Version 2.0
Last Modified: Jun 23, 2025
These Terms require users to use arbitration on an individual basis to resolve disputes rather than using jury trials or class actions. These Terms contain exclusions, disclaimers, and limitations of liability. Please read these Terms carefully.
These Terms of Service (the “Terms”) apply to your use of lightmail.com and all related software (the “Services”). These Terms are effective as of the Last Modified date above.
All references to “us” and similar words such as “we” and “our” (even if not capitalized) mean LightMail LLC, a Kansas limited liability company. All references to “you” and similar words such as “your” (even if not capitalized) mean the individual using the Services, and if you are using the Services on behalf of a business entity, it means both you and that business.
By using the Services, you are agreeing to these Terms and the other policies referenced in these Terms. If you are using the Services on behalf of a business entity, then you represent that you are authorized to use the Services on behalf of that business and you are agreeing to these Terms and the other policies referenced in these Terms on behalf of both you and that business.
If you do not agree to these Terms, then you may not use the Services.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable, non-transferable, and revocable license to access and use the Services solely for your own business use.
The Services are not designed for children. You may not use the Services if you are under 13 years old.
You shall not directly or indirectly: (a) use the Services for any illegal purpose or in a way that would violate another contract, (b) resell or otherwise make the Services available to third parties without our express permission, (c) use the Services in any way that may harm the Services, including using bots, scrapers, harvesters, or other automated systems, (d) take any action which constitutes reverse engineering, decompiling, disassembling, or otherwise attempting to discover the source code, object code, or underlying structure or algorithms, of the Services, or (e) attempt to use the Services without our express permission after we have terminated your right to use the Services.
We may add to, modify, suspend, or discontinue, all or parts of the Services at any time, for any reason, with or without notice to you. We will not be liable to you for any such change.
We will provide support to you via email if you are a customer with a paid Subscription in good standing. If you are not a paying customer or do not have a Subscription in good standing, we will not have any obligation to provide any customer support with respect to your use of the Services.
Our privacy policy is available at lightmail.com/privacy (the “Privacy Policy”). That Privacy Policy applies to your use of the Services. By using the Services, you consent to our collection and use of your information, as described in our Privacy Policy.
If you provide your phone number to us and opt in to receive text messages from us, we may send text messages to you. We will only send text messages to you for the purpose(s) for which you have opted in, such as two-factor account verification or notification of events within the Services, and you can opt out from receiving text messages from us at any time by removing your phone number from or adjusting your preferences within the Services. Message frequency may vary. Message and data rates may apply.
We may allow you to create an account (or we may create one for you) to use the Services. If you create (or accept) an account, then we may request information about you as described in the account setup process and in these Terms and the other policies referenced in these Terms. Please review our Privacy Policy to understand how we use your information. Subject to the other provisions in these Terms, both you and we may terminate your account any time.
You must keep your account credentials private and may not allow other people to use your account. You are responsible for everything that happens through your account.
Your user account is associated with an organization (the “Organization”). Settings for your Organization apply to all user accounts associated with your Organization, and some organization-level settings can be overridden for individual user accounts.
If your account has the appropriate permission(s), you may create an account for other individual users to access your Organization and assign role(s) and permission(s) to each created account (which you can change later).
Please note that the role(s) and permission(s) you assign to each created user account will dictate what that user can and cannot do to your Organization and the data and information they will be able to access within your Organization, including the ability to create/remove other accounts, and change/remove permissions or roles of other Organization users. You should assign roles and permissions carefully.
You must not use the Services to send “spam” emails or otherwise unwanted communications. You must not use the Services in any way that violates applicable law or regulation, including the CAN-SPAM Act. The Services are designed for sending emails one-at-a-time to individual recipients, and you shall not to attempt to send emails via the Services to multiple recipients (except that you are permitted include up to two addresses in each the “Cc” (carbon copy) and “Bcc” (blind carbon copy) fields, allowing a single email to be sent to up to five addresses). You shall not send emails in rapid succession via the Services. We reserve the right to restrict any attempts by you to exceed your acceptable use of the Services under these Terms.
As between you and us, you will remain the owner of your domain (unless you and we agree otherwise in writing). Accordingly, it is your responsibility to pay all registrar fees associated with the domain and to manage all domain settings (for example, DNS records). Further, we may change our software and hardware and, from time to time, may require you to modify your DNS records to ensure the ability of the Services to send email messages from email address(es) at your domain(s).
