Terms of service

1. Who you are agreeing with

5dayemail.com is operated by [to be supplied: registered legal entity name], registered in the Netherlands under [to be supplied: Dutch Chamber of Commerce (KvK) number], at [to be supplied: registered business address], VAT number [to be supplied: Dutch VAT (BTW) identification number, if registered]. "We" and "us" below mean that entity; "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. That is the whole service. We do not send anything else to your subscribers, ever, and we do not contact them on our own behalf.

3. Who can have an account

Accounts are invite-only at present. Anyone may sign in with a Google account, but an account is created only for addresses that have been invited; everyone else is told so and signed back out. 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 unsubscribes, hard bounces or reports a message as spam stops receiving mail from every course on the platform, permanently, including yours. This cannot be undone by you or by us.
• 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

There is no charge for an account today and nothing to pay. If that changes you will be told before any charge is made and you will be able to decline and stop. No payment details are collected and no payment processor is connected.

9. 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.

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.

10. 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 — which, while the service is free, is nothing. 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.

11. 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.