Terms of service

1. Who you are agreeing with

5dayemail.com is operated from the Netherlands. "We" and "us" below mean the operator of 5dayemail.com; "you" means the person holding a creator account.

2. What the service is

You write a course of between five and ten emails, publish it, and we host an opt-in page for it and deliver one email a day to each person who confirms their address, in their own time zone, until the course ends. We do not send anything else to your subscribers, ever, and we do not contact them on our own behalf.

A published course can also be listed on the public course directory, at 5dayemail.com/courses, which search engines index. The listing shows the course's title, your sender name, its length and the subject line of its first day — the same things its sign-up page already shows anyone with the link. It is off unless you switch it on in the course's settings, and switching it off again takes the course off the directory without pausing anything.

3. Who can have an account

Anyone may open an account by signing in with a Google account. Sign-in is Google only. You must be at least 18, and you must not share your account. Eighteen rather than the sixteen the GDPR sets for consenting to receive mail: a creator is not consenting to anything, they are sending from a domain shared with other people and taking on data-controller duties toward strangers.

4. Your list is yours, and so is the responsibility for it

You are the data controller for the people who join your course. We act as your processor. You are responsible for what you send them and for being able to show that they wanted it.

By publishing a course you confirm that:

• Every address on your list asked to be there. Bought lists, scraped lists, rented lists and addresses harvested from anywhere are not permitted, at any volume.
• The sender name and postal address on your account are real and are yours to use. The postal address appears in the footer of every email you send.
• You will answer replies and data requests from your own subscribers. Your reply-to address is your own and replies do not pass through us.

Every address confirms before it receives anything but a confirmation email, on every path. There is no setting that changes this and no arrangement under which it can be waived.

5. What you may not send

Nothing unlawful, nothing that infringes someone else's rights, no malware, no phishing, no adult content, no content promoting violence or hatred, and nothing designed to deceive the recipient about who it is from. You keep every right you have in what you write; you grant us only the permission we need to store it, render it and deliver it to the people who asked for it.

6. The sending domain is shared, and that has consequences

Every creator's course mail leaves from the same sending domain. One list that generates complaints damages delivery for everyone else on it, so the following are not negotiable and apply to every account:

• A daily sending limit that starts small for a new account and increases over the first three weeks. It is a limit on messages per day, not a plan feature, and it cannot be raised on request.
• A platform-wide suppression list. An address that hard bounces, reports a message as spam or chooses on the unsubscribe page to leave the platform stops receiving mail from every course on the platform, permanently, including yours. This cannot be undone by you or by us. An ordinary unsubscribe is narrower: it ends the course it was sent from and leaves the reader's other courses alone. You cannot put that reader back on the course afterwards — importing or adding them again sends nothing, and only they can rejoin, from your course page.
• We may pause a course or an account, without notice, if its complaint or bounce rate threatens delivery for other creators. We will tell you afterwards and why. A pause stops sends; it does not delete anything.

7. Availability

The service is provided as it is, with no uptime commitment. It is early software in a closed trial and there is no service level agreement. Sends are scheduled within the hour you choose, in each subscriber's own time zone; a delay of minutes is normal and is not a breach of anything.

One known limit worth stating plainly: pausing a live course for more than 20 hours can cost a subscriber one day of it, because a message already handed to the mail provider is skipped rather than sent twice.

8. Money

Every account starts on the Free plan, with the limits set out on the pricing page. The paid plan is a subscription: $19 a month, the same figure for every account. Tax is included — any VAT or sales tax that applies where you are sits inside that figure rather than being added at the end — so the amount taken is the amount published on the pricing page.

Nothing is charged before you have an account. Every account opens on the Free plan with no card. Having an account costs nothing and obliges you to nothing, and a subscription only ever starts because you started it.

Payment is taken by Stripe and we never see your card. The card is entered on Stripe's own checkout page and never reaches this application. What we store is the customer and subscription identifiers Stripe gives us, which plan it is, what Stripe says its status is, and the date the paid period ends. Stripe asks for a billing address because the tax on an electronically supplied service depends on where you are, and will take a VAT number if you have one. The privacy policy describes this under who else touches the data.

You cancel it yourself, from the billing section of your account, which opens Stripe's own portal. Cancelling stops the next payment; the account keeps working until the end of the period already paid for, and nothing is deleted by cancelling. Your subscriber list can be exported at any time whether the subscription is running or not, so leaving is a download rather than a negotiation. If the price changes you will be told before a different amount is taken, and cancelling instead is always an option.

One account is not billed, and it is said here rather than left to be noticed: the operator's own account. It is free because he runs the platform, not because there is a tier behind it, and there is nothing to apply for.

9. Withdrawing within 14 days

This section applies if you subscribe as a consumer — as an individual, not for a trade, business, craft or profession.

Right of withdrawal. You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day of the conclusion of the contract.

To exercise the right of withdrawal, you must inform us of your decision to withdraw from this contract by an unequivocal statement. The simplest way is the Withdraw from contract here function in your account, at 5dayemail.com/app/withdraw, which is also linked from the plan on your account pages; if you use it, we will communicate to you an acknowledgement of receipt of the withdrawal on a durable medium, by email, without delay. You can also email us at hello@5dayemail.com or write to the address in section 1, and you may use the model withdrawal form below, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal. If you withdraw from this contract, we shall reimburse to you all payments received from you, without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

Your account after a withdrawal. A withdrawal switches the subscription's renewal off; it does not cancel it on the day. So nothing further is charged, and your account keeps working until the end of the period already paid for. The withdrawal page and the acknowledgement email give that date. Any reimbursement due is paid within the 14 days above.

Starting straight away. The service starts as soon as the first payment goes through, which is inside the withdrawal period, so before paying you are asked to tick this request: “I ask for my subscription to start straight away, inside the 14-day withdrawal period. I understand that if I withdraw, I pay for the part of the month already provided, and that I lose the right to withdraw once the service has been fully provided.” If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from this contract, in comparison with the full coverage of the contract. The confirmation email sent after you subscribe repeats the request you made.

10. Ending it

You can stop at any time. Ask us to delete your account and the courses, subscribers, send history and delivery records that belong to it are deleted with it; the suppression hashes described in the privacy policy are not, and cannot be. A running subscription is cancelled at Stripe before the account is deleted, so nothing further is charged; an invoice already issued is a tax record and is kept.

We may suspend or close an account that breaks section 4, 5 or 6, or that puts the sending domain at risk. Where we can give notice first, we will.

11. Liability

To the extent the law allows, we are not liable for lost profits, lost subscribers, lost content or indirect losses, and our total liability is limited to the amount you have paid us in the twelve months before the claim. Nothing here limits liability for intent or gross negligence, for death or personal injury, or any right you have as a consumer that cannot be contracted away.

12. Law and changes

These terms are governed by the law of the Netherlands, and disputes go to the courts of Amsterdam. That clause does not take anything away from you: if you are a consumer, the protections your own country gives you apply whatever this paragraph says. If these terms change materially you will be told, and continuing to use the service after that is how you accept the change. The date at the top of this page is when it last changed.