When you send an email message using the Services, we attempt to deliver the message using secure and encrypted communications, though the availability and strength of encryption for a particular message is dependent on the recipient’s mail server and other factors outside of our control, so we cannot guarantee the security, integrity, or privacy of the message. Confidential, privileged, protected, or otherwise sensitive information, should generally not be delivered by email and you should not use the Services to transmit the same. To avoid the possibility of exposure during delivery, documents sent for electronic signature through the Services are not attached to any emails. The name and email address of each recipient and the name of each document may appear in the email headers, subject or body and, for the reasons stated, should not be assumed to be private.
You should not use the Services to send or collect any regulated information, for example, payment information. You should use specialized tools for the sending and collecting of such information (for example, a PCI compliant payment platform). The Services are not PCI compliant.
Due to the technical nature of email, we have no way of guaranteeing deliverability of any individual email message, including signature requests. If there is no indication a recipient has received an email sent via the Services, you should follow up with the recipient to ensure receipt.
When you send an electronic signature request via the Services, an email containing a signature URL is sent to the email address you provide, and access to view and electronically sign each document included in the request is granted to the recipient (the “Signer”) by requiring that person to correctly answer a security question that you specify when sending the signature request. The privacy of the document(s) and integrity of the signature(s) is dependent on the Signer being the only person with the signature URL and the answer to the security question. If a third party intercepts or otherwise comes into possession of the signature URL and can provide the correct answer to the security question, then that third party can impersonate the Signer and will be able to view and sign the document(s). You must choose a security question and answer that will be known only to the Signer. We are not responsible for your failure to send the signature request to the correct email address or to specify a security question and answer that meets the above requirements.
The Services were designed and built in accordance with the Electronic Signatures in Global and National Commerce Act (the ESIGN Act). It is your responsibility to ensure your use of the Services meets all compliance laws and regulations for your usage, location, industry, and business. There may be specific types of transactions for which an electronic signature is not acceptable.
You must purchase a subscription and pay the applicable subscription fees to use the Services (your “Subscription”). To make that purchase, you must provide valid payment information to us. When you provide that information, you are authorizing us and our third-party payment vendors (for example, Stripe) to charge all applicable Subscription fees and all additional “add-on” fees selected by you to your chosen payment method. All such fees will be described to you in the Services. You must ensure that your payment information in your account remains current and valid so that we may charge all Subscription fees to you during your Subscription.
Most of the Services are only accessible by using credits. Each Subscription will include a certain number of credits. If you exceed the allotted number of credits in your Subscription in any billing period, then you must pay for each additional credit used as described to you on our pricing page and other pricing materials available to you. Depending on how many credits you use in excess of your allotted number of credits, we may automatically move your Organization to a higher tier Subscription on a temporary or permanent basis to ensure you are receiving a fair subscription price (in our sole discretion). We will attempt to provide notice to you if we move your Organization to a higher tier, however, we will not be liable for any failure to provide prior notice to you. You may move your Organization to a higher tier or a lower tier at any time using the settings in your account or by contacting us.
All Subscription fees must be paid in advance, are non-cancelable, and are non-refundable. All fees are exclusive of taxes and similar government assessments of every nature and form (if any), all of which you must pay. We may charge you interest at 1.5% per month for any undisputed Subscription fees which you fail to timely pay us in accordance with these Terms. You shall not issue “chargebacks” or “reversals” or otherwise attempt to reclaim payments made to us as part of your Subscription or add-on services or fees.
If you fail to pay any fees associated with your Subscription (including if we are unable to successfully charge the payment information you provide to us), then we may suspend or terminate your Subscription. Such suspension or termination may include restricting your ability to use the Services, deleting your account, and also deleting all data in our systems related to your account and Subscription. We disclaim all liability for such deletions, including any liability for perceived or actual loss of business.
We may change Subscription fees at any time, for any reason. If we change the fees, we will attempt to provide reasonable prior notice to you, however, we will not be liable for any failure to provide prior notice to you.
If you request additional services beyond those offered in your Subscription and you and we agree in advance to any fees associated with such services, then we may provide the additional services and invoice you for the same. If you and we do not sign a separate agreement regarding additional services, then these Terms will control our provision of those additional services to you. If you and we sign a separate agreement regarding additional services, then (a) that agreement will control our provision of those additional services to you, and (b) these Terms will control the relationship between you and us with respect to the Services contemplated in these Terms.
