Terms of Service

1. Definitions

"Telltide", "we", "us" means the operator of the Telltide service.

"Service" means the Telltide application at app.telltide.io, the marketing site at telltide.io, and related APIs and documentation.

"Customer", "you" means the legal entity that has signed up for an account, and where the context permits, the authorised users of that account.

"Customer Data" means data that you submit to the Service or that the Service receives at monitoring addresses you configure, including the content and metadata of inbound emails.

"DPA" means the Data Processing Addendum that supplements these Terms where Telltide processes personal data on your behalf.

2. The Service

Telltide is a software-as-a-service tool that monitors expected email journeys. The Service receives emails delivered to addresses that you provision, evaluates whether expected sends arrived on time and matched what you expected, and notifies the recipients you nominate.

We will provide the Service in accordance with these Terms, the documentation, and any plan-specific commitments published on our pricing page or set out in an order form.

3. Accounts and access

You must provide accurate registration information and keep it current. You are responsible for activity under your account, including the actions of users you authorise. Authentication credentials must not be shared. You must notify us promptly of any suspected unauthorised access.

4. Subscriptions and billing

Paid subscriptions renew automatically at the end of each billing period at the then-current rate for your plan, until cancelled. You can cancel at any time from your workspace; cancellation takes effect at the end of the current period and you retain access until then. Fees already paid for a period are non-refundable except where required by law or expressly agreed in writing.

We may change plan pricing or features. Material changes to a paid plan will be communicated by email at least 30 days before they take effect. Continued use of the plan after the change takes effect constitutes acceptance.

Taxes are your responsibility unless we are legally required to collect them. Invoices unpaid more than 30 days past due may result in suspension after notice.

5. Free plan and trials

We offer a free plan and may offer free trials of paid plans. Free plans and trials are provided as-is, subject to plan-specific limits, and may be modified or discontinued. Trials convert to paid subscriptions at the end of the trial unless cancelled before then.

6. Customer Data

As between Telltide and you, you own Customer Data. You grant Telltide a limited, non-exclusive licence to host, transmit, store, process, and display Customer Data solely as required to provide the Service to you, to investigate abuse and security issues, to comply with law, and to improve the Service in a way that does not identify you or your Customer Data to third parties.

You are responsible for the lawfulness of the Customer Data you submit and for obtaining any consents required to process it through the Service. Where Customer Data includes personal data, the DPA applies. The current DPA is available on request from security@telltide.io.

You can delete stored Customer Data for a monitor at any time from the application. Account closure triggers deletion of Customer Data within 30 days, subject to legal retention obligations.

7. Acceptable use

You must not, and must not permit any user to:

• Use the Service to send spam, conduct phishing, distribute malware, or violate the acceptable use policies of any email service provider;
• Use the Service to surveil third-party inboxes or to receive email at addresses you do not control or are not authorised to receive on behalf of;
• Reverse engineer, decompile, or attempt to derive the source code of the Service, except to the extent permitted by mandatory law;
• Sell, sublicense, or otherwise commercially exploit the Service except as expressly permitted;
• Interfere with or disrupt the integrity or performance of the Service;
• Use the Service to violate applicable law, infringe intellectual property, or harm minors.

8. Service levels and support

We provide the Service on a continuous best-effort basis and target high availability appropriate to a critical operational tool. We publish status updates on the Service and notify customers of material incidents. We do not commit to a specific uptime percentage in these Terms; an SLA with stated uptime, credits, and remedies is available for paid plans on request and is provided as a separate document or order form.

Standard support is provided by email in line with the response targets published for your plan. Enterprise support arrangements may be agreed separately.

9. Confidentiality

Each party may receive confidential information from the other in connection with these Terms. The receiving party will use confidential information solely to perform under these Terms, will protect it with at least reasonable care, and will not disclose it to third parties except to its personnel and contractors with a need to know who are bound by similar confidentiality obligations. This section does not apply to information that is public, independently developed, or rightfully obtained without restriction.

10. Intellectual property

Telltide and its licensors retain all right, title, and interest in and to the Service, the marketing site, and all related software, content, and materials. Nothing in these Terms grants you any right or licence to Telltide's trademarks or branding.

If you provide feedback or suggestions, you grant Telltide a perpetual, royalty-free licence to use that feedback to improve the Service.

11. Suspension and termination

We may suspend or terminate your access if you materially breach these Terms (including unpaid invoices after notice), if your use poses a security or legal risk to Telltide or others, or if continuing to provide the Service is no longer commercially or legally viable. We will give reasonable notice except where immediate action is required to address a material risk.

You may terminate at any time by cancelling your subscription. On termination, your right to use the Service ends. We will delete Customer Data in accordance with our retention practices, except where law requires us to retain it.

12. Warranties and disclaimers

We warrant that we will provide the Service with reasonable skill and care. Except as expressly set out in these Terms, the Service is provided on an "as is" and "as available" basis. To the maximum extent permitted by law, we disclaim all other warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that monitoring will detect every issue with your email programme or that alerts will reach every recipient under every condition.

13. Limitation of liability

To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, lost revenue, or lost data, arising out of or related to these Terms, even if advised of the possibility.

Each party's total liability arising out of or related to these Terms in any 12-month period is limited to the fees paid or payable by you to Telltide in that period. Liability for breach of confidentiality, breach of acceptable use, infringement of intellectual property, indemnification obligations, or amounts owed for the Service is not subject to this cap, and nothing in these Terms excludes liability that cannot be excluded under applicable law.

14. Indemnification

You will defend Telltide against third-party claims arising from your Customer Data or your use of the Service in violation of these Terms or applicable law, and pay any damages or settlement amounts finally awarded. We will defend you against third-party claims that the Service, as provided by us and used in accordance with these Terms, infringes the third party's intellectual property rights, and pay any damages or settlement amounts finally awarded. The indemnified party must promptly notify the indemnifying party of the claim and provide reasonable cooperation.

15. Changes to the Service or Terms

We may modify the Service from time to time and will avoid materially reducing core functionality without notice. We may update these Terms; material changes will be communicated to account holders by email at least 30 days before they take effect, except for changes addressing legal compliance or urgent security matters. The current version will always be published on this page.

16. Governing law and disputes

These Terms are governed by the laws of New South Wales, Australia, without regard to conflicts of law principles. The parties submit to the non-exclusive jurisdiction of the courts of New South Wales for any dispute arising out of or related to these Terms, except that either party may seek injunctive relief in any court of competent jurisdiction to protect its intellectual property or confidential information.

17. General

These Terms, together with any DPA, order form, or plan-specific commitments referenced here, are the entire agreement between you and Telltide on this subject and supersede prior agreements on it. If any provision is held unenforceable, the remaining provisions will remain in effect. We may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of our assets; you may not assign these Terms without our prior written consent. Failure to enforce a provision is not a waiver of it.

18. Contact

For legal notices, contracts, and order forms, contact legal@telltide.io. For security and procurement, including DPA and SLA requests, contact security@telltide.io.