invite. You agree to:

• provide accurate, current information when you sign up and keep it accurate;
• keep credentials confidential, use strong unique passwords, enable available account-protection features, and not share login credentials;
• promptly revoke access for users who leave your organization or change roles;
• notify us promptly at hello@ymsmarketing.com if you suspect unauthorized access to your workspace.

We may impose reasonable technical limits (for example, rate limits, bounce-rate thresholds, complaint-rate thresholds, or per-tier caps) and may refuse or revoke access to features that you misuse.

3. Fees, plans, and billing

The Service is offered on tiered plans, including the Harbor, Anchor, and Sovereign tiers described on our pricing page. Plan features, included usage, and prices are set out on that page and may be updated as described in section 11.

• Fees are stated exclusive of taxes; you are responsible for applicable taxes other than taxes on our net income.
• Paid plans are billed in advance for the plan period you select. Except where required by law, fees are non-refundable.
• If a payment fails, we may suspend access until payment is current.
• Higher-tier plans may include additional data-handling commitments or features. Where a tier-specific commitment differs from these Terms, the tier-specific commitment controls for that Customer.

4. Sending-domain verification

Before you may send email through the Platform, you must verify the domain(s) you intend to send from by adding the DNS records we generate (SPF, DKIM, and a return-path or tracking CNAME as applicable) and passing our verification check. We may require you to re-verify a domain on an ongoing basis, including after material DNS changes, after a deliverability incident, or as a condition of access to higher-volume sending.

Sending only from verified domains is a precondition to using the sending features of the Service. We may block sends that originate from unverified domains, or whose authentication results are inconsistent with a verified domain.

5. Acceptable Use Policy

The Acceptable Use Policy (“AUP”) protects recipients, our sending reputation, and the Service. You are solely responsible for the legality, consent status, and content of every list and every message you send through the Platform.

5.1 Lists and consent

You must not use the Service to send messages to:

• purchased, rented, scraped, harvested, or otherwise non-consented recipient lists;
• recipients who have not given consent or who do not have a valid pre-existing business relationship that satisfies applicable law;
• recipients who have unsubscribed, complained, hard-bounced, or otherwise indicated they do not wish to receive your messages;
• any list assembled or appended in violation of CAN-SPAM (US), CASL (Canada), GDPR / UK GDPR / ePrivacy (EU / UK), Australia's Spam Act, or any equivalent law.

Every campaign must include a working, easy-to-use unsubscribe mechanism and accurate sender identification. The Platform provides one-click unsubscribe via the List-Unsubscribe header and a per-message unsubscribe link — you must not disable or interfere with these.

5.2 Content

You must not use the Service to send content that is:

• unlawful, fraudulent, deceptive, defamatory, infringing, obscene, harassing, or threatening;
• promoting illegal goods or services, illegal drugs, weapons, pyramid or Ponzi schemes, gambling where prohibited, or other content prohibited where the recipient is located;
• promoting high-risk regulated categories without the right to do so (for example, securities offers, financial advice, regulated health or medical claims, payday lending, adult content, cryptocurrency promotions);
• phishing, credential-harvesting, malware-bearing, or otherwise designed to mislead recipients;
• designed to evade spam filters or to misrepresent the sender, the routing, or the subject matter.

5.3 Platform abuse

You must not, and must not allow others to:

• attempt to disable, overload, or interfere with the Platform, its security, or its rate limits;
• reverse-engineer, decompile, or extract non-public components other than as permitted by law;
• scrape or mass-export data from the Platform other than data you own and that the Service exposes for export;
• use the Platform to send unsolicited transactional pretext (messages dressed as transactional in order to bypass marketing-consent rules);
• resell, repackage, or operate the Service as a sending-relay for unaffiliated third parties without our written consent.

5.4 Third-party requirements

Because the Platform sends email through Amazon Web Services (Amazon SES), your use must also comply with the AWS Acceptable Use Policy and the AWS Service Terms applicable to Amazon SES. Any breach of those terms is a breach of these Terms.

6. Customer data and controller / processor roles

As between you and us, you own and are the controller of the personal information about your contacts, leads, recipients, and other individuals that you upload, import, sync, or generate through the use of the Platform (“Customer Data”). You grant us a limited, worldwide license to host, process, transmit, display, and otherwise use Customer Data solely as necessary to provide, secure, support, and improve the Service for you, and to comply with law.

6.1 Our commitments to your data

We make four commitments to you about Customer Data:

• Encrypted in transit. All Customer Data moves between your browser, our servers, and our subprocessors over TLS-encrypted connections.
• Encrypted at rest. Sensitive contact fields and the integration credentials you connect to your workspace are stored using AES-256-GCM field-level encryption with keys held outside the application database.
• We do not sell your data. We do not sell, rent, license, or share Customer Data for cross-context behavioral advertising, and we do not use Customer Data to train our own AI models.
• We do not access your data except to operate the Service. We do not read your contact records, message content, or engagement events for any purpose other than providing, securing, supporting, and improving the Service for you, or complying with law. Operational access is limited to a small, audited group and is only used when needed (support requests, security investigation, bug fixes, or binding legal orders).