We may offer special discounts, free add-on services, or other incentives in exchange for receiving annual (rather than monthly) payments from you for your Subscription. If you choose to pay annually, you agree that each annual payment, once made, is final, non-cancelable, non-refundable, and non-recoverable. You may switch between annual and monthly payment schedules at any time, but at least two business days prior to your next scheduled payment, by contacting us.
We may offer free or discounted, promotional uses of the Services, in our sole discretion. We may withdraw your right to use any one or more of such promotional offers at any time, for any reason, with or without notice to you.
You may cancel your Subscription at any time by contacting us. All such cancellations will be effective at the end of your then-current Subscription term. You must pay all Subscription fees during the remaining period of your term even if you cease using the Services before the end of the term.
We may cancel your Subscription at any time, for any reason. If we cancel your Subscription, we will attempt to provide reasonable prior notice to you, however, we will not be liable for any failure to provide prior notice to you. The effective date of a cancellation by us will be the date indicated on the notice we provide to you (which may be the same date as the date the notice is delivered to you).
You may be allowed to submit data to us (such as text, documents, images, audio, videos, and more) (“Customer Data”). For clarity, Anonymous Data (defined in our Privacy Policy) is not regarded as Customer Data. As between you and us, you will retain all ownership rights in your Customer Data in the form submitted to us. You represent that you own your Customer Data, or otherwise have legal rights to your Customer Data, and that the license you grant us to use your Customer Data is valid and does not violate any other contract or law.
You grant us an irrevocable, worldwide, perpetual, royalty-free, sub-licensable, transferable, non-exclusive, license to access, store, use, process, copy, distribute, display, perform, create (for the purposes of reformatting the data to display in the Services) derivative works from, and export, your Customer Data, with or without attribution for the following purposes: (a) to provide, maintain, and update the Services, (b) to prevent or address service, security, support, and technical issues, with the Services, and (c) as required by law. Please refer to our Privacy Policy for additional information about how we may use your Customer Data.
Please note that your Customer Data may be visible to other users of the Service within your Organization (please review our Privacy Policy to understand your rights with respect to privacy) and publicly (such as on your Organization’s electronic signature page, if you have one). We cannot guarantee that those other users will not violate your rights with respect to your Customer Data and we disclaim all liability for uses by other users.
Notwithstanding anything contrary in these Terms, we do not have any obligation to retain or otherwise backup your Customer Data except that we will retain all documents sent for signatures for at least 90 days after the signing date (or such other time period as set by you in your Organization settings, if available). It is your responsibility to download from the Services any electronically signed documents that you need to keep for regulatory or any other purposes, and it is the responsibility of the Signer to do the same for any documents they sign via the Services. Additionally, we may monitor, edit, or delete your Customer Data from the Services if we determine that it is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or in violation of these Terms, any laws or regulations, or any other party’s rights. Please review our Privacy Policy to learn more about your rights with respect to the retention and deletion of your Customer Data.
We may provide template language for you to use to create emails and documents within the Services. However, it is your sole responsibility to review and edit the template language for correctness and to ensure it does not violate any applicable laws or regulations. Please note that our template language is not necessarily written by licensed agents or experts in your industry. We do not make any guarantees regarding the template language we may provide, and we disclaim all liability with respect to that template language.
We take security seriously, and we encourage you to use one or more of the two-factor authentication options we make available for free on your account.
The Services (including all design, software, code, and other content on the Services) are either owned by us, licensed to us, or likely owned by another individual or business, and may be protected by copyright, trademark, patent, trade secret, or other intellectual property laws. As between you and us, we own all the foregoing. Your use of the Services does not grant any rights to you other than the right to use the Services for their intended purpose as outlined in these Terms.
Any content we may make available to you is exclusively for use within the Services while you are a customer with a paid Subscription in good standing. You are not permitted to use our content (text, images, videos, and similar) anywhere else, even if you are no longer a paying customer.
We respect intellectual property rights and it is our policy to comply with the U.S. Digital Millennium Copyright Act of 1998 (“DMCA”). If you believe content on the Services infringes your copyright (or the copyright of someone which you are authorized to represent), please submit a DMCA Notice to our Designated DMCA Agent at copyright [at] lightmail [dot] com.
Your DMCA Notice must include all the following:
Identification of the copyrighted work that you claim has been infringed.
Identification of the material that is claimed to be infringing and specifically where it is located on the Service.
Sufficient information for us to contact you such as your address, phone, or email address.
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law.
A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
An electronic or physical signature of a person authorized to act on behalf of the copyright owner.
