Kibamail

Terms of Service

All the information you need to know about using Kibamail products and services.Last updated: December 30, 2025

Effective Date: December 30, 2025

Last Updated: December 30, 2025

Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your," or "Customer") and KIBAMAIL MESSAGING SYSTEMS LTD ("Kibamail," "we," "us," or "our") governing your access to and use of the Kibamail website at https://kibamail.com and all related services, applications, and features (collectively, the "Service").

By accessing or using the Service, creating an account, clicking "I agree" or "Sign up," or otherwise indicating acceptance, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

If you do not agree to these Terms, you may not access or use the Service.

Company Information

KIBAMAIL MESSAGING SYSTEMS LTD 63 N. Burritt Ave Room 100 East PMB1247 Buffalo, WY 82834 United States

Contact: engineering@kibamail.com

Description of Service

Kibamail provides an email marketing and transactional email delivery platform that enables customers to:

  • Create and send email campaigns
  • Manage subscriber lists and contacts
  • Send transactional emails via API or SMTP
  • Track email engagement and analytics
  • Automate email workflows
  • Manage sender authentication (SPF, DKIM, DMARC)

The specific features available to you depend on your account type and usage.

Account Registration and Security

Account Creation

To use certain features of the Service, you must create an account. When registering, you agree to:

  • Provide accurate, current, and complete information
  • Maintain and promptly update your account information
  • Keep your password secure and confidential
  • Notify us immediately of any unauthorized access to your account
  • Accept responsibility for all activities that occur under your account

Account Restrictions

You may not:

  • Create multiple accounts to circumvent restrictions or limitations
  • Use another person's account without their permission
  • Share your account credentials with third parties
  • Select a username that is offensive, misleading, or violates third-party rights
  • Use the Service if you are under 18 years of age

Account Suspension

We reserve the right to suspend or terminate your account at any time, without prior notice, for:

  • Violation of these Terms or our Acceptable Use Policy
  • Non-payment of fees
  • Suspected fraudulent or illegal activity
  • Extended inactivity
  • Any other reason at our sole discretion

Acceptable Use

Your use of the Service is subject to our Acceptable Use Policy, which is incorporated into these Terms by reference. You can review the full Acceptable Use Policy at https://kibamail.com/legal/acceptable-use-policy.

By using the Service, you agree to comply with all applicable laws and regulations, including but not limited to:

  • CAN-SPAM Act (United States)
  • GDPR (European Union)
  • CASL (Canada)
  • All other applicable anti-spam and privacy regulations

Pricing and Fees

Pay-Per-Email Pricing

Kibamail operates on a pay-per-email pricing model with post-usage billing. You are billed based on the number of emails sent through the Service during each billing period. Current pricing is available on our website. We reserve the right to modify pricing at any time with reasonable notice.

Post-Usage Billing

  • Fees are calculated based on emails sent during the billing period
  • Invoices are issued after usage occurs, typically on a monthly basis
  • Payment is due within the timeframe specified on your invoice
  • All fees are quoted and payable in U.S. Dollars unless otherwise specified

Free Email Allowance

New accounts may receive a complimentary allowance of emails (such as 10,000 emails) at no charge. This allowance:

  • Is subject to our Acceptable Use Policy
  • May be modified or discontinued at our discretion
  • Does not roll over or accumulate between periods
  • Is intended for legitimate use only

Payment Information

You agree to provide accurate and complete billing information, including:

  • Valid payment method (credit card, debit card, or other accepted method)
  • Billing name and address
  • Any other information we reasonably request

If your payment method fails or your account is past due, we may:

  • Suspend or limit your access to the Service
  • Attempt to charge other payment methods on file
  • Use third-party collection services

Price Changes

We may change our pricing at any time. We will provide at least 30 days' notice before price changes take effect. If you do not agree to the new pricing, you may stop using the Service.

Refund Policy

  • Fees for emails already sent are non-refundable
  • Refunds may be issued at our sole discretion or where required by applicable law
  • Accounts terminated for violation of our Terms or Acceptable Use Policy are not eligible for refunds

Your Content and Data

Your Content

"Your Content" includes all data, information, text, graphics, images, and other materials that you upload, submit, or transmit through the Service, including:

  • Email content and templates
  • Subscriber lists and contact information
  • Images, files, and attachments
  • Custom settings and configurations

Ownership

You retain all ownership rights to Your Content. We do not claim any ownership interest in Your Content.