6.2 Processor role

To the extent we process Customer Data that includes personal information, we act as your processor (and, under California law, your “service provider”). Our processing instructions, security commitments, subprocessor list and change-notice commitment, and international-transfer safeguards are set out in section 6.1 above and in sections 7, 8, 9, and 12 of our Privacy Policy, and are incorporated into these Terms by reference. We do not currently offer a separate signed Data Processing Addendum; if your procurement process requires one, contact us at hello@ymsmarketing.com and we will work with you.

You represent and warrant that you have a lawful basis, all required consents, and all required notices in place to upload Customer Data into the Service and to direct us to send messages to the people in it. We may rely on your representations and on your configuration of the Service.

7. Suspension and termination

7.1 Our right to suspend

We may immediately suspend or terminate any account, workspace, user, or campaign, in whole or in part, without liability, if we determine in our reasonable discretion that:

• you have violated these Terms, including the AUP;
• your sending exhibits abnormal bounce rates, complaint rates, list quality, or other deliverability signals that threaten the Platform's reputation;
• your use creates a security risk, legal risk, or material harm to recipients, to other Customers, or to us;
• we are required to do so by law or by a binding request from a regulator, court, or upstream provider (including Amazon SES);
• your payment is overdue.

Where it is reasonable and lawful to do so, we will give notice and an opportunity to cure. We may suspend or terminate on a per-tenant basis without affecting other Customers.

7.2 Your right to terminate

You may cancel a paid plan at any time. Cancellation takes effect at the end of the then-current paid period. Except where required by law, fees already paid are not refunded.

7.3 Effect of termination

On termination, your access to the Service ends. We will retain Customer Data for a reasonable wind-down period (during which you may request an export) and then delete or anonymize it in accordance with our Privacy Policy, subject to legal-hold and to the suppression-list retention described there.

8. Disclaimers and limitation of liability

8.1 The Service is provided “as is”

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

8.2 Deliverability

Email deliverability depends on many factors outside our control, including mailbox-provider policies, recipient engagement, the reputation of your sending domain, and your list quality. We do not warrant or guarantee that any particular message will be delivered, will arrive in the inbox rather than a spam folder, or will be opened.

8.3 Liability cap

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE FEES YOU ACTUALLY PAID US FOR THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US$100). IN NO EVENT WILL WE BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, COVER, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST BUSINESS, LOST DATA, OR LOSS OF GOODWILL, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8.4 Carve-outs

Some jurisdictions do not allow the limitations in this section. In those jurisdictions the limitations apply to the maximum extent permitted by law. Nothing in these Terms limits liability for matters that cannot be limited by law (for example, gross negligence, willful misconduct, fraud, or death or personal injury caused by our negligence).

9. Indemnification

You will defend, indemnify, and hold harmless Triton Technical, LLC and its officers, directors, employees, and agents from and against any third-party claims, actions, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• your Customer Data, your recipient lists, and the content of messages you send;
• your use of the Service in violation of these Terms (including the AUP) or applicable law;
• your representations or commitments to your recipients; or
• your breach of your obligations as controller of Customer Data, including any failure to obtain a lawful basis or proper opt-out mechanism.

We will notify you of any claim covered by this section, and you will not settle a claim that imposes any non-monetary obligation on us without our prior written consent.

10. Intellectual property

We and our licensors retain all right, title, and interest in and to the Service, the underlying Platform software, our APIs, the YMS360 Engage name and marks, and any improvements, modifications, or feedback derived from your use. No rights are granted to you other than as expressly set out in these Terms.

You retain all right, title, and interest in and to your Customer Data, your campaigns, your templates, and your brand. The license you grant us in section 6 is limited to operating the Service for you. You may not use our name, marks, or branding without our prior written consent, except to identify us factually as your service provider.

11. Modifications to the Service and these Terms

We may add to, modify, or discontinue features of the Service over time. We will not materially reduce the core functionality of a paid tier during a prepaid term without offering a comparable alternative or a pro-rata refund of the unused portion of fees.

We may update these Terms by posting an updated version on the marketing site and changing the “Last updated” date. For material changes that affect your rights, we will give you at least thirty (30) days' advance notice by email to the workspace administrators, by an in-app notice, or both. If you do not agree to a change, your remedy is to stop using the Service before the change takes effect. Continued use after the effective date constitutes acceptance.

12. Governing law, disputes, and severability

These Terms are governed by the laws of the State of Washington, United States, excluding its conflict-of-laws rules and excluding the United Nations Convention on Contracts for the International Sale of Goods.

The parties consent to the exclusive jurisdiction and venue of the state and federal courts located in King County, Washington for any dispute arising out of or relating to these Terms or the Service, and waive any objection to that venue. Each party waives any right to a jury trial to the maximum extent permitted by law.

If any provision of these Terms is held unenforceable, the remaining provisions remain in full force, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable while preserving the parties' intent. Our failure to enforce a right or provision is not a waiver of that right or provision. These Terms, the Privacy Policy, and any order form or plan page agreed by the parties are the entire agreement between you and us with respect to the Service.

13. How to contact us

Triton Technical, LLC
530 Industry Dr, Seattle, WA 98188, United States
Phone: +1.206.453.6120
Email: hello@ymsmarketing.com
Privacy and data-rights: hello@ymsmarketing.com

See also our Privacy Policy for how we handle personal information.