PLEASE NOTE: Under U.S. federal law, if you knowingly misrepresent that online material is infringing, you may be subject to criminal prosecution for perjury and civil penalties, including monetary damages, court costs, and attorneys’ fees.
All references to “us” and similar words such as “we” and “our” (even if not capitalized) in this section mean us and our parents, subsidiaries, and affiliates, and the respective owners, directors, officers, managers, employees, contractors, and other representatives, of us and our parents, subsidiaries, and affiliates.
The Services are offered on an “AS IS” and “AS AVAILABLE” basis without any representations or warranties of any kind.
Without limitation, we do not represent or warrant that (a) the information on the Services is free from error, (b) the functionality of the Services will be uninterrupted, secure, or free of errors, (c) defects in the Services will be corrected, or (d) that the Services or the equipment the Services use are free of viruses.
To the fullest extent permitted by law, we disclaim all representations and warranties (express, implied, and statutory), including (a) any representation or warranty related to the implied warranties of merchantability, title, fitness for a particular purpose, accuracy of data, (b) any representation or warranty related to non-infringement (including all forms of intellectual property infringement), (c) any representation or warranty related to compliance with the Americans with Disabilities Act or any similar federal or state law or regulation, and (d) all liability for identity theft and other misuse of your identity or content. For the avoidance of doubt, under no circumstances will we have an obligation to defend or indemnify you against any claim, cause of action, or allegation made against you.
It is your responsibility to ensure the documents you send for e-signatures through the Services are of a type which may be signed electronically. We do not make any guarantees regarding the same.
We do not vet content submitted by users of the Services and we do not represent or guarantee that any such content is truthful or accurate or that you will have any right to use that content.
We do not warrant, endorse, guarantee, or assume responsibility for, any product or service advertised or offered by a third party on the Services, or for any other websites or applications which are linked to or referenced in the Services. If you use or purchase any such products or services, or if you click on any such links, you do so at your sole risk.
We will not be liable to you or any third party for any indirect, special, incidental, consequential, cover, or punitive damages (including lost profits or revenues, loss of data, loss of use, or costs of obtaining substitute goods or services), arising out of or in connection to the Services or your use of the Services.
All limitations of liability in these Terms will apply regardless of the underlying legal theory of the claim (contract, negligence, tort, etc.) and regardless as to whether we have been advised of the possibility of such damages.
All limitations of liability in these Terms will apply to the fullest extent permitted by law.
Subject to the limitations of liability in these Terms, our liability to you or any third party will not exceed the amount you paid for the Services during the 12 months immediately preceding our receipt of notice of your or the third party’s claim, or if the claim does not relate to a purchase, then $100.
Any cause of action or claim which you may have which arises out of or in connection to the Services or your use of the Services must be brought (if at all) within one year after the cause of action or claim accrued. Otherwise, such cause of action or claim will be permanently barred.
All the foregoing limitations will apply even if a remedy fails of its essential purpose and to the fullest extent permitted by law.
Some jurisdictions do not allow certain exclusions, disclaimers, and limitations of liability. To the extent such jurisdictions’ laws are applicable to your use of the Services, such exclusions, disclaimers, and limitations of liability, will be limited to the extent required by the applicable law.
The rights of each party to cancel a Subscription are provided above.
Other than Subscription cancellations, you may terminate your use of the Services any time. If you owe us any payments at the time you terminate your use of the Services, then you must promptly pay us all such payments after the termination. In all cases, you will remain liable for any damage you caused or may later cause to us or any part of the Services.
In addition to our rights to cancel a Subscription, we may temporarily or permanently terminate one or both of (a) your account and delete all content (including your Customer Data) associated with your account and your Organization, and (b) your licensee to use the Services. We may exercise those rights at any time, for any reason, in our sole discretion, with or without notice to you.
Even if your Subscription is cancelled, and even if your license to use the Services is terminated (by either party), the following provisions of these Terms will continue to apply to you and will survive such termination: (a) all provisions restricting your right to use the Services and all provisions limiting our obligations to you, (b) all provisions related to your obligation to pay us sums you owe us, (c) all provisions related to our intellectual property rights and all provisions related to your licenses of (and representations regarding) your Customer Data, (d) all provisions related to your indemnification obligations and all provisions related to arbitration, governing law, jurisdiction, and waiver of jury trials, (e) all provisions related to exclusions, disclaimers, and limitations of liability (except as limited by applicable law), (f) all provisions related to termination of your account and license to use the Services, and (g) all miscellaneous provisions.