License to Kibamail

By using the Service, you grant Kibamail a limited, non-exclusive, worldwide, royalty-free license to:

  • Store, process, and transmit Your Content as necessary to provide the Service
  • Create derivative works (such as reformatting or encoding) as needed for technical purposes
  • Display and distribute Your Content as directed by you (e.g., sending emails to your recipients)

This license exists solely for the purpose of operating and providing the Service.

Your Responsibilities

You represent and warrant that:

  • You own or have the necessary rights to Your Content
  • Your Content does not violate any third-party rights, including intellectual property, privacy, or publicity rights
  • Your Content does not violate any applicable laws or our Acceptable Use Policy
  • You have obtained all necessary consents from recipients to receive your emails

Data Processing

For personal data you process through the Service, you act as the data controller and we act as the data processor. Our data processing activities are governed by our Data Processing Addendum, which is incorporated into these Terms by reference.

Intellectual Property

Kibamail's Intellectual Property

The Service and its original content (excluding Your Content), features, and functionality are and will remain the exclusive property of Kibamail and its licensors. This includes:

  • The Kibamail name, logo, and branding
  • Website design, layout, and look-and-feel
  • Software, code, and underlying technology
  • Documentation and marketing materials
  • Trademarks, service marks, and trade dress

The Service is protected by copyright, trademark, and other laws of the United States and foreign countries.

Restrictions

You may not:

  • Copy, modify, or create derivative works based on the Service
  • Reverse engineer, decompile, or disassemble any part of the Service
  • Remove, alter, or obscure any copyright, trademark, or other proprietary notices
  • Use our trademarks without prior written consent
  • Frame or mirror any part of the Service without authorization
  • Access the Service to build a competitive product or service

Feedback

If you provide us with feedback, suggestions, or ideas about the Service ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free license to use and incorporate such Feedback without any obligation to you.

Third-Party Services

Integrations

The Service may integrate with or contain links to third-party websites, services, or applications. We do not control and are not responsible for:

  • The availability or accuracy of third-party services
  • The content, privacy policies, or practices of third-party services
  • Any loss or damage arising from your use of third-party services

Your use of third-party services is at your own risk and subject to those services' terms and policies.

Third-Party Providers

We use third-party providers to deliver certain aspects of the Service, including:

  • Cloud hosting and infrastructure
  • Payment processing
  • Analytics and monitoring
  • Email delivery infrastructure

These providers are bound by confidentiality obligations and may not use your data except as necessary to provide their services to us.

Service Availability and Support

Availability

We strive to maintain high availability of the Service but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to:

  • Scheduled maintenance (we will try to provide advance notice)
  • Unscheduled emergency maintenance
  • Third-party service outages
  • Events beyond our reasonable control

Support

We provide customer support through email and in-app channels.

Modifications

We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY LAW, KIBAMAIL DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

  • IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
  • WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE
  • ANY WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF THE SERVICE
  • ANY WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE
  • ANY WARRANTIES REGARDING EMAIL DELIVERABILITY OR INBOX PLACEMENT

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM KIBAMAIL OR THROUGH THE SERVICE CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

Limitation of Liability

Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

KIBAMAIL AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

  • LOSS OF PROFITS, REVENUE, OR DATA
  • LOSS OF BUSINESS OR GOODWILL
  • BUSINESS INTERRUPTION
  • COST OF SUBSTITUTE SERVICES
  • ANY OTHER INTANGIBLE LOSSES

ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF KIBAMAIL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Liability Cap

IN NO EVENT SHALL KIBAMAIL'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE EXCEED THE GREATER OF:

  • THE TOTAL FEES PAID BY YOU TO KIBAMAIL IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR
  • ONE HUNDRED U.S. DOLLARS ($100)

Exceptions

The limitations in this section do not apply to:

  • Liability arising from Kibamail's gross negligence or willful misconduct
  • Liability that cannot be limited under applicable law
  • Your breach of the Acceptable Use Policy

Some jurisdictions do not allow the exclusion or limitation of liability for certain damages, so some of the above limitations may not apply to you.

Indemnification

You agree to indemnify, defend, and hold harmless Kibamail and its directors, officers, employees, agents, partners, and licensors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

  • Your use of the Service
  • Your Content
  • Your violation of these Terms
  • Your violation of any third-party rights
  • Your violation of any applicable laws or regulations
  • Any claim that Your Content caused damage to a third party

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defense of such claim.

