Last updated: October 16, 2025
This Terms of Service Agreement (the "Agreement") is a legally binding contract between Beyond Emails, Inc ("Beyond Emails, Inc," "we," "us," or "our") and you, the client or site visitor ("Client," "you," or "your"), governing your access to and use of https://beyondemails.comand related media channels, client portal(s), or applications (collectively, the "Website"). This Agreement also governs your use of our design as a service subscription offerings.
If you do not agree to all terms below, you must stop using the Website and our services immediately. Any obligation by Client to pay Beyond Emails, Inc for services rendered survives termination.
1) Intellectual Property Rights
Unless otherwise indicated, the Website (including all source code, databases, functionality, software, designs, text, photos, video, audio, graphics, and the Beyond Emails, Inc trademarks, service marks, and logos) (collectively, the "Content" and "Marks") is owned or licensed by Beyond Emails, Inc and protected by applicable intellectual property laws. The Content and Marks are provided as-is for your information and personal/business use in connection with our services. Except as expressly permitted in writing, you may not copy, reproduce, republish, upload, post, display, encode, translate, transmit, distribute, sell, license, or otherwise exploit any part of the Website, Content, or Marks for commercial purposes. We reserve all rights not expressly granted.
2) Ownership of Project Materials
Notwithstanding Section 6 (Client Feedback), all final deliverables created specifically for Client and paid in full ("Projects"), such as designs, graphics, templates, or assets delivered under a subscription plan or Statement of Work (SOW), are owned by Client, and Client shall be the sole owner of the copyright in such Projects. To the extent any rights would otherwise vest in Beyond Emails, Inc, we hereby assign our interest in the Projects to Client upon full payment.
Client represents and warrants that all materials (e.g., examples, brand assets, data, lists, fonts, images, videos) it provides are owned or properly licensed and do not infringe any third-party rights (including privacy/publicity rights).
Portfolio right: Beyond Emails, Inc may showcase non-confidential work product and results (e.g., on our Website, social media) unless otherwise agreed in writing (see Section 19).
3) Third-Party Fonts & Assets
If a Project incorporates third-party fonts or assets that require separate licenses for Client’s reproduction, distribution, or public display, we will notify you and identify the required license(s). Client is responsible for obtaining and maintaining such licenses. Beyond Emails, Inc is not liable for Client’s failure to secure required third-party rights.
4) User Representations
By using the Website and subscribing to our design services, you represent and warrant that you:
a) have legal capacity and agree to this Agreement;
b) are not a minor in your jurisdiction;
c) will not access the Website via automated or non-human means;
d) will not use the Website or our services for any unlawful purpose; and
e) will comply with applicable laws and regulations.
5) Prohibited Activities
You may use the Website and our services only for purposes related to evaluating or receiving Beyond Emails, Inc’s design services. You agree not to:
Make unauthorized use of the Website or our services;
Scrape or compile data/content to create a database or directory;
Circumvent, disable, or interfere with security features;
Frame or link to the Website in an unauthorized manner;
Mislead, defraud, or interfere with other users or Beyond Emails, Inc;
Overburden the Website or our networks/servers;
Use the Website or our services to compete with Beyond Emails, Inc;
Reverse engineer or decompile any part of the Website;
Bypass measures restricting access;
Harass or threaten our team or contractors;
Remove copyright or proprietary notices;
Upload malware or any material that disrupts operations or collects data passively/actively;
Disparage or harm Beyond Emails, Inc; or
Use the Website or our services in violation of any law.
6) Client Feedback & Submissions
Questions, comments, suggestions, testimonials, case study approvals, or other feedback (each, a "Submission") that you provide may be used by Beyond Emails, Inc without obligation of confidentiality, attribution, or compensation, subject to any applicable NDA and except as limited by Section 2 (ownership of final Project deliverables). We may use and disclose Submissions for any lawful purpose.
7) Website Management
We may monitor the Website for violations of this Agreement and take any lawful action in our sole discretion, including restricting or terminating access. We may modify or remove content at any time to protect our rights and property and the proper functioning of the Website.
8) Privacy Policy
Your use of the Website and our services is subject to our . By using the Website, you consent to the collection and processing of your data as described therein, including international transfers where applicable. We do not knowingly collect data from children under 13; if you believe a child has provided Personal Data, contact us to remove it.
9) Subscriptions, Payments, Returns & Refunds
Our design services are offered via subscriptions, retainers, SOWs, or one-off projects. Fees, billing cadence, and deliverables are as stated in your order, SOW, or plan page.
Payments: Processed by third-party providers (e.g., Stripe). We do not store full card details.