You shall indemnify us and our parents, subsidiaries, and affiliates, and the respective owners, directors, officers, managers, employees, contractors, and other representatives, of us and our parents, subsidiaries, and affiliates (the “Protected Parties”) against all reasonable expenses and liabilities including attorneys’ fees, costs, judgments, and damages of every kind arising out of any suit, claim, investigation, or proceeding, which is threatened or brought against a Protected Party, related to your (a) use of the Services, (b) breach of these Terms or any other policies referenced in these Terms, (c) submission of content that violates third party rights or applicable laws, or (d) violation of applicable law. We may, at your expense, assume the exclusive control and defense of any such matter. You shall cooperate, at your expense, with our control and defense of any such matter. You shall not settle any such matter without our prior written consent.
The Protected Parties shall have no obligation to indemnify or defend you and/or your parents, subsidiaries, and affiliates, and the respective owners, directors, officers, managers, employees, contractors, and other representatives of you and your parents, subsidiaries, and affiliates (the “User of Services Parties”) as the result of any third-party claim made against one or more of the User of Services Parties relating in any way to the use of the Services, either under these Terms or any prior terms or agreements between one or more of the User of Services Parties and us. Any statutory duty we may otherwise have to defend or indemnify the User of Services Parties against such third-party claims relating in any way to the use of the Services is hereby disclaimed to the fullest extent permissible by law.
If a dispute arises between you and us related to the Services, your use of the Services, or these Terms or any policies referenced in these Terms, then the dispute will be resolved by binding arbitration rather than in court (arbitration does not involve a judge or jury and court review of arbitration awards is limited). To initiate an arbitration, you must send a letter requesting arbitration and describing your claim to our registered agent on file with the Kansas Secretary of State. The arbitration proceedings will be held in Johnson County, Kansas, USA, or virtually if both you and we agree to virtual arbitration.
If this agreement to arbitrate is found not to apply to your claim, then both you and we agree that any judicial proceedings will be brought in accordance with the legal provisions below.
Notwithstanding the agreement to arbitrate above, we may assert a claim seeking injunctive or other equitable relief from any court as necessary to stop unauthorized use or abuse of the Services or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration.
CLASS ACTIONS ARE PROHIBITED: All claims, including all arbitration claims, must be brought on an individual basis and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations, are not allowed.
Our provision of the Services, your use of the Services, and these Terms and all policies referenced in these Terms, will be governed by and construed in accordance with the laws of Kansas excluding its conflict of law principles. With respect to any dispute arising out of or related to any of the foregoing, both you and we consent to jurisdiction in, and the exclusive venue of, the state courts in Johnson County, Kansas, or when applicable in the U.S. District Court having jurisdiction over that county.
You and we each waive trial by jury in all actions, proceedings, or counterclaims brought by either party against the other on any matter arising out of or in any way connected to the Services, your use of the Services, and these Terms and all policies referenced in these Terms.
These Terms, and all policies referenced in these Terms (if applicable to you), contain the entire agreement between you and us related to the Services and your use of the Services, and supersede all prior discussions and agreements (whether oral or written) by you and us related to the same.
Any failure or delay by us to exercise any right or remedy in these Terms will not operate as a waiver of the same. Any waiver by us of a breach by you of any provision in these Terms will not operate as a waiver of any subsequent breach. Any waiver by us will not be effective unless and until it is in written form and signed by us.
Each provision in these Terms will be treated as separate and independent of the other provisions. Accordingly, if a court with competent jurisdiction declares a provision unenforceable, then the provision will be limited to the minimum extent necessary so that it remains enforceable. If such amendment is not possible, then the unenforceable provision will be deemed removed from these Terms, but the remaining provisions will remain in full force.
You may not assign your rights or obligations in these Terms, or any policies referenced in these Terms, without our prior written consent. Any attempted assignment by you will be null and void. We may assign our rights and obligations in these Terms at any time, for any reason, with or without notice to you.
We may amend these Terms any time, for any reason, with or without notice to you. Your continued use of the Services after the amended Terms are posted on the Services will constitute your acknowledgment and agreement to the amended Terms. However, to the extent the amended Terms materially alter your rights or obligations in these Terms, the amended Terms will become effective upon the earlier of (a) your continued use of the Services with actual knowledge of the amended Terms, or (b) 30 days after the amended Terms are posted on the Services.
Unless otherwise required by these Terms or by law, you may contact us at legal [at] lightmail [dot] com.