Termination

Termination by You

You may terminate your account at any time by:

Upon termination:

  • Your access to the Service will cease immediately
  • You remain responsible for any fees incurred before termination
  • No refunds will be issued for any fees already paid

Termination by Kibamail

We may terminate or suspend your account immediately, without prior notice or liability, for any reason, including but not limited to:

  • Breach of these Terms or our Acceptable Use Policy
  • Non-payment of fees
  • Fraudulent or illegal activity
  • Extended account inactivity
  • Requests from law enforcement or government agencies
  • Discontinuation of the Service

Effect of Termination

Upon termination:

  • Your right to use the Service will immediately cease
  • We may delete Your Content within a reasonable time period
  • Provisions that by their nature should survive termination will survive (including intellectual property, disclaimers, indemnification, and limitations of liability)

Data Export

Before termination, you are responsible for exporting any data you wish to retain. We may provide data export tools or assistance, but we are not obligated to retain Your Content after termination.

Dispute Resolution

Informal Resolution

Before initiating any formal dispute proceedings, you agree to first contact us at engineering@kibamail.com to attempt to resolve the dispute informally. We will attempt to resolve the dispute through good-faith negotiations for at least 30 days.

Governing Law

These Terms and any dispute arising out of or related to these Terms or the Service shall be governed by and construed in accordance with the laws of the State of Wyoming, United States, without regard to its conflict of law provisions.

Jurisdiction

Any legal action or proceeding arising out of or related to these Terms or the Service shall be brought exclusively in the state or federal courts located in Wyoming, United States. You consent to the personal jurisdiction of such courts.

Class Action Waiver

YOU AND KIBAMAIL AGREE THAT ANY CLAIMS WILL BE BROUGHT SOLELY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.

General Provisions

Entire Agreement

These Terms, together with our Privacy Policy, Acceptable Use Policy, and any other policies referenced herein, constitute the entire agreement between you and Kibamail regarding the Service and supersede all prior agreements, understandings, and communications.

Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

Waiver

The failure of Kibamail to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign or transfer these Terms without restriction.

Force Majeure

Kibamail shall not be liable for any failure or delay in performing our obligations where such failure or delay results from events beyond our reasonable control, including but not limited to natural disasters, acts of government, internet or telecommunications failures, or third-party service outages.

No Agency

Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between you and Kibamail.

Notices

We may provide notices to you by:

  • Email to the address associated with your account
  • Posting notices on the Service
  • Any other reasonable means

You may provide notices to us by email at engineering@kibamail.com.

Headings

The section headings in these Terms are for convenience only and have no legal effect.

Customer Logo Usage

By creating an account, you grant Kibamail a non-exclusive, royalty-free right to use your company name, logo, and trademarks to identify you as a Kibamail customer on our website, marketing materials, and customer lists. You may revoke this permission at any time by contacting us at engineering@kibamail.com.

Copyright and DMCA

Copyright Policy

Kibamail respects the intellectual property rights of others. We will respond to notices of alleged copyright infringement that comply with applicable law.

Reporting Copyright Infringement

If you believe that content on or transmitted through the Service infringes your copyright, please send a notice to engineering@kibamail.com containing:

  1. A physical or electronic signature of the copyright owner or authorized agent
  2. Identification of the copyrighted work claimed to be infringed
  3. Identification of the material claimed to be infringing and its location
  4. Your contact information (address, telephone number, email)
  5. A statement that you have a good faith belief that use of the material is not authorized
  6. A statement, under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on behalf of the copyright owner

Counter-Notification

If you believe your content was removed in error, you may submit a counter-notification with the required information under the DMCA.

Changes to Terms

We reserve the right to modify these Terms at any time. When we make changes:

  • We will update the "Last Updated" date at the top of this document
  • For material changes, we will provide prominent notice (such as email notification or a banner on the Service)
  • Your continued use of the Service after the effective date of changes constitutes acceptance of the updated Terms

If you do not agree to the updated Terms, you must stop using the Service before they take effect.

Contact Us

If you have any questions about these Terms of Service, please contact us:

KIBAMAIL MESSAGING SYSTEMS LTD 63 N. Burritt Ave Room 100 East PMB1247 Buffalo, WY 82834 United States

Email: engineering@kibamail.com Website: https://kibamail.com