Late/Paused Accounts: We may pause work for past-due invoices until payment is received.
Refunds: Refunds for subscriptions or projects are not guaranteed and are assessed case-by-case at our sole discretion. If a refund is approved, (i) all rights in any in-progress or unpaid-for deliverables remain with Beyond Emails, Inc and may not be used by Client; (ii) a 25% fee may apply to the remaining billable period; and (iii) payment processor fees (e.g., Stripe) are non-refundable.
Usage Post-Refund: Client may not use, reproduce, or adapt any materials produced during the refunded period unless expressly licensed in writing.
10) Modifications to the Website or Services
We may change, modify, or discontinue any part of the Website or services at any time, with or without notice, and without liability to you.
11) Availability & Interruptions
We do not guarantee the Website or our services will be available at all times. Hardware, software, hosting, or network issues may cause interruptions. We are not liable for any loss or inconvenience resulting from downtime or errors.
12) Governing Law
This Agreement is governed by the laws of New Jersey, without regard to conflict-of-law principles.
13) Venue; Dispute Resolution
Exclusive venue for any action shall be the courts located in New Jersey (and, where applicable, federal courts within such jurisdiction). You consent to personal jurisdiction and waive defenses of improper venue or forum non conveniens. The U.N. Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act do not apply.
14) Disclaimer
THE WEBSITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE IS AT YOUR OWN RISK. Beyond Emails, Inc DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT (A) THE WEBSITE, CONTENT, OR SERVICES ARE ACCURATE, COMPLETE, OR CURRENT; (B) ACCESS WILL BE UNINTERRUPTED OR ERROR-FREE; OR (C) DEFECTS WILL BE CORRECTED. WE ARE NOT RESPONSIBLE FOR (I) ERRORS, INACCURACIES, OR OMISSIONS; (II) PERSONAL INJURY OR PROPERTY DAMAGE; (III) UNAUTHORIZED ACCESS TO SERVERS OR DATA; (IV) INTERRUPTION OR CESSATION OF TRANSMISSION; (V) MALWARE TRANSMITTED BY THIRD PARTIES; OR (VI) ANY LOSS OR DAMAGE INCURRED FROM CONTENT MADE AVAILABLE VIA THE WEBSITE OR LINKED SITES.
15) Limitation of Liability; Indemnification
To the maximum extent permitted by law, Beyond Emails, Inc and its owners, directors, employees, contractors, and agents shall not be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages (including lost profits, revenue, data, or goodwill) arising out of or related to your use of the Website or services, even if advised of the possibility. Our total aggregate liability for any claim will not exceed the amount paid by you to Beyond Emails, Inc for the service giving rise to the claim in the three (3) months preceding the event.
You agree to defend, indemnify, and hold harmless Beyond Emails, Inc and its affiliates, officers, employees, and contractors from any claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising from: (a) your use of the Website or services; (b) your breach of this Agreement; (c) your violation of third-party rights; or (d) materials you supply to Beyond Emails, Inc. We may assume the exclusive defense of any matter subject to indemnification; you agree to cooperate with such defense.
16) User Data
You are responsible for all data transmitted via the Website and for activities under your account(s). We are not liable for any loss or corruption of such data, and you waive any claims arising from such loss or corruption.
17) Electronic Communications & Signatures
You consent to receive communications from us electronically (e.g., email, in-app notices) and agree that such communications satisfy legal requirements for written notice. You consent to electronic signatures and records for transactions with Beyond Emails, Inc.
18) Licensing (Client Responsibility)
Client is solely responsible for ensuring proper licenses for any images, fonts, videos, music, code, or other content used on Client’s website, emails, ads, or channels. Licenses owned by Beyond Emails, Inc are not transferable unless expressly stated in writing.
19) Showcasing Client Work (Portfolio)
We may display non-confidential elements of Client Projects (e.g., anonymized metrics, visuals, headlines) across digital channels (website, social media, proposals). If you require confidentiality, we will honor a mutually executed NDA that limits or prohibits such display.
20) Referrals
If we offer a referral program, tracking and payouts may be handled by a third-party provider (e.g., Rewardful or similar). Participation is subject to the provider’s terms.
21) Miscellaneous
This Agreement, together with any order forms, SOWs, and policies posted on the Website (including the Privacy Policy), constitutes the entire agreement between you and Beyond Emails, Inc regarding the Website and services. Our failure to enforce any provision is not a waiver. If any provision is found unenforceable, the remainder will remain in effect. Nothing herein creates a partnership, joint venture, agency, or employment relationship.
22) Contact
Questions about these Terms?
Email: hello@beyondemails.com